Prosecution Insights
Last updated: April 19, 2026
Application No. 18/661,903

POWER TOOL

Non-Final OA §103
Filed
May 13, 2024
Examiner
DINH, THAI T
Art Unit
2846
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Nanjing Chervon Industry Co. Ltd.
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

§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 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 1-3 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Tanaka et al. (hereinafter Takana, JP 2019-083594 A). For claim 1, Takana discloses a power tool (Takana discloses a motor drive device which is silent for specifically disclosing a power tool. However, “a power tool” has not been given patentable weight because it has been held that a preamble is denied the effect of a limitation where the claim is drawn to a structure and the portion of the claim following the preamble is a self-contained description of the structure not depending for completeness upon the introductory clause. Kropa v. Robie, 88 USPQ 478 (CCPA 1951), so Takana’s motor control system can be used in power tool), comprising: an electric motor comprising a rotor and three-phase stator windings (Fig. 1 of Tanaka discloses an electric motor 4 comprising a rotor and three-phase stator windings – see Tanaka, Fig. 1, paragraph [0020]); a driver circuit having a plurality of semiconductor switching elements (Fig. 1 of Tanaka discloses a driver circuit 3 having a plurality of semiconductor switching elements 3a-3f – see Tanaka, Fig. 1, paragraph [0019]); a parameter detection module for detecting a working parameter of the operating electric motor (Fig. 1 of Tanaka discloses a parameter detection module 5,6 for detecting a working parameter of the operating electric motor 4 – see Tanaka, Fig. 1, paragraphs [0021]-[0022]); and a controller (Fig. 1 of Tanaka discloses current supply phase control means 8, The PWM control means 11, the waveform synthesis means 12 and the drive means 13 which altogether constitute a controller 8, 11-13), electrically connected to at least the driver circuit and the electric motor, configured to acquire the working parameter and, according to the working parameter, correct an electrical conduction angle of the stator windings of the operating electric motor (Figs. 1 and 9 of Tanaka disclose a controller 8, 11-13/103-105, electrically connected to at least the driver circuit 3 and the electric motor 4 via parameter detection module 5,6, configured to acquire the working parameter and, according to the working parameter, correct an electrical conduction angle of the stator windings of the operating electric motor 4 – see Tanaka, Figs. 1 and 9, paragraphs [0024]-[0026] and [0029]); wherein the electrical conduction angle of the stator windings is greater than 120° and less than 180° (see Tanaka, Figs. 2a-2b and 5, paragraphs [0007], [0013], [0039], [0047] and [0051]). For claim 2, Takana discloses the power tool of claim 1, wherein the working parameter comprises a phase voltage of a floating phase during a commutation process of the stator windings or a phase voltage or phase current when the stator windings are turned on (see Tanaka, Figs. 1, 2a-2b, paragraphs [0033]-[0034]). For claim 3, Takana discloses the power tool of claim 2, wherein the controller is configured to determine an actual commutation point of the stator windings during an operation process of the electric motor according to the phase voltage of the floating phase or the phase voltage when the stator windings are turned on and adjust the electrical conduction angle of the stator windings according to the actual commutation point (see Tanaka, Figs. 1, 2a-2b, paragraphs [0033]-[0036]). claim 15 is an apparatus claim which is similar to that of “the apparatus” claim 1. Explanation is omitted. Claims 4-13 and 16-20 are rejected under 35 U.S.C. 103 as being unpatentable over Tanaka et al. (hereinafter Takana, JP 2019-083594 A) in view of Kong et al. (hereinafter Kong, CN 109713949 A). For claim 4, Takana discloses all limitation as applied in claim 2above. Takana discloses the controller which is silent for determining an actual commutation point of the stator windings during an operation process of the electric motor according to the phase current when the stator windings are turned on. However, Kong discloses the controller which is configured to determine an actual commutation point of the stator windings during an operation process of the electric motor according to the phase current when the stator windings are turned on (see Kong, Figs. 1 and 7, paragraphs [0037]-[0040], [0047]-[0052] and [0088]). 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 Takana to incorporate teaching of Kong for purpose of enhancing energy efficiency. Takana in view of Kong disclose the controller which adjusts the electrical conduction angle of the stator windings according to the actual commutation point (see Takana, Figs. 1, 2a-2b, paragraphs [0012] and [0033]-[0039]). For claim 5, Takana discloses the power tool of claim 2, wherein the controller is configured to determine an intermediate parameter according to the phase voltage of the floating phase during the commutation process of the stator windings and the phase voltage when the stator windings are turned on and reduce the electrical conduction angle of the stator windings when the intermediate parameter is not within a preset parameter range (similar as explanation in cliam 4 above). For claim 6, Takana discloses all limitations as applied to claim 2 above. Takana discloses the controller which is silent for calculating a ratio of the phase voltage of the floating phase during the commutation process of the stator windings to the phase voltage when the stator windings are turned on and reduce the electrical conduction angle of the stator windings when the ratio is greater than a preset ratio. However, Kong discloses a controller (Fig. 1 of Kong discloses a controller 4) configured to calculate a ratio of the phase voltage of the floating phase during the commutation process of the stator windings to the phase voltage when the stator windings are turned on and reduce the electrical conduction angle of the stator windings when the ratio is greater than a preset ratio (see Kong, Figs. 1 and 7, paragraphs [0014], [0025], [0040], [0050]-[0057]). 