DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 08/12/2024; 01/03/2025 have been considered by the examiner.
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 (i.e., changing from AIA to pre-AIA ) 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 pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter 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 pre-AIA 35 U.S.C. 103(a) 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.
This application currently names joint inventors. In considering patentability of the claims under pre-AIA 35 U.S.C. 103(a), the examiner presumes that the subject matter of the various claims was commonly owned at the time any inventions covered therein were made absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and invention dates of each claim that was not commonly owned at the time a later invention was made in order for the examiner to consider the applicability of pre-AIA 35 U.S.C. 103(c) and potential pre-AIA 35 U.S.C. 102(e), (f) or (g) prior art under pre-AIA 35 U.S.C. 103(a).
Claims 1-11 and 13-20 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Herschell et al. (US 2008/0012695) in view of Ruutu et al. (US 2015/0036517).
Regarding claims 1, 13, and 19, Herschell discloses a tool monitoring system (Fig 1), a tracking unit, and a method for monitoring a power tool device using the tracking unit, the tool monitoring system comprising:
a power tool (Fig. 1 tractor 10) configured to receive a battery pack (paragraph [0010], [0040]; e.g., the asset tracking device 14 derives its power from the tractor battery through the 7-pin power cable); and
a tracking unit (Fig. 1 asset tracking device 14) configured to be coupled to the power tool, wherein the tracking unit includes:
a mount configured to secure the tracking unit to the power tool (paragraph [0031]-[0032]; e.g., Sensor wire 42 is crimped and soldered to the sensor terminal 44 and routed to the asset tracking device 14, e.g., through the front wall of the trailer 12),
a wireless antenna configured to be communicatively connected to an external device (paragraph [0011], [0041]; e.g., the asset tracking device comprises a processor, a location determining device for determining the geographic location of the mobile asset, and a transceiver for transmitting and receiving the tethered/untethered status of the mobile asset),
wherein the wireless antenna is configured to transmit a signal to the external device at a set rate defined by a timer length (Fig. 8 steps 425 and 435; paragraphs [0039]-[0040]; e.g., If there is a change in state of the tether sensor wire 42 then a selected timed procedure (for example a 3-minute procedure) is begun as shown in step 425).
Herschell fails to specifically disclose a controller configured to adjust the timer length of the tracking unit based on at least one selected from a group consisting of a characteristic of the power tool and a characteristic of the tracking unit.
However, Ruutu discloses a controller configured to adjust the timer length of the tracking unit based on at least one selected from a group consisting of a characteristic of the power tool and a characteristic of the tracking unit (paragraphs [0037], [0050], [0105]; e.g., adjusting the frequency of the periodic transmission of information. Such a criterion could be a target battery life for the mobile apparatus).
Therefore, taking the teachings of Herschell in combination of Ruutu as a whole, it would have been obvious to one having ordinary skill in the art at the time of the invention by applicant to adjust the timer length of the tracking unit based on at least one selected from a group consisting of a characteristic of the power tool and a characteristic of the tracking unit for advantages of optimizing the energy consumption (Ruutu: paragraph [0105]).
Regarding claims 2 and 14, Herschell in combination with Ruutu discloses the tool monitoring system and the tracking unit of claims 1 and 13, wherein the wireless antenna includes a cellular network antenna configured to communicate over a cellular network (Herschell: paragraph [0033]; e.g., processor 72 will send an alarm signal to the central servers 24 through a communications network, (such as for example a cellular network) 22, which will in turn send email, SMS, or pager alerts to configured users).
Regarding claims 3 and 15, Herschell in combination with Ruutu discloses the tool monitoring system and the tracking unit of claims 1 and 13, wherein: the wireless antenna includes a global positioning satellite (GPS) antenna configured to communicate with a satellite; and the GPS antenna is configured to receive signals indicative of a position of the tracking unit (Fig. 1 references 18 and 20; paragraph [0037]).
Regarding claims 4, 16, and 20, Herschell in combination with Ruutu discloses the tool monitoring system, the tracking unit, and the method of claims 1, 13, and 19, wherein the wireless antenna includes a wireless local-area network (WLAN) antenna configured to communicate over a Wi-Fi network (Herschell: paragraph [0033]).
