Prosecution Insights
Last updated: April 19, 2026
Application No. 18/241,691

TECHNIQUE FOR TIGHTENING FASTENERS WITH ELECTRIC POWER TOOL

Non-Final OA §102§103
Filed
Sep 01, 2023
Examiner
LONG, ROBERT FRANKLIN
Art Unit
3731
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Makita Corporation
OA Round
1 (Non-Final)
72%
Grant Probability
Favorable
1-2
OA Rounds
3y 4m
To Grant
93%
With Interview

Examiner Intelligence

Grants 72% — above average
72%
Career Allow Rate
782 granted / 1094 resolved
+1.5% vs TC avg
Strong +21% interview lift
Without
With
+21.4%
Interview Lift
resolved cases with interview
Typical timeline
3y 4m
Avg Prosecution
74 currently pending
Career history
1168
Total Applications
across all art units

Statute-Specific Performance

§101
0.2%
-39.8% vs TC avg
§103
36.4%
-3.6% vs TC avg
§102
32.3%
-7.7% vs TC avg
§112
20.5%
-19.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1094 resolved cases

Office Action

§102 §103
DETAILED ACTION 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 . Election/Restrictions Applicant’s election without traverse of Group I, Claims 1-18, in the reply filed on 01/12/2026 is acknowledged. Claim 19 is withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 01/12/2026. Claim Rejections - 35 USC § 102 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 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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – (a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claim(s) 1, 3-4, 6, and 15-18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by HITA et al. (US 20180185993 A1). Regarding claim 1, HITA et al. discloses an electric power tool (1) comprising: an output shaft (i) including a tip tool or (ii) configured to be detachably attached to the tip tool, the tip tool being configured to detachably engage with fasteners (shaft 18, tool 12); a motor configured to rotationally drive the output shaft (electric motor [0032]); a manual switch configured to be manually operated by a user of the electric power tool for driving the motor (starting switch – bit 12 pressed against screw [0033]); a memory device (30, [0034], fig. 2) configured to store two or more sets of job information, the two or more sets of job information being associated with respective two or more tightening operations of the fasteners, each of the two or more sets of job information including at least one operation setting of the motor for performing an associated tightening operation (sequentially tightening activation of screw task for different screws a, b, c, with different process/job/task for each type of screw a, b, c, [0034-0040], figs. 1-3); a first circuit (control circuit, [0034], figs. 1 and 6) configured (i) to receive one set of job information and (ii) to drive the motor in accordance with the at least one operation setting included in the one set of job information based on the manual switch being or having been manually operated ([0034], figs. 1 and 6), the one set of job information corresponding to one of the two or more sets of job information stored in the memory device [0034-0040, 0053-0055]; and a second circuit (operation display unit 16 and/or signal input-output unit 38 connects to external device/remote or controller 100 with computing circuit [0055-0060], fig. 6 shows second circuit/controller 100) (i) distinct from the first circuit and (ii) configured to output a next set of job information in the two or more sets of job information from the memory device to the first circuit based on the first circuit having completed driving the motor, the next set of job information being associated with a next tightening operation in the two or more tightening operations (signal input-output unit 38 connects to external device/remote or controller 100 with computing circuit to input and output job data/information [0055-0060], figs. 1-6). HITA et al. states: “driving setting parameters appropriate for screws a are stored in advance as a parameter group A [0039]…predetermined order of application of parameter groups to be set in advance. For example, for a working process in which screws a, screws b, and screws c are to be sequentially tightened, it is set in advance such that the parameter groups A, B and C will be applied in the order mentioned. Consequently, the parameter group A is applied at the time of starting a screw tightening operation. When tightening of screws a has been properly completed under the setting of the parameter group A, the parameter group B is automatically applied subsequently… order parameter groups should be applied can be set at will. It is also possible to previously store a plurality of patterns each indicating an order of application of such parameter groups” [0040]. Regarding claims 3-4 and 6, HITA et al. discloses the set of sequence information includes two or more parameters associated with the respective two or more sets of job information (torque threshold, screw tightening upper-limit time, and the rotational speed for each type of screws), each of the two or more parameters defining a specified number of times to output an associated set of job information (counting mode); and the second circuit is configured to output the next set of job information to the first circuit in every completion of a drive of the motor by the first circuit until the second circuit completes outputs of the next set of job information for the specified number of times defined by an associated parameter, wherein the second circuit is configured to read out the next set of job information from the two or more sets of job information in an order in which each of the two or more sets of job information is stored in the memory device (predetermined order) and wherein the at least one operation setting includes a desired rotational speed of the motor, a desired tightening torque of a fastener, a desired operating time of the motor (limit times), a start-up profile of the motor [0033, 0039-0040], and/or a stop