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 Takana to incorporate teaching of Kong for purpose of reducing noise and vibration via suppressing torque ripple during the commutation. For claim 7, Takana in view of Kong disclosess the power tool of claim 6, wherein the electrical conduction angle of the stator windings is greater than 120° and less than 150° ° (see Tanaka, Figs. 2a-2b and 5, paragraphs [0007], [0013], [0039], [0047] and [0051]). For claim 8, Takana discloses all limiatation as applied in claim 1 above. Takana is silent for disclosing, during a working process of the electric motor, the stator windings have a first conduction manner in which two-phase windings commutate and are turned on and a second conduction manner in which the three-phase windings commutate and are turned on and the controller is configured to control the stating windings to switch from the first conduction manner to the second conduction manner when the working parameter is within a preset parameter range. However, Kong discloses, during a working process of the electric motor, the stator windings have a first conduction manner in which two-phase windings commutate and are turned on and a second conduction manner in which the three-phase windings commutate and are turned on and the controller is configured to control the stating windings to switch from the first conduction manner to the second conduction manner when the working parameter is within a preset parameter range (Figs. 1 and 7 of Kong discloses, during a working process of the electric motor 3, the stator windings have a first conduction manner “two-to-two conduction control mode” in which two-phase windings commutate and are turned on and a second conduction manner “two-to-two conduction and three-to-three conduction switching control mode” in which the three-phase windings commutate and are turned on and the controller is configured to control the stating windings to switch from the first conduction manner to the second conduction manner when the working parameter is within a preset parameter range – see Kong, Figs. 1 and 7, paragraphs [0014]-[0015], [0022], [0029] and [0040]). 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 Takana to incorporate teaching of Kong for purpose of reducing noise and vibration via suppressing torque ripple during the commutation. For claims 9 and 17, Takana in view of Kong disclose the power tool of claim 8 and/or claim 16, wherein the controller is configured to set a conduction time of the second conduction manner according to the working parameter and a rotational speed of the electric motor and control the stator windings to switch to the first conduction manner when the conduction time ends (Figs. 1 and 3 of Kong disclose the controller 4 configured to set a conduction time of the second conduction manner according to the working parameter from Hall sensor and sampling circuit 5/7 and a rotational speed of the electric motor 3 and control the stator windings to switch to the first conduction manner when the conduction time ends – see Kong, Figs. 1 and 3, paragraphs [0014]-[0015], [0022] and [0029]). For claims 10 and 19, Takana in view of Kong disclose the power tool of claim 8 and/or claim 18, wherein the controller is configured to calculate a ratio of the phase voltage of the floating phase during the commutation process of the stator windings to the phase voltage when the stator windings are turned on and, when the ratio is within a preset parameter range, control the stator windings to switch from the first conduction manner to the second conduction manner (see Kong, Figs. 1 and 7, paragraphs [0014]-[0015], [0022], [0029] and [0040]). For claim 11, Takana in view of Kong disclose the power tool of claim 8, wherein the controller is configured to acquire a power tool parameter, acquire the corresponding preset parameter range and a preset conduction angle according to the power tool parameter and a preset power tool parameter threshold, and control the working parameter to be within the preset parameter range so that the stator windings switch to the preset conduction angle corresponding to the preset parameter range (see Takana, Figs. 1 and 5, paragraphs [0023]-[0024] and [0045]-[0047]). For claim 12, Takana discloses the power tool of claim 11, wherein the power tool parameter comprises a battery pack voltage (Fig.1 of Takana discloses a power supply 1 which is an AC power source 1 – see Takana, Fig. 1, paragraph [0018]. Takana does not disclose a battery pack voltage. However, Kong discloses a battery pack voltage (Figs. 2-3 of Kong discloses a battery pack voltage Udc/1. 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 Takana’s power supply to use battery pack voltage as teaching of Kong for purpose of providing portale, flexible, and energy efficient power and quiet operation), and the preset power tool parameter threshold comprises a first voltage threshold and/or a second voltage threshold (Fig. 10 of Takana discloses power detection means 202 which is used to preset power tool parameter threshold comprising a first voltage threshold -- see Takana, Fig. 10, paragraph [0004]). For claim 13, Takana discloses the power tool of claim 11, wherein the power tool parameter comprises a battery pack capacity (Fig.1 of Takana discloses a battery pack capacity 2 – see Takana, Fig. 1, paragraph [0018]. Takana does not disclose a battery pack capacity. However, Kong discloses a battery pack capacity (Fig. 2 of Kong discloses a battery pack capacity comprising battery pack 1/Udc anc capacitor – see Kong, Fig. 2, paragraph [0082]). 