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 .
Status of Claims
This office action is in response to applicant’s Amendment/Request for Reconsideration filed on 15 May 2026.
Claims 1 – 20 are pending.
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 is incorrect, any correction of the statutory basis 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 11 – 14 are rejected under 35 U.S.C. 103 as being unpatentable over Ishikawa ‘911 (US 2013/0133911 A1) in view of Vanko (US 2018/0248507 A1).
Regarding claim 11, Ishikawa ‘911 discloses an impact power tool comprising:
a housing (2, fig. 1);
a brushless motor (4, fig. 1. [0070] describes a motor 4 as a three-phase brushless motor) received in the housing;
a power switch (21, fig. 1) coupled to the housing and actuatable by a user;
an output spindle (15, fig. 1);
an impact mechanism (6, fig. 1) including a hammer (14, fig. 1) and an anvil (15, fig. 1), the impact mechanism configured to be driven by the motor and to rotationally drive the output spindle ([0062] describes the impact mechanism 6 comprising a spindle 7, a hammer 14 externally mounted on the spindle 7, and a coil spring 16 for forwardly biasing the hammer 14 wherein [0066] describes when the spindle 7 is rotated by a rotational force of the motor 4, the hammer 14 is rotated together with the spindle 7, and a rotational force of the hammer 14 is transmitted to the anvil 15), the impact mechanism configured to selectively apply rotational impacts to the output spindle when a torque on the output spindle exceeds a torque threshold ([0067] describes when a torque of the hammer 14 against the anvil 15 becomes a predetermined value or more, the hammer 14 applies rotational impacts to the anvil 15); and
a controller (31, fig. 2) configured to control power delivery to the motor in response to actuation of the power switch ([0076] describes a controller 31 setting respective drive duty ratios for the switching devices Q1 to Q6 in accordance with a drive command from the trigger switch 21, and outputting control signals in accordance with the respective drive duty ratios to the gate circuit 32 to thereby rotate the motor 4).
wherein, when the motor operates in the first mode, the controller is configured to control the motor during a first time period until a first parameter comprising a first predetermined time duration is reached ([0091] describes the first mode for installing a fastener wherein during a predetermined time period or duration from when the rotation of the motor 4 is started upon the actuation of the trigger switch 21 (that is, when tightening of the screw is started) until the screw is seated, the motor 4 is in a no-load state and rotates at a high speed with a rotation number of approximately 22,500 per minute. The examiner deems the first time period from when tightening of the screw is started until the fastener/screw is seated. Please note, [0076] describes the controller 31 controlling the rotation of the motor 4), and to control the motor during a second time period after the first time period ([0092] describes after the screw is seated, the load is increased and the rotational torque exceeds the predetermined value, and application of an impact is started from the time period starting after the screw is seated until the trigger switch 21 is no longer actuated).
Ishikawa ‘911 does not explicitly when the motor operates in the first mode, the controller is configured to control the motor with a first conduction band value and a first advance angle value during a first time period until a first parameter is reached, and to control the motor with a second conduction band value and a second advance angle value, at least one of which is greater than the first conduction band value and the first advance angle value, after the first time period.
However, Vanko, in the same field of endeavor, teaches the controller (106, fig. 1. [0043] describes a control unit 106 configured to control supply of DC power to a motor 104 and accordingly commutate the motor 104) is configured to control the motor with a first conduction band value and a first advance angle value during a first time period until a first parameter comprising a first determined time duration is reached ([0083] – [0084] describes a load on the motor monitored and compared to a threshold by the controller 230, a sub-component of control unit 106, and during light load conditions wherein the load on the motor is below this threshold, a conduction band and an advance angle is set at a conduction band of 120 degrees and an advance angle of 30 degrees. Thus, with the incorporation of the teachings of Vanko with the invention of Ishikawa ‘911, in the first mode for installing a fastener in Ishikawa ‘911 during a predetermined time period or duration from when rotation of the motor 4 is started upon the actuation of the trigger switch 21 until the screw is seated, the motor 4 is in a no-load state and thus would be considered in the light load condition below a threshold and the conduction band and the advance angle would set at a conduction band of 120 degrees and an advance angle of 30 degrees, as taught by Vanko. Please note, [0081] – [0082] of Vanko describes a tool startup defined as a predetermined time period after the motor is energized wherein the conduction band and the advance angle would set at a conduction band of 120 degrees and an advance angle of 30 degrees. Thus, with the incorporation of the teachings of Vanko with the invention of Ishikawa ‘911, the first time period begins with the actuation of the trigger switch 21 and the motor is energized until the fastener/screw is seated wherein during this time period, the conduction band and the advance angle would set at a conduction band of 120 degrees and an advance angle of 30 degrees) and to control the motor with a second conduction band value and a second advance angle value, at least one of which is greater than the first conduction band value and the first advance angle value, during a second time period after the first time period ([0085] describes when the load is increased above the threshold, the conduction band and the advance angle is adjusted to maintain a desired speed wherein [0080] describes this adjustment as the load increases is an increase in the conduction band and advance angle in order to deliver more output power. Thus, with the incorporation of the teachings of Vanko with the invention of Ishikawa ‘911, after the screw is seated and the load is increased from a no-load state in Ishikawa ‘911, the conduction band and the advance angle would be increased to deliver more output power, as taught by Vanko, from the time period starting after the screw is seated until the trigger switch 21 is no longer actuated. Please note, this second conduction band and advance angle is greater than the conduction band and advance angle when the motor is under the light load).
