Prosecution Insights
Last updated: October 02, 2026
Application No. 18/614,262

ELECTRIC MOTOR AND FAN FOR A POWER TOOL

Non-Final OA §103
Filed
Mar 22, 2024
Priority
Mar 28, 2023 — provisional 63/455,010
Examiner
MATES, ROBERT E
Art Unit
2834
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
MILWAUKEE ELECTRIC TOOL Corporation
OA Round
3 (Non-Final)
57%
Grant Probability
Moderate
3-4
OA Rounds
6m
Est. Remaining
92%
With Interview

Examiner Intelligence

Grants 57% of resolved cases
57%
Career Allowance Rate
265 granted / 465 resolved
-11.0% vs TC avg
Strong +35% interview lift
Without
With
+35.0%
Interview Lift
resolved cases with interview
Typical timeline
3y 1m
Avg Prosecution
31 currently pending
Career history
503
Total Applications
across all art units

Statute-Specific Performance

§101
0.4%
-39.6% vs TC avg
§103
62.2%
+22.2% vs TC avg
§102
20.0%
-20.0% vs TC avg
§112
14.9%
-25.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 465 resolved cases

Office Action

§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 . This Office Action is in response to papers filed on 8/27/2026. Amendments made to the claims and the Applicant's remarks have been entered and considered. Claims 1, 7 have been amended. Claims 13, 15 are cancelled. Continued Examination Under 37 CFR 1.114 A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 8/27/2026 has been entered. Response to Arguments The Applicant’s arguments, see Remarks, filed 8/27/2026, with respect to claims 14, 16-20 have been fully considered and are persuasive. The rejection of claims 14, 16-20 has been withdrawn. The Applicant's remaining arguments filed 8/27/2026 have been fully considered but they are not persuasive. Regarding the rejections of claims 1-6, the Applicant argued that amended claim 1 thus recites the frame and the plurality of windings as separate elements of the stator and further recites a sensor PCB mounted to the frame. The frame recited by claim 1 is therefore a structural component of the stator distinct from the windings, and not the winding end turns. In the current rejection the same Zhao (CN 203193448 U) feature serves as both the claimed windings and the claimed frame, which cannot satisfy the requirement that a single reference disclose each and every element arranged as recited by claim 1. Zhao fails to disclose at least a sensor PCB mounted to the frame of the stator, a frame distinct from the windings, and the claimed fan position in which "the plurality of blades of the fan is positioned at least partially between the first end plane and the second end plane," as recited by claim 1. This argument is not persuasive because, as shown by FIG. 1 of Zhao reproduced below, a frame F is shown distinct from end windings 15. A sensor PCB is shown in newly applied Drapp et al. (US 6542068 B1). PNG media_image1.png 670 708 media_image1.png Greyscale Regarding claims 7-12 the Applicant argued that amended claim 7 recites, in part, "a brushless DC electric motor including a stator with a frame, the frame defining an outer periphery of the brushless DC electric motor, ... a housing in which the brushless DC electric motor is disposed, the housing including cooperating first and second clamshell halves that directly support the stator; ... wherein a portion of the plurality of fan blades is disposed within the outer periphery of the brushless DC electric motor." This argument is not persuasive because, first, the Applicant’s drawings do not show cooperating first and second clamshell halves that directly support the stator and are objected to. Second, Zhao shows first 21 and second 22 clamshell halves and a portion of the plurality of fan blades 31 is disposed within the outer periphery of the brushless DC electric motor (FIG. 1). Third, newly applied Archer et al. (US 5006744 A) shows clamshell halves directly supporting a stator core. Drawings The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the cooperating first and second clamshell halves that directly support the stator recited in claim 7 must be shown or the feature(s) canceled from the claim(s). The clamshell halves 18a,18b and the stator 43 are not shown in the same figure. No new matter should be entered. 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. 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. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. Claim(s) 1-6 are rejected under 35 U.S.C. 103 as being unpatentable over Zhao (CN 203193448 U) in view of Drapp et al. (US 6542068 B1, hereinafter Drapp). As to claim 1, Zhao shows (FIG. 1, 3) : PNG media_image1.png 670 708 media_image1.png Greyscale A brushless DC electric motor 100 (para[0027]) comprising: a stator 13 including a frame F and a plurality of windings 15 configured to generate magnetic fields; a rotor 12 including a plurality of permanent magnets configured to interact with the magnetic fields generated by the plurality of windings 15 (permanent magnets are implied by the brushless motor); and a fan 31 coupled for co-rotation with the rotor 12, the fan 31 including a plurality of blades, wherein the frame F includes a first end FA defining a first end plane FA and a second end FB opposite the first end FA, the second end FB defining a second end plane FB such that the plurality of windings 15 are disposed between the first end plane FA and the second end plane FB, and wherein the plurality of blades of the fan 31 is positioned at least partially between the first end plane FA and the second end plane FB (para [0029], [0030], fan 31 FIG. 3, fan 31 is radially inside of windings 15). Zhao does not show a sensor PCB mounted to the frame. Drapp shows (FIG. 3) a sensor PCB mounted to the frame 55 (col. 4:1-5). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the machine of Zhao to have a sensor PCB mounted to the frame F as taught by Drapp, for the advantageous benefit of generating sensor voltages to be used as a power signal for the motor 100 as taught by Drapp (col. 4:6-34). As to claim 2/1, Zhao in view of Drapp was discussed above with respect to claim 1, and Zhao further shows (FIG. 1, 3) the fan 31 is configured to generate an airflow along a rotational axis of the rotor 12 (see arrows) . As to claim 3/1, Zhao in view of Drapp was discussed above with respect to claim 1, and Zhao further shows (FIG. 1, 3) the fan 31 is configured to generate an airflow radially away from a rotational axis of the motor 100 (see arrows). As to claim 4/1, Zhao in view of Drapp was discussed above with respect to claim 1, and Zhao further shows (FIG. 1, 3) the rotor 12 includes an output shaft 11, and wherein the fan 31 is coupled for co-rotation with the output shaft 11. As to claim 5/1, Zhao in view of Drapp was discussed above with respect to claim 1, and Zhao further shows (FIG. 1, 3) the plurality of blades has a length measured parallel to a rotational axis 11 of the motor 100, and wherein half of the length of the plurality of blades is disposed between the first end plane 15FA and the second end plane 15FB (more than half the length of the fan 31 is within the stator 13). As to claim 6/5/1, Zhao in view of Drapp was discussed above with respect to claim 1, and Zhao further shows (FIG. 1, 3) a majority of the length of the plurality of blades is disposed between the first end plane 15FA and the second end plane 15FB (more than half the length of the fan 31 is within the stator 13). Claim(s) 7-12 are rejected under 35 U.S.C. 103 as being unpatentable over Zhao (CN 203193448 U) in view of Zucca (US 2021/0315101 A1) and Archer et al. (US 5006744 A, hereinafter Archer). As to claim 7, Zhao shows (FIG. 1, 3 above) A machine comprising: a brushless DC electric motor 100 including a stator 13 with a frame F, the frame F defining an outer periphery of the brushless DC electric motor 100, a rotor 12 disposed within the stator 13, an output shaft 11 coupled to the rotor 12, the output shaft 11 extending along a rotational axis of the brushless DC electric motor 100, and a fan 31 with a plurality of fan blades coupled for co-rotation with the output shaft 11, a housing 20 in which the brushless DC electric motor 100 is disposed, the housing 20 including cooperating first 21 and second 22 clamshell halves, wherein a portion of the plurality of fan blades is disposed within the outer periphery of the brushless DC electric motor 100 (para [0029], [0030], fan 31 FIG. 3, fan blades shown in FIG. 1 and 3, fan blades are radially inside of windings 15, frame 15F is at tip ends of windings 15). Zhao does not show: a power tool; a camshaft driven by the brushless DC electric motor; an anvil extending from the housing; a hammer configured to reciprocate