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 .
Status of Claims
This office action is in response to Applicant’s filing on 17 December 2024.
Claims 1 – 20 are pending.
Claim Objections
Claims 2, 10, 13, and 20 are objected because of the following informalities:
Regarding claims 2 and 13, line 6 and line 5, respectively, the limitation, “the impacts”, should read, “the rotational impacts”, referring to a previously recited limitation, “rotational impacts”, in claim 1, l. 7 and claim 12, l. 5.
Regarding claims 10 and 20, lines 1 – 2 and lines 1 – 2, the limitation, “sense motor speed of the motor and/or motor current supplied to the motor”, should read, “sense the motor speed of the motor and/or a motor current supplied to the motor”
Appropriate correction is required.
Claim Rejections - 35 USC § 112
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.
Claims 1 – 20 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Regarding claim 1, line 12, the limitation, “the motor speed”, is indefinite because the limitation lacks antecedent basis. For the purpose of compact prosecution, the examiner interprets the limitation to mean, “a motor speed”. Please note, since claims 2 – 11 depend upon claim 1 claims 2 – 11 are likewise rejected under 35 USC §112(b) for indefiniteness.
Regarding claim 12, lines 3 – 4, the limitation, “a desired power”, is indefinite because the term, “desired”, is a subjective term and the specification does not provide a standard for the term, “desired”, such that the meaning of the term can be ascertained by one of ordinary skill in the art. For the purpose of compact prosecution, the examiner interprets the limitation, “a desired power”, to mean “a power”. Please note, since claims 13 – 20 depend upon claim 12, claims 13 – 20 are likewise rejected under 35 USC §112(b) for indefiniteness.
Regarding claim 12, line 5, the limitation, “the rotational impacts”, is indefinite because the limitation lacks antecedent basis. For the purpose of compact prosecution, the examiner interprets the limitation to mean, “rotational impacts” or “a plurality of rotational impacts”. Please note, since claims 13 – 20 depend upon claim 12, claims 13 – 20 are likewise rejected under 35 USC §112(b) for indefiniteness.
Regarding claim 12, line 12, the limitation, “the motor speed”, is indefinite because the limitation lacks antecedent basis. For the purpose of compact prosecution, the examiner interprets the limitation to mean, “a motor speed”. Please note, since claims 13 – 20 depend upon claim 12, claims 13 – 20 are likewise rejected under 35 USC §112(b) for indefiniteness.
Double Patenting
The non-statutory 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 non-statutory 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 non-statutory 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 non-statutory 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.
Claims 1 – 20 are rejected on the ground of non-statutory double patenting as being unpatentable over claims 1 – 20 of U.S. Patent No. 12,212,264. Although the claims at issue are not identical, they are not patentably distinct from each other because, as shown in the chart below, claims 1 – 20 of applicant’s invention read on or are anticipated by claims 1 – 20 of U.S. Patent No. 12,212,264.
Application 18/984,690
(Claim 1) An impact power tool comprising:
a housing;
a brushless motor received in the housing;
a controller configured to control power delivery to the motor in response to actuation of a power switch;
an impact mechanism configured to be driven by the motor; and
an output spindle configured to receive rotational impacts from the impact mechanism to rotate the output spindle,
the impact mechanism configured to selectively apply the rotational impacts to the output spindle when a torque on the output spindle exceeds a threshold,
wherein the controller is configured to detect a first impact of the rotational impacts or to detect when the motor speed drops below a speed threshold value,
wherein the controller is configured to control power delivered to the motor with a first non-zero target rotational speed using closed loop control for a predetermined time period after the controller detects the first impact or that the motor speed has dropped below the speed threshold value, and
wherein the controller is configured to control power delivered to the motor with a second non-zero target rotational speed using the closed loop control after the predetermined time period, and
wherein the first non-zero target rotational speed is less than the second non-zero target rotational speed.
