Prosecution Insights
Last updated: April 19, 2026
Application No. 18/613,603

POWER TOOL

Non-Final OA §102§103
Filed
Mar 22, 2024
Examiner
LUO, DAVID S
Art Unit
2846
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
BLACK & DECKER, INC.
OA Round
1 (Non-Final)
90%
Grant Probability
Favorable
1-2
OA Rounds
2y 3m
To Grant
97%
With Interview

Examiner Intelligence

Grants 90% — above average
90%
Career Allow Rate
1007 granted / 1115 resolved
+22.3% vs TC avg
Moderate +6% lift
Without
With
+6.5%
Interview Lift
resolved cases with interview
Typical timeline
2y 3m
Avg Prosecution
27 currently pending
Career history
1142
Total Applications
across all art units

Statute-Specific Performance

§101
1.6%
-38.4% vs TC avg
§103
46.4%
+6.4% vs TC avg
§102
48.7%
+8.7% vs TC avg
§112
2.8%
-37.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1115 resolved cases

Office Action

§102 §103
DETAILED ACTION 1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . 2. The specification, the abstract and the drawings are all acceptable. Claim Rejections - 35 USC § 102 3. 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. 4. Claims 1, 6-9, 17-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by USPN 6,955,549 to Brazell. As to claim 1, Brazell teaches a power tool (col. 1: lines 51 col. 2: lines 5) comprising: a housing(fig. 1: “202”); a motor (col. 2: lines 60-62 wherein the motor is included in fig. 1 but not shown) in the housing(fig. 1: “202”); an output shaft (fig. 1: “208”) driven by the motor(col. 2: lines 60-62); a platen (col. 2: lines 60-62 “associated tools” such as bits or other tools) driven by the motor through the output shaft(col. 2: lines 60-62); wherein the housing comprises a first side housing part (fig. 2: “25” is a stop which is equivalent to a side housing) and a second side housing part(fig. 2: “27” is a stop which is equivalent to a side housing), the first side housing part and the second side housing part being separate parts assembled together(fig. 2 wherein first side housing part “25”and the second side housing part “27” being separate parts assembled together); wherein the first side housing part is at a first side of the power tool and the second side housing part is at a second side of the power tool(see fig. 2 wherein the first side housing part “25” is at a first side “right side” of the power tool and the second side housing part “27” is at a second side “left side” of the power tool); a battery receptacle portion(fig. 2: “10”) configured to receive a removable battery pack (col. 2: lines 25-29) which powers the motor(col. 2: lines 60-62 wherein the motor is included in fig. 1 but not shown); wherein the battery receptacle portion comprises a first rail(fig. 2: “24”) and a second rail(fig. 2: “26”); wherein a first portion of the first rail is formed by the first side housing part(the right side of the battery housing in fig. 2); and wherein a second portion of the first rail is formed by the second side housing part(the left side of the battery housing in fig. 2). As to claim 6, Brazell teaches the power tool of claim 1, wherein the first rail is parallel to the second rail(fig. 2 wherein the first rail “24” is parallel to the second rail “26”). As to claim 7, Brazell teaches the power tool of claim 1 wherein the first housing part comprises a plastic material and wherein the second housing part comprises a plastic material(col. 5: lines 34-37). As to claim 8, Brazell teaches the power tool of claim 1, further comprising an electrical connector section configured to electrically engage with the removable battery pack(col. 3: lines 55-58, col. 4: lines 9-14). As to claim 9, Brazell teaches the power tool of claim 8, wherein the electrical connector section comprises a first electrical connector, a second electrical connector, and a third electrical connector(col. 3: lines 55-58 & col. 4: lines 9-14 wherein a plurality of electrical connectors are taught for the power tool battery system). As to claim 17, Brazell teaches a power tool (col. 1: lines 51 col. 2: lines 5) comprising: a housing(fig. 1: “202”); a motor (col. 2: lines 60-62 wherein the motor is included in fig. 1 but not shown) housed in the housing(fig. 1: “202”); an output member (col. 2: lines 60-62 “associated tools” such as bits or other tools) driven by the motor(col. 2: lines 60-62 wherein the motor is included in fig. 1 but not shown); wherein the housing comprises a first side housing part (fig. 2: “25” is a stop which is equivalent to a side housing) and a second side housing part(fig. 2: “27” is a stop which is equivalent to a side housing), the first side housing part and the second side housing part being separate parts assembled together(fig. 2 wherein first side housing part “25”and the second side housing part “27” being separate parts assembled together); wherein the first side housing part is at a first side of the power tool and the second side housing part is at a second side of the power tool(see fig. 2 wherein the first side housing part “25” is at a first side “right side” of the power tool and the second side housing part “27” is at a second side “left side” of the power tool); a battery receptacle portion (fig. 2: “10”) configured to receive a removable battery pack (col. 2: lines 25-29) which powers the motor(col. 2: lines 60-62 wherein the motor is included in fig. 1 but