Prosecution Insights
Last updated: July 17, 2026
Application No. 18/811,263

Pilotless Knockout Tool

Non-Final OA §103
Filed
Aug 21, 2024
Priority
Oct 03, 2023 — provisional 63/587,540
Examiner
DONG, LIANG
Art Unit
3724
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
MILWAUKEE ELECTRIC TOOL Corporation
OA Round
1 (Non-Final)
52%
Grant Probability
Moderate
1-2
OA Rounds
1y 0m
Est. Remaining
85%
With Interview

Examiner Intelligence

Grants 52% of resolved cases
52%
Career Allowance Rate
258 granted / 492 resolved
-17.6% vs TC avg
Strong +32% interview lift
Without
With
+32.3%
Interview Lift
resolved cases with interview
Typical timeline
2y 11m
Avg Prosecution
50 currently pending
Career history
567
Total Applications
across all art units

Statute-Specific Performance

§103
85.9%
+45.9% vs TC avg
§102
7.2%
-32.8% vs TC avg
§112
6.5%
-33.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 492 resolved cases

Office Action

§103
CTNF 18/811,263 CTNF 91879 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Priority Examiner acknowledges claims to priority under 35 U.S.C. 120 or 121 for U.S. application 18811263 to U.S. provisional application serial No. 63587540 filed on 10/03/2023. Information Disclosure Statement 06-52 The information disclosure statement (IDS) submitted on 8/21/2024 was filed on the filing date of the application on 8/21/2024. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement has been considered by the examiner. Claim Objections 07-29-01 AIA Claim s 18 is objected to because of the following informalities: Regarding claim 18, “wherein depth” should be “wherein the depth” to avoid lack of antecedent basis . Appropriate correction is required. Claim Rejections - 35 USC § 103 07-20-aia AIA 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. 07-21-aia AIA Claim s 1-5 and 7-20 are rejected under 35 U.S.C. 103 as being unpatentable over Wilson (US 4587737) in view of Frenken (US 20140251104 A1) . Regarding claim 1 , Wilson teaches a knockout tool, comprising: a longitudinal axis (axis along the center of 20, see Figure 1); a body (12), comprising: a first end centered on the longitudinal axis; and a second end opposite the first end and aligned with the first end along the longitudinal axis; a punch plug (20) coupled to the first end of the body; a punch (18) coupled to the plug; a thrust bearing (24) positioned between the punch plug and the punch, wherein at least a portion of the thrust bearing can rotate between the punch and punch plug with respect to the longitudinal axis; a die (16) as a part of the second end of the body, the punch comprising a cutting end configured to be received in the die (see Figures 1-2); and a drive component (28) extending through the first end of the body and received in the punch plug, the drive component configured to rotate with respect to the longitudinal axis (see Figures 1-2); and wherein when the drive component is rotated in a first direction (see Figures 1-2), the punch plug and thrust bearing convert rotational movement of the drive component into linear movement and move the die into engagement with the punch along the longitudinal axis (col. 2 lines 25-37). Wilson fails to teach a die plug, the die is spearate part, a punch on the second end and a die on the first end. Frenken teaches a punch device wherein the die is a spearate part (see Figure 4). It would have been obvious to one of ordinary skill to modify the device of Wilson to change die into a spearate part, as taught by Frenken. As one of ordinary skill in the art understand making parts separable involves only routine skill in the art, absent any showing of unexpected results. In re Dulberg MPEP 2144.04 V. C. It would also have been obvious to one of ordinary skill to modify the device of Wilson to change the location of the punch and the die head. Since the courts have held that a rearrangement of parts of an invention involves only routine skill in the art, absent any showing of unexpected results. In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950) MEPE 2144.04 VI. C. Regarding claim 2 , modified Wilson further teaches the die is removably coupled to the first end of the body (as modified by Frenken, see Figure 4 of Frenken). Regarding claim 3 , modified Wilson further teaches the punch is removably coupled to the second end of the body (see Figure 4 of Wilson). Regarding claim 4 , modified Wilson further teaches a retainer coupled to the punch opposite the cutting end, wherein the retainer is configured to retain the punch on the second end of the body (as modified by rearrangement of part, using thread rod like 32, see Figure 4 of Wilson). Regarding claim 5 , modified Wilson further teaches the second end of the body comprises a bore extending through the second end and centered on the longitudinal axis, wherein the retainer is positioned within the bore (as modified by rearrangement of part, using thread rod like 32, see Figure 4 of Wilson). Regarding claim 7 , modified Wilson further teaches the punch comprises a mounting channel with an threaded inner surface, and a mounting end of the retainer comprises threaded outer surface, wherein the punch and the retainer are coupled together through threaded engagement of the threaded inner surface and the threaded outer surface (as modified by rearrangement of part, using thread