(claim 2) The controller is configured to control the motor using open loop control for a first time period until the first impact of the rotational impacts is detected or until the motor speed dropping below the speed threshold value is detected, and wherein the first time period begins when the power switch is actuated and ends when the first impact of the impacts is detected or when the motor speed dropping below the speed threshold value is detected.
(Claim 3) During the first time period, the controller is configured to control the motor using the open loop control and at a constant conduction band value and a constant angle advance value.
(Claim 4) The predetermined time period is factory set or adjustably set by a user.
(Claim 5) The controller is configured to control the motor to have the first non-zero target rotational speed using a constant conduction band value and a constant angle advance value during the predetermined time period.
(Claim 6) After the predetermined time period, the controller is configured to control the motor at the second non-zero target rotational speed at one or more conduction band values and angle advance values for one or more subsequent time periods.
(Claim 7) The one or more subsequent time periods comprises a first subsequent time period that is predetermined and a second subsequent time period that ends when the power switch is released by the user.
(Claim 8) The one or more subsequent time periods comprises a plurality of subsequent time periods and the motor is controlled at successively increasing conduction band values or successively increasing angle advance values during each of the successive subsequent time periods.
(Claim 9) The one or more subsequent time periods comprises a single subsequent time period that ends when the power switch is released by a user.
(Claim 10) A sensor configured to sense motor speed of the motor and/or motor current supplied to the motor, and wherein the controller is configured to monitor changes or variations in the sensed motor speed and/or the sensed motor current to detect the first impact.
(Claim 11) The sensor includes a torque transducer, a torque sensor, an audio sensor, a vibration sensor, a motor current sensor, and/or a motor speed sensor.
(Claim 12) A method for controlling power delivery to a motor in an impact power tool, the method comprising:
receiving an input from a user-actuatable power switch corresponding to a desired power to be delivered to the motor;
detecting a first impact of the rotational impacts or when the motor speed drops below a speed threshold value;
controlling power delivered to the motor to have a first non-zero target rotational speed using closed loop control for a predetermined time period after detecting the first impact or after detecting the motor speed has dropped below the speed threshold value; and
controlling power delivered to the motor with a second non-zero target rotational speed using closed loop control after the predetermined time period,
wherein the first non-zero target rotational speed is less than the second non-zero target rotational speed.
(Claim 13) Controlling the motor using open loop control for a first time period until the first impact of the rotational impacts is detected or until the motor speed dropping below the speed threshold value is detected, and wherein the first time period begins when the power switch is actuated and ends when the first impact of the impacts is detected or when the motor speed dropping below the speed threshold value is detected.
(Claim 14) During the first time period, controlling the motor using the open loop control and at a constant conduction band value and a constant angle advance value.
(Claim 15) The predetermined time period is factory set or adjustably set by a user.
(Claim 16) Controlling the motor to have the first non-zero target rotational speed using a constant conduction band value and a constant angle advance value during the predetermined time period.
(Claim 17) After the predetermined time period, controlling the motor at the second non-zero target rotational speed at one or more conduction band values and angle advance values for one or more subsequent time periods.
(Claim 18) The one or more subsequent time periods comprises a first subsequent time period that is predetermined and a second subsequent time period that ends when the power switch is released by the user.
(Claim 19) The one or more subsequent time periods comprises a plurality of subsequent time periods, wherein controlling the motor at successively increasing conduction band values or successively increasing angle advance values during each of the successive subsequent time periods.
(Claim 20) Sensing motor speed of the motor and/or motor current supplied to the motor, and wherein monitoring changes or variations in the sensed motor speed and/or the sensed motor current to detect the first impact.
