DETAILED ACTION
America Invents Act
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Priority
Applicant’s claim for priority under 35 USC §120 and 35 USC §371 is acknowledged:
This application, filed 8-November-2024, is a continuation of application 17/761,238, filed 17-March-2022, and subsequently issued as # US 12,153,985.
Application 17/761,238 is a national stage entry of WIPO/PCT application # PCT/SE2019/050891, filed 19-September-2019.
This application will, therefore, be accorded a prima facie effective filing date of 19-September-2019.
Information Disclosure Statement
The information disclosure statement IDS#1 submitted on 21-January-2025 (69 references) has been considered by the Examiner and made of record in the application file.
Preliminary Amendment
The present Office Action is based upon the original patent application filed on 18/941,334 as modified by the preliminary amendment PA#1 filed on 21-January-2025.
Claims 1-15 are pending in the present application.
Claim Rejections - 35 USC §102
The following is a quotation of the appropriate paragraphs of 35 USC §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)(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.
Claims 1-3, 5 and 8 are rejected under 35 USC §102(a)(2) as anticipated by Forgues et al. (United States Patent Application Publication # US 2012/0007748 A1), hereinafter Forgues.
Consider claim 1: Construction equipment, Forgues discloses controlled electro-pneumatic power tools and associated consumable items which include communication capability [Title; Abstract; 1A-B, 2; Para. 0002-0003, 0014-0018, 0021; claim 1, 21], comprising
a rotatable work tool, the electro-pneumatic power tool (8) incorporating a rotating shaft (20) [Fig. 1A; Para. 0032];
a wireless identification tag reader, wherein the tool contains a wireless communication device (40, and antenna (42)) which may be an RFID (tag) reader [Fig. 4; Para. 0035] and which may identify a consumable associated with the tool [Para. 0021]; and
a control unit, wherein the tool contains a microprocessor (88) [Fig. 7; Para. 0032, 0039],
wherein the rotatable work tool comprises a wireless identification tag configured to store data configured to be accessible via the wireless identification tag reader, wherein a consumable (52, 58) mounted on the tool comprises a tag (54) [Fig. 5-6; Para. 0036-0037],
wherein the data configured to be accessible via the reader comprises identification data to identify a specific rotatable work tool unit; and specifically, that an identifier stored on the tag may be compares with identifiers stored in work tool memory to ensure compatibility and permission for use [Para. 0032-0034].
Consider claim 2 and as applied to claim 1: The construction equipment according to claim 1, wherein the data configured to be accessible via the reader comprises authentication data to authenticate the rotatable work tool against the control unit. Forgues specifically discloses that an identifier stored on the tag may be compared with identifiers stored in work tool memory to ensure compatibility and permission for use (broadly an authentication process) [Para. 0032-0034].
Consider claim 3 and as applied to claim 1: The construction equipment according to claim 1, wherein the data configured to be accessible via the reader comprises tool specification data associated with the rotatable work tool. Forgues discloses that the communication device (reader) will enable the power tool to read and write the information on the consumable through an antenna (42). The data on the consumable will be transferred to the microcontroller to set and maintain the optimal process parameters [Fig. 4; Para. 0035].
Consider claim 5 and as applied to claim 1: The construction equipment according to claim 1, wherein the wireless identification tag comprises a temperature sensor arranged to determine and to store a temperature value associated with the rotatable work tool. Forgues discloses active tag operation wherein a thermocouple measures consumable temperature, and where the tag (64) and associated battery (68) allow the temperature to be communicated to the tool [Fig. 6; Para. 0037-0038].
Consider claim 8 and as applied to claim 1: The construction equipment according to claim 1, wherein the wireless identification tag and/or the wireless identification tag reader comprises a timer or clock configured to determine and to store an operating time associated with the rotatable work tool. Forgues disclosed the use of a counter (timer) to store a cumulative time the consumable has been used [Fig. 5; Para. 0036].
Claim Rejections - 35 USC §103
The following is a quotation of 35 USC §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.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 USC §102 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 the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 USC §102(b)(2)(C) for any potential 35 USC §102(a)(2) prior art against the later invention.
Claim 4 is rejected under 35 USC §103 as unpatentable over Forgues et al. (United States Patent Application Publication # US 2012/0007748 A1), hereinafter Forgues, in view of Seliya (United States Patent Application Publication # US 2006/0014475 A1).
