Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Response to Arguments
The 35 USC 101 rejection is withdrawn.
Applicant argues the repository of Chen is incompatible with the claimed invention, which requires discovering and connecting to a plurality of power tools in real time without any preloaded registry; Page teaches nothing about power tools, field devices, performance data, or parameter modification Mashiko does not supply the user directed modification element; and cites a Board decision in reversing a 103 rejection based in part on the application of Brown and Samudrala; in addition to dependent claim rejections.
The Examiner relieved upon Chen, in view over Page (e.g. displaying a list of discovered tools; selecting a device from the list; and establishing connections to the wireless device, Figure 5) while relying upon the teachings of Chen, which upon establishing communication with a wireless field device based upon a list of recognized devices, retrieving, modifying, and configuring the field device (e.g. In any of these cases, the controller 54 can display a list of recognized devices to a user and allow the user to choose to view information about any of the devices or, alternatively, the controller 54 can automatically display information about the recognized devices via the HUD 40, see also “ Using the routine 150, the user can go out into the process control environment or plant, obtain a list of devices and/or communication channels associated with a device, choose a particular device and/or communication channel for testing, find out what the signal on the device or channel being tested should be, see also “If desired, the portable or handheld computer 30 may be used to directly and wirelessly access individual field devices without communicating through a host system to perform any functionality typically performed by known handheld devices that communicate with field devices via a wired connection,” see also “ In this example, the handheld computer or communicator 30 can communicate directly with different field devices to obtain information from the field devices (such as process information or information collected by and stored within the field devices), to send information (such as configuration information) to the field devices or to perform any tasks on the field devices using the same types of communications typically implemented by known hardwired handheld device communicators, except that the communications with the device are performed wirelessly, see also “ Such operations may include, for example, sending a signal to a field device 424 to request information from the field device 424, sending one or more configuration or calibration or control signals to a field device 424 to cause the field device 424 to be configured or calibrated or controlled in some manner, changing information within one of the field devices 424, etc., see also “ Such operations may include, for example, sending a signal to a field device 454 to request information from the field device 454, sending one or more configuration or calibration or control signals to a device 454 to cause the field device 454 to be configured or calibrated or controlled in some manner, changing information within one of the field devices 454, etc..”
The teachings of Chen, in view over Page, teach discovering devices, selecting a device, obtaining configuration parameters/process parameters of the device, modifying the parameters, and configuring the field device with the parameters. The combined teachings, when applied to the teachings of Mashiko, namely providing a plurality of power tools, 0049-53, 0055-64 e.g. see obtaining, modifying, and transmitting control modes and parameters for a power tool), provides an expected and predictable result of modifying the power tool parameters based on discovering power tools, obtaining power tool parameters, modifying power tool parameters, programming the power tool with the parameters, and controlling the power tool. Accordingly, Mashiko supplies the missing modification element, namely modifying power tool parameters much like Chen modifies field device parameters. Applicant’s reliance on a repository does not preclude the application of an alternative communication means based on specific, user input for selecting a target device.
Regarding whether Chen, as modified by Mashiko, teaches “transmitting instructions to modify the at least one performance parameter in accordance with the user modification input,” the Examiner respectfully submits the following interpretation:
In view over Applicant’s arguments, it is interpreted that “instructions to modify the at least one performance parameter data in accordance with the user modification input” represent that the power tool, upon received the modified/updated parameters, is configured with the parameters. In other words, the instructions represent the new configuration/new settings, which upon receipt, is automatically implemented by the field device. Applicant’s specification addresses the instructions in light of published para. 0024 e.g. “This data can then be wirelessly transmitted to the battery pack 100 for storage within a memory 128. Persons skilled in the art will recognize that the user can input the new information (as well as other commands, etc.) via a keyboard or touchscreen in computing device 250 and/or by giving verbal commands which are recognized by the computing device 250..”
The BRI of the instructions essentially is programming the power tool, see published para, 0027-29, or alternatively, instructions are interpreted as receiving new parameters for implementation, as per Applicant’s specification 0026-29. Applicant’s specification does not teach the instructions commanding the power tool, upon receiving the parameters, to program itself. In other words, “instructions to modify,” in light of Applicant’s specification, 0032, represent updated settings for implementation. Applicant’s specification does not detail or provide steps for what the instructions represent other than new settings.
Chen expressly teaches the instructions for modifying, namely the configuration change and/or updating or reconfiguring itself with the updated parameters (e.g. “to cause the field device 424 to be configured or calibrated or controlled in some manner, changing information within one of the field devices 424, etc., see also “ Such operations may include, for example, sending a signal to a field device 454 to request information from the field device 454, sending one or more configuration or calibration or control signals to a device 454 to cause the field device 454 to be configured or calibrated or controlled in some manner, changing information within one of the field devices 454, etc..”
Mashiko further provides “instructions to modify the at least one performance parameter data in accordance with the user modification input,” namely updated parameters.
In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986). As discussed above, Page was relied upon for the pertinent communication functions, in light of the claims, for establishing communication with multiple devices, Figure 5.