U.S. 12,212,264
(Claim 1) An impact power tool comprising:
a housing;
a brushless motor received in the housing;
a controller configured to control power delivery to the motor in response to actuation of a power switch;
an impact mechanism configured to be driven by the motor; and
an output spindle configured to receive rotational impacts from the impact mechanism to rotate the output spindle,
the impact mechanism configured to selectively apply the rotational impacts to the output spindle when a torque on the output spindle exceeds a threshold,
wherein the controller is configured to detect a first impact of the rotational impacts or to detect when the motor speed drops below a speed threshold value,
wherein the controller is configured to cause power to be delivered to the motor so that the motor runs at a first no load speed before the controller detects the first impact or that the motor speed has dropped below the speed threshold value;
wherein the controller is configured to control power delivered to the motor with a first non-zero target rotational speed using closed loop control for a predetermined time period after the controller detects the first impact or that the motor speed has dropped below the speed threshold value, and
wherein the controller is configured to control power delivered to the motor with a second non-zero target rotational speed using the closed loop control after the predetermined time period, and
wherein the first non-zero target rotational speed is less than the first no load speed and is less than the second non-zero target rotational speed.
(Claim 2) The controller is configured to control the motor using open loop control for a first time period until the first impact of the rotational impacts is detected or until the motor speed dropping below the speed threshold value is detected, and wherein the first time period begins when the power switch is actuated and ends when the first impact of the rotational impacts is detected or when the motor speed dropping below the speed threshold value is detected.
(Claim 3) During the first time period, the controller is configured to control the motor using the open loop control and at a constant conduction band value and a constant angle advance value.
(Claim 4) The predetermined time period is factory set or adjustably set by a user.
(Claim 5) The controller is configured to control the motor to have the first non-zero target rotational speed using a constant conduction band value and a constant angle advance value during the predetermined time period.
(Claim 6) after the predetermined time period, the controller is configured to control the motor at the second non-zero target rotational speed at one or more conduction band values and angle advance values for one or more subsequent time periods.
(Claim 7) the one or more subsequent time periods comprises a first subsequent time period that is predetermined and a second subsequent time period that ends when the power switch is released by the user.
(Claim 8) the one or more subsequent time periods comprises a plurality of subsequent time periods and the motor is controlled at successively increasing conduction band values or successively increasing angle advance values during each of the successive subsequent time periods.
(Claim 9) the one or more subsequent time periods comprises a single subsequent time period that ends when the power switch is released by a user.
(Claim 10) A sensor configured to sense at least one of the motor speed of the motor and/or or a motor current supplied to the motor, and wherein the controller is configured to monitor changes or variations in the at least one of the sensed motor speed and/or or the sensed motor current to detect the first impact.
(Claim 11) The sensor includes a torque transducer, a torque sensor, an audio sensor, a vibration sensor, a motor current sensor, and/or a motor speed sensor.
(Claim 12) A method for controlling power delivery to a motor in an impact power tool, the method comprising:
receiving an input from a user-actuatable power switch corresponding to a power to be delivered to the motor;
delivering power to the motor so that the motor runs at a first no load speed;
subsequently detecting a first impact of rotational impacts or when a motor speed drops below a speed threshold value;
controlling power delivered to the motor to have a first non-zero target rotational speed using closed loop control for a predetermined time period after detecting the first impact or after detecting the motor speed has dropped below the speed threshold value; and
controlling power delivered to the motor with a second non-zero target rotational speed using closed loop control after the predetermined time period,
wherein the first non-zero target rotational speed is less than the first no load speed and less than the second non-zero target rotational speed.
(Claim 13) Controlling the motor using open loop control for a first time period until the first impact of the rotational impacts is detected or until the motor speed dropping below the speed threshold value is detected, and wherein the first time period begins when the power switch is actuated and ends when the first impact of the rotational impacts is detected or when the motor speed dropping below the speed threshold value is detected.
(Claim 14) During the first time period, controlling the motor using the open loop control and at a constant conduction band value and a constant angle advance value.
(Claim 15) The predetermined time period is factory set or adjustably set by a user.
(Claim 16) Controlling the motor to have the first non-zero target rotational speed using a constant conduction band value and a constant angle advance value during the predetermined time period.
