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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after allowance or after an Office action under Ex Parte Quayle, 25 USPQ 74, 453 O.G. 213 (Comm'r Pat. 1935). Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, prosecution in this application has been reopened pursuant to 37 CFR 1.114. Applicant's submission filed on 12/22/25 has been entered.
Claims 1-18 and 20-26 are pending and have been examined.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 12/22/25 was filed after the mailing date of the NOA on 12/03/25. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Rejections - 35 USC § 102
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.
Claim(s) 1-3, 5-10, 12-13, 17-18, 21 and 23-24 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Szell (2018/0331768).
Regarding claims 1 and 23-24, Szell discloses a method for identifying a power tool device (2), the method comprising: modulating a switching frequency (par. 33) generated by an electronic component (3, 15) of the power tool device (2), thereby generating an acoustic signature (pars. 21, 26, 28); receiving, by an external device (6), acoustic signal data by detecting the acoustic signature generated by modulating the switching frequency generated by the electronic component of the power tool device (par. 28); and processing the received acoustic signal data by a processor of the external device (6) to determine the acoustic signature, thereby identifying the power tool device by its acoustic signature (pars. 27, 33-34).
Regarding claim 2, Szell discloses a method for transmitting data using a power tool device (2), the method comprising: transmitting data stored in a memory (memory of control unit 4) of the power tool device as acoustic signal data by modulating a switching frequency generated by an electronic component (3, 15; par. 33) of the power tool device (par. 28), thereby generating an acoustic signature; receiving, by an external device (6), the acoustic signal data by detecting the acoustic signature generated by modulating the switching frequency generated by the electronic component of the power tool device; and storing the received acoustic signal data in a memory of the external device (pars. 27-28 and 33).
Regarding claim 3, Szell discloses wherein the power tool device comprises a power tool (2).
Regarding claims 5-6, Szell discloses wherein transmitting the data stored in the memory of the power tool device as acoustic signal data comprises: accessing the data from the memory of the power tool device; encoding the data using an electronic processor of the power tool device, generating encoded data that include control parameters for modulating the switching frequency generated by the electronic component; and transmitting the acoustic signal data using the electronic processor to modulate the switching frequency generated by the electronic component based on the control parameters in the encoded data, thereby causing the electronic component to emit the acoustic signature (pars. 19-20, 24, 26, 29, 32-33).
Regarding claim 7, it is deemed that Szell's control parameters are capable of indicate an analog modulation of the switching frequency. Regarding claim 8, Szell discloses wherein the control parameters indicate a digital modulation of the switching frequency (pars. 25, 27, 36).
Regarding claim 9, Szell discloses wherein the control parameters indicate modulating an amplitude of the acoustic signature generated by the electronic component (pars. 19, 20, 24, 26, 29, 32, 33).
Regarding claims 10, 18, and 21, Szell discloses wherein the electronic component comprises at least one field-effect transistor (i.e. a semiconductor; par. 6). Regarding claims 12-13, Szell discloses wherein the external device comprises a microphone (par. 28); wherein the microphone is coupled to a mobile device (phone).
Regarding claim 17, Szell discloses wherein the electronic component (15) has a primary function that is different from acoustic data transmission.
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.
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Szell (2018/0331768) in view of Gass et al. (6,536,536).
Regarding claim 4, Szell discloses a power tool comprising a rechargeable battery, but fails to disclose wherein the power tool device comprises a power tool battery charger. Gass discloses a power tool comprising a rechargeable battery (54) and a charger (par. 155) for the purposes of improve portability and re-use of eh tool. It would have been obvious to one having ordinary skills in the art to before the effective filing date of the claimed invention to have provided Szell's power tool with a charger as taught by Gass in order to improve portability and re-use of the tool.
Claim(s) 11 and 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Szell (2018/0331768) in view of Examiner's Official Notice.
Szell discloses the invention, substantially as claimed, comprising a field-effect transistor (as a semiconductor), but fails to disclose wherein the FET is a metal-oxide semiconductor field-effect transistor (MOSFET). The use of a MOSFET is well known in the art and the Examiner takes official notice that it's use is common knowledge in the power tool art, for example, for the purpose controlling conductivity of flow of energy.
Allowable Subject Matter
Claims 14-16 and 20 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.
The following is a statement of reasons for the indication of allowable subject matter. The prior art does not disclose or make obvious the claimed combination including the following features:
Regarding claim 14, wherein the microphone is coupled to a camera.
Regarding claim 15, wherein the microphone is coupled to another power tool.
Regarding claim 16, wherein the microphone is coupled to at least one network hub or a gateway device.
Regarding claim 20, wherein the electronic component is a bridge for controlling operation of a motor.
The combinations of the claimed limitations are novel and found to be allowable over prior art. The cited references taken singly or in combination do not anticipate or make obvious the Applicant’s claimed invention.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Response to Arguments
Applicant's arguments filed 10/06/25 have been fully considered but they are not persuasive. Applicant contends wherein Szell fails to disclose modulating a switching frequency generated by an electronic component of a power tool. This is not found persuasive by the Examiner. Szell discloses wherein the electric actuator 3 may be switched on and off at any time, thereby frequency modulation could be used for data transmission (par. 33).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHELLE LOPEZ whose telephone number is (571)272-4464. The examiner can normally be reached Monday thru Friday 8:30 am to 4:30 pm.
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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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/MICHELLE LOPEZ/ Primary Examiner, Art Unit 3731