Prosecution Insights
Last updated: April 19, 2026
Application No. 18/690,148

Systems and Methods for Wireless Communication with a Stored Power Tool

Non-Final OA §103
Filed
Mar 07, 2024
Examiner
TORRES, JUAN A
Art Unit
2634
Tech Center
2600 — Communications
Assignee
Milwaukee Electric Tool Corporation
OA Round
1 (Non-Final)
87%
Grant Probability
Favorable
1-2
OA Rounds
2y 4m
To Grant
99%
With Interview

Examiner Intelligence

Grants 87% — above average
87%
Career Allow Rate
902 granted / 1032 resolved
+25.4% vs TC avg
Moderate +12% lift
Without
With
+12.3%
Interview Lift
resolved cases with interview
Typical timeline
2y 4m
Avg Prosecution
22 currently pending
Career history
1054
Total Applications
across all art units

Statute-Specific Performance

§101
13.2%
-26.8% vs TC avg
§103
33.3%
-6.7% vs TC avg
§102
16.0%
-24.0% vs TC avg
§112
19.7%
-20.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1032 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 . Information Disclosure Statement The information disclosure statement (IDS) submitted on 12/01/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Drawings The drawings are objected to because: The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference characters "106" (see figure 3A) and "108" (see figure 1) have both been used to designate Network. The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “106” has been used to designate both server (see figure 1) and network (see figure 3A). The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: “116” (see page 5 paragraph [0024]). The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: “635” (see page 24 paragraph [0078]). 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. Specification The disclosure is objected to because of the following informalities: The recitation in page 11 paragraph [0041] “manipulateable” seems to be improper because it is improperly constructed; it is suggested to be changed to “manipulatable” Appropriate correction is required. 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. Claims 1-22 are rejected under 35 U.S.C. 103 as being unpatentable over Tague (AU 2019246880 A1) in view of Hoppe (US 20190030705 A1). Regarding claim 1, Tague discloses a system for wirelessly communicating with a tool with (paragraph [0020], "The instructions selected for processor execution are loaded from a component remote to the tool. If the particular tool is a cordless tool, the instructions are transmitted by a wireless communications link."; Figure 17, blocks 546, 532, 30a), a tool storage system configured to store the tool (Figure 17, blocks 532, "docking station"; paragraph [0221], "in order to facilitate signal exchange the tool is seated in a docking station 532."); a wireless communication device coupled to the tool storage system (Figure 17, blocks 543 and item 546, paragraph [0221], "Docking station 532 has its own transceiver head 534. When the tool 30a is seated in the docking station 532, the two transceiver heads 530 and 534 are positioned close enough together to allow the signal exchange therebetween.", paragraph [0228], "Head 546 also serves as the head through which signals from a wired or wireless device, wireless pendant 548 illustrated, are received.") , the wireless communication device comprising a power source interface configured to selectively electrically couple to a power source a transceiver (implicitly disclosed by the presence of the transceiver 534); an antenna (paragraph [0222], "transceiver heads 530 and 534 are complementary RF antennae."); a processor (paragraph [0222], " In these versions of the invention each transceiver head 530 and 534 also includes the appropriate signal modulating and demodulating sub circuits to convert the exchanged signals between electrical and RF states."; paragraph [0223], "This signal exchange ... including such technologies as WiFi, Bluetooth") electrically coupled to the power source, the transceiver, and the antenna, the wireless communication device is configured to establish a first communication link with an external device, receive an indication that communications with the tool are to be carried out (paragraph [0228], "a surgeon enters a command by pressing touch screen buttons presented on pendant 548. These commands are broadcast to head 546. Head 546, in turn, converts these commands into digital signal packets"; paragraph [0249], "Once the surgeon 71 selected operating configuration steps 360 and 362 are executed. Steps 360 and 362 are executed by the remote unit forwarding the surgeon-selected operating configuring data to the docking station transceiver head 534"); and in response to the indication that communications with the tool are to be carried out, establish a wireless second communication link with the tool using the transceiver and antenna (paragraph [0249], "These data are then loaded into the appropriate locations in RAM memory 432 of the control module 40 (memory locations not shown). "; Figure 1A, item 40, Figure 13). PNG media_image1.png 407 599 media_image1.png Greyscale Tague doesn’t specifically disclose a tool storage