(Claim 17) After the predetermined time period, controlling the motor at the second non-zero target rotational speed at one or more conduction band values and angle advance values for one or more subsequent time periods.
(Claim 18) The one or more subsequent time periods comprises a first subsequent time period that is predetermined and a second subsequent time period that ends when the power switch is released by the user.
(Claim 19) The one or more subsequent time periods comprises a plurality of subsequent time periods, wherein controlling the motor at successively increasing conduction band values or successively increasing angle advance values during each of the successive subsequent time periods.
(Claim 20) At least one of the motor speed of the motor or a motor current supplied to the motor, and wherein monitoring changes or variations in the at least one of the sensed motor speed or the sensed motor current to detect the first impact.
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 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.
Claims 1, 4 – 12, and 15 – 20 are rejected under 35 U.S.C. 102(a)(1) and 35 U.S.C. 102(a)(2) as being anticipated by Ishikawa (US 2016/0107297 A1).
Regarding claim 1, Ishikawa discloses an impact power tool (1, fig. 1) comprising:
a housing (2, fig. 1);
a brushless motor (4, fig. 1) ([0097] describes a motor 4 as a three-phase brushless motor) received in the housing;
a controller (46, fig. 2) configured to control power delivery to the motor in response to actuation of a power switch (21, fig. 1) ([0108]);
an impact mechanism (7, 14, fig. 1) configured to be driven by the motor ([0083] describes the motor 4 driving a spindle 7 and a hammer 14); and
an output spindle (15, fig. 1) configured to receive rotational impacts from the impact mechanism to rotate the output spindle ([0088] describes an anvil 15 receiving rotational impacts from the hammer 14 of the impact mechanism 7, 14),
the impact mechanism configured to selectively apply the rotational impacts to the output spindle when a torque on the output spindle exceeds a threshold ([0088] describes when a torque of a predetermined value or more is applied to the anvil 15, in other words, when the torque exceeds a threshold, the hammer 14 of the impact mechanism 7, 14 applies the rotational impacts to the anvil 15),
wherein the controller is configured to detect a first impact of the rotational impacts ([0125] – [0126] describes that during the hitting determination process, impacts by the hitting mechanism 6, which comprises the spindle 7 and the hammer 14, are detected from changes in the rotation speed of the motor 4 wherein [0113] describes this hitting determination process is executed by a control circuit 46),
wherein the controller is configured to control power delivered to the motor with a first non-zero target rotational speed using closed loop control for a predetermined time period (time period t2 – t3, fig. 14) after the controller detects the first impact ([0234] – [0251] describes a sixth embodiment wherein a feedback control is applied to the motor 4 so that a rotation speed of the motor 4 becomes equal to a set target speed rotation speed NT1 or NT2. [0236] – [0240] and figure 14 describes and shows when an operation mode is a high speed mode, at time t2 when the impacts begin, the rotation speed of the motor 4 is set using this feedback control at a target rotation speed NT1, or low speed, until time t3)
wherein the controller is configured to control power delivered to the motor with a second non-zero target rotational speed using the closed loop control after the predetermined time period ([0236] – [0240] and figure 14 describes and shows when the operation mode is the high speed mode, at the end of time t3, the rotation speed of the motor 4 is set using feedback control at a target rotation speed NT2, or high speed), and
wherein the first non-zero target rotational speed is less than the second non-zero target rotational speed (Figure 14 shows the target rotation speed NT1 is less than the target rotation speed NT2).
Regarding claim 4, Ishikawa discloses the predetermined time period is factory set or adjustably set by a user (Figure 14 shows the time period t2 – t3 as the time period from the first impact of the rotational impacts until the increase of the rotational speed of the motor 4 wherein [0011] – [0012] describes this initial driving period, determined by the control unit, as “a predetermined first time period”. The plain meaning of the term, “predetermined”, is “to decide or arrange something at an earlier time” – Cambridge dictionary, wherein one having ordinary skill in the art would recognize that in order for a new impact power tool to function as described in Ishikawa, the predetermined time period would at least be set at the time of manufacture or programming of the control unit (e.g., a factory setting)).
