Prosecution Insights
Last updated: April 19, 2026
Application No. 18/607,465

MOTOR CONTROL UNIT FOR A POWER TOOL

Non-Final OA §102§103
Filed
Mar 16, 2024
Examiner
DINH, THAI T
Art Unit
2846
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
C & E Fein GmbH
OA Round
1 (Non-Final)
86%
Grant Probability
Favorable
1-2
OA Rounds
2y 5m
To Grant
86%
With Interview

Examiner Intelligence

Grants 86% — above average
86%
Career Allow Rate
558 granted / 651 resolved
+17.7% vs TC avg
Minimal -0% lift
Without
With
+-0.1%
Interview Lift
resolved cases with interview
Typical timeline
2y 5m
Avg Prosecution
27 currently pending
Career history
678
Total Applications
across all art units

Statute-Specific Performance

§101
3.1%
-36.9% vs TC avg
§103
49.4%
+9.4% vs TC avg
§102
23.4%
-16.6% vs TC avg
§112
20.8%
-19.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 651 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 . Claim Objections The numbering of claims is not in accordance with 37 CFR 1.126 which requires the original numbering of the claims to be preserved throughout the prosecution. When claims are canceled, the remaining claims must not be renumbered. When new claims are presented, they must be numbered consecutively beginning with the number next following the highest numbered claims previously presented (whether entered or not). Misnumbered claim 15 (second claim number 15) has been renumbered claim 16. For examination purpose, the examiner considers claim 15 (the second claim 15) as claim 16 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 (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 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. Claims 1, 6, 9 and 11-15 are rejected under 35 U.S.C. 102(a)(1)/102(a)(2) as being anticipated by Tsai (US 2020/0086457 A1). For claim 1, Tsai discloses a motor control unit for a brushless electric motor of a power tool or a hand-held power tool (Figs. 3-4 of Tsai discloses a motor control unit 30 for a brushless electric motor 121 of a power tool “electrical sander” or a hand-held power tool (Fig. 3 – see Tsai, Figs. 3-4, paragraphs [0001] and [0011], lines 1-28), the motor control unit comprising: a temperature sensor via which at least one temperature value that is influenced by the operation of the electric motor of a power tool component is determined (Fig. 4 of Tsai discloses a temperature sensor 34 via which at least one temperature value that is influenced by the operation of the electric motor 121 of a power tool component is determined – see Tsai, Fig. 4, paragraph [0011], lines 38-45); a power measuring device that is set up to record a power absorption value that characterizes a power absorption of the electric motor (Fig. 4 of Tsai discloses a power measuring device 36 that is set up to record a power absorption value that characterizes a power absorption of the electric motor 121 – see Tsai, Fig. 4, paragraphs [0013], lines 1-4 and [0014]); and an electronic control device that has a power limiting device, which, in order to limit the power absorption of the electric motor, limits the power absorption of the electric motor to a maximum permissible power value and adjusts a maximum power value during an operation of the electric motor as a function of the at least one temperature value (Fig. 4 of Tsai discloses microprocessor 32, a rated power constraint module 37 and a rotation control module 38 which altogether constitute an electronic control device (32, 37, 38), wherein the electronic control device (32, 37, 38) has that has a power limiting device, which, in order to limit the power absorption of the electric motor 121, limits the power absorption of the electric motor 121 to a maximum permissible power value and adjusts a maximum power value during an operation of the electric motor 121 as a function of the at least one temperature value – see Tsai, Fig. 4, paragraphs [0011], lines 25-62, [0012] and [0014]). For claim 6, Tsai discloses the motor control unit according to claim 1, wherein the control device has a speed control which is set up or programmed to regulate a speed n, wherein the speed n is dependent on a setpoint speed specified by the user, the maximum power value or the maximum motor current and the at least one temperature value, and wherein the speed is a function of the setpoint speed of the maximum power value or of the motor current and the at the least one temperature value (see Tsai, Fig. 4, paragraph [0014]). For claim 9, Tsai discloses the motor control unit according to claim 1, wherein the control device is set up or programmed so that the limitation of the power absorption of the electric motor or a programmed current limitation is subordinate to the speed control (Fig. 4 of Tsai discloses the control dive including rated power constraint module 37 which set up value of the rated power value so that the limitation of the power absorption of the electric motor 121 to be subordinate to the speed control – see Tsai, Fig. 4, paragraph [0011], lines 51-62). For claim 11, Tsai discloses the motor control unit according to claim 1, wherein the control device has an overtemperature cut-off that interrupts the power absorption of the electric motor when the at least one temperature value reaches or exceeds a specified overtemperature value (see Tsai. Fig. 4, claim 6; paragraphs [0011], lines 31-62; [0012] and [0014], lines 21-27). For claim 12, Tsai discloses a power tool (Fig. 3 of Tsai discloses a power tool which is an electrical sander – see Tsai, Fig. 3, paragraphs [0001] and [0011], lines 1-3) comprising: a brushless electric motor (Fig. 4 of Tsai discloses a brushless electric motor 121 – see Tsai, Figs. 3-4, paragraph [0011], lines 11-13); a drive shaft coupled to the electric motor and an output shaft coupled to the drive shaft via a gear unit, to which a tool is adapted to be connected (Figs. 2-3 of Tsai discloses a drive shaft 13 coupled to the electric motor 121 and an output shaft 141 coupled to the drive shaft 13 via a gear unit (12, 13), to which a tool is adapted to be connected – see Tsai, Fig. 2, paragraph [0011], lines 1-20); and a motor control unit according to claim 1 (see explanation in claim 1 above). For claim 13, Tsai discloses the power tool according to claim 12, wherein the power tool is as an angle grinder (Fig. 1 of Tsai discloses the power tool which is an angle grinder – see Tsai, Fig. 3, paragraphs [0001] and [0011], lines 1-3). For claim 14, Tsai discloses the power tool according to claim 12, wherein the power tool is a hand-held power tool (Fig. 3 of Tsai discloses a hand-help power tool). Claim 15 is "method" claims which are either same or similar to that of the "a motor control unit for a brushless electric motor of a power tool" claim 1. Explanation is omitted. 