DETAILED ACTION
This office action is in response to remarks filed on 07/30/2026. Claims 1-13 are pending.
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 .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1 & 8 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 & 8 respectively of U.S. Patent No. 12051930. Although the claims at issue are not identical, they are not patentably distinct from each other because all of the limitations in the claims of the application are encompassed in the claims of the patent and are read to be the same invention.
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 1, 4, 5, 8, 9, 10, and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Obermann et al. US 20210091687 A1 (Hereinafter “Obermann”), in view of Xu et al. 201910696822 via English translation US 20220115966 A1 (Hereinafter “Xu”).
Regarding Claim 1, Obermann teaches a power tool (Fig. 1, 100) comprising:
a housing (Fig. 1, 102) including a battery receiving portion (Fig. 1, 114) configured to receive a removeable power tool battery pack (Fig. 3A, 122) and a motor housing (Fig. 1, 106);
a brushless direct-current (BLDC) motor (Fig. 2, 126) disposed within the motor housing, the motor including a stator and a rotor;
a power switch circuit (Fig. 2, 124) disposed between the battery receiving portion and the motor; and
a controller (Fig. 2, 130) configured to control switching operation of the power switch circuit to regulate a supply of power from the battery pack to the motor the controller is configured to detect position of the rotor in a sensorless manner by applying a plurality of voltage pulses to the motor, measuring a corresponding plurality of motor phase current values, and identifying a rotor sector position corresponding based on the plurality of motor phase current values ([0025] & [0027]),
the controller being further configured to identify a characteristic of the battery pack as a function of the plurality of motor phase current values ([0035]).
Obermann does not explicitly disclose wherein at tool start-up, the controller is configured to detect an initial position of the rotor in a sensorless manner by applying a plurality of voltage pulses to the motor,
However, Xu teaches wherein at tool start-up, the controller is configured to detect an initial position of the rotor in a sensorless manner by applying a plurality of voltage pulses to the motor (Xu [0035-0036]),
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to implement at tool start-up, the controller is configured to detect an initial position of the rotor in a sensorless manner by applying a plurality of voltage pulses to the motor as taught by Xu, in the controller of Obermann, for the purpose to accurately estimate the initial rotational position of the rotor [Xu 0035].
Regarding Claim 2, Obermann in view of Xu teaches the power tool of claim 1, where the motor includes three phases and the plurality of phase current values includes six current signals (Xu Fig. 10; 60 degrees, you have six current signals. 60, 120, 180, 240, 300 and 360 which is a full cycle).
Regarding Claim 4, Obermann in view of Xu teaches the power tool of claim 1, wherein the controller is further configured to apply a high magnitude voltage pulse to a sector of rotor orientation corresponding to the initial position of the rotor relative to the stator (Obermann [0027], back emf) and measure a corresponding high- magnitude current value (Obermann [0035]).
Regarding Claim 5, Obermann in view of Xu teaches the power tool of claim 4, wherein the controller is further configured to monitor a bus voltage drop on a bus line provided between the battery receiving portion and the power switch circuit, and identify the characteristic of the battery pack including at least one of an impedance or a capacity of the battery pack as a function of the high- magnitude current value and the bus voltage drop (Obermann [0035]).
Regarding Claim 8, Obermann teaches a power tool (Fig. 1, 100) comprising:
a housing (Fig. 1, 102) including a battery receiving portion (Fig. 1, 114) configured to receive a removeable power tool battery pack (Fig. 3A, 122) and a motor housing (Fig. 1, 106);
a brushless direct-current (BLDC) motor (Fig. 3A, 126) disposed within the motor housing, the motor including a stator and a rotor;
a power switch circuit (Fig. 3A, 124) disposed between the battery receiving portion and the motor;
a bus line (Fig. 3A, 156) provided between the battery receiving portion and the power switch circuit; and
a controller (Fig. 2, 130) configured to control switching operation of the power switch circuit to regulate a supply of power from the battery pack to the motor, wherein the controller is configured to detect position of the rotor in a sensorless manner by applying a plurality of voltage pulses to the motor, measuring a corresponding plurality of motor phase current values, and identifying a rotor sector position corresponding based on the plurality of motor phase current values ([0025] & [0027]),
the controller being further configured to apply a high magnitude voltage pulse to a sector of rotor orientation corresponding to the position of the rotor relative to the stator ([0025]), measure a corresponding high-magnitude current value, and identify a characteristic of the battery pack as a function of the high-magnitude current value ([0035]).
Obermann does not expressly disclose wherein the controller is configured to detect an initial position of the rotor in a sensorless manner by applying a plurality of voltage pulses to the motor,
However, Xu teaches the controller is configured to detect an initial position of the rotor in a sensorless manner by applying a plurality of voltage pulses to the motor (Xu [0035-0036]),
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to implement the controller is configured to detect an initial position of the rotor in a sensorless manner by applying a plurality of voltage pulses to the motor as taught by Xu, in the controller of Obermann, for the purpose to accurately estimate the initial rotational position of the rotor [Xu 0035].
Regarding Claim 9, Obermann in view of Xu teaches the power tool of claim 8, wherein the controller is further configured to monitor a bus voltage drop on the bus line, and identify the characteristic of the battery pack including at least one of an impedance or a capacity of the battery pack as a function of the high-magnitude current value and the bus voltage drop (Obermann [0035]).
Regarding Claim 10, Obermann in view of Xu teaches the power tool of claim 8, wherein the controller is further configured to identify characteristic of the battery pack including at least one of an impedance or a capacity of the battery pack as a function of the plurality of phase current values (Obermann [0035]).
Regarding Claim 11, Obermann in view of Xu teaches the power tool of claim 10, wherein the controller is configured to measure a bus voltage of the bus line and calculate a battery identifier as a function of the high- magnitude current value, the plurality of phase current values, and the bus voltage (Obermann [0035]).
Allowable Subject Matter
Claims 3, 6-7, and 12-13 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.
Response to Arguments
Applicant’s arguments filed 07/30/2026, with respect to the rejections of claims have been fully considered and are persuasive. Applicant argues that Obermann does not teach no pulse-based startup sequence, unrelated braking operation, and distinct battery impedance.
However, upon further consideration, a new ground of rejection 35 USC § 103 is made using Oberman, in view of Xu. Obermann teaches emf detection for rotor position; and the system impedance is then determined based on the power source impedance and the motor impedance. Xu teaches initial rotation position detection.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CORTEZ M COOK whose telephone number is (571)270-7954. The examiner can normally be reached Monday-Thursday 7:30-5pm.
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/CORTEZ M COOK/ Primary Examiner, Art Unit 2846
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