Regarding claim 5, Ishikawa discloses the controller (46, fig. 2) is configured to control the motor to have the first non-zero target rotational speed using a constant conduction band value and a constant angle advance value during the predetermined time period ([0234] – [0235] describes a sixth embodiment wherein the control circuit 46 sets the control amount of the motor via driving a conduction angle. [0175] – [0201] describes how the control circuit 46 sets the control amount of the motor via a constant conduction angle wherein [0195] – [0199] and fig. 9 describes and shows the low speed having a constant low speed target advance angle during time t2 – t3).
Regarding claim 6, Ishikawa discloses after the predetermined time period, the controller (46, fig. 2) is configured to control the motor at the second non-zero target rotational speed at one or more conduction band values and angle advance values for one or more subsequent time periods ([0234] – [0235] describes a sixth embodiment wherein the control circuit 46 sets the control amount of the motor via driving a conduction angle. [0175] – [0201] describes how the control circuit 46 sets the control amount of the motor via driving a conduction angle wherein [0195] – [0199] and fig. 9 describes and shows that after time t3, the control target of the advance angle value is switched from the low speed target advance angle value to a high speed target advance angle value. [0195] – [0199] and fig. 9 further describes and shows that after time t3, the advance angle value increases up to the high speed target advance angle value in stages wherein each increase/stage is additional time period).
Regarding claim 7, Ishikawa discloses the one or more subsequent time periods comprises a first subsequent time period (time t3 – t4, fig. 9) that is predetermined and a second subsequent time period (after time t4, fig. 9) that ends when the power switch (21, fig. 1) is released by the user (The examiner interprets the endpoint of the rotational speed after time t4 in the graph of fig. 9 as indicating that the fastener is set the impact power tool is working upon is set and the impact power tool is deactivated by the user).
Regarding claim 8, Ishikawa discloses the one or more subsequent time periods comprises a plurality of subsequent time periods and the motor is controlled at successively increasing conduction band values or successively increasing angle advance values during each of the successive subsequent time periods ([0234] – [0235] describes a sixth embodiment wherein the control circuit 46 sets the control amount of the motor via driving a conduction angle. [0175] – [0201] describes how the control circuit 46 sets the control amount of the motor via driving a conduction angle wherein [0196] and fig. 9 describes and shows that after time t3, the advance angle value increases up to the high speed target advance angle value in stages wherein each increase/stage is additional time period. Thus, the one or more subsequent time periods does comprise a plurality of subsequent time periods if the advance angle value requires more than two stages to increase up to the high speed target advance angle value).
Regarding claim 9, Ishikawa discloses the one or more subsequent time periods comprises a single subsequent time period that ends when the power switch is released by a user ([0234] – [0235] describes a sixth embodiment wherein the control circuit 46 sets the control amount of the motor via driving a conduction angle. [0175] – [0201] describes how the control circuit 46 sets the control amount of the motor via driving a conduction angle wherein [0196] and fig. 9 describes and shows that after time t3, the advance angle value increases up to the high speed target advance angle value in stages wherein each increase/stage is additional time period. Thus, the one or more subsequent time periods comprises a single subsequent time period if the advance angle value only requires one stage to increase up to the high speed target advance angle value as shown in fig. 9).