In response to applicant’s argument that there is no teaching, suggestion, or motivation to combine the references, the examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007). In this case, the modification and/or substitution of a power tool with a field device provides an expected and predictable result of adapting power tool parameters much like the field device parameters; the power tool and field device were known the prior art, infra applied prior art; and it’s noted the claim language does not define power tool, it’s structural configuration interfaces, and functionalities to preclude its use within industrial control systems of Chen, see MPEP 2143, B. simple substation of one known element for another to obtain predictable results. Accordingly, remotely commissioning, programming, or configuring an industrial device (e.g. field devices) based on applying the combined teachings, namely discovering devices, displaying the list of devices and associated parameters, user modification of the parameters, and remotely programming the parameters within the device, upon application to broadly recited power tool devices, provides an expected and predictable result that power tool parameters are modified and implemented. Moreover, in response to Applicant’s argument that “there is no gap in Chen that the discovery mechanism of Page fills,” the Examiner notes Page provides an automated communication process based upon user input, as per Figure 5, which when applied to Chen, provides an automatic connection process for wireless communication in addition to the alternative channel selection process of Chen. The inclusion of an alternative connection mechanism, based on manual input, does not preclude the application of a registry. Chen does not disparage the inclusion of alternative connection means.
In response to applicant's argument that Chen is nonanalogous art, it has been held that a prior art reference must either be in the field of the inventor’s endeavor or, if not, then be reasonably pertinent to the particular problem with which the inventor was concerned, in order to be relied upon as a basis for rejection of the claimed invention. See In re Oetiker, 977 F.2d 1443, 24 USPQ2d 1443 (Fed. Cir. 1992). In this case, Chen addresses a pertinent function of “providing instructions to modify” and pertinent functions of remote configuration, infra analysis claim 1.
Applicant’s arguments directed to Gilmore have been considered but not persuasive. Gilmore teaches wherein the at least one performance data includes at least one of a maximum motor speed or a maximum motor power of the first power tool ((Gilmore, Col 8 lines 60-67)
One of ordinary skill in the art at the time the invention was made applying the teachings of Chen, as modified, namely remotely configuring power tool settings, to the teachings of Gilmore, namely specifying maximum toque specifications for a power tool, would achieve an expected and predictable result combining said elements using known methods. Gilmore is reasonably pertinent to specifying power tool parameters for error proofing as described, ABSTRACT.
Applicant’s arguments directed to Francis have been considered but not persuasive. Francis teaches the accessory limitations described below
wherein the processor is further configured to: determine an identity of an accessory associated with the first power tool (Francis, ABSTRACT, Figure 2- S140; modify the at least one performance data according to the identity of the accessory; and transmit the modified at least one performance data to the at least one power tool, supra claim 1 for remotely configuring power tool parameters)
One of ordinary skill in the art at the time the invention was made applying the teachings of Chen, as modified, namely retrieving power tool configuration data and sending a modified parameters for controlling the power tool, to the teachings of Francis, namely obtaining power tool accessory and associated settings, would achieve an expected and predictable result of remotely configuring power tool accessories.
Applicant’s arguments directed to Makita have been considered but not persuasive for the reasons set forth in the office action namely programming a battery pack much like programming a power tool.
In response to Applicant’s discussion of the Board rejection, in light of Samudrala (e.g. parameters cannot be modified by a user), the Examiner submits Chen teaches a pertinent function of modifying field device parameters as well as Mashiko. The basis for the Board decision was predicated upon the teachings of Samudrala, which in contrast to the application of Chen, in view over Mashiko, does not create a “distinct deficiency” described by Applicant.
Suggestions:
The Examiner notes key differences between the applied combination of prior art in view of Applicant’s published specification such as:
0021-22 e.g. “It may be preferable to color-code the different listed power tools, battery pack and other products. For example, tools that are owned (or paired) with the user can be shown in green. Tools that can’t be contacted or accessed by the user can be shown in red. Tools that are owned by colleagues or a group are shown in yellow. Tools that have not been associated with a particular user can be shown in white.
[0022]
Similarly, persons skilled in the art will recognize that computing device 250 may show a list of previously-paired power tools, battery packs and other products, and show the ones that are nearby in one color, while showing the others in another color. In this manner, the user will know which power tools, battery packs and other products are within a certain radius, thus conducting a quick inventory check, see also the multiple profiles including a first profile:
0034 e.g. “ such manner, computing device 250 can determine that, for example, a small grinding wheel has been installed on grinder/power tool 200 and that the maximum speed should be 10000 rpm. Computing device 250 would then program grinder/power tool 200 to not exceed such maximum speed. This would allow a user to use a grinder as a polisher (and vice versa) by selecting the appropriate speed for the desired accessory.”
A second profile comprising:
0044 e.g. “Similarly, an owner of power tool 200 can select settings for different users according to their level of skill. For example, the owner may have a standard setting for experienced users and a lowered power setting for less skilled users. In this manner, the owner can change the torque output or the start-up speed curve (and other attributes) of a rotary hammer/power tool 200 to a setting that is manageable by an inexperienced user, such as a soft-start setting.”
An nth profile comprising modes of operation comprising:
0033 e.g. “The user can also enable and disable different modes of operation, such as allowing/not allowing power tool 200 to rotate in a reverse direction. As mentioned above, the user can enter such commands via a keyboard or touchscreen on computing device 250 and/or by providing verbal commands recognized by computing device 250.
The combination of first, second, and nth profile types, each configured with different modes and working parameters, upon selection and implemented, in light of the identifying and indicating paired attributes of a power tool upon discovering nearby power tools, does not appear to be taught by the applied prior art of record.