profile of the motor [0033-0040], figs. 3-5). Regarding claims 15-17, HITA et al. discloses a communicator (external device/remote or controller 100) configured to perform a wired communication or a wireless communication with an external device, wherein: the external device is distinct from the electric power tool; and the second circuit is configured (i) to receive the two or more sets of job information from the external device via the communicator and (ii) to store, in the memory device, the two or more sets of job information received wherein the second circuit includes the communicator (signal input-output unit 38 connects to external device/remote or controller 100 with computing circuit to input and output job data/information and wherein the second circuit includes the memory device (operation display unit 16 circuit has the memory feature, [0055-0060], figs. 1-6). Regarding claim 18, HITA et al. discloses a main body (10) including the motor [0032], the manual switch (14), the memory device (16/30), the first circuit, and the second circuit (operation display unit 16 and/or signal input-output unit 38 connects to external device/remote or controller 100 with computing circuit and fig. 6 shows second circuit/controller 100, [0034, 0055-0060], figs. 1-2 and 6). Claim Rejections - 35 USC § 103 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. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 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. Claim(s) 2 and 5 is/are rejected under 35 U.S.C. 103 as obvious over HITA et al. (US 20180185993 A1) in view of SASAKI (US 20240116150 A1) and further in view of HJULSTAD (US 20190178074 A1). Regarding claim 2, HITA et al. discloses the memory device is configured to store a set of sequence information; the set of sequence information designates an order in which each of the two or more sets of job information is assigned to the next set of job information (sequentially tightening activation of screw task for different screws a, b, c, with different process/job/task for each type of screw a, b, c, [0034-0040], figs. 1-3) and discloses the second circuit (signal input-output unit 38 connects to external device/remote or controller 100 with computing circuit) inputs and outputs job data/information [0055-0060], figs. 1-6). HITA et al. fails to explicitly disclose the second circuit is configured to read out the next set of job information from the two or more sets of job information in the order designated by the set of sequence information stored in the memory device. SASAKI teaches a electric tool system (100) with a electric power tool (1) with a first circuit/control unit (4) having a memory device (tool storage unit 3/CPU storage [0034-0035] and/or setting storage unit 541 [0046]) is configured to store a set of sequence information; the set of sequence information designates an order in which each of the two or more sets of job information (fastening work sessions A and B, fig. 4) is assigned to the next set of job information (driving controller 41 controls drive unit for two more job information sets - torque seating values); and a second circuit (communications device 5 and/or center device 6) is configured to read out a next set of job information from the two or more sets of job information in the order designated by the set of sequence information stored in the memory device (session-by-session basis - fastening torque values for fastening work sessions A and B with session B transmitted after session A complete ([0047-0064], figs. 1-4). SASAKI states: “extract the setting information about the first session of the fastening work from the setting storage unit 541…and extract setting information about the next session of the fastening work from the setting storage unit 541 [0047]… fastening work session B will be performed after the fastening work session A has been done [0058]…Thereafter, the communications device control unit 53 extracts, from the setting storage unit 541, setting information B0 about the fastening work session B that is the next session of the fastening work (in S11). In this embodiment, the setting information B0 is the torque target value of the fastening work session B. Thereafter, the communications device control unit 53 controls the first communications unit 51 to transmit the setting information B0 (in S12) [0061]. HJULSTAD also teaches a electric tool system (borehole drilling process, fig. 2) with drill string (drill, figs. 1-2) with a first circuit/control unit (computer network - automated drilling control -ADC [0028-0030, 0050-0051], fig. 2) having a memory device (system memory 212 [0038-0049]) is configured to store a set of sequence information (abstract [0009-0020]); the set of sequence information designates an order in which each of two or more sets of job information (above-ground batch tasks, downhole continuous drilling processes [0046, 0070, 0099-0103]) is assigned to the next set of job information (downhole process); and a second circuit (computer network - drilling control system – DCS and/or downhole drill [0028-0030, 0050-0051], fig. 2) is configured to read out a next set of job information from the two or more sets of job information in the order designated by the set of sequence information stored in the memory device (“additional steps are needed to complete the current task” [0102], claims 27-31 and claim 40). HJULSTAD states: “borehole drilling process comprising a first set of operations and a second set of operations… subsequent to an indication that the first set of operations is complete, to output at least one control signal received from an external system at the drilling control system for controlling at least one control parameter associated with the second set of operations” [0020]. Given the teachings of HITA et al. to have circuits communicating/transmitting a set of sequence information that designates an order in which each of the two or more sets of job information is assigned to