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 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 5 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Tsai (US 2020/0086457 A1). For claim 5, Tsai discloses the motor control unit according to claim 1, wherein the electronic control device has a speed control which is set up or programmed to set the speed of the electric motor to be set as a function of a setpoint, independently of the current to regulate it as long as the maximum power value is not exceeded and/or provided that the at least one temperature value does not exceed a pre-determined temperature (see Tsai, Fig. 4, paragraphs [0011], lines 25-62, and [0014]. It is noted that Tsai is silent for disclosing the control device which is programable. However, Tsai discloses the control device 30 including microprocessor 32 which is obvious to be programable to receive the output control signals from power detecting circuit 31, temperature control protection module 34, motor phase testing module 35, power detecting module 36, rated power constraint module 37 and rotation control module 38 and output the power adjusting signal to power converter 33 for driving motor 121 – see Tsai, Fig. 4, paragraphs [0011]-[0014]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to modify teaching of Tsai to detail programable microprocessor to set the speed of the electric motor to be set as a function of a setpoint, independently of the current to regulate it as long as the maximum power value is not exceeded and/or provided that the at least one temperature value does not exceed a pre-determined temperature for purpose of Operating device at optimum operating efficiency without interrupting the operation). For claim 10, Tsai discloses the motor control unit according to claim 1, wherein the control device is set up or programmed to reduce the maximum power value during the operation of the electric motor, which also influences the speed in particular, in the event of an increase in at least one temperature value under load (see Tsai, Fig. 4, paragraphs [0011], lines 51-62 and [0012]-[0014]. It is noted that Tsai is silent for reducing the maximum power value during the operation of the electric motor. However, Tsai discloses rated power constraint module 37 which sets rated power range (see Tsai, Fig. 4, paragraph [011], lines 51-56). Thus, it is obvious to reduce the maximum power value performed by rated power constraint module 37. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to modify teaching of Tsai’s rated power constraint module 37 to reduce the maximum power value during the operation of the electric motor for purpose of operating at an optimum operating efficiency). Claims 2 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Tsai (US 2020/0086457 A1) in view of Radtle et al. (hereinafter Radtle, US 2022/0407174 A1). For claim 2, Tsai discloses all limitations as applied to claim 1 above. Tsai discloses the power measuring device (see Tsai, Fig. 4, the power measuring device 36) which is silent for including a current measuring device via which a current absorbed by the electric motor is detected as a current value, and wherein the power absorption value is a current value. However, Radtle discloses the power measuring device 450 which includes a current measuring device via which a current absorbed by the electric motor 12 detected as a current value, and wherein the power absorption value is a current value – see Radtle. Fig. 4, paragraphs [0040], [0044], [0058] and [0077]-[0078]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to modify Tsai’s power detecting module 36 to include a current sensor as teaching of Radtle for purpose of performing specific functions and achieving better control. For claim 16, Tsai discloses all limitations as applied in claim 15 above. Tsai is silent for disclosing a computer program or storage medium comprising a computer program code having instructions which, when the computer program is executed by a computer, cause it to perform the method according to claim 15. However, Radtle discloses a power tool (see Radtle, Fig. 1A) which comprises a computer program or storage medium 425 comprising a computer program code having instructions which, when the computer program is executed by a computer 400 having microprocessor 405 as Tsai’s microprocessor 32 to perform the method according to claim 15 (Radtle discloses a power tool which comprises a computer program or storage medium 425 comprising a computer program code having instructions which, when the computer program is executed by a computer 400 having microprocessor 405 5 – see Radtle, paragraphs [0017], [0045]-[0047]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to modify Tsai’s microprocessor 32 built in controller 400 of Radtle to cause it to perform the method according to claim 15 for purpose of increasing reliability and boosting precision, efficiency, and safety through automated control. Claims 3, 7 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Tsai (US 2020/0086457 A1) in view of Erfinder (DE 10 2016 203728 A1). For claim 3, Tsai discloses the motor control unit according to claim 1, wherein the control device is programmable and programmed to limit the power absorption of the electric motor to the maximum