Consider claim 4 and as applied to claim 1: The construction equipment according to claim 1, wherein the data configured to be accessible via the reader comprises tool dimension data associated with the rotatable work tool.
Forgues discloses that a consumable size parameter may be important to tool operation [Para. 0009], but does not explicitly disclose storing of size or dimension information on the RFID tag. This was known in analogous prior art however, and for example:
Sekiya discloses a grindstone (rotary work tool) in which a radio IC tag (3) may be embedded in a recessed portion (221) of the grindstone (22) [Title; Abstract; Fig. 1-2; Para. 0001; 0007-0009, 0021-0022], and particularly that data on the characteristic properties such as the thickness and edge projecting length of the grindstone blade (72) and the size and density of the abrasive grains are stored in the radio IC tag (3) [Fig. 6; Para. 0034].
Therefore, it would have been obvious to one of ordinary skill in the art at the time of effective filing for the invention, to store tool and/or tool consumable size and dimension information on an associated RFID tag, as taught by Sekiya, and applied to an electro-pneumatic power tool as taught by Forgues, where compatibility of the consumable, and/or operational parameters (such as rotational speed) may be dictated by these dimensions.
Claim 6 is rejected under 35 USC §103 as unpatentable over Forgues et al. (United States Patent Application Publication # US 2012/0007748 A1), hereinafter Forgues, in view of Alvelid et al. (United States Patent # US 5,176,053), hereinafter Alvelid.
Consider claim 6 and as applied to claim 1: The construction equipment according to claim 1,
wherein the wireless identification tag comprises a first and a second temperature sensor, arranged radially from each other on the rotatable work tool,
wherein the first and second temperature sensor is arranged to determine a radial temperature gradient associated with the rotatable work tool.
Forgues discloses the use of multiple sensors to obtain different measurements [Fig. 7; Para. 0039], but does not specifically disclose the use of multiple temperature sensors. This was known in analogous prior art, however, and for example:
Alvelid discloses a cutting tool with a state indicator comprising a plurality of temperature sensors so as to measure temperature distribution within the tool [Title; Abstract; Fig. 1-9; Col. 2, 14-36, 50-62; Claim 1].
Therefore, it would have been obvious to one of ordinary skill in the art at the time of effective filing for the invention, to provide a plurality of temperature sensing elements within a cutting tool as taught by Alvelid and applied to an electro-pneumatic power tool as taught by Forgues, in order to monitor temperature distribution within the tool, and continue monitoring when sensors closer to the surface are worn away.
Claim 7 is rejected under 35 USC §103 as unpatentable over Forgues et al. (United States Patent Application Publication # US 2012/0007748 A1), hereinafter Forgues, in view of Hirokawa (United States Patent Application Publication # US 2004/0087248 A1).
Consider claim 7 and as applied to claim 1: The construction equipment according to claim 1, arranged to regulate a flow of water for cooling the rotatable work tool based on a temperature sensor reading from the wireless identification tag.
Forgues discloses the use of temperature sensors, and the need to monitor temperature with respect to various manufacturing processes [Fig. 6-7; Para. 0037-0039], and suggests that rotational speed may be controlled, at least in part, based on temperature, but does not specifically disclose systems to control tool temperature. Use of cooling water was known in analogous prior art, however, and for example:
Hirokawa discloses a polishing tool and apparatus [Title; Abstract, Fig. 5, 6, 7B; Para. 0002, 0008-0011] and specifically the regulation of a flow of cooling water to regulated tool temperature [Para. 0057].
Therefore, it would have been obvious to one of ordinary skill in the art at the time of effective filing for the invention, to monitor temperature of a rotation tool and use the temperature to regulate the flow of water as taught by Hirokawa, and applied to an electro-pneumatic power tool as taught by Forgues, in order to maintain tool work temperature within proscribed limits
Claims 9-11 and 14 are rejected under 35 USC §103 as unpatentable over Forgues et al. (United States Patent Application Publication # US 2012/0007748 A1), hereinafter Forgues, in view of Chakraborty et al. (United States Patent Application Publication # US 2007/0159330 A1), hereinafter Chakraborty.