An amendment reflecting first, second, and nth modes of operation as well as indicating individual or group attributes of the power tool, distinguishes over the limited working parameters and modes of power tool operation for programming as well as defines over the field devices of Chen, and in addition, the attributes of a displayed power tool are selectively adapted based on access association further overcomes the applied prior art in the following aspect:
“Tools that can’t be contacted or accessed by the user can be shown in red. Tools that are owned by colleagues or a group are shown in yellow. Tools that have not been associated with a particular user can be shown in white….”
The Examiner is amicable to drafting an Examiner’s amendment for consideration
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 pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under pre-AIA 35 U.S.C. 103(a) are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1, 5-6, and 19-20 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Chen et al. (USPN 7640007) in view over Page et al. (USPN 7324462) in view over Mashiko et al. (WO2012160799).
Claim 1:
Chen teaches a computing device including a display (ABSTRACT e.g. see wireless communicator), a wireless communication circuit (ABSTRACT, Figure 15-330 e.g. see wireless means for communicating), and a processor (Figure 1, Figure 5, Figure 15 e.g. “portable computer-119, Figure 2-36); However, Chen does not expressly teach the user input for connecting to plurality of power tools, displaying a list of power tools in response, selecting a displayed power tool, displaying performance parameters of a power tool, receiving user input to modify the performance parameters, and transmitting the performance parameters to the power tool.
Page teaches the user input for connecting to a process control device while Mashiko et al. teaches a plurality of power tools; Page teaches selecting a displayed, discovered device for establishing a connection while Chen teaches obtaining and modifying performance parameters of a process device responsive to establishing a connection with a desired field device while Mashiko teaches the power tools having performance parameters; Mashiko teaches obtaining and displaying performance parameters responsive to establishing a connection, displaying power tool performance parameters, modifying performance parameters, and transmitting performance parameters while Chen teaches obtaining performance parameters in response to a connection to a field device, modifying performance parameters of a field device, and transmitting performance parameters for a field device,
wherein the processor (Chen, Figure 1-30, 34) is configured to:
receive a user input to connect the computing device to a plurality of power tools (Page et al-405 (e.g. see user input initiating connection to wireless device), infra Mashiko for power tools), see also Page et al., 410, 425, 430, 435, 462, Figure 4, e.g. see user input to connect a computer device to devices via the processor of Page (e.g. as interpreted, user initiated request for establishing a connection), see also Chen for connecting a computing device to multiple field devices via a field engineer, Col 13 lines 7-67, Col 15 lines 1-5, lines 25-63, Col 16 lines 18-25, Col 18 lines 25-67, Col 21 lines 8-15, Col 23 lines 5-65, Col 22 lines 55-67 thru. Col 23 lines 1-10, Col 24 lines 56-67) (e.g. see establishing a connection with a selected field device via an operator, including identifying and selecting displayed devices) , see also Mashiko for a plurality of power tools, 0049-53, 0055-64 e.g. see obtaining, modifying, and transmitting control modes and parameters for a power tool, including multiple power tools)
wirelessly contact the plurality of power tools via the wireless communication circuit (Page, Figure 4 e.g. see wireless discovering multiple devices, see Chen for wireless communicating with field devices based on obtaining a communication channel, Col 24 lines 56-67, in addition to establishing a communication session with a field device, Col 22 lines 55-67 thru. Col 23 lines 1-10)
cause the display to present a listing of the plurality of power tools (Page, Figure 4-425 e.g. see displaying listing of discovered devices, see Chen for displaying list of identified field devices, Col 16 lines 18-25, Col 18 lines 25-67, see also Col 13 lines 7-67, Col 15 lines 1-5, lines 25-63, Col 16 lines 18-25, Col 18 lines 25-67, Col 21 lines 8-15, Col 23 lines 5-65, Col 22 lines 55-67 thru. Col 23 lines 1-10, Col 24 lines 56-67) (e.g. see directly obtaining, wired or wirelessly, field device information including process information, stored information, sending configuration information to field devices, see also Col 21 lines 8-15, Col 23 lines 5-67, see also Mashiko for a plurality of power tools, 0049-53, 0055-64)
receive a user selection of a first power tool from the listing of the plurality of power tools from the display (Page, Figure 4-430, 435 e.g. see selecting a displayed device to establish a connection, see Chen for communicating between a computer and a selected field device upon establishing communication as well as user selecting a displayed device for exchanging parameters, Col 13 lines 7-67, Col 15 lines 1-5, lines 25-63, Col 16 lines 18-25, Col 18 lines 25-67, Col 21 lines 8-15, Col 23 lines 5-65, Col 22 lines 55-67 thru. Col 23 lines 1-10, Col 24 lines 56-67) , see also Mashiko for a plurality of power tools, 0049-53, 0055-64 e.g. see obtaining, modifying, and transmitting control modes and parameters for a power tool)
One of ordinary skill in the art at the time the invention was made applying the teachings of Page, namely implementing establishing wireless connections to a selected, displayed device based a on a user request to connect, to the teachings of Chen, namely obtaining device information “once a communication connection has been established,” would achieve an expected and predictable result of manually triggering a device discovery process for identifying nearby devices for establishing a connection. The integration of the discovery functions Page into the processor Chen provides an expected and predictable result whether processor functions of separate or integral. The application of Page to Chen provides an improved device discovery as described, background of invention and would logically commend itself to the device discovery process of Chen.
Chen, as modified by Page, does not expressly teach the plurality of power tools. Mashiko teaches the plurality of power tools described above, analogous to a process control device or field device.