Regarding claim 10, Ishikawa discloses a sensor configured to sense motor speed of the motor ([0019] describes a speed detector to detect the rotation speed of the motor) and/or a motor current supplied to the motor ([0126] describes a current detection circuit 54 to detect a motor current supplied to the motor), and wherein the controller (46, fig. 2) is configured to monitor changes or variations in the sensed motor speed ([0019] describes a control unit configured to drive the motor in a feedback control in which a control amount is set such that the rotation speed detected by the speed detector becomes equal to a target rotation speed) and/or the sensed motor current to detect the first impact ([0125] – [0126] describes that during the hitting determination process, impacts by the hitting mechanism 6 can be detected by the current detection circuit 54 wherein [0113] describes this hitting determination process being executed by a control circuit 46).
Regarding claim 11, Ishikawa discloses the sensor includes ([0126]; “detection of hitting is also implemented by detecting vibration generated by hitting with an acceleration sensor”), a motor current sensor (54, fig. 2), and/or a motor speed sensor ([0019]; “a speed detector”).
Regarding claim 12, Ishikawa discloses a method for controlling power delivery to a motor in an impact power tool, the method comprising:
receiving an input from a user-actuatable power switch (21, fig. 1) corresponding to a target power to be delivered to the motor (4, fig. 1) ([0132] describes the motor 4 is driven based on the operation amount of the trigger switch 21);
detecting a first impact of rotational impacts ([0125] – [0126] describes that during the hitting determination process, impacts by the hitting mechanism 6 are detected from changes in the rotation speed of the motor 4)
controlling power delivered to the motor to have a first non-zero target rotational speed using closed loop control for a predetermined time period (time period t2 – t3, fig. 14) after detecting the first impact ([0234] – [0251] describes a sixth embodiment wherein feedback control is applied to the motor 4 so that rotation speed of the motor 4 becomes equal to a set target speed rotation speed NT1 or NT2. [0236] – [0240] and figure 14 describes and shows when an operation mode is a high speed mode, at time t2 when the impacts begin, the rotation speed of the motor 4 is set using feedback control at a target rotation speed NT1, or low speed, until time t3)
controlling power delivered to the motor with a second non-zero target rotational speed using closed loop control after the predetermined time period ([0236] – [0240] and figure 14 describes and shows when the operation mode is the high speed mode, at the end of time t3, the rotation speed of the motor 4 is set using feedback control at a target rotation speed NT2, or high speed),
wherein the first non-zero target rotational speed is less than the second non-zero target rotational speed (Figure 14 shows the target rotation speed NT1 is less than the target rotation speed NT2).
Regarding claim 15, Ishikawa discloses the predetermined time period is factory set or adjustably set by a user (Figure 14 shows the time period t2 – t3 as the time period from the first impact of the rotational impacts until the increase of the rotational speed of the motor 4 wherein [0011] – [0012] describes this initial driving period, determined by the control unit, as “a predetermined first time period”. The plain meaning of the term, “predetermined”, is “to decide or arrange something at an earlier time” – Cambridge dictionary, wherein one having ordinary skill in the art would recognize that in order for a new impact power tool to function as described in Ishikawa, the predetermined time period would at least be set at the time of manufacture or programming of the control unit (e.g., a factory setting)).
Regarding claim 16, Ishikawa discloses controlling the motor to have the first non-zero target rotational speed using a constant conduction band value and a constant angle advance value during the predetermined time period ([0234] – [0235] describes a sixth embodiment wherein the control circuit 46 sets the control amount of the motor via driving a conduction angle. [0175] – [0201] describes how the control circuit 46 sets the control amount of the motor via driving a conduction angle wherein [0195] – [0199] and fig. 9 describes and shows the low speed having a constant low speed target advance angle during time t2 – t3).
Regarding claim 17, Ishikawa discloses after the predetermined time period, controlling the motor at the second non-zero target rotational speed at one or more conduction band values and angle advance values for one or more subsequent time periods ([0234] – [0235] describes a sixth embodiment wherein the control circuit 46 sets the control amount of the motor via driving a conduction angle. [0175] – [0201] describes how the control circuit 46 sets the control amount of the motor via driving a conduction angle wherein [0195] – [0199] and fig. 9 describes and shows that after time t3, the control target of the advance angle value is switched from the low speed target advance angle value to a high speed target advance angle value. [0195] – [0199] and fig. 9 further describes and shows that after time t3, the advance angle value increases up to the high speed target advance angle value in stages wherein each increase/stage is additional time period).
