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 .
Claim Status
This Office action is in response to the amendments filed 2/17/2026. Claims 1, 3-10, 12-19, and 21-23 are currently pending. Claims 1, 10, 15, and 21-23 have been amended. Claims 2, 11, and 20 have been previously canceled.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1, 3-10, 12-19, and 21-23 have been rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Regarding claim 1, the limitation “calculate if the load of the motor is increasing toward the electronic clutch threshold or decreasing away from the electronic clutch threshold” (emphasis added) comprises new matter not previously disclosed by the specification as originally filed. Paragraph 0043 of applicant’s written description discusses calculating the load of the motor. However, this paragraph simply discloses that the load of the motor is calculated to determine if the load is increasing or decreasing and then compare the load to a threshold. However, this is different than calculating if the load of the motor is increasing toward or decreasing away from the electronic clutch threshold. Paragraph 0043 also discusses that the tool may provide an indication that the load is nearing a threshold. However, this is also different since providing an indication is different that calculating if the load is increasing toward or decreasing away from the threshold. Finally, it is noted that paragraph 0043 discloses “The controller 200 may also use the speed of the motor 105 and the current of the motor to determine which trip torque threshold the motor is approaching.” This also is different than calculating if the load is increasing toward or decreasing away from the electronic clutch threshold. A limitation reciting a controller configured to “calculate if the load of the motor is increasing toward the electronic clutch threshold or decreasing away from the electronic clutch threshold” imposes a very specific requirement of taking into account if the load is in the direction toward or away from the clutch threshold. This very specific configuration of the controller is not disclosed in applicant’s specification. Therefore, this subject matter was not described in the specification in such a way as to reasonably convey that applicant had possession of the claimed invention when the application was filed.
Claims 3-9 and 21 are rejection based on their inclusion of the subject matter of claim 1.
Claims 10 and 15, and hence their dependent claims, include materially the same subject matter as discussed above and are rejected based on the same reasoning.
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 THOMAS M WITTENSCHLAEGER whose telephone number is (571)272-7012. The examiner can normally be reached MON-FRI: 9:00-5:00.
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.
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/THOMAS M WITTENSCHLAEGER/Primary Examiner, Art Unit 3731
3/18/2026
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