Prosecution Insights
Last updated: October 02, 2026
Application No. 18/469,902

GARDEN TOOL AND PARALLEL POSITION SENSING SYSTEM

Final Rejection §103
Filed
Sep 19, 2023
Priority
Sep 20, 2022 — provisional 63/408,432
Examiner
DONG, LIANG
Art Unit
3724
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
MILWAUKEE ELECTRIC TOOL Corporation
OA Round
4 (Final)
53%
Grant Probability
Moderate
5-6
OA Rounds
0m
Est. Remaining
86%
With Interview

Examiner Intelligence

Grants 53% of resolved cases
53%
Career Allowance Rate
268 granted / 504 resolved
-16.8% vs TC avg
Strong +33% interview lift
Without
With
+32.9%
Interview Lift
resolved cases with interview
Typical timeline
2y 11m
Avg Prosecution
66 currently pending
Career history
575
Total Applications
across all art units

Statute-Specific Performance

§101
0.2%
-39.8% vs TC avg
§103
52.8%
+12.8% vs TC avg
§102
18.8%
-21.2% vs TC avg
§112
26.8%
-13.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 504 resolved cases

Office Action

§103
DETAILED ACTION Response to Amendment The Amendment filed 2/17/2026 has been entered. Claims 21-40 remain pending in the application. Claims 1-20 were cancelled. 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. Claims 21-40 are rejected under 35 U.S.C. 103 as being unpatentable over Pellenc (US 20110185579 A1) in view of Suda (US 20170036359 A1). Regarding claim 21, Pellenc teaches a garden tool, comprising: a shaft (housing of 1) extending along a linear direction (see Figure 5); a blade position sensing system (assembly of 13 and 14), the system comprising: a magnet (13) integrated to a driveshaft (assembly of 8 and 10), the driveshaft operably coupled to the motor to selectively rotate the driveshaft (paragraph 0064, see Figure 5), wherein a stationary outer sleeve (portion of 1 without trigger, see Figure 5) includes a slot (slot for 14, see Figure 5) extending along the linear direction, the stationary outer sleeve surrounding the magnet at the slot (see Figure 5), the stationary outer sleeve surrounding the threaded portion of the driveshaft (thread with in 8 for threads on 9) such that rotation of the driveshaft causes linear translation of the magnet on a threaded portion of the driveshaft and along the slot at the stationary outer sleeve (See Figures 6-9); and a proximity sensor (14) affixed to the stationary outer sleeve is one part with the second end of the shaft (see Figure 6-9) and positioned over the slot of the stationary outer sleeve in magnetic communication with the magnet integrated to the driveshaft over the threaded portion (paragraph 0067 and 0069), wherein a change in distance between the proximity sensor and the driveshaft changes an output voltage by the proximity sensor (paragraph 0067 and 0069, see Figures 6-9). Pellenc fails to teach a stationary outer sleeve is coupled to the second end of the shaft, a power supply configured to provide power to operate a motor, the power supply positioned proximate to a first end of the shaft and configured to selectively transmit energy to a motor shaft to articulate a blade assembly positioned proximate to a second end of the shaft distal to the first end. Regarding the limitation of “a stationary outer sleeve is coupled to the second end of the shaft”, since the Pellenc teaches the stationary outer sleeve is one part with the second end of the shaft (the housing 1, see Figure 6-9). It would have been obvious to one of ordinary skill in the art to modify the device of Pellenc to make a integral housing into two part, such that a stationary outer sleeve is coupled to the second end of the shaft. Since the courts have held that making separable parts of an invention involves only routine skill in the art, absent any showing of unexpected results. MPEP 2144.05 V. C. Suda teaches a cutting tool including a power supply (120) configured to provide power to operate a motor, the power supply positioned proximate to a first end of the shaft and configured to selectively transmit energy to a motor shaft to articulate a blade assembly positioned proximate to a second end of the shaft distal to the first end (paragraph 0043). It would have been obvious to one of ordinary skill in the art to modify the device of Pellenc to added a power supply, as taught by Suda, in order to power the cutting tool (paragraph 0049 of Suda). Regarding claim 22, modified Pellenc further teaches a controller (6) configured to receive a signal corresponding to the output voltage from the proximity sensor, the controller configured to selectively discontinue transmission of energy from the power supply to the motor based on the signal corresponding to the output voltage (paragraphs 0012, 0060 and 0069-0070 of Pellenc and paragraph 0049 of Suda). Regarding claim 23, modified Pellenc further teaches the proximity sensor is operably coupled to the controller and comprising an upper limit and a lower limit corresponding to linear limits of translation of the driveshaft (paragraph 0012 and 0069-0070 of Pellenc). Regarding claim 24, modified Pellenc further teaches the upper limit and the lower limit correspond to an open position and a closed position of the blade assembly (see Figures 6-9 Pellenc). Regarding claim 25, modified Pellenc further teaches the proximity sensor comprises a Hall effect sensor (paragraph 0012 and 0069-0070 of Pellenc). Regarding claim 26, modified Pellenc further teaches the proximity sensor is mechanically decoupled from direct connection to the driveshaft (see Figures 6-9 Pellenc). Regarding claim 27, modified Pellenc further teaches a threaded shaft (9) about