Vanko is evidence that having the controller configured to control the motor with a first conduction band value and a first advance angle value during a first time period until a first parameter comprising a first predetermined time duration is reached, and to control the motor with a second conduction band value and a second advance angle value, at least one of which is greater than the first conduction band value and the first advance angle value, after the first time period, was known and within the skill of one having ordinary skill in the art before the effective filing date of the claimed invention. Therefore, the one having ordinary skill in the art would have had a reasonable expectation of success of modifying the impact power tool of Ishikawa ‘911 with the controller functions and needed structures of Vanko to perform the above functions. Moreover, the one having ordinary skill in the art would have been motivated to modify the impact power tool of Ishikawa ‘911 with the controller functions and needed structures of Vanko in order to reduce noise and/or lower harmonics in power tools through the use of conduction band control schemes.
Regarding claim 12, Ishikawa ‘911, as modified by Vanko, discloses the invention as recited in claim 11.
Ishikawa ‘911 discloses the first predetermined time period that is preset ([0091] describes the first mode for installing a fastener wherein during a predetermined time period or duration from when the rotation of the motor 4 is started upon the actuation of the trigger switch 21 (that is, when tightening of the screw is started) until the screw is seated, the motor 4 is in a no-load state and rotates at a high speed with a rotation number of approximately 22,500 per minute).
Regarding claim 13, Ishikawa ‘911, as modified by Vanko, discloses the invention as recited in claim 11.
The modified Ishikawa ‘911 discloses the first time period begins upon actuation of the power switch (Ishikawa ‘911 – 21, fig. 1) (With the incorporation of the teachings of Vanko with the invention of Ishikawa ‘911, the first time period begins with the actuation of the trigger switch 21 and the motor is energized until the fastener/screw is seated wherein during this time period, the conduction band and the advance angle would set at a conduction band of 120 degrees and an advance angle of 30 degrees, See claim 11).
Regarding claim 14, Ishikawa ‘911, as modified by Vanko, discloses the invention as recited in claim 11.
The modified Ishikawa ‘911 disclose the controller (Ishikawa ‘911 – 31, fig. 2 and Vanko – 106, fig. 2) is configured to control the motor (Ishikawa ‘911 – 4, fig. 1) with the second conduction band value and the second advance angle value until the power switch is released by a user ([0085] of Vanko describes when the load is increased above the threshold, the conduction band and the advance angle is adjusted to maintain a desired speed wherein [0080] describes this adjustment as the load increases as an increase in the conduction band and advance angle. Thus, with the incorporation of the teachings of Vanko with the invention of Ishikawa ‘911, after the screw is seated and the load is increased from a no-load state in Ishikawa, the conduction band and the advance angle would be increased to deliver more output power, as taught by Vanko. [0055] of Ishikawa ‘911 describes the trigger switch 21 as an on/off switch wherein [0078] of Ishikawa ‘911 describes the controller 31 controlling the motor 4 in accordance with the drive command from the trigger switch 21. Thus, the examiner deems after the fastener/screw is seated, the controller controls the motor with the second conduction band value and the second advance angle value until the trigger switch 21 is released by the user or, in other words, turned off), and is configured to control the motor with the fourth conduction band value and the fourth advance angle value until the power switch is released by the user ([0083] – [0084] describes during light load conditions, the conduction band and the advance angle is set at a conduction band of 120 degrees and an advance angle of 30 degrees. Thus, with the incorporation of the teachings of Vanko with the invention of Ishikawa ‘911, once the fastener/screw is loosened and the motor 4 is in a no-load state, the motor 4 would be considered to be in the light load condition below the threshold and the conduction band and the advance angle would be set at a conduction band of 120 degrees and an advance angle of 30 degrees, as taught by Vanko. [0055] of Ishikawa ‘911 describes the trigger switch 21 as an on/off switch wherein [0078] of Ishikawa describes the controller 31 controlling the motor 4 in accordance with the drive command from the trigger switch 21. Thus, the examiner deems that once the fastener/screw is loosened and the motor 4 is in a no-load state, the controller controls the motor with the fourth conduction band value and the fourth advance angle value until the trigger switch 21 is released by the user or, in other words, turned off).
Allowable Subject Matter
Claims 1 – 10 and 16 – 20 are allowed.
Claim 15 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Response to Arguments
Applicant’s arguments with respect to the claim interpretation under 35 USC 112(f) of the claim element, “an impact mechanism” have been fully considered and are persuasive. The claim element, “an impact mechanism”, is no longer being interpreted under 35 USC 112(f).
Regarding the indication the allowability of claim 12, applicant amended the limitation, “a first fixed time duration”, in claim 12 to read, “a first predetermined time duration”. This amendment changes the scope of the claim wherein “fixed” refers to a constant, unchanging interval, while “predetermined” can mean set in advance but possibly variable in practice. Due to this change, the indication of allowability for claim 12 is withdrawn.
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 DAVID G SHUTTY whose telephone number is (571)272-3626. The examiner can normally be reached 7:30 am - 5:30 pm, Monday - Friday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, SHELLEY SELF can be reached on 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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/DAVID G SHUTTY/Examiner, Art Unit 3731
30 September 2026
/SHELLEY M SELF/Supervisory Patent Examiner, Art Unit 3731