One of ordinary skill in the art at the time the invention was made applying the teachings Mashiko, namely identifying a power tool make and model, obtaining performance parameters of the power tool, modifying the power tool performance parameters, and transmitting modified power tool performance parameters, would achieve an improved invention by facilitating the remote configuration of power tools via applying the teachings of Chen, as modified by Page, namely displaying a list of discovered devices responsive to user requesting a discovery process, selecting a displayed device for establishing a connection, upon establishing a connection based on the displayed list, then obtain device parameters, modifying the device parameters, and configuring the device with the modified parameters, as per Chen, Col 22 lines 56-67 thru. Col 23 lines 1-10.
Mashiko is in the same field of endeavor as Chen, namely process control, see background art (e.g. assembly work in factories), and is reasonably pertinent to a problem of customizing device parameters to perform in accordance with tool specifications in the work environment. Moreover, one of ordinary skill in the art substituting or including a power tool in place of or with a field device for process control yields an expected and predictable result of acquiring power tool parameters based on establishing a connection.
Chen, as modified, teaches:
receive at least one performance data associated with a performance of the first power tool via the wireless communication circuit (Chen et al., see using wireless device to connect to a selected, displayed field device; directly and wirelessly obtaining and changing performance parameters of the field device; and changing select field device parameters, Col 22 lines 56-67 thru. Col 23 lines 1-10, see also Col 13 lines 7-67, Col 15 lines 1-5, lines 25-63, Col 16 lines 18-25, Col 18 lines 25-67 (e.g. see directly obtaining, wired or wirelessly, field device information including process information, stored information, sending configuration information to field devices, see also Col 21 lines 8-15, Col 23 lines 5-67 (e.g. see read field device information, configure or reconfigure the field device, calibrate the control device , send new parameters to the field device, etc.), Col 24 lines 56-67), and see Mashiko for at least one performance data for a power tool, Figure 5-S1, S4, S10, S12, S21,)
cause the display to present a plurality of attributes including the at least one performance data and at least one identity data associated with the first power tool in response to the user selection of the first power tool (Chen, e.g. see obtaining performance data of a selected field device including parameters for user modification and download to the field device in response to a user selecting a process control device, see also “device specific information” as reading of identify data, Col 13 lines 7-67, Col 15 lines 1-5, lines 25-63, Col 16 lines 18-25, Col 18 lines 25-67 (e.g. see directly obtaining, wired or wirelessly, field device information including process information, stored information, sending configuration information to field devices, see also Col 21 lines 8-15, Col 23 lines 5-67 (e.g. see read field device information, configure or reconfigure the field device, calibrate the control device , send new parameters to the field device, etc.), Col 24 lines 56-67), and see the following for displaying obtained power tool parameters:
see Mashiko for displaying at least one performance parameter and tool identity data in response to the connection and data retrieval from the power tool to the computer device, see Mashiko, Figure 5-S1, S4, S10, S12, S21, Figure 6 – 91, 92, 93, 94 e.g. see display presenting a plurality of power tool attributes and identity data in response to establishing a connection with the power tool, see above for selecting a displayed field device, establishing communication with a selected device, and obtaining parameters based on the selected field device upon establishing communication).
receive a user modification input modifying the at least one performance data from the display (Chen e.g. see sending new parameters or other information to the device…./new reads on modifications of parameters, see Col 13 lines 7-67, Col 15 lines 1-5, lines 25-63, Col 16 lines 18-25, Col 18 lines 25-67 (e.g. see directly obtaining, wired or wirelessly, field device information including process information, stored information, sending configuration information to field devices, see also Col 21 lines 8-15, Col 23 lines 5-67 (e.g. see read field device information, configure or reconfigure the field device, calibrate the control device , send new parameters to the field device, etc.), Col 24 lines 56-67), see also Mashiko for user modifying power tool parameters, Figure 5)
transmit, via the wireless communication circuit, instructions to the first power tool to modify the at least one performance data in accordance with the user modification input, wherein the first power tool is controlled based on the modified at least one performance data (Chen e.g. see sending new parameters/reconfiguring as reading on instructions to modify, see also Mashiko for sending updated parameters, see Chen : Col 13 lines 7-67, Col 15 lines 1-5, lines 25-63, Col 16 lines 18-25, Col 18 lines 25-67 (e.g. see directly obtaining, wired or wirelessly, field device information including process information, stored information, sending configuration information to field devices, see also Col 21 lines 8-15, Col 23 lines 5-67 (e.g. see reading field device information, configure or reconfigure the field device, calibrate the control device , send new parameters to the field device, etc.), Col 24 lines 56-67), and see Mashiko for modifying and transmitting at least one performance data for a power tool, Figure 5-S1, S4, S10, S12, S21, Figure 6 – 91, 92, 93, 94. As interpreted, sending new parameter values for implementation reads on “sending instructions to modify” because receiving modified parameters (e.g. new mode values) represent a “set of information” that effectively teach the power tool how perform, see the power tool of Mashiko for controlling the tool in accordance with received parameters.
Mashiko teaches controlling a power tool based on modified performance data while Chen, as modified, teaches remotely modifying received power tool performance data. Accordingly, the application of controlling a power tool based on modified parameters provides an expected and predictable result of modifying power tool operation.
Claim 5.
