Prosecution Insights
Last updated: May 29, 2026
Application No. 18/775,022

IMPACT TOOL

Non-Final OA §103
Filed
Jul 17, 2024
Priority
Jul 18, 2023 — CN 202321886188.5 +2 more
Examiner
LONG, ROBERT FRANKLIN
Art Unit
3731
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Nanjing Chervon Industry Co. Ltd.
OA Round
3 (Non-Final)
72%
Grant Probability
Favorable
3-4
OA Rounds
1y 3m
Est. Remaining
93%
With Interview

Examiner Intelligence

Grants 72% — above average
72%
Career Allowance Rate
798 granted / 1109 resolved
+2.0% vs TC avg
Strong +21% interview lift
Without
With
+20.9%
Interview Lift
resolved cases with interview
Typical timeline
3y 1m
Avg Prosecution
48 currently pending
Career history
1175
Total Applications
across all art units

Statute-Specific Performance

§103
75.0%
+35.0% vs TC avg
§102
13.6%
-26.4% vs TC avg
§112
7.6%
-32.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1109 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 . Response to Amendment The amendment filed 03/02/2026 has been entered. Claims 1-20 are pending in the application. 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. 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) 1-13 and 15-20 is/are rejected under 35 U.S.C. 103 as obvious over FRIEDMAN et al. (US 20220193868 A1) in view of Huber et al. (US 20160325415 A1) and further in view of Soshin et al. (US 5154242 A). Regarding claims 1, 15-16, and 20, FRIEDMAN et al. discloses an impact tool (10), comprising: an electric motor (20) comprising a drive shaft rotating about a first axis (motor shaft/transmission 23); an output shaft (26) for outputting torque; an impact mechanism (24) for applying an impact force to the output shaft, wherein the impact mechanism comprises an impact block (56) driven by the drive shaft and a hammer anvil (62) receiving an impact from the impact block, and the hammer anvil is formed with or connected to the output shaft ([0078-85], figs. 1-3); and a controller (40) disposed on a control circuit board (microprocessor with ROM/RAM, inverter circuit, hall board [0087-0088]) configured to control the electric motor and, when the impact tool is in a low-speed mode and a load parameter exceeds a preset parameter threshold (torque on the output member exceeds a torque threshold (abstract, [0004-0030, 0053, 0081-0097, 0125-0128] and it is detected that the impact mechanism applies the impact force to the output shaft, periodically: determine that the impact mechanism impacts a preset number of times and control the electric motor to shut down for a preset period and to restart (pause/stop, then resume/restart, [0008-0012, 0022-0026, 0172-0175], the controller determines that a condition is satisfied that the impact mechanism impacts the preset number of times, the impact mechanism applies no impact force to the output shaft [0009, 0022-0029, 0040, 0048, 0094, 0102, 0172-0180], figs. 1-5) and the motor shuts down for the preset period, determine a target duty cycle less than or equal to 40% [0009, 0022-0030, 0091-0097, 0114], wherein the controller is configured to acquire a commutation state of the electric motor and determine a number of impacts based on the commutation state of the electric motor [0094, 0172-0180]. FRIEDMAN et al. also teaches controlling the electric motor to restart after a predetermined time period before impacts and reducing power after impacts, to shut down for a preset period if current reaches threshold and to control the motor restart after a duration [0022-0023, 0172-0175]. FRIEDMAN et al. states: “controller may detect when impacting begins, pause power delivery to the motor for a predetermined time period after impacting begins, and then resume power delivery to the motor at the end of the pause [0008]…current limit may be selected to prevent the impact mechanism from impacting [0009, 0023, 0025] … After the first impact is detected, power to the motor is shut off and rotation of the motor pauses for a predetermined time period t” [0107] FRIEDMAN et al. fails to explicitly disclose the controller is configured periodically: determine that the impact mechanism impacts a preset number of times and control the electric motor when the impact mechanism impacts a preset number of times to shut down for a preset period and the controller determines that a condition is satisfied that the impact mechanism impacts the preset number of times, the impact mechanism applies no impact force to the output shaft and teach determining that the impact mechanism impacts a preset number of times and control the electric motor to shut down for a preset period and then control the electric motor to automatically restart. Huber et al. teaches having a controller (130) operating in different modes (low and high speeds and impact modes via user input 132), methods of monitoring impacts (counter, time based, acceleration/current, 700/800/900/1000, claims 8-20 figs. 7-10), with impact counter in low to medium speeds [0027-0033] configured periodically: determining that the impact mechanism impacts a preset number of times and control the electric motor to shut down for a preset period and then control the electric motor to restart [0033-0034, 0046]; and the controller determines that a condition is satisfied that the impact mechanism impacts the preset number of times, the impact