the next set of job information, it 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 to modify the second circuit is configured to read out the next set of job information from the two or more sets of job information in the order designated by the set of sequence information stored in the memory device to have improved automated operation of the tool, prevent using tool in a dangerous manner (wrong mode/job information), have guided instructions for each step in a task and more precise action on a workpiece (avoid overshoot/damage to the workpiece) and/or for safety purposes (doing the jobs in correct safe order) as taught by SASAKI and HJULSTAD. Regarding claim 5, HITA et al. discloses a sensor configured (i) to detect a result of a tightening operation performed and (ii) to output a detection signal, the detection signal indicating the result of the tightening operation performed, wherein: the first circuit is configured (i) to receive the detection signal and (ii) to output, to the second circuit, the result indicated by the detection signal based on a completion of a drive of the motor (control circuit determines complete of drive motor with clutch, [0035-0038, 0045-0046]). HITA et al. fails to disclose the second circuit is configured (i) to receive the result and (ii) to store the result in the memory device. SASAKI teaches a electric tool system (100) with electric power tool (1) second circuit is configured (i) to receive a completion result (extract the setting information of different sessions) and (ii) to store the result in the memory device (session-by-session basis [0047-0064], figs. 1-4). Given the teachings of HITA et al. to have circuits communicating/transmitting a set of sequence information that designates an order in which each of the two or more sets of job information is assigned to the next set of job information and detect a result of a tightening operation, it 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 to modify the second circuit is configured (i) to receive the result and (ii) to store the result in the memory device to have improved automated operation of the tool, prevent using tool in a dangerous manner (wrong torque, speed etc.), have guided instructions based on prior stored data and/or for safety purposes (doing the jobs in correct speed/torque) as taught by SASAKI. Claim(s) 7 and 11-13 is/are rejected under 35 U.S.C. 103 as obvious over HITA et al. (US 20180185993 A1) in view of MATEI (US 20210205976 A1) and further in view of Coss et al. (US 5538423 A). Regarding claims 7 and 11-13, HITA et al. fails to discloses a first regulator associated with the first circuit; and a second regulator associated with the second circuit, a connector electrically coupling the first circuit board to the second circuit board, wherein the memory device is on the second circuit board MATEI teaches interactive smart tool (100, 200, 300, 400, 500, 600, figs. 1-8) a first regulator associated with a first circuit (main PCB 206); and a second regulator associated with a second circuit (CPU 180/power PCB 202 [0057]) and a first circuit board including the first circuit thereon (CPU 180/power PCB 202); and a second circuit board (main PCB 206 [0057]) (i) including the second circuit thereon and (ii) distinct from the first circuit board and a connector electrically coupling the first circuit board to the second circuit board, wherein a memory device (181) is on the second circuit board ([0053-0060, 0065], figs. 2-8). Coss et al. also teaches drilling system/torque wrench system (90) for drills 102A and 102B with a programmable controller 200/CPU 300 for tightening a screw having a first regulator (switching power regulator 406, abstract, col. 2, lines 28-61) associated with a first circuit (drill motor controller 310, motor driver 404); and a second regulator (voltage shifter 402) associated with a second circuit (drill selector 412) and teaches having switching regulator 506 for a pump motor and light source controller 314 with switching regulator 606 (col. 4, lines 40-65, col. 5, lines 1-29) for performing a parameter control routine (col. 25, lines 29-67, col. 26, lines 1-61, claims 1-7 and 15-17, fig. 16). Coss et al. states: “CPU 300 begins to determine a new desired drive voltage to be applied to the motor power line 470 to control the drill 102A or 102B to achieve or maintain the desired values for the rotational speed and the torque at the tool bit 150, 152, 154 or 156” (col. 26, lines 23-27). Given the teachings of HITA et al. to have circuits communicating/transmitting a set of sequence information that designates an order in which each of the two or more sets of job information is assigned to the next set of job information and determine if screw has been tightened by monitoring speed, time, counting, and torque parameters, it 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 to modify the circuits to have a first regulator associated with the first circuit; and a second regulator associated with the second circuit to have improved automated operation of the tool, conserve power from a battery power supply, have regulated voltage and/or for supplying different voltages to different electronic mechanisms on the tool as taught by MATEI and Coss et al. Claim(s) 14 is/are rejected under 35 U.S.C. 103 as obvious over HITA et al. (US 20180185993 A1) in view of ARAI (US 20200316764 A1). Regarding claim 14, HITA et al. fails to discloses the memory device includes a rewritable and non-volatile memory. ARAI teaches a similar electric power tool (100, figs. 1-2) comprising: memory device (132) includes a rewritable and non-volatile memory [0022-0023, 0025, 0031], figs. 1-2). Given the teachings of HITA et al. to have circuits communicating/transmitting a set of sequence information with sets of job and a memory device, it 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 to modify the memory device includes a rewritable and non-volatile memory to have improved automated