rod like 32, see Figure 4 of Wilson). Regarding claim 8 , Wilson teaches a hole forming tool, comprising: a longitudinal axis (center axis of 20); a body (12), comprising: a first end centered on the longitudinal axis (at 18); and a second end opposite the first end and aligned with the first end along the longitudinal axis (see Figure 1); a die coupled to the second end of the body (see Figure 1); a punch coupled to the first end of the body and centered on the longitudinal axis, the die comprising: a first side facing away from the first end of the body and configured to receive the punch; and a second side opposite the first side along the longitudinal axis; a punch plug coupled to the first end of the body (see Figure 1); a thrust bearing (24) positioned between the die plug and the second side of the die, wherein at least a portion of the thrust bearing can rotate between the die and die plug with respect to the longitudinal axis (see Figure 1); a drive component (28) extending through the first end of the body and received in the die plug, the drive component configured to rotate with respect to the longitudinal axis; and wherein, when the drive component is rotated in a first direction, the punch plug and thrust bearing convert rotational movement of the drive component into linear movement such that the drive component moves axially along the longitudinal axis and moves the die into engagement with the punch (see Figure 1). Wilson fails to teach a die plug, the die is spearate part, a punch on the second end and a die on the first end. Frenken teaches a punch device wherein the die is a spearate part (see Figure 4). It would have been obvious to one of ordinary skill to modify the device of Wilson to change die into a spearate part, as taught by Frenken. As one of ordinary skill in the art understand making parts separable involves only routine skill in the art, absent any showing of unexpected results. In re Dulberg MPEP 2144.04 V. C. It would also have been obvious to one of ordinary skill to modify the device of Wilson to change the location of the punch and the die head. Since the courts have held that a rearrangement of parts of an invention involves only routine skill in the art, absent any showing of unexpected results. In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950) MEPE 2144.04 VI. C. Regarding claim 9 , modified Wilson further teaches an opening formed in the first side of the die, wherein the punch is aligned with opening such that the punch is received in the opening when the die is moved into engagement with the punch (as modified, see Figure 4 of Frenken). Regarding claim 10 , modified Wilson further teaches the opening has a first width greater than or equal to a second width of the punch (as modified, see Figure 4 of Frenken). Regarding claim 11 , modified Wilson further teaches the punch comprises a cutting end and at least one cutting tip extends away from the cutting end of the punch towards the die along the longitudinal axis (see Figure 1 of Wilson). Regarding claim 12 , modified Wilson further teaches the die plug comprises a projection positioned along the die plug adjacent to thrust bearing, wherein the projection extends through the thrust bearing and into the second side of the die (see Figure 1 of Wilson). Regarding claim 13 , modified Wilson further teaches the die plug further comprises a recess positioned along the die plug opposite from the projection, wherein the recess is configured to receive and retain the drive component to couple the die to the first end of the body (see Figure 1 of Wilson). Regarding claim 14 , modified Wilson further teaches the drive component comprises a drive shaft centered on and extending along the longitudinal axis and a drive receiver, wherein the drive receiver is configured to engage a driving tool (col. 2 lines 25-37, see Figure 1 of Wilson). Regarding claim 15 , Wilson teaches a tool, comprising: a body (12), comprising: a first end centered on a longitudinal axis; and a second end opposite the first end and aligned with the first end along the longitudinal axis (see Figure 1); a punch plug (20) positioned adjacent to the first end of the body; a punch (18) coupled to the punch plug such that the punch plug is positioned between the punch and the first end of the body along the longitudinal axis (See Figure 1); a thrust bearing (24) positioned between the die plug and the die, wherein at least a portion of the thrust bearing can rotate between the punch and punch plug with respect to the longitudinal axis (See Figure 1); a drive component (28) extending through the first end of the body and received in the die plug such that the die plug is coupled to the first end of the body, the drive component configured to rotate with respect to the longitudinal axis (See Figure 1); and a die coupled to the second end of the body, the punch comprising a cutting end configured to be received in the die; and wherein, when the drive component is rotated in a first direction, the die plug and thrust bearing convert rotational movement of the drive component into linear movement such that the drive component moves the punch plug, thrust bearing, and die axially along the longitudinal axis towards the punch (See Figure 1). Wilson fails to teach a die plug, the die is spearate part, a punch on the second