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 .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claim 1-9 provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-9 of cop ending Application No. 18/917935 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because subject matter of claims 1-9 of current application are in the application no 18/917935.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Claims 10-20 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 10-20 of copending Application No. 18917935 in view of 2021/0389377. Claims 10-20 disclose subject matter of claims 10-20 of 18917935 but lack third motor phase current based on first and second motor phase current. 2021/0389377 disclose third motor phase current based on first and second motor phase , see claim 3 . It would have been obvious to one of ordinary skill in the art to combine the power tool of 18917935 with third motor phase current of 2021/0389377 for improved control .
This is a provisional nonstatutory double patenting rejection.
Claim Rejections - 35 USC § 102
(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) 1-6, 9, are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nakahara et al (WO2021100843) .
Claim 1 Nakahara et al discloses a power tool / method ( fig1 and 2 ) comprising a housing ( tool housing ), brushless motor (15) disposed in housing , brushless motor including a rotor (13) and stator (14) , the rotor is coupled to motor shaft arranged to rotate about a longitudinal axis ( output shaft 16) , the longitudinal axis extending though the motor shaft, the motor shaft arranged to produce a rotational output to drive mechanism (23), one or more position sensors ( motor rotation measuring unit 27) disposed adjacent to brushless motor (15), the one or more position sensors configured to generate out signals corresponding to rotational position of brushless motor , power switching circuit ( inverter 51) configure to provide a supply of power form battery pack (320) to brushless motor (15) and electronic controller ( 4) connected to one or more position sensors (27) and power switching circuit (51) , the electronic controller configured to implement field oriented control (FOC) of brushless motor ( magnetic field components d-axis and q-axis ), the electronic controller configured to receive output signals from one or more position sensors , determine parameter of brushless motor based on output signals form one or more position sensors, determine drive parameters ( duty cycle CVu1, CVv1 and Cvw1 control signal of control unit 4 to inverter circuit 51) for the brushless motor (15) based on parameter of brushless motor using FOC (vector control paragraph 13), generate drive commands (cid1 and ciq1) based on drive parameters and drive brushless motor (15) based on drive commands (cid1 and ciq1). First (61) and second (62) stator current sensor .
Claim 2 Nakahara discloses parameter of brushless motor includes at least one of rotational position , speed or acceleration of brushless motor , Claim 3 Nakahara disclose wherein drive parameter of brushless motor is plurality of duty cycles for each phase of motor ( duty cycle CVu1,CVv1, Cvw1 control signal of control unit 4 to inverter 51), Claims 4 Nakahara discloses whin controller (4) is further configured to generate with a speed regulator ( 42) and output signals form one or more position sensors a current command (cid1 and ciq1). Claim 5 Nakahara discloses whin control er is configured to determine rotor speed based on out signal form one or more position signals and generate current command using speed regulator ( 42) current command (cid1 and ciq1) based on rotor speed and target speed . Claim 6 Nakahara discloses paragraphs 49-62 and fig 3 describe operating modes and switching conditions . Claim 9 Nakahara is shown fig 1 .
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) 10-15, 18-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nakahara et al in view of Bolotin et al (2021/0389377) .
Nakahara et al as disclosed above lacks disclosing third motor phase current based on firs and second motor phase current . Bolotin et al discloses in claim 3 third motor phase current . It would have been bovo to one ordinary skill in the art before the effective filing date of claimed invention to combine power tool of Nakahara et al with third motor phase current of Bolotin et al for improved control . Dependent claims 11-14,18-20 are similar to dependent claims 2-6, 9.
Allowable Subject Matter
Claims 7,8 and 16,17 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.
Prior art does not disclose fault as disclosed in claims .
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KAREN MASIH whose telephone number is (571)272-2068. The examiner can normally be reached m-f 8-5 with second Friday off.
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, Eduardo Colon-Santana can be reached at 571-272-2060. 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.
KAREN . MASIH
Examiner
Art Unit 2837
/KAREN MASIH/Primary Examiner, Art Unit 2837
Prosecution Insights