operation of the tool, improved storage memory, have temporarily storing data means, cache memory, and/or the history of work processes and usage data for program operations, as taught by ARAI Allowable Subject Matter Claims 8-10 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. As allowable subject matter has been indicated, applicant's reply must either comply with all formal requirements or specifically traverse each requirement not complied with. See 37 CFR 1.111(b) and MPEP § 707.07(a). Reasons for Allowable Subject Matter The following is an examiner’s statement of reasons for allowance: the prior art of record fails to teach or render obvious an electric power tool comprising all the structural and functional limitations and further comprising, amongst other limitations/features, a memory device with a first circuit configured (i) to receive one set of job information and (ii) to drive the motor in accordance with the at least one operation setting included in the one set of job information based on the manual switch being or having been manually operated, the one set of job information corresponding to one of the two or more sets of job information stored in the memory device; and a second circuit (i) distinct from the first circuit and (ii) configured to output a next set of job information in the two or more sets of job information from the memory device to the first circuit based on the first circuit having completed driving the motor, the next set of job information being associated with a next tightening operation in the two or more tightening operations with a first regulator associated with the first circuit; and a second regulator associated with the second circuit wherein the first regulator is configured to generate a first voltage; and the second regulator is configured (i) to receive the first voltage from the first regulator and (ii) to generate a second voltage based on the first voltage received. Though HITA et al. (US 20180185993 A1) teaches a having two circuits to communicate a plurality of sets of job information from the memory device, it would not be obvious to modify the circuits to have “wa first regulator associated with the first circuit; and a second regulator associated with the second circuit wherein the first regulator is configured to generate a first voltage; and the second regulator is configured (i) to receive the first voltage from the first regulator and (ii) to generate a second voltage based on the first voltage received and one of ordinary skill would recognize that having the voltages communicated and regulated would require substantial hindsight modification to the circuits to have the unexpected result of efficient voltage usage and power conservation. Having the efficiency of the voltage communication provides a more effective power distribution. While various features of the claimed subject matter are found individually in the prior art, a skilled artisan would have to include knowledge gleaned only from the applicant's disclosure to combine or modify the teachings of the prior art to produce the claimed subject matter, and thus obviousness would not be proper. See In re McLaughlin, 443 F.2d 1392, 170 USPQ 209 (CCPA 1971). There is no teaching, suggestion, or motivation found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art to combine or modify the teachings of the prior art to produce the claimed invention, and thus obviousness would not be proper. 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). Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.” Conclusion Additional prior art considered pertinent: US 20200371498 A1 – “overwriting in the memory, with the electronic processor, the first mode profile with the second mode profile… and to control the motor to operate according to the second mode profile” [0004-0005] US 20160171903 A1- also teaches a electric tool system (smart workspace system 200/step panels 410-490, [0120-0123], figs. 2-4) with an electric power tool (drill, soldering iron 610, glue gun 640 [0038-0049, 0078-0079], figs. 1-7) with first circuit/control unit (augmented tool engine 236 and/or processor 202) having a memory device (system memory 212 [0038-0049]) is configured to store a set of sequence information ([0099-0103] (steps for a particular task, glasses required, attachments required and etc. [0099-0108, 01117]); and a second circuit (workspace guidance engine 232 and/or overview panel 410-“additional steps are needed to complete the current task” [0102]) and see form 892. Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT LONG whose telephone number is (571)270-3864. The examiner can normally be reached M-F, 9am-5pm, 8-9pm (EST). Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, SHELLEY SELF can be reached at (571) 272-4524. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /ROBERT F LONG/Primary Examiner, Art Unit 3731
Read full office action

Prosecution Timeline

Sep 01, 2023
Application Filed
Mar 18, 2026
Non-Final Rejection — §102, §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12600025
ERGONOMIC MANUAL DRIVER
2y 5m to grant Granted Apr 14, 2026
Patent 12576452
DRILL
2y 5m to grant Granted Mar 17, 2026
Patent 12576499
POWER ADAPTER FOR A POWERED TOOL
2y 5m to grant Granted Mar 17, 2026
Patent 12564925
GAS SPRING-POWERED FASTENER DRIVER
2y 5m to grant Granted Mar 03, 2026
Patent 12558092
END EFFECTORS, SURGICAL STAPLING DEVICES, AND METHODS OF USING SAME
2y 5m to grant Granted Feb 24, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

AI Strategy Recommendation

Get an AI-powered prosecution strategy using examiner precedents, rejection analysis, and claim mapping.
Powered by AI — typically takes 5-10 seconds

Prosecution Projections

1-2
Expected OA Rounds
72%
Grant Probability
93%
With Interview (+21.4%)
3y 4m
Median Time to Grant
Low
PTA Risk
Based on 1094 resolved cases by this examiner. Grant probability derived from career allow rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month