Prosecution Insights
Last updated: October 22, 2026
Application No. 18/983,436

MOTOR CONTROL FOR GAS ENGINE REPLACEMENT DEVICE

Non-Final OA §103§112
Filed
Dec 17, 2024
Priority
Jun 17, 2020 — provisional 63/040,268 +1 more
Examiner
BOUZIANE, SAID
Art Unit
2837
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
MILWAUKEE ELECTRIC TOOL Corporation
OA Round
1 (Non-Final)
77%
Grant Probability
Favorable
1-2
OA Rounds
6m
Est. Remaining
88%
With Interview

Examiner Intelligence

Grants 77% — above average
77%
Career Allowance Rate
457 granted / 593 resolved
+9.1% vs TC avg
Moderate +10% lift
Without
With
+10.5%
Interview Lift
resolved cases with interview
Typical timeline
2y 4m
Avg Prosecution
20 currently pending
Career history
618
Total Applications
across all art units

Statute-Specific Performance

§101
2.7%
-37.3% vs TC avg
§103
53.4%
+13.4% vs TC avg
§102
15.8%
-24.2% vs TC avg
§112
26.2%
-13.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 593 resolved cases

Office Action

§103 §112
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 . Information Disclosure Statement The Information Disclosure Statement filed on 12/18/2024, 02/03/2026 and 07/23/2026 has been considered. An initialed copy of form 1449 is enclosed herewith. Claim Rejections - 35 USC § 112 3. The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claims 22 and 39 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention. The claims recite the limitation “dynamically update the mode threshold based on an operating parameter of the motor.” The boundaries of the functional language are unclear because the claim does not provide a discernable boundary on what performs the function. The recited function does not follow from the structure recited in the claim, i.e., motor, power switching network, or processor, so it is unclear whether the function requires some other structure or is simply a result of operating the processor in a certain manner. Thus, one of ordinary skill in the art would not be able to draw a clear boundary between what is and is not covered by the claim. The specification does not provide any details on how the dynamic variants is taking in account for the claimed system. The threshold can be static, adjusted by the user, or dynamically adjusted based on variables. The specification is silences with regard to details implemented to make the threshold dynamically adjusted based on motor variables; such as observing data over time, the motor is periodically, or, in some cases, continuously, tested to build a data history. The data accumulated over time can be analyzed to determine point of interest. Claim Rejections - 35 USC § 103 4. 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 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 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. Claims 21- 40 are rejected under 35 U.S.C. 103 as being unpatentable over Puzio et al. (US 20180138839 A1) in view of Mori (US 5402045 A.) Re. claims 21, 31, and 38, Puzio discloses a gas-engine (internal combustion engine 100) replacement device (see motor system 300 in fig. 3 and ¶. [0090]), comprising: a housing (312) including a battery receptacle (314), the battery receptacle configured to removably receive a battery pack (¶. [0091]); a motor located within the housing (“an electric motor received in the housing” ¶. [0091]); a power take-off shaft receiving torque from the motor and protruding from a side of the housing (“output shaft 316” ¶. [0091]); Puzio figure 5A discloses motor control circuit (522) that regulate power from the battery pack (528) to the motor (520) in the form of 3 phase AC power (U, V, W) a power switching network (532) coupled between the battery pack (528) and the motor (520), the power switching network including a plurality of high-side FETs and a plurality of low-side FETs (element 25 is an H-bridge circuit depicted in Fig. 7 of Eshleman, US 8418778 B2, which is incorporated by reference in Puzio, ¶. [0108]); and an electronic processor (522) configured to: apply a pulse width modulated signal to at least one of the plurality of low-side FETs during an on-interval of a pulse width modulated cycle (see control of the motor by pulse width modulation in Puzio, ¶. [0135] ); receive a current measurement associated with the motor (Puzio in the embodiment of Fig. 6, teach the controller include a current sensor to detect an amount of current being drawn by the motor, ¶. [0139]); determine if the current measurement exceeds a threshold, the threshold including a nominal mode threshold and a hysteresis band, the nominal mode threshold is set based on a current range where discontinuous conduction occurs for the motor (current sensor 32 depicted in Fig. 7 and its associated text in Eshleman, US 8418778 B2, which is incorporated by reference in Puzio, ¶. [0108]); Puzio does not disclose selectively control the power switching network to operate, during an off-interval of the pulse width modulated cycle, in one of a synchronous rectification mode and a freewheeling mode based on whether the current measurement exceeds the threshold. Mori fig. 2 discloses a power switching network (5) configured to selectively provide power from a DC voltage source (column 1 lines 10-20) to the motor (6); and an electronic processor (control circuit 11 shown in FIG. 3) connected to the power switching network (5) and configured to: receive a current measurement associated with the motor (current sensor 9 shown in Figs. 2-3), and Figs. 6 and 8-10 shows control the power switching network according to one of a freewheeling mode (“Flywheel current period”) or a synchronous rectification mode (Current Supply period synchronized with current provided by the rectifier 1) based on the current measurement (see measured current on Y-axis, see Imax in Fig. 6 of Puzio, and Imin in Fig. 6 of Puzio). Hence, it would have been obvious to one with ordinary skill in the art before the effective filing date of the claimed invention, to modify the invention of Puzio by the switching control taught in Mori in order to reduce “a great deal of noise” generated when the motor “current flowing to each phase coil includes a large ripple component” (Mori, column1, lines 