The computing device of claim 1 wherein the mode limitations comprise:
wherein the processor is further configured to: receive a first user input associated with enabling or disabling a mode of operation of the first power tool, and to; and transmit an instruction to the first power tool accordingly (Mashiko, Figure 1, Figure 2, Figure 6 e.g. see changing drive modes as reading on enabling a mode of operation)
Claim 6.
The computing device of claim 1, wherein the at least one identity data comprises at least one of an identifying name or a picture icon (Mashiko, Figure 6-91, see also Chen, Figure 4-104, Col 8 lines 8-10, col 11 lines 16-26)
Claim 19. Chen, as modified, supra claim 1, teaches a system comprising: a plurality of power tools;and a computing device including a display, a wireless communication circuit, and a processor, wherein the processor is configured to :wirelessly contact the plurality of power tools via the wireless communication circuit; cause the display to present a listing of the plurality of power tools ;receive a user selection of a first power tool from the listing of the plurality of power tools from the display; receive at least one performance data associated with a performance of the first power tool via the wireless communication circuit ;cause the display to present a plurality of attributes including the at least one performance data and at least one identity data associated with the first power tool in response to the user selection of the first power tool; receive a user input modifying the at least one performance data from the display; and transmit, via the wireless communication circuit, instructions to the first power tool to modify the at least one performance data in accordance with the user modification input, wherein the instructions to modify the at least one performance data control the performance of the first power tool.
Claim 19 is rejected under the same prior art and rationales set forth in claim 1.
Claim 20. The system of claim 19, wherein the first power tool is configured to modify the at least one performance data in accordance to with the modified at least one performance data (supra claim 1 e.g. see updating configuration parameters of Chen via the field device/power tool and/or overwriting tool parameters of Mashiko)
Claims 2-3 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Chen et al. (USPN 7640007) in view over Page et al. (USPN 7324462) in view over Mashiko et al. (WO2012160799) in view over Gilmore (USPN 6845279).
Claim 2. The applied prior art teaches the computing device of claim 1 but does not expressly teach the speed and power limitations described below. Gilmore teaches the speed and power limitations described below
wherein the at least one performance data includes at least one of a maximum motor speed or a maximum motor power of the first power tool ((Gilmore, Col 8 lines 60-67)
One of ordinary skill in the art at the time the invention was made applying the teachings of Chen, as modified, namely remotely configuring power tool settings, to the teachings of Gilmore, namely specifying maximum toque specifications for a power tool, would achieve an expected and predictable result combining said elements using known methods. Gilmore is reasonably pertinent to specifying power tool parameters for error proofing as described, ABSTRACT.
Claim 3.
The computing device of claim 1 but does not teach the LED limitations described below. Gilmore teaches the LED limitations described below
wherein the at least one performance data includes at least one of a brightness of at least one LED of the first power tool, a blink pattern of the at least one LED, or a time period that the at least one LED remains ON after releasing a trigger switch, Gilmore, Col 19 lines 60-67.
One of ordinary skill in the art at the time the invention was made applying the teachings of Chen, as modified, namely remotely configuring power tool settings, to the teachings of Gilmore, namely specifying LED blinking patterns, would achieve an expected and predictable result combining said elements using known methods for indicating power tool status. One of ordinary skill in the art adapting the LED settings via the portable computer of Chen, as modified, for remotely configuring a power tool, would realize an improved invention via assisting a user visually of the power tool status. Gilmore is reasonably pertinent to a problem of informing a user on connection status and would provide a benefit of improving usability as described.
Claim 4 is rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Chen et al. (USPN 7640007) in view over Page et al. (USPN 7324462) in view over Mashiko et al. (WO2012160799) in view over Pilchowski (USPN 6418829).
Claim 4.
Chen teaches the computing device of claim 1 but does not teach the guard limitations described below. Pilchowski teaches the guard limitations described below.
wherein the processor is configured to limit a power output of the first power tool if a side handle or an on-tool guard is not detected (ABSTRACT)
One of ordinary skill in the art at the time the invention was made applying the teachings of Chen, as modified, namely remotely controlling and monitoring power tools, to the teachings of Pilchowski, namely disabling a power tool when a protective guard is not in place, would achieve an expected and predictable result via combining said elements using known methods.
Claim 7 is rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Chen et al. (USPN 7640007) in view over Page et al. (USPN 7324462) in view over Mashiko et al. (WO2012160799) in view over Trandal (USPN 8694501)
Claim 7. The computing device of claim 6 but does not expressly teach the limitations described below. wherein the processor is further configured to: receive a first user input modifying at least one of the identifying name or the picture icon from the display; and transmit a modified data associated with the identifying name or the picture icon to the first power tool (supra claim 1 for receiving at least an identifying name and remotely updating power tool parameters, see Trandal for modifying a name, col 4 lines 20-25)
One of ordinary skill in the art at the time the invention was made applying the teachings of Chen as modified, namely display a list of discovered devices, selecting a device for configuration, and transmitting new parameters to a power tool, to the teachings of Trandal, namely graphically modifying a device name, would achieve an expected and predictable result via configuring a device with a modified name. Trandal is reasonably pertinent to a problem of updating and designating new power tools with specific identifiers and would commend itself to remotely configuring a power tool.
Claim 8 is rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Chen et al. (USPN 7640007) in view over Page et al. (USPN 7324462) in view over Mashiko et al. (WO2012160799) in view over Francis (PG/PUB 20060234617).
