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 .
Election/Restrictions
Applicant’s election without traverse of claims 1-6 in the reply filed on 07/17/2026 is acknowledged.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 11/13/2024, 10/01/2025, 02/05/2026. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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.
Claim Rejections - 35 USC § 102
4. 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.
Claims 1-2, 4 are rejected under 35 U.S.C. 102 as being anticipated by Nieh (US2022/0397426A1).
Regarding claim 1, Nieh discloses a power tool comprising: "a housing" (an electric power tool having a body including a handle region, with a variable speed trigger control assembly mounted to the body of the electric power tool near the handle. The trigger control assembly includes a molded plastic housing 6 enclosing components of the trigger control assembly [0058]-[0060], FIGS. 1A-1B).
a trigger disposed on an outside of the housing, the trigger including a magnet (actuator 4 having a finger operable portion accessible to the user and an actuator shaft that slides inwardly and outwardly through an opening in housing 6 when the trigger is squeezed. Magnetic element 3, which may comprise a permanent magnet, is fixed to actuator shaft 4 ([0060]-[0061], FIGS. 1A-1 B).
a motor within the housing, the motor configured to produce a rotational output to a
drive mechanism (the electric power tool includes brushless DC motor 10 having a rotor with an output shaft supported by bearings for providing output torque, wherein energization of the stator windings causes rotational movement of the rotor shaft [0059]).
a Hall effect sensor configured to sense a position of the trigger based on a proximity of the magnet to the Hall effect sensor (magnetic sensor 2 embodied as a Hall effect sensor and magnetic element 3 mounted on actuator shaft 4. As the trigger is moved, sensor 2 senses varying magnetic field readings from magnetic element 3 that are expressly stated to be indicative of the relative distance of magnetic element 3 from magnetic sensor 2, further explains that, as the trigger is squeezed farther, magnetic element 3 moves progressively closer to Hall effect sensor 2 and the Hall effect sensor senses progressively stronger magnetic field readings [0061]-[0062]).
an electronic controller connected to the Hall effect sensor (Hall effect sensor 2 mounted on sensor PCB 5, which converts the sensor output to a variable voltage signal serving as an input to control module 11. Sensor PCB 5 is operably connected to the main PCB carrying the control module [0062]-[0063]).
the electronic controller configured to determine the position of the trigger based on a signal from the Hall effect sensor (Hall effect sensor 2 produces an output corresponding to the varying magnetic field, and thus the relative distance between magnetic element 3 and Hall effect sensor 2, which in turn corresponds to movement and position of actuator 4. The resulting variable voltage signal is received by control module 11 [0061]-[0063]).
and control the drive mechanism based on the position of the trigger (that control module 11 controls operation of brush less DC motor 10 so that motor speed, direction, and torque correspond to movement of actuator 4 as indicated by the output of Hall effect sensor 2 [0063]).
Regarding claim 2, Nieh further discloses wherein the position is one of a depressed position or a released position (actuator 4 movable between an OFF position and an ON position. The actuator shaft moves inwardly into housing 6 when the finger operable portion is squeezed and moves outwardly when the trigger is released. The position of actuator 4 is detected by Hall effect sensor 2 based on the varying magnetic field readings associated with the relative distance between magnetic element 3 and sensor 2 ([0060]-[0062], FIGS. 1A-1 B).
Regarding claim 4, Nieh further discloses wherein the Hall effect sensor is configured to sense a varying amount of magnetic flux based on the position of the Hall effect sensor relative to the magnet (Hall effect sensor 2 senses varying magnetic field readings from magnetic element 3, with the readings being indicative of the relative distance between magnetic element 3 and sensor 2. As actuator 4 is squeezed farther, magnetic element 3 moves progressively closer to Hall effect sensor 2, causing the sensor to detect progressively stronger magnetic field readings ([0061]-[0062]).
Claim Rejections - 35 USC § 103
5. 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 of this title, 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.
Claims 3, 5-6 are rejected under 35 U.S.C. 103 as being unpatentable over Nieh (US2022/0397426A1) in view of Merget (U.S. Publication 20220134532).
Regarding claim 3, Nieh does not expressly disclose that "the Hall effect sensor is a digital Hall effect sensor."
Merget in a relevant art teaches a contactless magnetic trigger arrangement for a power tool including annular magnet 508 associated with trigger shoe 228 and digital magnetic sensor 602, wherein the digital magnetic sensor 602 may be an omni directional Hall effect sensor having a normally high state that transitions low as the magnet transitions to a different polarity ([0069], FIG. 11).
Merget further teaches that digital sensor 602 may be a rotational Hall effect magnetic sensor configured to measure a magnetic flux density vector component and provide a digital output ([0070], FIG. 12).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to implement Nieh's Hall effect sensor as the digital Hall effect sensor taught by Merget, because Merget teaches such a digital Hall effect sensor for the same purpose of contactlessly detecting movement/position of a magnetic power tool trigger. Such a modification would provide a predictable digital output indicative of trigger position for use by the electronic controller.
Regarding claim 5, Nieh does not expressly disclose that, when the trigger is in the depressed position, the electronic controller is configured to control the drive mechanism to initiate a firing operation of the power tool.
Merget teaches that, for power tools having cyclic motor operation enabled upon a trigger pull, such as a nailer or stapler, a digital magnetic sensor may detect trigger actuation and provide the trigger signal to the controller for operation of the tool ([0084]).
It would have been obvious to one of ordinary skill in the art before the effective filing date to employ Nieh's Hall effect trigger control arrangement in a firing type power tool, such as the nailer or stapler taught by Merget, and to configure the controller to initiate the firing operation in response to detecting the depressed trigger position, because Merget teaches cyclic tool operation enabled by trigger pull, thereby predictably applying Nieh's trigger position control to initiate the intended operating cycle of the firing type power tool.
Regarding claim 6, Nieh does not expressly disclose wherein, when the trigger is in the depressed position, the Hall effect sensor does not detect the magnet.
Merget teaches a digital magnetic sensor 602 that may be an omni directional Hall effect sensor having discrete high/low states responsive to movement of the trigger magnet
([0069], FIG. 11).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify Nieh's Hall effect trigger sensing arrangement according to Merget's digital Hall effect sensor configuration such that movement of the trigger causes the Hall effect sensor to transition between magnet detected and magnet not detected states, including configuring the depressed trigger position as the magnet not detected state, to provide the controller with a clear binary indication of trigger position, thereby simplifying trigger state determination and reducing false or ambiguous trigger detection.
Conclusion
6. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Sergyeyenko (U.S. Publication 20150115857) discloses a power tool is disclosed having a compact AC switch assembly. An electric motor driving the power tool is contained within a housing that includes a handle. A trigger is slidingly received in the handle and moves in an axis of trigger travel along a trigger travel distance extending between an extended position of the trigger and a depressed position.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TAQI R NASIR whose telephone number is (571)270-1425. The examiner can normally be reached 9AM-5PM EST M-F.
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, Lee Rodak can be reached at (571) 270-5628. 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.
/TAQI R NASIR/Examiner, Art Unit 2858
/JERMELE M HOLLINGTON/Primary Examiner, Art Unit 2858
Prosecution Insights