Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
This action is in response to the amendments and remarks received on August 10, 2026 and the Request for Continued Examination filed on September 1, 2026.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114 was filed on September 1, 2026 , including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on August 10, 2026 has been entered.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Response to Arguments
Applicant’s arguments with respect to the pending claims have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1 and 5-8 are rejected under 35 U.S.C. 103 as being unpatentable over ANDERSON (US 2011/0245833) in view of LEH et al. (US 10,406,662).
In reference to claims 1 and 5, ANDERSDON teaches a tool comprising: a bit 110 held in a bit holding portion 90 that is movable in an axial direction (figures 1-2) ; a motor 30 configured to move the bit holding portion 90 in the axial direction; a controller (encoder) configured to control output of the motor 30 to control a movement speed of the bit holding portion in the axial direction (paragraph [0079]); and a motor state detector (i.e. axial force and/or torque sensor) configured to detect a state (e.g. speed, velocity, acceleration or torque-paragraph [0079]) of the motor, wherein the controller is configured to control the movement (speed) of the bit holding portion along the axial direction based on the state of the motor when the bit 110 is engaged with a target (paragraphs [0075] & [0080]).
Paragraphs [0074-0075], [0099] and [0102] of ANDERSON discloses the controller configured to monitor and control movement (speed) of the bit holding portion 90 based on measured output (e.g. speed of rotation (RPM), torque, voltage) of the motor according to predetermined parameters (threshold); however, ANDERSON does not provide specific examples of controller responses as claimed. LEH et al. teaches a tool comprising: a bit held in a bit holding portion 28 that is rotable abut an axis X; a motor 20 configured to move the bit holding portion 28; a controller 40 configured to control output of the motor 20 to control a movement speed of the bit holding portion 28, and further configured to after a decrease in the output (speed) of the motor 20 when a movement speed of the bit holding portion is at or lower than a predetermined speed <ɷx (column 15 lines 30-35 ), increasing the movement speed of the bit holding portion 28 by increasing a current supplied to the motor (column 16 lines 2-5) to reach a first movement speed of the bit holding portion (steps 212 & 220). It would have been obvious to one having ordinary skill in the art at the time of filing the invention to have modified the controller of ANDERSON to decrease the output of the motor when the bit holding portion speed is lower than predetermined speed since column 6 lines 61-67 of LEH et al. suggests that such a modification facilitations a smooth operational transition for the purpose of avoiding damage to a workpiece and/or the fastener.
Regarding claim 6, ANDERSON further discloses a first and second switch portion 32, 62 to change the fastening tool between an axially movable first mode (32) and a rotably movable second mode (62). ANDERSON does not disclose a mode switch actuating a first and second mode of the controller as claimed. LEH teaches a the fastening tool further comprising a mode switch portion 42 configured to switch between a first (control) mode and a second (normal) mode; wherein in the first (control) mode the controller 40 determines whether a movement speed has decreased (step 212) and the controller decreasing output of the motor (step 210); and in the second (normal) control mode is equal to or lower than a predetermined speed and decreasing the output of the motor (column 17 lines 3-36). It would have been obvious to one having ordinary skill in the art at the time of filing the invention to have modified the controller modes of ANDERSON to include the first and second control modes taught by LEH et al. since column 8 lines 11-32 of LEH et al. suggests such a modification facilitates effective control of the motor for the purpose of functioning at various maximum speeds.
With respect to claim 7, the controller of ANDERSON as modified in view of LEH et al. is further configured to increase the movement speed of the bit holding portion, after decreasing the output of the motor, within a range less than a first movement speed of the bit holding portion before (again) decreasing the output of the motor according to column 18 lines 11-17.
In reference to claim 8, the controller of ANDERSON as modified in view of LEH et al. is further configured to return to the first movement speed after decreasing the output of the motor according to column 18 lines 11-58.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Refer to the previously attached PTO-892 for a notice of references cited and recommended for consideration based on their disclosure of limitations related to the claimed invention. In particular, consider the disclosures of SERGYENYENKO et al. (US 10,011,006) and MERGENER et al. (US 10,131043) as it pertains to a fastening tool having a controller switchable between various speed modes.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GLORIA R WEEKS whose telephone number is (571)272-4473. The examiner can normally be reached M-F 8am-2pm & 5pm-7pm EST.
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/GLORIA R WEEKS/Primary Examiner, Art Unit 3731
November 10, 2025
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