Claims 8. The computing device of claim 1 but does not expressly teach the accessory limitations described below. Francis teaches the accessory limitations described below
wherein the processor is further configured to: determine an identity of an accessory associated with the first power tool (Francis, ABSTRACT, Figure 2- S140; modify the at least one performance data according to the identity of the accessory; and transmit the modified at least one performance data to the at least one power tool, supra claim 1 for remotely configuring power tool parameters)
One of ordinary skill in the art at the time the invention was made applying the teachings of Chen, as modified, namely retrieving power tool configuration data and sending a modified parameters for controlling the power tool, to the teachings of Francis, namely obtaining power tool accessory and associated settings, would achieve an expected and predictable result of remotely configuring power tool accessories.
Claim 9 is rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Chen et al. (USPN 7640007) in view over Page et al. (USPN 7324462) in view over Mashiko et al. (WO2012160799) in view over Francis (PG/PUB 20060234617) in view over Brown (PG/PUB 20060155582)
Claim 9. The computing device of claim 8, wherein the processor is further configured to: determine an identity or a type of a workpiece associated with the first power tool; modify the at least one performance data according to the identity or the type of the workpiece; and transmit the modified at least one performance data to the at least one power tool (Brown, 0056 for identifying workpiece, supra claim 1 for remotely configuring power tool settings)
One of ordinary skill in the art at the time the invention was made applying the teachings of Chen, as modified, namely retrieving power tool configuration data and sending a modified parameters for controlling the power tool, to the teachings of Brown, namely obtaining workpiece identifiers for custom tool settings, would achieve an expected and predictable result of remotely customizing power tool settings based on workpiece properties.
Claim 10 is rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Chen et al. (USPN 7640007) in view over Page et al. (USPN 7324462) in view over Mashiko et al. (WO2012160799) in view over Doshi et al. (USPN 7457262).
Claim 10.
Chen teaches the computing device of claim 1 but does not teach the color limitations described below. Doshi teaches the color limitations described below.
wherein the processor is configured to cause the display to present the plurality of power tools in a first color and a second plurality of power tools that cannot be contacted or accessed by the computing device in a second color different from the first color (Doshi, ABSTRACT, Col 7 lines 53-67 thru. Col 8 lines 1-10, see multiple power tools communicating with a server, supra claim 1)
One of ordinary skill in the art at the time the invention was made applying the teachings of Doshi, namely associating different colors to indicate device available or unavailability as well as allowing an operator to configure color settings based on device states, to the teachings of Chen, as modified, maintaining communication with multiple power tools and ascertaining power tool operating settings including at least temperature and torque values, would achieve an expected and predictable result via color coding different power tools based on availability/unavailability/loading information/failure/communication issues to assist an operator in visually ascertaining the power tool’s status.
Claims 11-12, 15, and 18 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Chen et al. (USPN 7640007) in view over Page et al. (USPN 7324462) in view over Mashiko in (WO2012160799) view over Makita (PG/PUB 20200343744) .
Claim 11.
Chen, as modified, supra claim 1, but does not expressly teach the battery limitations described below. Makita teaches the battery pack limitations described below.
a computing device including a display, a wireless communication circuit, and a processor configured, wherein the processor is configured to: receive a user input to connect the computing device to a plurality of battery packs, supra claim 1 for power tool; wirelessly contact the plurality of battery packs via the wireless communication circuit; cause the display to present a listing of the plurality of battery packs, supra claim 1 for displaying tool listings; receive a user selection of a first battery pack from the listing of the plurality of battery packs from the display; supra claim 1 for selecting power tool, receive at least one performance data associated with a performance of the first battery pack[[s]] via the wireless communication circuit ,supra claim 1 for receiving power tool parameters, cause the display to present a plurality of attributes including the at least one performance data and at least one identity data associated with the first battery pack in response to the user selection of the first battery pack, supra claim 1 for displaying power tool model and parameters, receive a user modification input modifying the at least one performance data from the display, supra claim 1 for modifying power tool parameters; and transmit, via the wireless communication circuit, instructions to the first battery pack to modify the at least one performance data in accordance with the user modification input,
Makita teaches a plurality of battery packs, 0184; Chen, as modified, teaches a plurality of power tools with battery packs, including programming the field device (e.g. battery pacl, supra claim 1; Makita teaches an external computer for modifying received battery pack parameters, 0345, 0365, 0370-0393)
One of ordinary skill in the art at the time the invention was made applying the teachings of Chen, as modified, supra claim 1, to the teachings of Makita, namely obtaining, displaying, modifying, and transmitting battery pack parameters, would achieve an expected and predictable result of remotely configuring battery pack parameters. Makita is in the same field of endeavor and reasonably pertinent to provisioning batter parameters similar to provisioning power tool parameters because of the dependencies between the power tool and attached battery pack, namely the implementation of a speed and torque parameter is associated with the ability of battery pack to enable operation. Makita expressly teaches controlling a battery pack based on received parameters , 0026, 0127, 0129, and accordingly, applying the combined teachings of Chen, as modified (e.g. communicating with tool, obtaining parameters, displaying parameters, modifying parameters, and programming the parameters within the tool), when applied to the battery pack of Makita, provides an expected and predictable result of programming a battery pack that is controlled using the programmed parameters.
