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 Preliminary Amendment
The preliminary amendment filed 08/09/2024 has been entered. Claims 1-12 are pending in the application.
Claim Objections
Claim 6 objected to because of the following informalities: the phrase “adjusting at least one other device setting, the at least one further device setting” is not in accord since “further” was not prior recited and “other” does not match “further”. Consider reciting as - - adjusting at least one other device setting, the at least one other device setting - - to match and be in accord. Appropriate correction is required.
Claim Rejections - 35 USC § 102
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 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 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-7 and 11-12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by GLOVER et al. (US 20200173234 A1).
Regarding claim 1, GLOVER et al. discloses a method ([0007], claims 11-18, fig. 4) for operating an electric tool (drilling machine 10 with controller/microprocessor 104 has circuitry and “actuation circuitry” [0019, 0022], figs. 1-4), comprising: adjusting at least one device setting (step 405 three different drill modes and a tram mode, drill string 28 rotation speed and a current desired drill string 28 feed speed [0020-0022, 0027-0033], figs. 1-4) of the tool (10) by actuating at least one tool-internal switching option (joystick 40 inputs switching the speed or feed rate) or a tool-external switching option,
wherein the at least one device setting comprises at least one operating mode (modes - three different drill modes and a tram mode [0020-0022, 0027-0033], figs. 1-4) and/or at least one operating parameter (steps 425, step 420 drill string 28 rotation speed and a current desired drill string 28 feed speed) of the electric tool (10); and
locking the electric tool with respect to a modification of the at least one adjusted device setting by actuating a tool-internal or tool-external switching function (44), wherein the electric tool is locked until one of the switching functions (44) is actuated ([0033-0037], claims 11-18, figs. 1-4).
Regarding claims 11, GLOVER et al. discloses an electric tool (10) comprising: a user interface (Operator cab 22/joystick 40, buttons 42/44, “touch screen user interface” “control panel” [0018]); a terminal device (102 - multiple microprocessors that may include means for setting, locking, and modifying a desired drill string and has multiple joysticks 40 [0018-0022]); and a control device (104/100) configured to be connected to the user interface and to the terminal device ([0019-0023], figs. 1-4), the control device (104) being configured to:
adjust at least one device setting (three different drill modes and a tram mode, drill string 28 rotation speed and a current desired drill string 28 feed speed) of the electric tool (10) is adjusted via a switching option of the user interface (joystick 40, buttons 42/44) or a switching option of the terminal device ([0020-0022, 0027-0033], figs. 1-4);
the at least one device setting comprising at least one operating mode (three different drill modes and a tram mode) and/or at least one operating parameter (drill string 28 rotation speed and a current desired drill string 28 feed speed) of the electric tool (10); and
lock the electric tool with regard to a modification of the at least one adjusted device setting (three different drill modes and a tram mode, drill string 28 rotation speed and a current desired drill string 28 feed speed) via a switching function (44) of the user interface or the terminal device until one of the switching functions (44) is actuated ([0033-0037], claims 11-18, figs. 1-4).
Regarding claims 12, GLOVER et al. discloses a control device (104) for an electric tool (10) configured to execute the method according to claim 1 ([0019-0037], claims 11-18, figs. 1-4 and see claim 1 above), wherein the control device (104) is designed to be connectable to a user interface (Operator cab 22/joystick 40, buttons 42/44, “touch screen user interface” “control panel” [0018]) of an electric tool and to a terminal device (102) and wherein the control device is designed to receive signals transmitted to the control device from the user interface or from the terminal device with commands relating to at least one device setting mode (three different drill modes and a tram mode, drill string 28 rotation speed and a current desired drill string 28 feed speed) and to execute the commands ([0019-0037], claims 11-18, figs. 1-4 and see claim 1 above).
Regarding claim 2, GLOVER et al. discloses the electric tool (10) comprising: a user interface (Operator cab 22/joystick 40, buttons 42/44, “touch screen user interface” “control panel” [0018]); having first switching options (joysticks 40, plurality of switch mechanisms 42) for adjusting the at least one device setting (inputs switching the speed or feed rate) and a first switching function (44) for locking the electric tool (10), wherein the at least one device setting (three different drill modes and a tram mode [0020]) is adjusted via the user interface by actuating the first switching option and/or the electric tool is locked via the user interface by actuating the first switching function (44, [0019-0037], claims 11-18, figs. 1-4).