Consider claim 9: A construction equipment system comprising construction equipment and a remote server,
the construction equipment, Forgues discloses controlled electro-pneumatic power tools and associated consumable items which include communication capability [Title; Abstract; 1A-B, 2; Para. 0002-0003, 0014-0018, 0021; claim 1, 21], comprising
a rotatable work tool, the electro-pneumatic power tool (8) incorporating a rotating shaft (20) [Fig. 1A; Para. 0032];
a wireless identification tag reader, wherein the tool contains a wireless communication device (40, and antenna (42)) which may be an RFID (tag) reader [Fig. 4; Para. 0035] and which may identify a consumable associated with the tool [Para. 0021], and
a control unit, wherein the tool contains a microprocessor (88) [Fig. 7; Para. 0032, 0039],
wherein the rotatable work tool comprises a wireless identification tag configured to store data configured to be accessible via the wireless identification tag reader, wherein a consumable (52, 58) mounted on the tool comprises a tag (54) [Fig. 5-6; Para. 0036-0037],
wherein the data configured to be accessible via the reader comprises identification data to identify the rotatable work tool, specifically, that an identifier stored on the tag may be compares with identifiers stored in work tool memory to ensure compatibility and permission for use [Para. 0032-0034];
the remote server being communicatively coupled to the control unit and configured to access data stored by the wireless identification tag,
where the remote server implements a digital twin corresponding to the identity of the rotatable work tool.
Forgues does not disclose the use of a remote server, or generation of a twin or digital copy of a tag associated with the work tool. This was known in analogous prior art, however, and for example:
Chakraborty a system and method for implementing virtual RFID tags [Title; Abstract; Fig. 1A; Para. 0023] and particularly that a virtual copy of RFID tags may be stored on a remote server (105) in order optimize system operation [Fig. 1A; Para. 0023, 0029-0033].
Therefore, it would have been obvious to one of ordinary skill in the art at the time of effective filing for the invention, to store a digital copy, or virtual twin, of an RFID tag information, at a remote server as taught by Chakraborty, and applied to an electro-pneumatic power tool as taught by Forgues, in order to read (or write) information from the tag in an efficient manner, and at times when direct communication with the tag is not possible, such as when the tool is not operating.
Consider claim 10 and as applied to claim 9: The construction equipment system according to claim 9, where the digital twin is configured to keep track of tool use, tool wear, and/or to determine appropriate service intervals for the corresponding rotatable work tool. Forgues discloses that the tag may be used to monitor and record consumable use intervals and wear [Fig. 5; Para. 0036; Claim 5, 12].
Consider claim 11 and as applied to claim 9: The construction equipment system according to claim 9,
wherein the remote server is arranged to store information relating to the construction equipment and/or relating to the rotatable work tool, Forgues discloses that the tag stores information about the consumable item and tool [Fig. 5, 6; Para. 0035-0037],
wherein the information is indexable by identification data stored by the wireless identification tag. Chakraborty discloses that a virtual copy of the tag is made in a remote server, and that tag information may be indexed [Fig. 1A, 1B; Para. 0023, 0029-0034, 0038].
Consider claim 14 and as applied to claim 9: The construction equipment system according to claim 9, wherein the remote server is arranged to determine a service interval associated with the construction equipment and/or trigger rotatable work tool replacement based on the data stored by the wireless identification tag.
Forgues discloses that an internal counter circuit of the power tool may be used by the microcontroller to store the cumulative time of use of the consumable accessory, and may inform the operator that the consumable accessory may require replacement based on predetermined parameters [Claim 12].
Forgues does not disclose that this operation is performed by a remote server, but Chakraborty discloses use of a server in which tag copies may reside.
Therefore, it would have been obvious to one of ordinary skill in the art at the time of effective filing for the invention that this function might be performed by either the tool microprocessor or the server according to well-known principles of distributed computing
Claims 12, 13 and 15 are rejected under 35 USC §103 as unpatentable over Forgues et al. (United States Patent Application Publication # US 2012/0007748 A1), hereinafter Forgues, and Chakraborty et al. (United States Patent Application Publication # US 2007/0159330 A1), hereinafter Chakraborty, further in view of Steketee et al. (United States Patent Application Publication # US 2017/0372534 A1), hereinafter Steketee.