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 Takana’s power supply capacity to use battery pack capacity as teaching of Kong for purpose of providing extended operational runtime and supporting higher continuous current discharge and improved efficiency), and the preset power tool parameter threshold comprises a first capacity threshold and/or a second capacity threshold (see Takana, Fig. 10, paragraph [0004]). For claim 16, Takana discloses a power tool tool (Takana discloses a motor drive device which is silent for specifically disclosing a power tool. However, “a power tool” has not been given patentable weight because it has been held that a preamble is denied the effect of a limitation where the claim is drawn to a structure and the portion of the claim following the preamble is a self-contained description of the structure not depending for completeness upon the introductory clause. Kropa v. Robie, 88 USPQ 478 (CCPA 1951), so Takana’s motor control system can be used in power tool), comprising: a power supply for supplying electrical energy (Fig.1 of Takana discloses a power supply 1 for supplying electrical energy – see Takana, Fig. 1, paragraph [0018]); an electric motor comprising a rotor and three-phase stator windings (Fig. 1 of Tanaka discloses an electric motor 4 comprising a rotor and three-phase stator windings – see Tanaka, Fig. 1, paragraph [0020]); a driver circuit having a plurality of semiconductor switching elements for switching a conduction number of the stator windings of the electric motor (Fig. 1 of Tanaka discloses a driver circuit 3 having a plurality of semiconductor switching elements 3a-3f elements for switching a conduction number of the stator windings of the electric motor 4 – see Tanaka, Fig. 1, paragraphs [0019]-[0020]); a parameter detection module for detecting a working parameter of the operating electric motor (Fig. 1 of Tanaka discloses a parameter detection module 5,6 for detecting a working parameter of the operating electric motor 4 – see Tanaka, Fig. 1, paragraphs [0021]-[0022]); and a controller (Fig. 1 of Tanaka discloses current supply phase control means 8, The PWM control means 11, the waveform synthesis means 12 and the drive means 13 which altogether constitute a controller 8, 11-13) electrically connected to at least the driver circuit and the electric motor (Figs. 1 and 9 of Tanaka disclose a controller 8, 11-13/103-105, electrically connected to at least the driver circuit 3 and the electric motor 4 via parameter detection module 5,6 – see Tanaka, Figs. 1 and 9, paragraphs [0024]-[0026] and [0029]), Takana is silent for disclosing, during a working process of the electric motor, the stator windings have a first conduction manner in which two-phase windings commutate and are turned on and a second conduction manner in which the three-phase windings commutate and are turned on and the controller is configured to acquire the working parameter and, when the working parameter is within a preset parameter range, control the stator windings to switch from the first conduction manner to the second conduction manner. However, Kong discloses, during a working process of the electric motor, the stator windings have a first conduction manner in which two-phase windings commutate and are turned on and a second conduction manner in which the three-phase windings commutate and are turned on and the controller is configured to control the stating windings to switch from the first conduction manner to the second conduction manner when the working parameter is within a preset parameter range (Figs. 1 and 7 of Kong discloses, during a working process of the electric motor 3, the stator windings have a first conduction manner “two-to-two conduction control mode” in which two-phase windings commutate and are turned on and a second conduction manner “two-to-two conduction and three-to-three conduction switching control mode” in which the three-phase windings commutate and are turned on and the controller is configured to control the stating windings to switch from the first conduction manner to the second conduction manner when the working parameter is within a preset parameter range – see Kong, Figs. 1 and 7, paragraphs [0014]-[0015], [0022], [0029] and [0040]). 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 Takana to incorporate teaching of Kong for purpose of reducing noise and vibration via suppressing torque ripple during the commutation. For claim 18, Takana in view of Kong disclose the power tool of claim 16, wherein the working parameter comprises a phase voltage of a floating phase during a commutation process of the stator windings and a phase voltage of a conduction phase of the stator windings (see Kong, Figs. 1 and 3, paragraphs [0087]-[0088]). For claim 20, Takana discloses the power tool of claim 18, wherein the working parameter further comprises the demagnetization time during the commutation process of the stator windings and the bus voltage of the electric motor; and the controller is configured to set the preset parameter range according to the demagnetization time or the bus voltage (see Takana, Fig. 1, paragraphs [0007]-[0008], [0010] and [0027]) . Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Tanaka et al. (hereinafter Takana, JP 2019-083594 A) in view of Kong et al. (hereinafter Kong, CN 109713949 A), further in view of White et al. (hereinafter White, US 2009/0015208 A1). For claim 14, Takana discloses all limitation as applied in claim 11 above. Takana is silent for disclosing the power tool of claim 11, wherein the power tool parameter comprises a battery pack temperature or a power tool temperature, and the preset power tool parameter threshold comprises a first temperature threshold and/or a second temperature threshold and a third temperature threshold and/or a fourth temperature threshold. However, White discloses the power tool parameter comprising a battery pack temperature, and the preset power tool parameter threshold comprises a first temperature threshold and/or a second temperature threshold and a third temperature threshold and/or a fourth temperature threshold (see Yahnker, Figs. 3-4, Abstract, paragraphs [0004], [0006], [0026] and [0036], and see claims 1, 4 and 8). 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 Takana in view of Kong to incorporate teaching of White for purpose of preventing efficiency loss or damage due to extreme hot or cold. 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

May 13, 2024
Application Filed
Feb 07, 2026
Non-Final Rejection — §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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