Regarding claims 3 and 5, Dey, IV et al. discloses connecting the electric tool to a terminal device (102/104 -Controller 104 “multiple microprocessors that may include means for setting, locking, and modifying a desired drill string” [0022]), the terminal device (102/104) has a user interface (Operator cab 22/joystick 40, buttons 42/44, “touch screen user interface” “control panel” [0018]) with a second switching option (joystick 40 inputs switching the speed or feed rate and modes) for adjusting the at least one device setting and a second switching function (44 – second switching option will result in a second switching function of 44, also two switches 44 shown, fig. 2) for locking the electric tool, and wherein the adjustment of the at least one device setting and/or the locking of the electric tool is carried out via the terminal device by actuating the second switching option or the second switching function ([0019-0037], claims 11-18, figs. 1-4) and locking the electric tool (10) via the terminal device 102/104 -Controller 104 “multiple microprocessors that may include means for setting, locking, and modifying a desired drill string” [0022]) comprises locking the at least one device setting by actuating the second switching function (44 – second switching option will result in a second switching function of 44, also two switches 44 shown, fig. 2) or locking the user interface by actuating a further second switching function ([0019-0037], claims 11-18, figs. 1-4).
Regarding claim 4, GLOVER et al. discloses the at least one device setting is adjusted via the user interface and the electric tool is locked via the terminal device (44 send signals to the processor(s) - multiple microprocessors that may include means for setting, locking, and modifying a desired drill string and has multiple joysticks 40 [0018-0022]), or the at least one device setting is adjusted via the terminal device and the electric tool is locked via the user interface -Operator cab 22/joystick 40, buttons 42/44, “touch screen user interface” “control panel” [0018]).
Regarding claim 6, GLOVER et al. discloses adjusting at least one other device setting (three different drill modes and a tram mode, drill string 28 rotation speed and a current desired drill string 28 feed speed) the at least one further device setting comprising at least one further operating mode and/or at least one further operating parameter (three different drill modes and a tram mode, drill string 28 rotation speed and a current desired drill string 28 feed speed) of the electric tool (10), wherein the device setting is adjusted via the user interface (Operator cab 22/joystick 40, buttons 42/44, “touch screen user interface” “control panel” [0018]) and the at least one other device setting is adjusted via the terminal device (44 send signals to the processor(s) - multiple microprocessors that may include means for setting, locking, and modifying a desired drill string and has multiple joysticks 40 [0018-0022], figs. 1-4).
Regarding claim 7, GLOVER et al. discloses connecting the electric tool a further terminal device (multiple microprocessors that may include means for setting, locking, and modifying a desired drill string and has multiple joysticks 40 [0018-0022]), which has a further user interface (plurality of joysticks, buttons 42/44, “touch screen user interface” “control panel” [0018]) with third switching options (“any number of drill modes or other modes” with plurality of switch mechanisms 42 [0018-0020]) for adjusting the at least one device setting and a third switching function (“third set of functions” [0020]) for locking the electric tool (10), wherein at least one adjusted device setting is retained or modified via the other terminal device (memory/storage, [0018-0022], figs. 1-4).
Claim Rejections - 35 USC § 102/103
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) 1-12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Dey, IV et al. (US 20160342151 A1) or, in the alternative, under 35 U.S.C. 103 as obvious over Dey, IV et al. (US 20160342151 A1) in view of GLOVER et al. (US 20200173234 A1) and further in view of ARAKI et al. (US 20200223038 A1).
Regarding claim 1, Dey, IV et al. discloses a method (500, [0086], claims 1-18, fig. 13) for operating an electric tool (104), comprising adjusting (505) at least one device setting (figs. 8 and 13) of the electric tool (104) by actuating at least one tool-internal (501- interface on tool- see mode pad 208 with mode selection switch 290, [0035, 0044, 0056-0057, 0109], figs. 4, 13, and 16) switching option or a tool-external switching option (501/108, - smart phone app, PC, [0030-0033, 0044-0047, 0086], figs. 1 and 13), wherein the at least one device setting comprises at least one operating mode (modes - [0035, 0044, 0056-0057, 0109], figs. 4 and 16) and/or at least one operating parameter (RPM, torque, light) of the electric tool (104); and
locking the electric tool (adaptive mode exit, locking out mode “firmware executing on the controller 226” [0086], fig. 13) with respect to a modification of the at least one adjusted device setting by actuating a tool-internal or tool-external switching function (leave/exit adaptive mode), wherein the electric tool is locked until one of the switching functions is actuated (activate adaptive mode [0057, 0070-0078, 0086, 0092, 0109-0110, 0157-0158], claims 1-8 and 15-22).