Chen, as modified, teaches:
wherein the first battery pack is controlled based on the modified at lest one performance data (above, see Chen, as modified, and in further view over Makita)
Claim 12. The computing device of claim 11, wherein the at least one performance data includes at least one of a state of full charge, announcement settings related to a full charge or discharge, announcement settings related to temperature of the first battery pack, enabling or disabling of the first battery pack, or conditions settings under which the first battery pack is enabled or disabled, Makita, 0025-0030, 0345, 0365, 0370-0393,
Claim 15. The computing device of claim 11, wherein the at least one identity data comprises at least one of an identifying name or a picture icon (0044, 0138)
Claim 18. Chen, as modified, supra claim 11, teaches a system comprising: a plurality of power tools at least one power tool; at least one battery pack; and a computing device including a display, a wireless communication circuit, and a processor, wherein the processor is configured to: wirelessly contact the at least one power tool and the at least one battery pack via the wireless communication circuit; cause the display to present a listing of the at least one power tool and the at least one battery pack; receive a user selection of a device from the listing of the at least one power tool and the at least one battery pack; receive at least one performance data associated with a performance of the a first power tool or the a first battery pack via the wireless communication circuit; cause the display to present a plurality of attributes including the at least one performance data and at least one identity data associated with the first power tool or the first battery pack in response to the user selection of the first power tool or the first battery pack; receive a user input modifying the at least one performance data from the display; and transmit, via the wireless communication circuit, instructions to the first power tool or to the first battery pack to modify the at least one performance data in accordance with the user modification input, wherein the first power tool is controlled based on the modified at least one performance data.
Claim 18 is rejected under the same prior art and rationales set forth in claims 1 and 11
Claims 13 and 17 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Chen et al. (USPN 7640007) in view over Page et al. (USPN 7324462) in view over Mashiko in (WO2012160799) view over Makita (PG/PUB 20200343744)
Claim 13. The computing device of claim 12 but does not expressly teach the disable limitations described below. Sonobe teaches the disable limitations described below, wherein the conditions settings under which the first battery pack is disabled include a predetermined number of charge cycles, a predetermined time period, or a number of uses (0345, 0365, 0370-0393, see Sonobe, Col 1 lines 53-67 e.g. see cycle condition for controlling a battery)
One of ordinary skill in the art before the effective filing date of the claimed invention applying the teachings of Sonobe, namely disabling based on cycle conditions, to the teachings of Chen, as modified, namely setting battery pack parameters, would achieve an expected and predictable result via combining said elements using known methods to prolong battery life.
Claim 17. The computing device of claim 11 but does not teach the sound limitations described below. Sonobe teaches the sound limitations described below
, wherein the processor is further configured to: send a locate signal to the first power tool battery pack via the wireless communication circuit, causing the first power tool battery pack to emit a sound to assist in identifying its a location of the first battery pack ((Sonobe, 0066 e.g. see sending signal to device to emit audible))
One of ordinary skill in the art at the time the invention was made applying the teachings of Sonobe, namely assisting a user to locate a tool via sound, to the teachings of Chen, as modified, namely remotely communicating with a power tool, would achieve an expected and predictable result via combining said elements using known methods.
Claim 14 is rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Chen et al. (USPN 7640007) in view over Page et al. (USPN 7324462) in view over Mashiko in (WO2012160799) view over Makita (PG/PUB 20200343744) in view over Zeiler (PG/PUB 20130109375) in view over Sonobe
Chen, as modified, teaches the computing device of claim 11 but does not teach accept limitations described below. Zeiler teaches the accept limitations and Zeiler teaches the vicinity limitations described below.
wherein the at least one performance data includes include the battery pack being configured to provide power or accept charging power when it is within a vicinity of the computing device (Zeiler, 0083 e.g. see enabling or disabling a power tool based on location, and see Sonobe as enabling or disabling charging based on conditions, supra claims 11-13)
One of ordinary skill in the art at the time the invention was made applying the teachings of Chen, as modified, namely obtaining battery parameters for remotely battery operation, to the teachings of Sonobe, namely disabling a battery or enabling a battery pack based upon sensed conditions, to the teachings of Zeiler, namely enabling a power tool with battery based on location, would achieve an expected and predictable result of adapting a battery condition to include location data for enabling the battery to accept charge.
Claim 16 is rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Chen et al. (USPN 7640007) in view over Page et al. (USPN 7324462) in view over Mashiko in (WO2012160799) view over Makita (PG/PUB 20200343744) in view over Lacender (USPN 9641002)
Claim 16.
Brown, as modified, teaches the computing device of claim 15 but does not teach the name limitations described below. Lavender teaches the battery name limitations described below
wherein the processor is configured to receive a user input modifying at least one of the identifying name or the picture icon from the display, and transmit a modified data associated with the identifying name or the picture icon to the first battery pack ( see Lavender for user modifying battery name, Col 3 lines 1-5, supra claim 11 for modifying battery attributes)
One of ordinary skill in the art at the time the invention was made applying the teachings of Chen, as modified, namely display a list of discovered devices, selecting a device for configuration, modifying parameter, and downloading to battery memory, to the teachings of Lavender namely graphically modifying a battery device name, would achieve an expected and predictable result via configuring a battery with an identifier.
Claim 17 is rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Chen et al. (USPN 7640007) in view over Page et al. (USPN 7324462) in view over Mashiko in (WO2012160799) view over Makita (PG/PUB 20200343744) in view over Zeiler (PG/PUB 20130109375)
Claim 17.