end and a die on the first end. Frenken teaches a punch device wherein the die is a spearate part (see Figure 4). It would have been obvious to one of ordinary skill to modify the device of Wilson to change die into a spearate part, as taught by Frenken. As one of ordinary skill in the art understand making parts separable involves only routine skill in the art, absent any showing of unexpected results. In re Dulberg MPEP 2144.04 V. C. It would also have been obvious to one of ordinary skill to modify the device of Wilson to change the location of the punch and the die head. Since the courts have held that a rearrangement of parts of an invention involves only routine skill in the art, absent any showing of unexpected results. In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950) MEPE 2144.04 VI. C. Regarding claim 16 , modified Wilson further teaches the body further comprises a center portion located between the first end and the second end, wherein the center portion is spaced from and substantially parallel to the longitudinal axis (col. 2 lines 25-37, see Figure 1 of Wilson). Regarding claim 17 , modified Wilson further teaches the first end, the center portion, and the second end define a throat configured to receive a workpiece, wherein the throat has a depth measured between the center portion and the longitudinal axis (col. 2 lines 25-37, see Figure 1 of Wilson). Regarding claim 18 , modified Wilson teaches elements of the current invention as set forth in claim 17 above. Modified Wilson fails to teach depth is at most 3 inches. Furthermore, with respect to the specific depth is at most 3 inches, the courts have held that where the general conditions of the invention are met, a change in size is generally recognized as being within the level of ordinary skill in the art., In re Rose, 105 USPQ 237 (CCPA 1955). MPEP 2144.04 IV. A. Therefore, it would have been obvious to further modify Wilson to have the specific depth set forth to get the desired cut. Regarding claim 19 , modified Wilson further teaches elements of the current invention as set forth in claim 17 above. Modified Wilson fails to teach the depth is between 1 inch and 3 inches. Furthermore, with respect to the specific depth is between 1 inch and 3 inches, the courts have held that where the general conditions of the invention are met, a change in size is generally recognized as being within the level of ordinary skill in the art., In re Rose, 105 USPQ 237 (CCPA 1955). MPEP 2144.04 IV. A. Therefore, it would have been obvious to further modify Wilson to have the specific depth set forth to get the desired cut. Regarding claim 20 , modified Wilson further teaches the die is removably coupled to the first end of the body, and wherein the punch is removably coupled to the second end of the body (as modified by Frenken, see Figure 4 of Frenken) . 07-21-aia AIA Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Wilson (US 4587737) in view of Frenken (US 20140251104 A1) and in further view of Bright (US 3978758) . Regarding claim 6 , modified Wilson further teaches the retainer comprises a mounting end coupled to the punch, and a distal end opposite the mounting end (as modified by rearrangement of part, using thread rod like 32, see Figure 4 of Wilson). Modified Wilson fails to teach the retainer has a tapered shape such that an outer dimension of punch retainer decreases along its length from the distal end to the mounting end such that the mounting end has a smaller radius than the distal end. Bright teaches a retainer (10) has a tapered shape such that an outer dimension of punch retainer decreases along its length from the distal end to the mounting end such that the mounting end has a smaller radius than the distal end (see Figure 5). It would have been obvious to one of ordinary skill in the art to modify the device of modified Wilson to change the shape of the retainer, as taught by Bright, in order to produce an easily removable part (col. 2 lines 51-64 of Bright). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to LIANG DONG whose telephone number is (571)270-0479. The examiner can normally be reached Monday - Thursday 8 AM-6 PM. 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, Ashley Boyer can be reached at 571-272-4502. 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. /LIANG DONG/Examiner, Art Unit 3724 5/30/2026 Application/Control Number: 18/811,263 Page 2 Art Unit: 3724 Application/Control Number: 18/811,263 Page 3 Art Unit: 3724 Application/Control Number: 18/811,263 Page 4 Art Unit: 3724 Application/Control Number: 18/811,263 Page 5 Art Unit: 3724 Application/Control Number: 18/811,263 Page 6 Art Unit: 3724 Application/Control Number: 18/811,263 Page 7 Art Unit: 3724 Application/Control Number: 18/811,263 Page 8 Art Unit: 3724 Application/Control Number: 18/811,263 Page 9 Art Unit: 3724 Application/Control Number: 18/811,263 Page 10 Art Unit: 3724
Read full office action

Prosecution Timeline

Aug 21, 2024
Application Filed
Jun 03, 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

1-2
Expected OA Rounds
52%
Grant Probability
85%
With Interview (+32.3%)
2y 11m (~1y 0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 492 resolved cases by this examiner. Grant probability derived from career allowance rate.

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