Regarding claims 11, Dey, IV et al. discloses an electric tool (104 [0037], figs. 1-3) comprising: a user interface (501, fig. 13); a terminal device (108, - smart phone app, PC, figs. 1 and 13); and a control device (226/250) configured to be connected to the user interface and to the terminal device (501/108, - smart phone app, PC, [0030-0033, 0044-0047, 0086], figs. 1 and 13), the control device being configured to: adjust at least one device setting of the electric tool is adjusted via a switching option of the user interface or a switching option of the terminal device (108/501, fig. 13), the at least one device setting comprising at least one operating mode and/or at least one operating parameter (RPM, torque, light) of the electric tool; and lock the electric tool with regard to a modification of the at least one adjusted device setting (adaptive mode exit, locking out mode [0086]) via a switching function of the user interface or the terminal device until one of the switching functions is actuated (adaptive mode exit, locking out mode [0057, 0070-0078, 0086, 0092, 0109-0110, 0157-0158], claims 1-8 and 15-22).
Regarding claims 12, Dey, IV et al. discloses a control device (226/250) for an electric tool (104, fig. 3) configured to execute the method according to claim 1 ([0086], fig. 13 and see claim 1 above), wherein the control device (226/250) is designed to be connectable to a user interface (501, fig. 13) of an electric tool and to a terminal device (108, - smart phone app, PC, [0030-0033, 0044-0047, 0086], figs. 1 and 13) and wherein the control device is designed to receive signals transmitted to the control device from the user interface or from the terminal device with commands relating to at least one device setting mode (modes - [0035, 0044, 0056-0057, 0109], figs. 4 and 16) and to execute the commands (RPM, torque, light, adaptive mode exit, locking out mode [0057, 0070-0078, 0086, 0092, 0109-0110, 0157-0158], claims 1-8 and 15-22).
Regarding claim 2, Dey, IV et al. discloses the electric tool (104 [0037], figs. 1-3) comprising: a user interface (501, fig. 13); having first switching options for adjusting the at least one device setting and a first switching function for locking the electric tool (104), wherein the at least one device setting (mode (modes - [0035, 0044, 0056-0057, 0109], figs. 4 and 16) is adjusted via the user interface by actuating the first switching option and/or the electric tool is locked via the user interface by actuating the first switching function (adaptive mode exit, locking out mode [0057, 0070-0078, 0086, 0092, 0109-0110, 0157-0158], claims 1-8 and 15-22).
Regarding claim 3, Dey, IV et al. discloses connecting the electric tool to a terminal device (108), wherein the terminal device (108) has a user interface with a second switching option for adjusting the at least one device setting and a second switching function for locking the electric tool, and wherein the adjustment of the at least one device setting and/or the locking of the electric tool is carried out via the terminal device by actuating the second switching option or the second switching function (adaptive mode exit, locking out mode [0057, 0070-0078, 0086, 0092, 0109-0110, 0157-0158], claims 1-8 and 15-22).
Regarding claim 4, Dey, IV et al. discloses the at least one device setting is adjusted via the user interface and the electric tool is locked via the terminal device, or the at least one device setting is adjusted via the terminal device and the electric tool is locked via the user interface (108/501 both 108 and 501 can adjust the setting - smart phone app, PC, [0030-0033, 0044-0047, 0086], figs. 1 and 13).
Regarding claim 5, Dey, IV et al. discloses locking the electric tool (104) via the terminal device (108) comprises locking the at least one device setting by actuating the second switching function or locking the user interface by actuating a further second switching function (switching functions both interface 501 and/or smart phone app, PC, [0030-0033, 0044-0047, 0086], figs. 1 and 13).
Regarding claim 6, Dey, IV et al. discloses adjusting at least one other device setting (RPM, torque, light) the at least one further device setting comprising at least one further operating mode and/or at least one further operating parameter of the electric tool (104), wherein the device setting is adjusted via the user interface and the at least one other device setting is adjusted via the terminal device (settings via both interface 501 and/or smart phone app, PC, [0030-0033, 0044-0047, 0086, 0106-0108, 0122, 0138], figs. 1 and 13).
Regarding claim 7, Dey, IV et al. discloses connecting the electric tool a further terminal device (PC, PDA [0031]), which has a further user interface (app) with third switching options for adjusting the at least one device setting and a third switching function for locking the electric tool (104), wherein at least one adjusted device setting is retained or modified via the other terminal device ([0076-0086], figs. 4-13 and see control screens of tool interfaces 318 with, parameters 558/three user adjustable parameters, parameter assist block 552 [0106-0108, 0122, 0138], fig. 15).