Regarding claim 18, Ishikawa discloses the one or more subsequent time periods comprises a first subsequent time period (time t3 – t4, fig. 9) that is predetermined and a second subsequent time period (after time t4, fig. 9) that ends when the power switch (21, fig. 1) is released by the user (The examiner interprets the endpoint of the rotational speed after time t4 in the graph of fig. 9 as indicating that the fastener is set the impact power tool is working upon is set and the impact power tool is deactivated by the user).
Regarding claim 19, Ishikawa discloses the one or more subsequent time periods comprises a plurality of subsequent time periods, wherein controlling the motor at successively increasing conduction band values or successively increasing angle advance values during each of the successive subsequent time periods ([0234] – [0235] describes a sixth embodiment wherein the control circuit 46 sets the control amount of the motor via driving a conduction angle. [0175] – [0201] describes how the control circuit 46 sets the control amount of the motor via driving a conduction angle wherein [0196] and fig. 9 describes and shows that after time t3, the advance angle value increases up to the high speed target advance angle value in stages wherein each increase/stage is additional time period. Thus, the one or more subsequent time periods does comprise a plurality of subsequent time periods if the advance angle value requires more than two stages to increase up to the high speed target advance angle value).
Regarding claim 20, Ishikawa discloses sensing the motor speed of the motor ([0019] describes a speed detector to detect the rotation speed of the motor) and/or a motor current supplied to the motor ([0126] describes a current detection circuit 54 to detect a motor current supplied to the motor), and wherein monitoring changes or variations in the sensed motor speed ([0019] describes a control unit configured to drive the motor in a feedback control in which a control amount is set such that the rotation speed detected by the speed detector becomes equal to a target rotation speed) and/or the sensed motor current to detect the first impact ([0125] – [0126] describes that during the hitting determination process, impacts by the hitting mechanism 6 can be detected by the current detection circuit 54 wherein [0113] describes this hitting determination process being executed by a control circuit 46).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to 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 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.
Claims 2 – 3 and 14 – 15 are rejected under 35 U.S.C. 103 as being unpatentable over Ishikawa (US 2016/0107297 A1), in view of Vanko (US 2018/0248507 A1).
Regarding claim 2, Ishikawa discloses the invention as recited in claim 1.
Ishikawa discloses a first time period (time period t1 – t2, figs. 7, 9, 10, 14) beginning when the power switch (21, fig. 1) is actuated and ends when the first impact of the rotational impacts is detected (46, fig. 2) configured to control the motor using open loop control ([0018]).
Ishikawa does not explicitly disclose that the controller is configured to control the motor using open loop control for a first time period until the first impact of the rotational impacts is detected or until the motor speed dropping below the speed threshold value is detected.
However, Vanko teaches a similar impact power tool having a control scheme wherein a controller (230, fig. 2A) implements open loop speed control during no load conditions ([0088], ll. 7 – 10) and closed loop speed control is implemented once a load is detected ([0089], ll. 1 – 6) (In [0162] of Ishikawa, Ishikawa discloses during a screw tightening operation, a load begins to be applied to the motor 4 at time t2 in figs. 7, 9, 10, and 14 when the impact mechanism starts to apply rotational impacts to the output spindle. Thus, one having ordinary skill in the art would recognize that with the incorporation of the teachings of Vanko with the invention of Ishikawa, open loop speed control would be implemented during the no load condition during the time period from when the power switch is actuated at time t1 in figs. 7, 9, 10, and 14 to when the first impact of the rotational impacts is detected at time t2 in figs. 7, 9, 10, and 14).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified impact power tool, as disclosed by Ishikawa, with the controller is configured to control the motor using open loop control for a first time period until the first impact of the rotational impacts is detected, as taught by Vanko, with the motivation to improve performance of the impact power tool ([0088], ll. 1 – 4).