permissible maximum power value (Fig. 4 of Tsai discloses the control device 30 including microprocessor 32 which is programmable and programmed to limit the power absorption of the electric motor 121 to the maximum permissible maximum power value and to adjust this maximum power value during the operation of the electric motor 121 as a function of the at least one temperature value – see Tsai, Fig. 4, paragraphs [0011], lines 25-62 and [0012]. It is noted that Tsai is silent for disclosing the control device which is programable. However, Tsai discloses the control device 30 including microprocessor 32 which is obvious to be programable to receive the output control signals from power detecting circuit 31, temperature control protection module 34, motor phase testing module 35, power detecting module 36, rated power constraint module 37 and rotation control module 38 and output the power adjusting signal to power converter 33 for driving motor 121 (see Tsai, Fig. 4, paragraphs [0011]-[0014]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to modify teaching of Tsai to detail programable microprocessor to obtain maximum power during the operation of the motor as a function of temperature for purpose of operating device at optimum operating efficiency without interrupting the operation). Tsai is silent for adjusting this maximum power value during the operation of the electric motor as a function of the at least one temperature value. However, Erfinder discloses adjusting this maximum power value during the operation of the electric motor as a function of the at least one temperature value (see Erfinder, Figs. 2A-2B, paragraphs [0053], [0068], [0073] and [0078]-[0079]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to modify teaching of Tsai to incorporate teaching of Erfinder for purpose of preventing damage device due to overheat. For claim 7, Tsai discloses all limitations as applied to claim 1 above. Tsai discloses the maximum power value is silent to be a function of the at least one temperature value and the setpoint speed. However, Erfinder discloses adjusting this maximum power value during the operation of the electric motor as a function of the at least one temperature value and the setpoint speed (see Erfinder, Figs. 2A-2B, paragraphs [0056], [0068], [0073] and [0078]-[0079]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to modify teaching of Tsai to incorporate teaching of Erfinder for purpose of preventing damages of the motor due to overheat and controlling motor control system efficietly. Tsai is silent for disclosing the maximum motor current which is a function of the at least one temperature value and the setpoint speed. However, the maximum power value may be determined based on the maximum current and/or maximum voltage applied to the motor, wherein, Tsai in view of Erfinder disclose the maximum power value which is a function of the at least one temperature value and the setpoint speed. Thus, the maximum motor current is obviously a function of the at least one temperature value and the setpoint speed. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to modify teaching of Tsai to corporate teaching of Erfinder to include the maximum motor current/ the maximum power value which is a function of the at least one temperature value and the setpoint speed for purpose of performing specific functions and achieving better control. For claim 8, Tsai discloses all limitation as applied to claim 1 above. Tsai discloses the control device which is silent for set up or programed so that the limitation of the power absorption of the electric motor or a programmed current limitation is superimposed on the speed control. However, Erfinder discloses the power absorption of the electric motor or a programmed current limitation is superimposed on the speed control (see Erfinder, paragraphs [0056] and [0063]-[0067]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to modify teaching of Tsai to corporate teaching of Erfinder for purpose of reducing energy efficiency loss. Claims 4 are rejected under 35 U.S.C. 103 as being unpatentable over Tsai (US 2020/0086457 A1) in view of Erfinder (DE 10 2016 203728 A1), further in view of Sattler (EP 3849076 A1). For claim 4, Tsai in view of Erfinder disclose the motor control unit according to claim 3. Tsai discloses the control device is programmable and programmed (see explanation as claim 3 above), in which Tsai is silent to be programmable and programmed to reduce the maximum permissible maximum power value with increasing temperature linearly or in accordance with a non-linear progression, and to increase it with increasing setpoint speed linearly or in accordance with a non-linear progression. However, Figs. 1-2 of Sattler discloses a control device 5 which is used to reduce the maximum permissible maximum power value with increasing temperature linearly or in accordance with a non-linear progression, and to increase it with increasing setpoint speed linearly or in accordance with a non-linear progression – see Sattler, Figs. 1-2, paragraphs [0014]-[[0016] and [0023]-[0024]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to modify teaching of Tsai to incorporate teaching of Sattler for purpose of operating device at optimum operating efficiency without interrupting the operation. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to THAI T DINH whose telephone number is (571)270-3852. The examiner can normally be reached (571)270-3852. 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, 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. /THAI T DINH/Primary Examiner, Art Unit 2846
Read full office action

Prosecution Timeline

Mar 16, 2024
Application Filed
Dec 27, 2025
Non-Final Rejection — §102, §103 (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
86%
Grant Probability
86%
With Interview (-0.1%)
2y 5m
Median Time to Grant
Low
PTA Risk
Based on 651 resolved cases by this examiner. Grant probability derived from career allow rate.

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