Regarding claim 8, Dey, IV et al. discloses activating a password required for unlocking the electric tool via the terminal device by activating an additional second switching function of the user interface of the terminal device [0080].
Regarding claims 9-10, Dey, IV et al. discloses the electric tool (104) remains locked when the electric tool is separated from a power supply source (102b) for less than a predeterminable period of time (data stored when locked/adaptive mode exited), wherein the electric tool is reset to factory settings (factory reset 379) if the electric tool is disconnected from a power supply source for longer than a predeterminable period of time [0068, 0090, 0106-0108].
Regarding claims 1-12, In the alternative, if it can be argued that Dey, IV et al. fails to disclose locking the electric tool with respect/regard to a modification of the at least one adjusted device setting by actuating a tool-internal or tool-external switching function of the user interface or the terminal device, wherein the electric tool is locked until one of the switching functions is actuated-
GLOVER et al. teaches locking an electric tool (10) with respect/regard to a modification of at least one adjusted device setting (step 405 three different drill modes and a tram mode, drill string 28 rotation speed and a current desired drill string 28 feed speed [0020-0022, 0027-0033], figs. 1-4) by actuating a tool-internal or tool-external switching function (44) of a user interface (Operator cab 22/joystick 40, buttons 42/44, “touch screen user interface” “control panel” [0018]) or a terminal device, wherein the electric tool is locked until one of the switching functions (44) is actuated ([0033-0037], claims 11-18, figs. 1-4).
ARAKI et al. also teaches locking an electric tool (1) with respect/regard to a modification of at least one adjusted device setting (52- torque and/or dial 24 [0065-0067]) by actuating a tool-internal or tool-external switching function (46b) of a user interface (50) or a terminal device, wherein the electric tool is locked until one of the switching functions (46b) is actuated ([0065-0071, 0078, 0114], claim 11, figs. 1-12).
Given the teachings of Dey, IV et al. to have an electric tool with adjusting parameters/modes and locking the tool mode selected, 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 to have the electric tool locking the electric tool with respect/regard to a modification of the at least one adjusted device setting by actuating a tool-internal or tool-external switching function of the user interface or the terminal device, wherein the electric tool is locked until one of the switching functions is actuated to easier/ergonomic locking the tool in desired mode, safety purposes of accidentally activating another mode, and/or for having a plurality of modes each locked as taught by GLOVER et al. and ARAKI et al.
Claim(s) 10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Dey, IV et al. (US 20160342151 A1) or, in the alternative, under 35 U.S.C. 103 as obvious over Dey, IV et al. (US 20160342151 A1) in view of Mahalingappa et al. (US 20190217460 A1) OR Dey, IV et al. (US 20160342151 A1) in view of GLOVER et al. (US 20200173234 A1) in view of ARAKI et al. (US 20200223038 A1) and further in view of Mahalingappa et al. (US 20190217460 A1).
Regarding claim 10, Dey, IV et al./Modified Dey, IV et al. discloses the electric tool is reset to factory settings (factory reset 379) if the electric tool is disconnected from a power supply source for longer than a predeterminable period of time [0068, 0090, 0106-0108].
In the alternative, if it can be argued that Dey, IV et al./Modified Dey, IV et al. fails to disclose the electric tool is reset to factory settings if the electric tool is disconnected from a power supply source for longer than a predeterminable period of time-
Mahalingappa et al. teaches a similar power tool (10) having a wireless user-interface module (UIM) 50 detachably couple to the housing (20) of the power tool (10) that communicates inputs/input parameters (56, instruction, programs, settings directed with the tool 10) and method of operating the tool with the UIM 50 ([0023-0045], figs. 1-3) and the electric tool (10) is reset to factory settings (default mode/fixed precision power mode [0040-0046]) if the (UIM) 50 is disconnected from the power tool for longer than a predeterminable period of time ([0014, 0040-0046], claims 1-20).
Given the teachings of Dey, IV et al. to have an electric tool is reset to factory settings, 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 to have the electric tool reset to factory settings if the electric tool is disconnected from a power supply source for longer than a predeterminable period of time to have precise adjustment of speed/torque during use, able to use the tool when first powered on without need to program/customize, and/or for having a quick default reset action as taught by Mahalingappa et al.
Conclusion
Additional prior art considered pertinent: see form 892.
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/ROBERT F LONG/Primary Examiner, Art Unit 3731