Regarding claim 3, Ishikawa, as modified by Vanko, discloses the invention as recited in claim 2.
The modified Ishikawa discloses during the first time period (Ishikawa – time period t1 – t2, figs. 7, 9, 10, and 14. [0162] discloses during a screw tightening operation, a load begins to be applied to the motor 4 at time t2 in figs. 7, 9, 10, and 14 when the impact mechanism starts to apply rotational impacts to the output spindle thus during the time period t1 – t2, there is a no-load on the motor 4), the controller (Ishikawa – 46, fig. 2) is configured to control the motor (Ishikawa – 4, fig. 1) using the open loop control (Vanko - [0088], ll. 7 – 10 describes during no load conditions, open loop speed control is implemented) and at a constant conduction band value and a constant angle advance value (Ishikawa – Figure 9 shows the rotation speed of the motor driven at a constant low speed target angle advance value).
Regarding claim 13, Ishikawa discloses the invention as recited in claim 12.
Ishikawa discloses a first time period (time period t1 – t2, figs. 7, 9, 10, 14) beginning when the power switch (21, fig. 1) is actuated and ends when the first impact of the rotational impacts is detected (46, fig. 2) configured is configured to control the motor using open loop control ([0018]).
Ishikawa does not explicitly disclose controlling the motor using open loop control for a first time period until the first impact of the rotational impacts is detected or until the motor speed dropping below the speed threshold value is detected.
However, Vanko teaches a similar impact power tool having a control scheme wherein a controller (230, fig. 2A) implements open loop speed control during no load conditions ([0088], ll. 7 – 10) and closed loop speed control is implemented once a load is detected ([0089], ll. 1 – 6) (In [0162] of Ishikawa, Ishikawa discloses during a screw tightening operation, a load begins to be applied to the motor 4 at time t2 in figs. 7, 9, 10, and 14 when the impact mechanism starts to apply rotational impacts to the output spindle. Thus, one having ordinary skill in the art would recognize that with the incorporation of the teachings of Vanko with the invention of Ishikawa, open loop speed control of the motor would be implemented during the no load condition during the time period from when the power switch is actuated at time t1 in figs. 7, 9, 10, and 14 to when the first impact of the rotational impacts is detected at time t2 in figs. 7, 9, 10, and 14).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified impact power tool, as disclosed by Ishikawa, with controlling the motor using open loop control for a first time period until the first impact of the rotational impacts is detected, as taught by Vanko, with the motivation to improve performance of the impact power tool ([0088], ll. 1 – 4).
Regarding claim 14, Ishikawa, as modified by Vanko, discloses the invention as recited in claim 13.
The modified Ishikawa discloses during the first time period (Ishikawa – time period t1 – t2, figs. 7, 9, 10, and 14. [0162] discloses during a screw tightening operation, a load begins to be applied to the motor 4 at time t2 in figs. 7, 9, 10, and 14 when the impact mechanism starts to apply rotational impacts to the output spindle thus during the time period t1 – t2, there is a no-load on the motor 4), controlling (Ishikawa – via controller 46, fig. 2) the motor (Ishikawa – 4, fig. 1) using the open loop control (Vanko - [0088], ll. 7 – 10 describes during no load conditions, open loop speed control is implemented) and at a constant conduction band value and a constant angle advance value (Ishikawa – Figure 9 shows the rotation speed of the motor driven at a constant low speed target angle advance value).Conclusion
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID G SHUTTY whose telephone number is 571-272-3626. The examiner can normally be reached 7:30 am - 5:30 pm, Monday - Friday.
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, SHELLEY SELF can be reached on 571-272-4524. 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.
/DAVID G SHUTTY/Examiner, Art Unit 3731
10 January 2026