Prosecution Insights
Last updated: April 19, 2026
Application No. 18/428,024

POWER TOOL INCLUDING A CIRCUIT FOR HOLDING A THERMAL REFERENCE

Non-Final OA §112
Filed
Jan 31, 2024
Examiner
PAUL, ANTONY M
Art Unit
2846
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Milwaukee Electric Tool Corporation
OA Round
1 (Non-Final)
89%
Grant Probability
Favorable
1-2
OA Rounds
2y 4m
To Grant
99%
With Interview

Examiner Intelligence

Grants 89% — above average
89%
Career Allow Rate
560 granted / 627 resolved
+21.3% vs TC avg
Moderate +10% lift
Without
With
+9.7%
Interview Lift
resolved cases with interview
Typical timeline
2y 4m
Avg Prosecution
27 currently pending
Career history
654
Total Applications
across all art units

Statute-Specific Performance

§101
1.6%
-38.4% vs TC avg
§103
33.7%
-6.3% vs TC avg
§102
44.4%
+4.4% vs TC avg
§112
17.9%
-22.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 627 resolved cases

Office Action

§112
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 . Examiner Comment(s) A properly executed inventor's oath or declaration has not been received for the following inventor(s): Carl B. Westerby Sam L. Bertz (See previous Miscellaneous communication dated 02/15/2024). DRAWINGS The drawings are objected to under 37 CFR 1.83(a) because they fail to show in (FIGS.1-9, SEE CLAIM 15), MEMORY 460 (fig.3) INCLUDING A MODEL for estimated temperature of the power tool, Cauer thermal network circuit relative to said MODEL (see Spec., para’s [0051] thru [0053], pages 16-17), accumulator bucket stored in memory 460 for proper understanding of the invention. Any structural detail that is essential for a proper understanding of the disclosed invention should be shown in the drawing. MPEP § 608.02(d). Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance. Objection to Specification The disclosure is objected to because of the following informalities: Applicant’s specification, teaches MEMORY 460 (fig.3) INCLUDING A MODEL for estimated temperature of the power tool (SEE CLAIM 15), Cauer thermal network circuit relative to said MODEL (see Spec., para’s [0051] thru [0053], pages 16-17), accumulator bucket relative to said MODEL stored in memory 460. However, there is no teaching of Model or Cauer thermal network circuit or accumulator bucket relative to said MODEL for calculating the estimated temperature of the power tool and updates the initial conditions (what are the initial conditions?) of the model for proper understanding of the invention. Appropriate corrections and clarifications required. 5. Claim Rejections – 35 USC § 112 The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claims 1-20 are rejected due to unclear subject-matter. As to claims 1-7, and claims 8-14, the inventive concept (see spec., para. [0043] & fig.9) controller 400 determines the temperature of the power tool 10 based on an initial voltage stored in the circuitry 410 and a model of a component of the power tool 10, which is missing. The limitations of steps 1005, 1010, 1015, 1020, 1025 (fig.9) relative to model are missing and then step 1030, 1035 are to be followed to control the power tool based on the voltage of the capacitor of the RC circuit arrangement and a temperature threshold. Appropriate corrections are required. As to claim 15, the phrase, “MEMORY INCLUDING A MODEL for estimated temperature of the power tool” and the phrase, “UPDATE A STATE OF THE MODEL” is not clear. There is no teaching of the Model or Cauer thermal network circuit and accumulator bucket relative to said MODEL (see Spec., para’s [0051] thru [0053], pages 16-17) for the estimated temperature of the power tool and specification teaches updates the initial conditions (what are the initial conditions meant by?) of the model (see Objection to Specification) for proper understanding of the invention. Appropriate corrections and clarification required. 7. Allowable Subject-matter Claims 1-20 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action. The following is a statement of reasons for the indication of allowable subject matter: As to claim 1, (closest prior art, Brotto, Patent. No., US 5,874,825) teaches (figs.1-5, abstract, (col.3, lines 10-29, 66-67), (col.4, lines 1-14 42-48)) a power tool [a battery charger] comprising: a battery pack 12 (see fig.2, used in power tools, see (col.4, lines 42-48)); an electrical circuit 10 (fig.2) including a resistor-capacitor ("RC") circuit arrangement 28 configured to store a voltage on a capacitor [CLogA/D] of the RC circuit arrangement 28, wherein the voltage [A/D voltage] (see fig.4, (col.6, lines 47-67) and (col.7, lines 14-67)) is proportional to a temperature [C] of the power tool [battery charger]; and an electronic controller 14, connected to the electrical circuit 10, including an electronic processor [microprocessor] (fig.2, (col. 5, lines 17-46) , the electronic controller 14 configured to: control a voltage, from the battery pack 12, applied to the RC circuit arrangement 28 (see fig.2, (col.5, lines 45-56), (col.7, lines 14-18)). Brotto invention teaches accurate battery temperature monitoring, prevents battery packs from being damaged and thus prolongs their service life (col.1, lines 10-27), (col.3, lines 55-63)). However as to claim 1, Brotto fails to teach a memory, the electronic controller configured