system configured to store the tool. Hoppe discloses a tool storage system configured to store the tool (abstract, figures 1-83 paragraphs [0003] see also US 2014/0166516 A paragraph [0001] incorporated by reference figures 28-29). PNG media_image2.png 368 401 media_image2.png Greyscale Tague and Hoppe are analogous art because they are from the same field of communications. Before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to incorporate in the technique disclosed by Tague tool storage disclosed by Hoppe. The suggestion/motivation for doing so would have been conveniently store and organize tools and accessories (Hoppe paragraph [0003]). See also KSR. In the KSR case, the Court stated that in certain circumstances what is obvious to try is also obvious, such as where "there is a design need or market pressure to solve a problem, and there are a finite number of identified, predictable solutions, a person of ordinary skill has good reason to pursue the known options within his or her technical grasp. If this leads to the anticipated success, it is likely the product not of innovation but of ordinary skill and common sense." Regarding hindsight, the Court found that "[r]igid preventive rules that deny fact finders recourse to common sense . . . are neither necessary under our case law nor consistent with it." The Court stated that "familiar items may have obvious uses beyond their primary purposes," analogizing an obvious invention to the fitting together of pieces to a puzzle. The Court in this regard further stated that the person of ordinary skill is also a person of ordinary creativity, and not "an automaton." Regarding claim 2, Tague and Hoppe discloses claim 1, Hoppe also discloses a tool box including a base defining a volume and a lid (figure 1). Tague also discloses the power source interface, the transceiver, the antenna, and the processor (paragraph [0249], "These data are then loaded into the appropriate locations in RAM memory 432 of the control module 40 (memory locations not shown). "; Figure 1A, item 40, Figure 13) Regarding claim 3, Tague and Hoppe discloses claim 2, Hoppe also discloses a tool box including a base defining a volume and a lid (figure 1). Tague also discloses the antenna is one of a plurality of antennas arranged and the wireless communication device is configured to communicate with the tool using each of the plurality of antennas (paragraph [0222], "transceiver heads 530 and 534 are complementary RF antennae" antennae is plural of antenna). See also MPEP 2144.04.VI.B. reversal, duplication, or rearrangement of parts; more tools will need more antennae. Regarding claim 4, Tague and Hoppe discloses claim 3, before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art the plurality of antennas are integrated into a mat that is supported by the tool box within the volume (paragraph [0222], "transceiver heads 530 and 534 are complementary RF antennae."). See also MPEP 2144.04.VI.B reversal, duplication, or rearrangement of parts. more tools will need more antennae. See also KSR just an option of a limited number of possibilities six sides of the box an. inside or outside where to put the antennae in the box Regarding claim 5, Tague and Hoppe discloses claim 3, before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art the antenna is one of a plurality of antennas arranged into a pattern in the tool box, and wherein the wireless communication device is configured to establish the wireless second communication link with the tool using a first antenna of the plurality of antennas and is configured to establish a wireless third communication link with another tool stored in the tool box using a second antenna of the plurality of antennas (Tague paragraph [0222], "transceiver heads 530 and 534 are complementary RF antennae"). See also MPEP 2144.04.VI.B. reversal, duplication, or rearrangement of parts is obvious, more tools will need more antennae. See also KSR just an option of a limited number of possibilities six sides of the box an. inside or outside where to put the antennae in the box. Regarding claim 6, Tague and Hoppe discloses claim 1, Tague also discloses an antenna electrically coupled to the tool such that the system provides power to the tool (paragraph [0222], " Alternatively, transceiver heads 530 and 534 are complementary RF antennae. In these versions of the invention each transceiver head 530 and 534 also includes the appropriate signal modulating and demodulating sub circuits to convert the exchanged signals between electrical and RF states"). Regarding claim 7, Tague and Hoppe discloses claim 6, Tague also discloses a near-field communication (NFC) link (paragraph [0222], "The transceiver heads 530 and 534 are complementary coils that allow inductive signal transfer"). Regarding claim 8, Tague and Hoppe discloses claim 1, Tague also discloses a Bluetooth link, a Wi-Fi link, or a cellular link (paragraph [0223], " his signal exchange by the exchange of light including infra-red pulses, radio waves, including such technologies as WiFi, Bluetooth or G3, or electromagnetic pulses."). Regarding claim 