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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 01/22/2026 has been entered.
Election/Restrictions
Claims 42 and 45-48 are directed to an invention that is independent or distinct from the invention originally claimed for the following reasons: Due to their mutually exclusive characteristics (different arrangements of structural members attached to an apparatus having end effector and methods of using the device(s)) the inventions require a different field of search (e.g., searching different classes/subclasses or electronic resources, or employing different search queries); and/or the prior art applicable to one invention would not likely be applicable to another species; and/or the species are likely to raise different non-prior art issues under 35 U.S.C. 101 and/or 35 U.S.C. 112. the apparatus (gateway device) can be used as a different training aid/method for how to operate the communication devices correctly, perform maintenance, start/stop, and/or emergency communication procedure methods. Also, the method could implore steps not required by the apparatus.
Since applicant has received an action on the merits for the originally presented invention, this invention has been constructively elected by original presentation for prosecution on the merits. Accordingly, claims 42-48 are withdrawn from consideration as being directed to a non-elected invention. See 37 CFR 1.142(b) and MPEP § 821.03.
To preserve a right to petition, the reply to this action must distinctly and specifically point out supposed errors in the restriction requirement. Otherwise, the election shall be treated as a final election without traverse. Traversal must be timely. Failure to timely traverse the requirement will result in the loss of right to petition under 37 CFR 1.144. If claims are subsequently added, applicant must indicate which of the subsequently added claims are readable upon the elected invention.
Should applicant traverse on the ground that the inventions are not patentably distinct, applicant should submit evidence or identify such evidence now of record showing the inventions to be obvious variants or clearly admit on the record that this is the case. In either instance, if the examiner finds one of the inventions unpatentable over the prior art, the evidence or admission may be used in a rejection under 35 U.S.C. 103 or pre-AIA 35 U.S.C. 103(a) of the other invention.
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 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 8 and 49-52 is/are under 35 U.S.C. 103 as obvious over Myhill (US 20180071907 A1) in view of Kwan (EP 3764597 A1) in view of SUZUKI (US 20160175895 A1) and further in view of Kuhlenbeck et al. (US 20220055169 A1).
Regarding claims 8 and 49-52, Myhill discloses a gateway device (120 [0018-0020], figs. 1 and 3) for communication with power tool devices (130 [0003, 0036]), the gateway device comprising an electronic controller (110 [0018]) coupled to a communications interface and including a processor (two-way communication [0018-0020]) and
Myhill fails to disclose the communications interface including a first transceiver-converter pair and a second transceiver-converter pair the first transceiver-converter pair dedicated to a first frequency channel and including a first transceiver coupled to a first signal converter, the second transceiver-converter pair dedicated to a second frequency channel and including a second transceiver coupled to a second signal converter; and the electronic controller coupled to the communications interface and including a processor, the electronic controller configured to: establish, via the communications interface, a first communication link with a first power tool device (10) via the first transceiver-converter pair and a second communication link with a second power tool device via the second transceiver-converter pair; and communicate, via the communications interface, data with the first power tool device and the second power tool device in parallel over the first communication link and the second communication link, wherein communication with the first power tool device occurs with the first transceiver-converter pair and the first frequency channel, and wherein communication with the second power tool device occurs with the second transceiver-converter pair and the second frequency channel and receive both first data from the first power tool device via the first communication link and second data from the second power tool device via the second communication link; and transmit, in parallel, both third data to the first power tool device via the first communication link and fourth data to the second power tool device via the second communication link and wherein the first transceiver- converter pair operates separately from the second transceiver-converter pair, and wherein the second transceiver-converter pair operates separately from the first transceiver-converter pair and the first data comprises a first location associated with the first power tool device; the second data comprises a second location associated with the second power tool device; and the electronic controller is further configured to transmit the first location and the second location to a server.
