DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16th, 2013 is being examined under the first inventor to file provisions of the AIA .
Information Disclosure Sheet
The information disclosure statements (IDS’s) submitted on 03/18/2024, 03/28/2025, and 01/21/2026 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Claim Rejections – 35 USC §112(b)
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
Claims 14-15 and 18 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention.
Regarding claim 14, the claim recites, “The machine for drilling a hole and/or setting a screw…” However, claim 14 is an independent claim and therefore lacks the requisite antecedent basis for “The machine.” For purposes of examination, the claim will be interpreted as “A machine.”
Regarding claim 15, this claim is also rejected due to its dependence upon rejected claim 14.
Regarding claim 18, the claim is dependent upon claim 8 and recites, “generating the second signal when a predetermined time interval has lapsed after the first signal has been received.” In this claim, the trigger is a time interval. However, claim 8 recites, “generating the second signal when a torque around the setting axis applied to the shaft changes.” In claim 8, the trigger is a torque. It is unclear how the method generates the same “second signal” based on two completely different, and potentially mutually exclusive, triggers. For instance, are these alternative embodiments being improperly claimed together, or must both conditions be met simultaneously. Therefore, one having ordinary skill in the art would not recognize the metes and bounds of the claim.
Claim Rejections – 35 USC §102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless – (a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-3, 5-9, 11-13, 16-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sasaki (EP 1033204).
Regarding claim 1, Sasaki discloses a method for running a machine to drill a hole and/or set a screw along a setting axis into a workpiece (Figures 1 and 2, and described in ¶'s [0002] - [0003]), wherein the machine comprises a motor (Figure 2, 10) having a shaft (Shown in figure 2, described in ¶ [0027]), the method comprising:
generating a first signal when a force towards the machine along the setting axis applied to the shaft increases and/or a torque around the setting axis applied to the shaft increases (Described in ¶'s [0002] - [0003] & [0041] - [0042]); and,
changing rotational speed of the motor to a first rotational speed when the first signal is received (Described in ¶s' [0002] - [0003] & [0041] - [0042]).
Regarding claim 2, Sasaki further discloses providing electric current to the motor to rotationally drive the shaft at an idle speed (The electric motor being able to rotate at an idle speed is described in ¶ [0005] and described in claim 3); and,
changing the rotational speed of the motor from the idle speed to the first rotational speed when the first signal is received (Described in ¶'s [0002] - [0003] & [0041] - [0042]).
Regarding claim 3, Sasaki further discloses continuously determining a torque applied to the shaft by the motor (Described in ¶'s [0002] - [0003], [0024], and [0028] - [0032]); and,
generating the first signal when the torque exceeds a first threshold (Described in ¶'s [0028] - [0032]).
Regarding claim 5, Sasaki further discloses wherein changing the rotational speed to the first rotational speed comprises increasing the rotational speed (Described in ¶'s [0021] - [0024]).
Regarding claim 6, Sasaki further discloses wherein changing the rotational speed of the motor comprises starting the motor (Described in ¶'s [0021] - [0024] & [0026] - [0027]).
Regarding claim 7, Sasaki further discloses generating a second signal when the motor is operated at the first rotational speed; and, changing the rotational speed of the motor to a second rotational speed when the second signal is received (Described in ¶'s [0038] - [0044]).
Regarding claim 8, Sasaki further discloses generating the second signal when a torque around the setting axis applied to the shaft changes (Described in ¶'s [0038] - [0044]).
Regarding claim 9, Sasaki further discloses continuously determining the torque applied to the shaft by the motor; and, generating the second signal when the torque exceeds or falls below a second threshold (Described in ¶'s [0038] - [0044]).
Regarding claim 11, Sasaki further discloses generating the second signal when a predetermined time interval has lapsed after the first signal has been received (Described in ¶'s [0038] - [0044]).
Regarding claim 12, Sasaki further discloses wherein changing the rotational speed to the second rotational speed comprises decreasing the rotational speed (Described in ¶'s [0038] - [0044]).