Chen, as modified, teaches the computing device of claim 11 but does not teach the sound limitation described below. Zeiler teaches the sound limitation described below
wherein the processor is configured to send a locate signal to the first power tool via the wireless communication circuit, causing the first power tool to emit a sound to assist in identifying its location (Zeiler, 0131-0134)
One of ordinary skill in the art at the time the invention was made applying the teachings of Zieler for controlling a power tool to emit a noise to the teachings Chen, as modified, namely remotely controlling a power tool, would achieve an expected and predictable result via combining said elements using known methods.
Claim 21 is rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Chen et al. (USPN 7640007) in view over Page et al. (USPN 7324462) in view over Mashiko et al. (WO2012160799) in view over Suda (PG/PUB 20120169256)
Claim 21. The computing device of claim 1, but does not expressly teach the maximum motor speed limitations described below. Chen et al., as modified by Mashiko, teaches obtaining a power tool profile, the profile comprising power tool modes, and an operator modifying parameters of the mode, supra Chen for adapting parameters for a tool. Suda et al. teaches a selecting a power tool profile including an operating mode for adjusting the maximum motor speed described below
wherein the working parameter includes a maximum motor speed of the power tool, and wherein programming the power tool to adjust the working parameter comprises programming the power tool to adjust the maximum motor speed based on the second profile (Suda, 0046-49 e.g. “As for the basic control as one of the motor control methods, one type of the basic control may be provided, or a plurality of types of the basic controls which differ in the maximum rotation speed may be provided. In either case, it is preferable that the electric power tool of the present invention further includes a maximum rotation speed setting changing unit that is used for at least one type of the basic controls and that can change the maximum rotation speed to one of a plurality of different values by user operation. The motor control unit, when the control method is set in the basic control in which the maximum rotation speed setting changing unit is used, performs the basic control based on the maximum rotation speed set by the maximum rotation speed setting changing unit (i.e., rotates the motor at the rotation speed corresponding to the manipulated variable of the manipulation input receiving unit within a range up to the maximum rotation speed.”)
One of ordinary skill in the art at the time the invention was made applying the teachings o Suda, namely an operator adjusting a maximum speed of a power tool based on a mode selection, to the teachings of Chen, as modified, namely remotely programming power tool settings based in part on customizing operating modes, would achieve an expected and predictable result of remotely configuring the maximum speed of the power tool via selecting a desired operating mode for implementation by the power tool. Suda is in the same field of endeavor and pertinent to a problem of controlling power tool speed.
Claims 22-23 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Chen et al. (USPB 7640007) in view over Mashiko (WO2012160799, see 102e filing date of 5/21/2012 based on the WIPO English publication designating the US, MPEP 2136)) in view over Knight (PG/PUB 20130187587)
Claim 22. The computing device of claim 5 but does not teach the rotation limitation limitations described below. Knight teaches the rotation limitations described below
wherein the first user input is associated with enabling or disabling a direction of rotation of the power tool (Knight 0029-30 e.g. “ For example, the program may provide instructions for the motor 22 to turn in a first direction for a predetermined revolution, and then reverse to a second direction for second predetermined revolution. For example, in one pattern, the tool 14 may proceed forward for a complete revolution before reversing for a partial revolution to break chips of material that are oftentimes associated with tool drilling, and repeat the process until the hole is tapped to a desired depth.”)
One of ordinary skill in the art at the time the invention was made applying the teachings o Knight, namely providing a program for controlling a mode of operation of adjusting a working parameter of the power tool, to the teachings of Chen, as modified, namely remotely programming power tool settings based in part on customizing operating modes including settings and parameter used to control power tool performance, would achieve an expected and predictable result of remotely programming an operating mode of a power tool to automatically enable and disable power tool directional motion. Knight is in the same field of endeavor and reasonably pertinent to adjusting working parameters of a power tool based on initiating a mode of operation.
Claim 23. The computing device of claim 5 but does not teach the reverse mode limitations described below. Knight teaches the revere mode limitations described below
wherein the first user input is associated with enabling or disabling a reverse mode of operation of the power tool (Knight 0029-30 e.g. “ For example, the program may provide instructions for the motor 22 to turn in a first direction for a predetermined revolution, and then reverse to a second direction for second predetermined revolution. For example, in one pattern, the tool 14 may proceed forward for a complete revolution before reversing for a partial revolution to break chips of material that are oftentimes associated with tool drilling, and repeat the process until the hole is tapped to a desired depth.”)
One of ordinary skill in the art at the time the invention was made applying the teachings o Knight, namely providing a program for controlling a mode of operation of adjusting a working parameter of the power tool, to the teachings of Chen, as modified, namely remotely programming power tool settings based in part on customizing operating modes including settings and parameter used to control power tool performance, would achieve an expected and predictable result of remotely programming an operating mode of a power tool to automatically enable and disable power tool directional motion. Knight is in the same field of endeavor and reasonably pertinent to adjusting working parameters of a power tool based on initiating a mode of operation.
Conclusion
20090043353 e.g. see tool programming itself based on received parameters “The invention relates to a remotely programmable personal device, in particular a programmable implantable medical device, e.g., a cardiac pacemaker, a defibrillator, a cardioverter or the like. In addition, the invention relates to a system for remote programming of such a personal medical device and a method for remote programming of a programmable personal device.”
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/DARRIN D DUNN/Patent Examiner, Art Unit 2117
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