Kwan teaches a gateway device (105 in figures 3 and 4B) comprising: a communications interface (210, [0030], fig. 4B) including a transceiver-converter pair, the transceiver-converter pair including a transceiver coupled to a signal converter (multiple channel radio integrated circuit 210 sends/receives data over one or more channels in paragraph [0031]); and an electronic controller (200 fig. 4B) coupled to the communications interface and including a processor, the electronic controller configured to: sequentially scan, via the communication interface, through a plurality of frequency channels, each frequency channel associated with a device of a plurality of devices (gateway 105 connected via frequency channels to devices 115a and 115b in fig. 3); and communicate, via the communication interface, data with each of the devices of the plurality of devices (105- 115a and 115b in fig. 3), wherein the communication with each respective device of the plurality of devices occurs with the frequency channel associated with the respective device and with the transceiver converter pair (multiple channel radio integrated circuit 210 sends/receives data over one or more channels or all channels through the antenna 220 [0031], figs. 1-7).
SUZUKI also teaches a communications interface including a first transceiver-converter pair (30/32, frequency changing unit 24/output changing unit 26 [0084]) and a second transceiver-converter pair (70/72, frequency changing unit 64/sensitivity changing unit 66 [0096-0097]) the first transceiver-converter pair dedicated to a first frequency channel and including a first transceiver coupled to a first signal converter, the second transceiver-converter pair dedicated to a second frequency channel and including a second transceiver coupled to a second signal converter (any of CH1 to CH78/pairing request and transmission prohibition SW36/SW74 [0084-0100], figs. 2-7); and an electronic controller (20/microprocessor (MPU) [0087]) coupled to the communications interface and including a processor, the electronic controller configured to: establish, via the communications interface, a first communication link with a first power tool device (10) via the first transceiver-converter pair and a second communication link with a second power tool device (dust collector 50 and other tools [0026]) via the second transceiver-converter pair; and
communicate, via the communications interface, data with the first power tool device and the second power tool device in parallel over the first communication link and the second communication link, wherein communication with the first power tool device occurs with the first transceiver-converter pair and the first frequency channel, and wherein communication with the second power tool device occurs with the second transceiver-converter pair and the second frequency channel (two electric power tools with different channels paring to second/another channel of dust collector wherein the first transceiver- converter pair operates separately from the second transceiver-converter pair, and wherein the second transceiver-converter pair operates separately from the first transceiver-converter pair ([0032-0043]).
Kuhlenbeck et al. further teaches a tool intelligent tool detection/communicaiton system (figs. 1-17) with a gateway device (processing device 104/1604/1704 [0074-0077] having a processor 510, converter 506 figs. 1 and 5) with digital interfaces that “may be implemented by digital interface 516 include parallel interfaces” [0080] and multiplexed communication links [0129] which receives data from a plurality of tools and tool trays having tools - data hopping communication chain [0050-0052,0081-0082, 0097-0099, 0128-0129], figs 1-5 and 16-17) and Kuhlenbeck et al. also teaches a first data comprises a first location associated with the first power tool device; a second data comprises a second location associated with the second power tool device; and the electronic controller is further configured to transmit the first location and the second location to a server (distance of tool and locations of tools on the tray, data sent to server [0086,0138], claims 6 and 16)
Given the teachings of Myhill to have a gateway device for communication device with power tool devices, it 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 to modify the communication device with including a first transceiver-converter pair and a second transceiver-converter pair the first transceiver-converter pair dedicated to a first frequency channel and including a first transceiver coupled to a first signal converter, the second transceiver-converter pair dedicated to a second frequency channel and including a second transceiver coupled to a second signal converter; and the electronic controller coupled to the communications interface and including a processor, the electronic controller configured to: establish, via the communications interface, a first communication link with a first power tool device via the first transceiver-converter pair and a second communication link with a second power tool device via the second transceiver-converter pair; and communicate, via the communications interface, data with the first power tool device and the second power tool device in parallel over the first communication link and the second communication link, wherein communication with the first power tool device occurs with the first transceiver-converter pair and the first frequency channel, and wherein communication with the second power tool device occurs with the second transceiver-converter pair and the second frequency channel and receive both first data from the first power tool device via the first communication link and second data from the second power tool device via the second communication link; and transmit, in parallel, both third data to the first power tool device via the first communication link and fourth data to the second power tool device via the second communication link and wherein the first transceiver- converter pair operates separately from the second transceiver-converter pair, and wherein the second transceiver-converter pair operates separately from the first transceiver-converter pair and the first data comprises a first location associated with the first power tool device; the second data comprises a second location associated with the second power tool device; and the electronic controller is further configured to transmit the first location and the second location to a server for more precise operation of the tool, communicate with a plurality of tools more efficiently using more independent channels, more provide data/controls (obtain correct tool) for more precise action on a workpiece (avoid overshoot/damage to the workpiece and safety protocols), security, safety, and/or for feedback purposes as taught by Kwan, SUZUKI and Kuhlenbeck et al. and/or to have a data hopping communication chain as further taught and evidenced by Kuhlenbeck et al.