which the driveshaft rotates, the threaded shaft and the driveshaft together comprising a threaded interface forming complimentary threads corresponding to one another (inside 8 and outside of 9, see Figure 7 of Pellenc). Regarding claim 28, modified Pellenc further teaches the threaded shaft comprises a threaded lead screw (left tip of 9), wherein rotation of the driveshaft along the linear direction moves the driveshaft parallel to the threaded lead screw (see Figures 6-9 of Pellenc). Regarding claim 29, modified Pellenc further teaches the driveshaft is coupled to a moveable blade of the blade assembly (see Figures 6-9 of Pellenc). Regarding claim 30, modified Pellenc further teaches the stationary outer sleeve radially surrounds the driveshaft at the threaded shaft, and wherein the magnet is positioned radially over the threaded shaft and radially within the proximity sensor and the stationary outer sleeve surrounding the threaded shaft (over thread shaft 9, see Figures 6-9 of Pellenc). Regarding claim 31, modified Pellenc further teaches the proximity sensor and the magnet comprise a limit system positioned in line with the driveshaft (shape of the housing, see Figures 6-9 of Pellenc). Regarding claim 32, modified Pellenc further teaches the limit system is positioned in line with a transmission system operably coupled to the driveshaft and the motor, wherein the stationary outer sleeve extends along the linear direction from the motor and the transmission system (paragraph 0008, see Figures 6-9 of Pellenc). Regarding claim 33, modified Pellenc further teaches the shaft extends along the linear direction between the power supply and a trigger positioned at the first end of the shaft and the blade assembly positioned at the second end of the shaft (see Figures 3-4 and 6-9 of Pellenc). Regarding claim 34, modified Pellenc further teaches the proximity sensor comprises a Hall effect sensor, and wherein the proximity sensor and the magnet are positioned along the linear direction between the first end of the shaft and the second end of the shaft (paragraph 0012 and 0069-0070 of Pellenc). Regarding claim 35, modified Pellenc further teaches the magnet is positioned on the threaded portion of the driveshaft and within the slot at the stationary outer sleeve (see Figures 6-9 of Pellenc). Regarding claim 36, modified Pellenc further teaches a transmission system operably coupled to the driveshaft and the motor, wherein the stationary outer sleeve extends along the linear direction from the motor and the transmission system (paragraph 0008, see Figures 6-9 of Pellenc). Regarding claim 37, modified Pellenc further teaches the driveshaft is coupled to a moveable blade of the blade assembly (see Figures 6-9 of Pellenc). Regarding claim 38, modified Pellenc further teaches the proximity sensor is positioned radially adjacent to the threaded portion of the driveshaft and the slot of the stationary outer sleeve such that a radial gap is formed between the proximity sensor and the driveshaft at which the magnet is integrated (see Figures 6-9 of Pellenc).. Regarding claim 39, modified Pellenc further teaches the garden tool comprises a lopper (as the tool of Pellenc can cut roots around the tree, therefore meeting the limitation of Lopper). Regarding claim 40, modified Pellenc further teaches the garden tool comprises a pruner (as the tool of Pellenc can cut branches, therefore meeting the limitation of pruner). Response to Arguments Applicant's arguments 6/23/2026 have been fully considered but they are not persuasive. In response to applicant's argument that Pellenc fails to teach a stationary outer sleeve is coupled to the second end of the shaft. The examiner agrees, however, since Pellenc teaches the stationary outer sleeve is one part with the second end of the shaft (the housing 1, see Figure 6-9). It would have been obvious to one of ordinary skill in the art to modify the device of Pellenc to make an integral housing into two part, such that a stationary outer sleeve is coupled to the second end of the shaft. Since the courts have held that making separable parts of an invention involves only routine skill in the art, absent any showing of unexpected results. MPEP 2144.05 V. C. Conclusion 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. Any inquiry concerning this communication or earlier communications from the examiner should be directed to LIANG DONG whose telephone number is (571)270-0479. The examiner can normally be reached Monday - Thursday 8 AM-6 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, Ashley Boyer can be reached at 571-272-4502. 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. /LIANG DONG/Examiner, Art Unit 3724 8/20/2026
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Prosecution Timeline

Show 5 earlier events
Sep 02, 2025
Response Filed
Nov 18, 2025
Final Rejection mailed — §103
Jan 14, 2026
Response after Non-Final Action
Feb 17, 2026
Request for Continued Examination
Mar 09, 2026
Response after Non-Final Action
Mar 23, 2026
Non-Final Rejection mailed — §103
Jun 23, 2026
Response Filed
Aug 25, 2026
Final Rejection mailed — §103 (current)

Precedent Cases

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

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Prosecution Projections

5-6
Expected OA Rounds
53%
Grant Probability
86%
With Interview (+32.9%)
2y 11m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 504 resolved cases by this examiner. Grant probability derived from career allowance rate.

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