Regarding claim 5, Herschell in combination with Ruutu discloses the tool monitoring system of claim 1, wherein the tracking unit further includes an energy storage device (Herschell: paragraph [0036]; see real-time clock 104 contains its own battery 106 that maintains the proper date and time and consumes very little power, enabling the real-time clock 104 to operate for extended periods of time).
Regarding claim 6, Herschell in combination with Ruutu discloses the tool monitoring system of claim 5, wherein: when the battery pack is coupled to the power tool, the tracking unit receives power from the battery pack; and when the battery pack is not coupled to the power tool, the tracking unit receives power from the energy storage device (Herschell: paragraphs [0036], [0039], [0042]; e.g., This period could be changed to any other arbitrary number, but it was chosen to minimize total power consumption when the system is powered by the backup battery only 53).
Regarding claim 7, Herschell in combination with Ruutu discloses the tool monitoring system of claim 1, wherein the controller is configured to: receive, from the power tool, tool status and usage information, and transmit, using the wireless antenna, the tool status and usage information to the external device (Herschell: paragraphs [0007], [0014]; e.g., system for monitoring and reporting the status of a mobile asset).
Regarding claim 8, Herschell in combination with Ruutu discloses the tool monitoring system of claim 1, wherein the signal includes a position of the tracking unit (Herschell: paragraphs [0037]; e.g., determining the current geographic location).
Regarding claim 9, Herschell in combination with Ruutu discloses the tool monitoring system of claim 1, wherein the power tool includes a visual indicator configured to emit light (Ruutu: paragraph [0043] see an indication of an amount of ambient light).
Regarding claim 10, Herschell in combination with Ruutu discloses the tool monitoring system of claim 1, wherein the characteristic of the power tool is a state of charge of the battery pack (Herschell: paragraphs [0040], [0042]; e.g., see conserve power).
Regarding claim 11, Herschell in combination with Ruutu discloses the tool monitoring system of claim 1, wherein: the power tool includes an accelerometer; and the characteristic of the power tool is a detected movement of the power tool (Herschell: paragraphs [0038]-[0039]).
Regarding claim 17, Herschell in combination with Ruutu discloses the tracking unit of claim 13, wherein: the power tool device includes a battery pack, wherein the characteristic of the power tool device is a state of charge of the battery pack; and the controller is configured to increase the timer length when the state of charge of the battery pack is less than or equal to a threshold (Ruutu: paragraphs [0037], [0050], [0105]; e.g., adjusting the frequency of the periodic transmission of information. Such a criterion could be a target battery life for the mobile apparatus).
Therefore, taking the teachings of Herschell in combination of Ruutu as a whole, it would have been obvious to one having ordinary skill in the art at the time of the invention by applicant to characterize the power tool device is a state of charge of the battery pack; and the controller is configured to increase the timer length when the state of charge of the battery pack is less than or equal to a threshold for advantages of optimizing the energy consumption (Ruutu: paragraph [0105]).
Regarding claim 18, Herschell in combination with Ruutu discloses the tracking unit of claim 13, wherein: the characteristic of the power tool device is a detected movement of the power tool device; and the controller is configured to increase the timer length when movement of the power tool device has not occurred within a predetermined period of time (Ruutu: paragraphs [0037], [0050], [0105]).
Claim 12 is rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Herschell in combination with Ruutu, in view of Wesby (US Patent No. 7,558,564).
Regarding claim 12, Herschell in combination with Ruutu discloses the tool monitoring system of claim 1, fails to specifically discloses the controller is configured to detect a type of the power tool; and the signal includes the type of the power tool.
However, Wesby discloses controller is configured to detect a type of the power tool; and the signal includes the type of the power tool (Col. 6 lines 55-65; Claim 16).
Therefore, taking the teachings of Herschell in combination of Ruutu and Wesby as a whole, it would have been obvious to one having ordinary skill in the art at the time of the invention by applicant to detect a type of the power tool; and the signal includes the type of the power tool in order to manage warehouse inventory.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TIMOTHY X PHAM whose telephone number is (571)270-7115. The examiner can normally be reached Mon-Fri: 8:30-5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Resha Desai can be reached at 571-270-7792. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TIMOTHY X PHAM/Primary Examiner, Art Unit 3648
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