not shown); wherein the battery receptacle portion comprises a first rail (fig. 2: “24”) and a second rail(fig. 2: “26”); wherein a first portion of the first rail is formed by the first side housing part(the right side of the battery housing in fig. 2); and wherein a second portion of the first rail is formed by the second side housing part(the left side of the battery housing in fig. 2); further comprising an electrical connector section configured to electrically engage with the removable battery pack wherein the electrical connector section comprises a first electrical connector and a second electrical connector(col. 3: lines 55-58, col. 4: lines 9-14); wherein the first electrical connector is configured to connect with a positive terminal of the removable battery pack wherein the second electrical connector is configured to connect with a negative terminal of the removable battery pack(col. 4: lines 44-55 wherein the battery electrical contacts are taught for establishing electrical connections and the battery inherently has the positive terminal “+” and negative terminal “ –”). As to claim 18, Brazell teaches the power tool of claim 17, wherein a length of the first rail is at least substantially similar to a length of the second rail(Brazell see fig. 2 wherein a length of the first rail “24” is at least substantially similar to a length of the second rail “26”). As to claim 19, Brazell teaches the power tool of claim 18, wherein the first rail is parallel to the second rail(fig. 2 wherein the first rail “24” is parallel to the second rail “26”). As to claim 20, Brazell teaches the power tool of claim 19, wherein the electrical connector section comprises a third electrical connector and wherein the third electrical connector is configured to connect with a temperature terminal of the removable battery pack(col. 3: lines 55-58 & col. 4: lines 9-14 wherein a plurality of electrical connectors are taught to make any kind of electrical connections for the power tool battery system). Claim Rejections - 35 USC § 103 5. 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 of this title, 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. 6. Claims 10-12, 15-16 are rejected under 35 U.S.C. 103 as being unpatentable over USPN 6,955,549 to Brazell, and in view of USPN 8,111,028 to Rollins. As to claim 10, Brazell teaches the power tool of claim1. Brazell does not teach a fan wherein the fan is driven by the motor through the output shaft. Rollins teaches a fan wherein the fan is driven by the motor through the output shaft(col. 4: lines 44-67). Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to implement the teachings of Rollins into Brazell since Brazell suggests a power tool motor control system and Rollins suggests the beneficial use of motor to drive a fan in the analogous art of motor control technology. The motivation for this comes from the fact that Rollins teaches an apparatus of motor to drive a fan which can be used to improve the power tool motor control system disclosed by Brazell because the power tool can be improved by adding a fan. As to claim 11, Brazell teaches a power tool (col. 1: lines 51 col. 2: lines 5) comprising: a housing; a motor (col. 2: lines 60-62) in the housing(fig. 1: “202”); an output member driven by the motor(col. 2: lines 60-62); wherein the housing comprises a first side housing part(fig. 2: “25” is a stop which is equivalent to a side housing) and a second side housing part(fig. 2: “27” is a stop which is equivalent to a side housing), the first side housing part and the second side housing part being separate parts assembled together(fig. 2 wherein first side housing part “25”and the second side housing part “27” being separate parts assembled together); wherein the first side housing part is at a first side of the power tool and the second side housing part is at a second side of the power tool(see fig. 2 wherein the first side housing part “25” is at a first side “right side” of the power tool and the second side housing part “27” is at a second side “left side” of the power tool); a battery receptacle portion (fig. 2: “10”) configured to receive a removable battery pack (col. 2: lines 25-29) which powers the motor(col. 2: lines 60-62 wherein the motor is included in fig. 1 but not shown); an electrical connector section configured to electrically engage with the removable battery pack(col. 3: lines 55-58, col. 4: lines 9-14); wherein the battery receptacle portion(fig. 2: “10”) comprises a first rail (fig. 2: “24”) and a second rail(fig. 2: “26”); wherein a first portion of the first rail is formed by the first side housing part(the right side of the battery housing in fig. 2); wherein a second portion of the first rail is formed by the second side housing part(the left side of the battery housing in fig. 2); and wherein the first rail is parallel to the second rail(fig. 2 wherein the first rail “24” is parallel to the second rail “26”). Brazell does not teach a fan driven by the motor. Rollins teaches a fan driven by the motor(col. 4: lines 44-67). Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to implement the teachings of Rollins into Brazell since Brazell suggests a power tool motor control system and Rollins suggests the beneficial use of motor to drive a fan in the analogous art of motor control technology. The motivation for this comes from the fact that Rollins teaches an apparatus of motor to drive a fan which can be used to improve the power tool motor control system disclosed by Brazell because the power tool can be improved by adding a fan. As to claim 12, Brazell in view of Rollins teaches the power tool of claim 11, wherein the first housing part comprises a plastic material and wherein the second housing part comprises a plastic material(col. 5: lines 34-37). As to claim 15, Brazell in view of Rollins teaches the power tool of claim 11, wherein a length of the first rail is at least substantially similar to a length of the second rail(Brazell see fig. 2 wherein a length of the first rail “24” is at least substantially similar to a length of the second rail “26”). As to claim 16, Brazell in view of Rollins teaches the power tool of claim 11, wherein the electrical connector section comprises a first electrical connector, a second electrical connector, and a third electrical connector(Brazell col. 3: lines 55-58 & col. 4: lines 9-14 wherein a plurality of electrical connectors are taught for the power tool battery system). 7. Claims 13-14 are rejected under 35 U.S.C. 103 as being unpatentable over USPN 6,955,549 to Brazell in view of USPN 8,111,028 to Rollin, and further in view of USPN 6,106,690 to Reynolds. As to claim 13, Brazell in view of Rollins teaches the power tool of claim 11. Brazell in view of Rollins does not teach an apparatus wherein the first rail is transverse to a rotational axis of the motor and wherein the second rail is transverse to the rotational axis of the motor. Reynolds teaches an apparatus wherein the first rail is transverse to a rotational axis of the motor and wherein the second rail is transverse to the rotational axis of the motor(col. 3: lines 15-20). Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to implement the teachings of Reynolds into Brazell in view of Rollins since Brazell in view of Rollins suggests a power tool motor control system and Reynolds suggests the beneficial use of motion control technology wherein the rail is transverse to the rotational axis of the motor in the analogous art of motor control technology. The motivation for this comes from the fact that Reynolds teaches the motion control technology wherein the rail is transverse to the rotational axis of the motor which can be used to improve the power tool motor control system disclosed by Brazell in view of Rollins As to claim 14, Brazell in view of Rollins and Reynolds teaches the power tool of claim 13, wherein a length of the first rail is at least substantially similar to a length of the second rail(Brazell see fig. 2 wherein a length of the first rail “24” is at least substantially similar to a length of the second rail “26”). 8. Claims 2-5 are rejected under 35 U.S.C. 103 as being unpatentable over USPN 6,955,549 to Brazell in view of USPN 6,106,690 to Reynolds. As to claim 2, Brazell teaches the power tool of claim 1. Brazell does not teach an apparatus wherein the first rail runs horizontally when the platen is placed on a flat horizontal surface. Reynolds teaches an apparatus wherein the first rail runs horizontally when the platen is placed on a flat horizontal surface(col. 3: lines 15-20). Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to implement the teachings of Reynolds into Brazell since Brazell suggests a power tool motor control system and Reynolds suggests the beneficial use of a motion control technique wherein the first rail runs horizontally when the platen is placed on a flat horizontal surface in the analogous art of motor control technology. The motivation for this comes from the fact that Reynolds teaches a motion control technique wherein the first rail runs horizontally when the platen is placed on a flat horizontal surface which can be used to improve the power tool motor control system disclosed by Brazell. As to claim 3, Brazell in view of Reynolds teaches the power tool of claim 1, wherein the first rail is transverse to a rotational axis of the motor(Reynolds col. 3: lines 15-20). As to claim 4, Brazell in view of Reynolds teaches the power tool of claim 3, wherein the second rail is transverse to the rotational axis of the motor(Reynolds col. 3: lines 15-20). As to claim 5, Brazell in view of Reynolds teaches the power tool of claim 1 wherein the platen is driven in a random orbital motion(Reynolds col.1: lines 65 – col. 2: lines 5 & col. 3: lines 15-20 wherein the motion control technique can be readily used to generate random orbital motion by a person of ordinary skill in the art). Conclusion 9. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. USPN 8,228,029 to Meyer discloses a battery pack/power tool system. 10. Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID S LUO whose telephone number is (571)270-5251. The examiner can normally be reached 8AM-5PM. 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. /DAVID LUO/Primary Examiner, Art Unit 2846
Read full office action

Prosecution Timeline

Mar 22, 2024
Application Filed
Nov 28, 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
90%
Grant Probability
97%
With Interview (+6.5%)
2y 3m
Median Time to Grant
Low
PTA Risk
Based on 1115 resolved cases by this examiner. Grant probability derived from career allow rate.

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