9, Tague and Hoppe discloses claim 1, Tague also discloses establish the first communication link using the antenna (paragraph [0228], "Head 546 also serves as the head through which signals from a wired or wireless device, wireless pendant 548 illustrated, are received ... These commands are broadcast to head 546.") Regarding claim 10, Tague and Hoppe discloses claim 1, Tague also discloses receive, via the second communication link using the transceiver and the antenna, data from the tool; and transmit, via the first communication link, the data to the external device (paragraph [0228], "Head 546 also serves as the head through which signals from a wired or wireless device, wireless pendant 548 illustrated, are received ... These commands are broadcast to head 546.") Regarding claim 11, Tague and Hoppe discloses claim 10, Tague also discloses tool operation data associated with the tool (paragraph [0236] "DSP 170 also provides the remote unit with data indicating the operating speed of tool motor 34") Regarding claim 12, Tague and Hoppe discloses claim 1, Tague also discloses receive data, via the first communication link, from the external device and transmit, via the second communication link using the transceiver and the antenna, the data to the tool ([0228], "Head 546 also serves as the head through which signals from a wired or wireless device, wireless pendant 548 illustrated, are received ... These commands are broadcast to head 546." paragraph [0228], "Head 546 also serves as the head through which signals from a wired or wireless device, wireless pendant 548 illustrated, are received ... These commands are broadcast to head 546.") Regarding claim 13, Tague and Hoppe discloses claim 12, Tague also discloses firmware update or software update to be installed by the tool (paragraph [0249], "These data are then loaded into the appropriate locations in RAM memory 432 of the control module 40 (memory locations not shown). "; Fig. 1A, item 40, Fig. 13).") Regarding claim 14, Tague and Hoppe discloses claim 1, Tague also discloses at least one selected from the group of a battery, a power line, the external device providing power wirelessly, or the tool providing power wirelessly (title paragraph [0004], [0013], [0070] "This tool has a battery that serves as the power source" figure 35 block 34) Regarding claim 15, Tague and Hoppe discloses claim 1, Tague also discloses one or more of a motorized power tool, a non-motorized power tool, or a hand tool (title paragraph [0002]-[0003], [0013], [0070] “In modern surgery, one of the most important instruments available to medical personnel is the powered surgical tool. Often this tool is in the form of a drill unit in which a motor is housed” … "As the name implies, this tool has a battery that serves as the power source for the motor " figure 35 block 34) Regarding claim 16, Tague and Hoppe discloses claim 1, Tague also discloses establish a wireless third communication link with another tool using the transceiver and antenna (paragraph [0222], " Alternatively, transceiver heads 530 and 534 are complementary RF antennae. In these versions of the invention each transceiver head 530 and 534 also includes the appropriate signal modulating and demodulating sub circuits to convert the exchanged signals between electrical and RF states.") Regarding claim 17, Tague discloses establishing, by a wireless communication device coupled to a tool a first communication link with an external device (Figure 17, blocks 543 and item 546, paragraph [0221], "Docking station 532 has its own transceiver head 534. When the tool 30a is seated in the docking station 532, the two transceiver heads 530 and 534 are positioned close enough together to allow the signal exchange therebetween.", paragraph [0228], "Head 546 also serves as the head through which signals from a wired or wireless device, wireless pendant 548 illustrated, are received."); receiving, by the wireless communication device, an indication that communications with the power tool are to be carried out (paragraph [0228], "a surgeon enters a command by pressing touch screen buttons presented on pendant 548. These commands are broadcast to head 546. Head 546, in turn, converts these commands into digital signal packets"; paragraph [0249], "Once the surgeon 71 selected operating configuration steps 360 and 362 are executed. Steps 360 and 362 are executed by the remote unit forwarding the surgeon-selected operating configuring data to the docking station transceiver head 534"); and in response to the indication that communications with the power tool are to be carried out, establishing, by the wireless communication device, a wireless second communication link with the power tool using a transceiver and antenna of the wireless communication device (paragraph [0249], "These data are then loaded into the appropriate locations in RAM memory 432 of the control module 40 (memory locations not shown). "; Figure 1A, item 40, Figure 13). Tague doesn’t specifically disclose a tool storage system configured to store the tool. Hoppe discloses a tool storage system configured to