28-32). Re. claims 22 and 39, the combination of the cited references teaches wherein the electronic processor is configured to apply a hysteresis band to the mode threshold for changing from the freewheeling mode to the synchronous rectification mode and from the synchronous rectification mode to the freewheeling mode (see hysteresis band Imin-Imax in Fig. 6 of Puzio). Re. claims 23, 24, 26 and 40, the combination of the cited references teaches wherein the electronic processor is configured to determine if the current measurement exceeds the threshold (current sensor 32 depicted in Fig. 7 and its associated text in Eshleman, US 8418778 B2, which is incorporated by reference in Puzio, ¶. [0108]); however, it would have been obvious to one having ordinary skill in the art at the time the invention was made to make the threshold value as an optimal preset value, for example, as a sum of the nominal mode threshold and a hysteresis band (approximately 5 amperes), since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering an optimum value or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233. The same reasoning apply to the feature of claim 26 as output power of at least 2760 W. Re. claims 23 and 24, the combination of the cited references teaches wherein the electronic processor is further configured to monitor a power disconnect switch (power connector 556 in Puzio) coupled to the battery receptacle; and reduce power from battery pack in response to receiving an interrupt signal from the power disconnect switch (Puzio, ¶. [0107] and [0111]). Re. claim 27, the combination of the cited references teaches power switching network includes three high-side FETs and three low-side FETs arranged in a bridge configuration (Puzio figure 5A discloses motor control circuit (522) that regulate power from the battery pack (528) to the motor (520) in the form of 3 phase AC power (U, V, W). A power switching network (532) coupled between the battery pack (528) and the motor (520), the power switching network including a plurality of high-side FETs and a plurality of low-side FETs (element 25 is an H-bridge circuit depicted in Fig. 7 of Eshleman, US 8418778 B2, which is incorporated by reference in Puzio, ¶. [0108], Mori, Fig. 2). Re. claim 28, the combination of the cited references teaches power switching network includes three high-side FETs and three low-side FETs arranged in a bridge configuration (Puzio figure 5A discloses motor control circuit (522) that regulate power from the battery pack (528) to the motor (520) in the form of 3 phase AC power (U, V, W); wherein the current measurement represents a current in an active phase coil of the motor (current sensor 32 depicted in Fig. 7 and its associated text in Eshleman, US 8418778 B2, which is incorporated by reference in Puzio, ¶. [0108]). Re. claim 29, Puzio discloses a gas-engine (internal combustion engine 100) replacement device (see motor system 300 in fig. 3 and ¶. [0090]) for powering Many tools (a post hole digger 202 of FIG. 2A, a string trimmer 204 of FIG. 2B, a tiller 206 of FIG. 2C, a concrete screed 208 of FIG. 2D and a blower 210 of FIG. 2E. As illustrated.) Hence, it would have been a design choice to apply it to a fan coupled to the motor, wherein the fan has a diameter larger than a diameter of a motor housing. Re. claim 30, Puzio discloses an electronic clutch to stop the motor (Puzio, ¶. [0143]- [0149]). Re. claim 33, Puzio discloses adjusting, via the electronic processor, the mode threshold based on an operating temperature of the motor (element 31 is an operating temperature of the motor depicted in Fig. 7 of Eshleman, US 8418778 B2, which is incorporated by reference in Puzio, ¶. [0108] based on which the electronic processor controls the motor). Re. claims 34, 35, the combination of the cited references teaches wherein controlling the power switching network to selectively operate in one of the freewheeling mode and the synchronous rectification mode based on the comparison of the measured current to the mode threshold includes: enabling only the first high-side switch when operating in the freewheeling mode, and enabling both the first high-side switch and a second high-side switch when operating in the synchronous rectification mode (Mori, Figs. 4- 10). Re. claims 36, the combination of the cited references teaches an overload condition and implementing an electronic brake in response to the overload condition (Puzio, ¶. [0107]). Re. claims 37, the combination of the cited references teaches adjusting, via the electronic processor, the mode threshold in response to determining the duty cycle off-time interval exceeding the duty cycle on-interval (see control of the motor by pulse width modulation in Puzio, ¶. [0135] and Mori, Figs. 4- 10). Examiner Notes 5. Examiner cites particular columns and line numbers in the references as applied to the claims above for the convenience of the applicant. Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested that, in preparing responses, the applicant fully consider the references in its entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the examiner. Allowable Subject Matter 6. Claims 2-4 and 16- 18 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims. Conclusion 7. Any inquiry concerning this communication or earlier communications from the examiner should be directed to SAID BOUZIANE whose telephone number is (571)272-7592. The examiner can normally be reached Mon-Fri 6:00-15:00. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Eduardo Colon-Santana can be reached at Colon-Santana. 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. /SAID BOUZIANE/Primary Examiner, Art Unit 2837
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Prosecution Timeline

Dec 17, 2024
Application Filed
Sep 29, 2026
Non-Final Rejection mailed — §103, §112
Oct 20, 2026
Response Filed

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
77%
Grant Probability
88%
With Interview (+10.5%)
2y 4m (~6m remaining)
Median Time to Grant
Low
PTA Risk
Based on 593 resolved cases by this examiner. Grant probability derived from career allowance rate.

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