along the camshaft to deliver striking rotational impacts to the anvil in response to rotation of the camshaft; clamshell halves directly support the stator. As to the first four bullets, Zucca shows (FIG. 1, 2): a power tool; a camshaft 46 driven by the brushless DC electric motor; an anvil 44 extending from the housing; and a hammer 48 configured to reciprocate along the camshaft 46 to deliver striking rotational impacts to the anvil 44 in response to rotation of the camshaft 46 (para [0030]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the machine of Zhao to have: a power tool; a camshaft 46 driven by the brushless DC electric motor; an anvil 44 extending from the housing; and a hammer 48 configured to reciprocate along the camshaft 46 to deliver striking rotational impacts to the anvil 44 in response to rotation of the camshaft 46 as taught by Zucca, for the advantageous benefit of performing work on a workpiece as taught by Zucca (para[0030]). As to the last bullet, Archer shows (FIG. 1, 3) clamshell halves 20,22 directly support the stator 8 (via bolts 58 col. 4: 53-65). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the machine of Zhao in view of Zucca to have clamshell halves 21,22 directly support the stator as taught by Archer, for the advantageous benefit of supporting the stator as taught by Archer (col. 4: 53-65). As to claim 8/7, Zhao in view of Zucca and Archer was discussed above with respect to claim 7, and Zhao further shows the fan 31 is configured to generate an airflow along the rotational axis of the brushless DC electric motor 100 (FIG. 1 see arrows). As to claim 9/8/7, Zhao in view of Zucca and Archer was discussed above with respect to claim 7, and Zhao further shows the fan 31 is configured to generate an airflow radially away from the rotational axis of the brushless DC electric motor 100 (FIG. 1 see arrows). As to claim 10/7, Zhao in view of Zucca and Archer was discussed above with respect to claim 7, and Zhao further shows (FIG. 1, 3) wherein at least half of a length of the plurality of fan blades is disposed within the outer periphery of the brushless DC electric motor 100 (fan blades are radially inside of windings 15 FIG. 1). As to claim 11/7, Zhao in view of Zucca and Archer was discussed above with respect to claim 7, and Zhao further shows (FIG. 1): PNG media_image2.png 663 690 media_image2.png Greyscale the housing 20 includes an end cap 21 and a post 21A extending from the end cap 21, wherein a bearing 14A is disposed on the post 21A and configured to rotatably support the rotor 12. As to claim 12/11/7, Zhao in view of Zucca and Archer was discussed above with respect to claim 7, and Zhao further shows (FIG. 1) the bearing 14A rotatably supports the fan 31. Allowable Subject Matter Claims 14, 16-20 are allowed. The following is an examiner’s statement of reasons for allowance: the prior art does not show or suggest the brushless DC electric motor with a fan rotatably supported by an outer race of a bearing coupled to and end cap with a post in addition to the other features recited in claim 14. Dependent claims 16-20 are allowed for the same reason. Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.” Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT E MATES whose telephone number is (571)270-5293. The examiner can normally be reached M to F 12:00pm to 8pm. 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, TULSIDAS PATEL can be reached at (571)272-2098. 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. /ROBERT E MATES/Examiner, Art Unit 2834 /TULSIDAS C PATEL/Supervisory Patent Examiner, Art Unit 2834
Read full office action

Prosecution Timeline

Show 1 earlier event
Dec 19, 2025
Non-Final Rejection mailed — §103
Mar 19, 2026
Response Filed
May 27, 2026
Final Rejection mailed — §103
Aug 05, 2026
Examiner Interview Summary
Aug 05, 2026
Applicant Interview (Telephonic)
Aug 27, 2026
Request for Continued Examination
Sep 01, 2026
Response after Non-Final Action
Sep 23, 2026
Non-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

3-4
Expected OA Rounds
57%
Grant Probability
92%
With Interview (+35.0%)
3y 1m (~6m remaining)
Median Time to Grant
High
PTA Risk
Based on 465 resolved cases by this examiner. Grant probability derived from career allowance rate.

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