Regarding claim 13, Sasaki further discloses wherein the first rotational speed is at least 6,800 RPM and at most 8,500 RPM (Described in ¶ [0024]).
Regarding claim 16, Sasaki further discloses wherein changing the rotational speed to the first rotational speed comprises increasing the rotational speed (Described in ¶'s [0002] - [0003] & [0041] - [0042]).
Regarding claim 17, Sasaki further discloses generating a second signal when the motor is operated at the first rotational speed; and, changing the rotational speed of the motor to a second rotational speed when the second signal is received (Described in ¶'s [0038] - [0044]).
Regarding claim 18, Sasaki further discloses generating the second signal when a predetermined time interval has lapsed after the first signal has been received (Described in ¶'s [0038] - [0044]).
Regarding claim 19, Sasaki further discloses wherein the first rotational speed is at least 6,800 RPM and at most 8,500 RPM (Described in ¶ [0024]).
Regarding claim 20, Sasaki further discloses wherein changing the rotational speed to the first rotational speed comprises increasing the rotational speed (Described in ¶'s [0024] & [0038] - [0044]).
Claim Rejections – 35 USC §103
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 4, 10, and 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over Sasaki in view of Rabe (US 2019/0070720 A1).
Regarding claim 4, Sasaki does not specifically teach wherein determining the torque applied to the shaft by the motor comprises determining an amperage of electric current provided to the motor.
Rabe teaches wherein determining the torque applied to the shaft by the motor comprises determining an amperage of electric current provided to the motor (Described in ¶ [0047]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Sasaki to incorporate the teachings of Rabe to include a controller for determining current amperage and controlling based off of such with the motivation of providing a well-known and automated method to control the tool motor based off of a user input, as recognized by Rabe in ¶’s [0046] – [0047].
Regarding claim 10, Sasaki does not specifically teach wherein determining the torque applied to the shaft by the motor comprises determining an amperage of electric current provided to the motor.
Rabe teaches wherein determining the torque applied to the shaft by the motor comprises determining an amperage of electric current provided to the motor (Described in ¶ [0047]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Sasaki to incorporate the teachings of Rabe to include a controller for determining current amperage and controlling based off of such with the motivation of providing a well-known and automated method to control the tool motor based off of a user input, as recognized by Rabe in ¶’s [0046] – [0047].
Regarding claim 14, Sasaki teaches the machine for drilling a hole and/or setting a screw along a setting axis into a workpiece (Figures 1 and 2, and described in ¶'s [0002] - [0003]), comprising:
a motor (Figure 2, 10) having a shaft (Shown in figure 2, described in ¶ [0027]).
Sasaki does not specifically teach a switch; a controller provided for generating a first signal when a force towards the machine along the setting axis applied to the shaft increases and/or a torque around the setting axis applied to the shaft increases, and changing rotational speed of the motor to a first rotational speed when the first signal is received.
Rabe teaches a switch (310); a controller (370) provided for generating a first signal when a force towards the machine along the setting axis applied to the shaft increases and/or a torque around the setting axis applied to the shaft increases, and changing rotational speed of the motor to a first rotational speed when the first signal is received (Described in ¶'s [0045] - [0047]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Sasaki to incorporate the teachings of Rabe to include a controller for determining current amperage and controlling based off of such with the motivation of providing a well-known and automated method to control the tool motor based off of a user input, as recognized by Rabe in ¶’s [0046] – [0047].
Regarding claim 15, Sasaki further teaches wherein the controller is further provided for one or more of: providing electric current to the motor to rotationally drive the shaft at an idle speed (The electric motor being able to rotate at an idle speed is described in ¶ [0005] and described in claim 3).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Hirabayashi (US 2015/0135907 A1) and Sexson (US 2017/0348037 A1) both teach relevant aspects of a screw fastening device.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JACOB A SMITH whose telephone number is (571) 272-3974 and email address is Jacob.Smith@uspto.gov. The examiner can normally be reached on M-F 7:30AM - 5:30PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anna Kinsaul can be reached at (571) 270-1926. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JACOB A SMITH/Examiner, Art Unit 3731
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