mechanism applies no impact force to the output shaft (resets counter to begin again [0027-0034] and teaches monitoring voltage, estimating impacts delivered by the anvil during a predetermined time period with a timer and to change the operation of the motor when the number of impacts have been reached ([0033-0054], figs. 1-10, claims 8-20). Soshin et al. teaches a controller (30/pulse-width-modulator (PWM) 21) for a power tool (figs. 1-2 and 9-12) for providing a tightening cycle of a fastener/screw and determining that an impact mechanism (drive spindle) impacts a preset number of times (via bit revolution calculator 62, step 126) and control the electric motor to shut down for a preset period (steps 127-128, fig. 5) and then control the electric motor to automatically restart (step 129, speed controller 60 controls the motor to stop and restart when preset count number reached col. 8, lines 14-67, col. 9, lines 1-34, figs. 1-2, 5-6, and 9-12) Given the teachings of FRIEDMAN et al. to have a timer, controller configured to stop the motor when a predetermined number of impacts has occurred and restart the motor after a predetermined parameter, 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 controller is configured periodically: determine that the impact mechanism impacts a preset number of times and control the electric motor when the impact mechanism impacts a preset number of times to shut down for a preset period and the controller determines that a condition is satisfied that the impact mechanism impacts the preset number of times, the impact mechanism applies no impact force to the output shaft and teach determining that the impact mechanism impacts a preset number of times and control the electric motor to shut down for a preset period and then control the electric motor to restart to change the operation of the motor as desired when desired number of impacts reached as taught by Huber et al., to have precise adjustment of speed/torque for more precise operation of the tool and more precise action on a workpiece (avoid overshoot/damage to the workpiece) and/or for safety purposes (prevent jamming, stop if jammed/error) as taught by both Huber et al. and Soshin et al. Regarding claims 2-4, FRIEDMAN et al. discloses a trigger switch (36) configured to adjust a rotational speed of the electric motor, wherein the controller is configured to determine, according to a stroke signal of the trigger switch, that a trigger stroke is within a preset stroke range and determine that the impact tool is in the low-speed mode wherein the controller is configured to, when the trigger stroke exceeds the preset stroke range, determine that the impact tool is in a normal mode and control the electric motor to continuously perform a rotational output so that the impact mechanism impacts on the output shaft periodically, determine a required duty cycle based on the trigger stroke (trigger position alters PWM duty cycle [0087-0097, 0110], and output a drive signal with the required duty cycle to the electric motor, so as to control the electric motor to continuously perform a rotational output at the required duty cycle (position of the trigger switch [0079-0110, 0124, 0144, 0178-0183). Regarding claims 5-6, FRIEDMAN et al. discloses the controller is configured to, when the impact tool is in the low-speed mode, control the electric motor to start with a preset acceleration value wherein the controller is configured to, when the impact tool runs with no load (changes/transition speed based on impacting), control the electric motor to start with a first acceleration value, wherein the preset acceleration value is greater than the first acceleration value [0053, 0061, 0085, 0091-0097, 0102, 0116, 0174-0183]. Regarding claim 7, FRIEDMAN et al. discloses a battery pack (battery at 28) configured to power the electric motor [0079, 0089]. Regarding claim 8, FRIEDMAN et al. discloses the controller is configured to, when the electric motor shuts down for the preset period, determine a target duty cycle of the electric motor based on a voltage of the battery pack and control the electric motor to start running at the target duty cycle (induced motor voltage signals and duty cycle control [0009-0016, 0022-0030, 0061, 0088, 0102-0104, 0089, 0110-0119], claim 14). Regarding claims 9-10, and 17-19, FRIEDMAN et al. discloses the target duty cycle is less than or equal to 40% [0009, 0022-0030, 0091-0097, 0114], wherein the controller is configured to acquire a commutation state of the electric motor and determine a number of impacts based on the commutation state of the electric motor [0094, 0172-0180] wherein the controller is configured to respond to the electric motor not commutating within a preset duration of commutation by determining that the load parameter exceeds the preset parameter threshold (torque on the output member exceeds a torque threshold (abstract, [0004-0030, 0053, 0081-0097, 0125-0128, 0144, 0159-0183] Regarding claim 11, FRIEDMAN et al. discloses the controller is configured to control windings of the electric motor to be short-circuited to brake the electric motor and start the electric motor after the preset period (power switch/current sensor, current limit, controlling the motor with closed loop control, shutoff motor for “predetermined time