to: determine, in response to determining a power off event of the power tool has ended, the temperature of the power tool based on the voltage of the capacitor of the RC circuit arrangement, and control the power tool based on the voltage of the capacitor of the RC circuit arrangement and a temperature threshold. Claims 2-7 depend on allowable claim 1. As to claim 8, (closest prior art, Brotto, Patent. No., US 5,874,825) teaches (figs.1-5, abstract, (col.3, lines 10-29, 66-67), (col.4, lines 1-14 42-48)) a power tool [a battery charger] comprising: receiving voltage from a battery pack 12 (see fig.2, used in power tools, see (col.4, lines 42-48)); an electrical circuit 10 (fig.2) including a resistor-capacitor ("RC") circuit arrangement 28 configured to store a voltage on a capacitor [CLogA/D] of the RC circuit arrangement 28, wherein the voltage [A/D voltage] (see fig.4, (col.6, lines 47-67) and (col.7, lines 14-67)) is proportional to a temperature [C] of the power tool [battery charger]; and an electronic controller 14, connected to the electrical circuit 10, including an electronic processor [microprocessor] (fig.2, (col. 5, lines 17-46) , the electronic controller 14 configured to: control a voltage, from the battery pack 12, applied to the RC circuit arrangement 28 (see fig.2, (col.5, lines 45-56), (col.7, lines 14-18)). Brotto invention teaches accurate battery temperature monitoring, prevents battery packs from being damaged and thus prolongs their service life (col.1, lines 10-27), (col.3, lines 55-63)). However, as to claim 8, Brotto fails to teach a method for maintaining thermal information of a power tool during a power off event, the method comprising: determining, by the electronic controller and in response to determining the power off event of the power tool has ended, the temperature of the power tool based on the voltage of the capacitor of the RC circuit arrangement; and controlling the power tool based on the voltage of the capacitor of the RC circuit arrangement and a temperature threshold. Claims 9-14 depend on allowable claim 8. As to claim 15, (closest prior art, Brotto, Patent. No., US 5,874,825) teaches (figs.1-5, abstract, (col.3, lines 10-29, 66-67), (col.4, lines 1-14 42-48)) a battery charger temperature monitoring system (fig.2) comprising: a battery pack 12 (see fig.2, used in power tools, see (col.4, lines 42-48)); an electrical circuit 10 (fig.2) including a resistor-capacitor ("RC") circuit arrangement 28 configured to store a voltage on a capacitor [CLogA/D] of the RC circuit arrangement 28, wherein the voltage [A/D voltage] (see fig.4, (col.6, lines 47-67) and (col.7, lines 14-67)) is proportional to a temperature [C] of the power tool [battery charger]; and an electronic controller 14, connected to the electrical circuit 10, including an electronic processor [microprocessor] (fig.2, (col. 5, lines 17-46), the electronic controller 14 configured to: control a voltage, from the battery pack 12, applied to the RC circuit arrangement 28 (see fig.2, (col.5, lines 45-56), (col.7, lines 14-18)). Brotto also teaches (see (col.8, lines 44-67), (col.9, lines 1-12)) a model (via equation that provides a suitable transfer function to provide a model, for accurately estimating battery temperature. Brotto invention teaches accurate battery temperature monitoring, prevents battery packs from being damaged and thus prolongs their service life (col.1, lines 10-27), (col.3, lines 55-63)). However, as to claim 15, Brotto fails to teach a system for maintaining thermal information of a power tool during a power off event, the system comprising: the memory including a model for an estimated temperature of the power tool, update a state of the model based on the first voltage of the capacitor of the RC circuit arrangement, determine, in response to determining the power off event of the power tool ended, a second voltage of the RC circuit arrangement, determine a second estimated temperature of the power tool based on the second voltage of the capacitor of the RC circuit arrangement, and control operation of the power tool based on the second estimated temperature of the power tool and a temperature threshold value. However, Formal requirements outstanding -Objection to drawings and specification and Claims 1-20 are rejected because of unclear subject-matter (see Claim Rejections – 35 USC § 112). Appropriate corrections and clarifications are required. 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). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANTONY M PAUL whose telephone number is (571)270-1608. The examiner can normally be reached M-F 8 am to 4 pm. 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, Mr. Eduardo Colon Santana can be reached at 571-272-2060. 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. /ANTONY M PAUL/ Primary Examiner of Art Unit 2846 02/13/2026
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Prosecution Timeline

Jan 31, 2024
Application Filed
Jan 08, 2026
Non-Final Rejection — §112 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
89%
Grant Probability
99%
With Interview (+9.7%)
2y 4m
Median Time to Grant
Low
PTA Risk
Based on 627 resolved cases by this examiner. Grant probability derived from career allow rate.

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