Consider claim 12 and as applied to claim 9: The construction equipment system according to claim 9, wherein the remote server is arranged to determine one or more statistics associated with the construction equipment and/or with the rotatable work tool.
Forgues teaches the detection and monitoring of tool usage and wear [Fig. 5; Para. 0016, 0036], but does not specifically disclose communicating these to a server, or aggregation into statistical data. Such aggregation is known in analogous prior art, however, and for example:
Steketee discloses a monitoring and maintenance system directed toward construction vehicle and tools, and where usage and wear data is aggregated (as statistics) and presented to users [Title; Abstract; Fig. 1, 2; 29, 32, 70; Para. 0010-0014; 0055, 0093, 0198, 0201, 0317-0318, 0328, 0035].
Therefore, it would have been obvious to one of ordinary skill in the art at the time of effective filing for the invention, to aggregate use data collected for tools for statistical analysis and presentation as taught by Steketee, and applied to an electro-pneumatic power tool as taught by Forgues, in to better manage use of the tools (for ordering of replacement consumables, for example).
Consider claim 13 and as applied to claim 9: The construction equipment system according to claim 9, wherein the remote server is arranged to determine a training need of an operator using the construction equipment based on the data stored by the wireless identification tag.
Forgues teaches that information and warnings may be provided to a tool operator [Fig. 4; Para. 0035], but does not specifically disclose communicating these to a server, or an indication that the user needs further training. This was known in analogous prior art, however, and for example:
Steketee discloses a monitoring and maintenance system directed toward construction vehicle and tools, and where usage and wear data is aggregated (as statistics) and which may include the scoring of an operator’s performance, and determine if training is necessary [Title; Abstract; Fig. 1, 2, 16; Para. 0010-0014; 0164, 0178-0180].
Therefore, it would have been obvious to one of ordinary skill in the art at the time of effective filing for the invention, to aggregate use data collected for tools for statistical analysis and particularly for operator scoring and training assessment as taught by Steketee, and applied to an electro-pneumatic power tool as taught by Forgues, in to better manage use of the tools (assist in ensuring that the tools are used correctly).
Consider claim 15 and as applied to claim 9: The construction equipment system according to claim 9,
wherein the wireless identification tag comprises an inertial measurement unit, IMU,
wherein the IMU is configured to monitor a vibration signature of the rotatable work tool, and to detect any of; crack formation in the tool, blade core skew or unevenness, blade wear, and tool glazing or polished diamonds, based on the vibration signature.
Forgues discloses use of a variety of sensors, including: rotational speed, strain gauges, temperature, pressure and torque [Para. 0032, 0039], but does not specifically disclose vibration sensors or monitoring of a vibration signature. This was known in analogous prior art, however, and for example:
Steketee discloses a monitoring and maintenance system directed toward construction vehicle and tools, and where usage and wear data is aggregated (as statistics) and which may include the monitoring of vibration to determine component wear and imbalance [Title; Abstract; Fig. 1, 2, 47; Para. 0010-0014; 0240-0242, 0262-0265; Claim 1-2, 14-15].
Therefore, it would have been obvious to one of ordinary skill in the art at the time of effective filing for the invention, to aggregate accelerometer data collected for tools to determine vibration patterns indicative of tool wear as taught by Steketee, and applied to an electro-pneumatic power tool as taught by Forgues, in to determine whether tool service or replacement is indicated).
Conclusion
The prior art made of record and not relied upon is considered pertinent to Applicant’s disclosure.
Forster (U.S. Patent Application Publication # US 2013/0106578 A1) disclosing an array of RFID tags with sensing capability.
Dammertz (U.S. Patent Application Publication # US 2008/0252446 A1) disclosing a power hand tool with data collection and storage.
Any inquiry concerning this communication or earlier communications from the Examiner should be directed to STEPHEN R BURGDORF whose telephone number is (571)270-7328. The Examiner can normally be reached on Monday and Friday at 11:00 AM to 8:00 PM EST/EDT.
If attempts to reach the Examiner by telephone are unsuccessful, the Examiner’s supervisor, Quan-Zhen Wang can be reached at (571)272-3114. The fax phone number for the organization where this application or proceeding is assigned is (571)273-8300.
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/STEPHEN R BURGDORF/ Examiner, Art Unit 2685