store the tool (abstract, figures 1-83 paragraphs [0003] see also US 2014/0166516 A paragraph [0001] incorporated by reference figures 28-29). Tague and Hoppe are analogous art because they are from the same field of communications. Before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to incorporate in the technique disclosed by Tague tool storage disclosed by Hoppe. The suggestion/motivation for doing so would have been conveniently store and organize tools and accessories (Hoppe paragraph [0003]). See also KSR above. Regarding claim 18, Tague and Hoppe discloses claim 17, Hoppe also discloses a tool box including a base defining a volume and a lid (figure 1). Tague also discloses receiving and supporting the wireless communication device (paragraph [0249], "These data are then loaded into the appropriate locations in RAM memory 432 of the control module 40 (memory locations not shown). "; Figure 1A, item 40, Figure 13) Regarding claim 19, Tague and Hoppe discloses claim 18, Hoppe also discloses a tool box including a base defining a volume and a lid (figure 1). Tague also discloses the antenna is one of a plurality of antennas arranged and the wireless communication device is configured to communicate with the tool using each of the plurality of antennas (paragraph [0222], "transceiver heads 530 and 534 are complementary RF antennae" antennae is plural of antenna). See also MPEP 2144.04.VI.B. reversal, duplication, or rearrangement of parts; more tools will need more antennae. Regarding claim 20, Tague and Hoppe discloses claim 19, before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art the plurality of antennas are integrated into a mat that is supported by the tool box within the volume (paragraph [0222], "transceiver heads 530 and 534 are complementary RF antennae."). See also MPEP 2144.04.VI.B reversal, duplication, or rearrangement of parts. more tools will need more antennae. See also KSR just an option of a limited number of possibilities six sides of the box an. inside or outside where to put the antennae in the box Regarding claim 21, Tague and Hoppe discloses claim 18, before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art the antenna is one of a plurality of antennas arranged into a pattern in the tool box, and wherein the wireless communication device is configured to establish the wireless second communication link with the tool using a first antenna of the plurality of antennas and is configured to establish a wireless third communication link with another tool stored in the tool box using a second antenna of the plurality of antennas (Tague paragraph [0222], "transceiver heads 530 and 534 are complementary RF antennae"). See also MPEP 2144.04.VI.B. reversal, duplication, or rearrangement of parts is obvious, more tools will need more antennae. See also KSR just an option of a limited number of possibilities six sides of the box an inside or outside where to put the antennae in the box. Regarding claim 22, Tague and Hoppe discloses claim 17, Tague also discloses inductively coupling, by the antenna, to an antenna electrically coupled to the tool and providing power, by the wireless communication device, to the tool via the inductive coupling (paragraph [0222], " Alternatively, transceiver heads 530 and 534 are complementary RF antennae. In these versions of the invention each transceiver head 530 and 534 also includes the appropriate signal modulating and demodulating sub circuits to convert the exchanged signals between electrical and RF states" … "The transceiver heads 530 and 534 are complementary coils that allow inductive signal transfer"). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Martinez (US 20140166516 A1) discloses tool storage devices. Lifshitz (US 20120326406 A1) discloses modular rolling container assembly. Vetter (US 20210266718 A1) discloses systems and methods for retrofit wireless communications in power tools. Hoossainy (US 20190043292 A1) discloses power tool with irreversibly lockable compartment. Hoppe (US 20190225371 A1) discloses tool storage. Plato (US 20200284425 A1) discloses storage unit with light-emitting components. Mergener (US 20200147771 A1) discloses power tool communication system. Wenger (US 20160226278 A1) discloses power tool battery pack and system. Any inquiry concerning this communication or earlier communications from the examiner should be directed to JUAN A TORRES whose telephone number is (571) 272-3119. The examiner can normally be reached M-F 9-5. 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, Kenneth N Vanderpuye can be reached at (571) 272-3078. 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. /JUAN A TORRES/ Primary Examiner, Art Unit 2634
Read full office action

Prosecution Timeline

Mar 07, 2024
Application Filed
Feb 21, 2026
Non-Final Rejection — §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
87%
Grant Probability
99%
With Interview (+12.3%)
2y 4m
Median Time to Grant
Low
PTA Risk
Based on 1032 resolved cases by this examiner. Grant probability derived from career allow rate.

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