period”, pause power, “power to the motor may be turned off or reduced for a duration and then may be restarted” [0004-0050, 0054, 0058-0061, 0088-0092, 0107, 0114-0118]). Regarding claim 12, FRIEDMAN et al. discloses the preset number of times comprises one [0172-0183]. Regarding claim 13, FRIEDMAN et al. discloses the preset period is positively correlated with the trigger stroke (period start when trigger actuated [0079, 0087-0089, 0094, 0102-0107, 0124, 0143-0144, 0168-0183]. Claim(s) 14 is/are rejected under 35 U.S.C. 103 as obvious over FRIEDMAN et al. (US 20220193868 A1) in view of Huber et al. (US 20160325415 A1) in view of Soshin et al. (US 5154242 A) and further in view of LEH et al. (US 20160250738 A1). Regarding claim 14, FRIEDMAN et al. discloses setting different time periods (“predetermined time period y (e.g., 2 seconds to 4 seconds)” [0079, 0102-0107, 0124, 0143-0144, 0152, 0159-0160, 0168, 0178-0183] but fails to explicitly disclose the preset period is shorter than or equal to 500 ms. LEH et al. teaches having a preset period is shorter than or equal to 500 ms [0064, 0084-0093]. Given the teachings of FRIEDMAN et al. to have a timer, controller configured to stop the motor when a predetermined number of impacts has occurred and restart the motor after a predetermined parameter, 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 controller with the timer with the preset period shorter than or equal to 500 ms to have precise adjustment of speed/torque for more precise operation of the tool and more precise action on a workpiece (avoid overshoot/damage to the workpiece) and/or for safety purposes (prevent jamming, stop if jammed/error) as taught by LEH et al. Claim(s) 11 is/are rejected under 35 U.S.C. 103 as obvious over FRIEDMAN et al. (US 20220193868 A1) in view of Huber et al. (US 20160325415 A1) in view of Soshin et al. (US 5154242 A) and further in view of Satoshi (US 3671837 A). Regarding claim 11, FRIEDMAN et al. discloses the controller is configured to control windings of the electric motor to be short-circuited to brake the electric motor and start the electric motor after the preset period (power switch/current sensor, current limit, controlling the motor with closed loop control, shutoff motor for “predetermined time period”, pause power, power to the motor “may be turned off or reduced for a duration and then may be restarted” [0004-0050, 0054, 0058-0061, 0088-0092, 0107, 0114-0118]). Soshin et al. also teaches the controller is configured to control windings of the electric motor to be short-circuited to brake the electric motor and start the electric motor after the preset period (current sensor, current controller 63 controls current for predetermined current limits, motor stopped, (abstract, col. 5, lines 29-col. 10, line 51, figs. 1-2, 5-6, and 9-12). In the alternative, if it can be argued that FRIEDMAN et al. fails to disclose the controller is configured to control windings of the electric motor to be short-circuited to brake the electric motor and start the electric motor after the preset period – Satoshi teaches having a controller (51) configured to control windings (Stator windings 11, 12 and 13) of an electric motor to be short-circuited to brake the electric motor and start the electric motor after the preset period (col. 2, lines 12-62, col. 4, lines 33-67, figs. 1-5). Given the teachings of FRIEDMAN et al. to have a timer, controller configured to stop the motor when a predetermined number of impacts has occurred and restart the motor after a predetermined parameter, 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 controller with the timer with the preset period shorter than or equal to 500 ms to have precise adjustment of speed/torque for more precise operation of the tool and more precise action on a workpiece (avoid overshoot/damage to the workpiece) and/or for safety/quickly stopping, completely stopping the motor purposes to prevent jamming, stop if jammed/error as taught by Satoshi. Response to Arguments Applicant’s arguments with respect to claim(s) 1-20 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: Arimura et al. (US 20090084568 A1), OKAMOTO et al. (JP H07314344 A) US 20180200872 A1 – electronic clutch to stop motor completely for short period of time [0033] 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). 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, 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. 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. /ROBERT F LONG/Primary Examiner, Art Unit 3731
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Prosecution Timeline

Show 1 earlier event
Jul 30, 2025
Non-Final Rejection mailed — §103
Oct 31, 2025
Response Filed
Nov 21, 2025
Final Rejection mailed — §103
Feb 13, 2026
Response after Non-Final Action
Mar 02, 2026
Response after Non-Final Action
Mar 17, 2026
Request for Continued Examination
Apr 27, 2026
Response after Non-Final Action
May 15, 2026
Non-Final Rejection mailed — §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

3-4
Expected OA Rounds
72%
Grant Probability
93%
With Interview (+20.9%)
3y 1m (~1y 3m remaining)
Median Time to Grant
High
PTA Risk
Based on 1109 resolved cases by this examiner. Grant probability derived from career allowance rate.

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