Allowable Subject Matter
Claims 9-10, 12-14, and 53 are 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.
As allowable subject matter has been indicated, applicant's reply must either comply with all formal requirements or specifically traverse each requirement not complied with. See 37 CFR 1.111(b) and MPEP § 707.07(a).
Reasons for Allowable Subject Matter
The following is an examiner’s statement of reasons for allowance: the prior art of record fails to teach or render obvious a surgical stapling device comprising all the structural and functional limitations and further comprising, amongst other limitations/features, an elongate body; and a tool assembly pivotally connected to the elongate body, the tool assembly including an anvil assembly; a cartridge assembly pivotally secured relative to the anvil assembly, a clamping member slidably disposed along the anvil assembly and the cartridge assembly and moveable along the longitudinal axis of the cartridge from a first position to a second position; a first cable configured to advance the clamping member along the anvil and cartridge assemblies from the first position to the second position; and a second cable configured to retract the clamping member along the anvil and cartridge assemblies, wherein retraction of the first cable advances the clamping member from the first position to the second position and retraction of the second cable retracts the clamping member from the second position to the first position.. Though Myhill and the prior art of record teaches similar communication gateway device(s) and interface(s), it would not be obvious to modify the communication gateway device(s) and interface(s), to add data transfer in parallel over the first and second communication links, covert the data and receive the data in different channels. Having the efficiency and speed of a plurality of tools communicating with a gateway device in the same area improves the updated data/information process more efficiently and colllecitvely.
While various features of the claimed subject matter are found individually in the prior art, a skilled artisan would have to include knowledge gleaned only from the applicant's disclosure to combine or modify the teachings of the prior art to produce the claimed subject matter, and thus obviousness would not be proper. See In re McLaughlin, 443 F.2d 1392, 170 USPQ 209 (CCPA 1971). There is no teaching, suggestion, or motivation found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art to combine or modify the teachings of the prior art to produce the claimed invention, and thus obviousness would not be proper. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007).
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.”
Response to Arguments
Applicant’s arguments with respect to claim(s) 8-10, 12-14 and 49-53 have been considered but are moot because the new ground of rejection does not rely on all references applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
US 6535979 B1 - radio system whose terminals can communicate with other transceivers using one or more parallel radio bearers
US 20200306927 A1 - Communication interface with sensors disposed in abrasive/tool products 1122/1330 and wearable devices 1124/1320
US 20080127711 A1- tool communication device using serial or parallel communications [0125]
Madlener et al. (US 7242319 B2) – gateway device (receiving station 7) with transmitting and receiving device with selected transmission channel(s) to allow communication between a measurement probe 1 and the receiving station 7 “transmission channel of the receiving station must correspond to the receiving channel of the measurement probe” channel can be set with manual control knob 11 and receiving station 7 by manual control knob 12 and “receiving station 7 checks the transmission channels … channels are listed sorted on the basis of the interference signal levels” and see references cited, form 892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT LONG whose telephone number is (571)270-3864. The examiner can normally be reached M-F, 9am-5pm, 8-9pm (EST).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, SHELLEY SELF can be reached at (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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/ROBERT F LONG/ Primary Examiner, Art Unit 3731
Prosecution Insights