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 .
Application Status
This action is responsive to the claims filed 9 January 2025.
Claims 13-24 are currently pending and being examined.
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
The following title is suggested: “Power Tool with an Acquisition Apparatus”.
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.
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 21-23 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 21, recites “an acquisition apparatus for performing the method as recited in claim 13”, claim 13 requires a power tool to complete the method, while claim 21 does not have a power tool. Claim 21 could be on a car or computer, but would not be able to perform the method because they are not power tools. Therefore, claim 21 is indefinite and unclear.
Claim Rejections - 35 USC § 102
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.
Claim(s) 13, 15-18, and 20-24 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Abe (US 2013/0189041).
Claim 13: Abe teaches a method for open-loop or closed-loop control of a power tool (figs.8-9), the power tool (1-fig.1) being connected to at least one acquisition apparatus (at least 14, 23-figs.1-3), the method comprising the following steps:
acquisition of a first distance value (S205-fig.9; ¶[0071]) by at least one sensor (14-figs.1-2) of the acquisition apparatus (¶[0037]);
inputting of at least one distance-of-travel value (¶[0039],[0051]; S202,S203-fig.9) into the acquisition apparatus by an input device (23-fig.3);
adjustment of the power tool from a first operating mode having at least a first operating characteristic value (fig.14; ¶[0087]-[0091]) into a second operating mode having at least a second operating characteristic value (S205-S206-fig.9; ¶[0073]-[0076]);
acquisition of at least a second distance value within a predetermined period of time (S206.1,S206.2-fig.9; ¶[0073]-[0074]);
transmission of at least one signal from the acquisition apparatus to the power tool in dependence on the acquired at least second distance value (S205,S206-fig.9; ¶[0073]-[0074]); and
adjustment of the power tool from the second operating mode into a third operating mode (S207-fig.9) having at least a third operating characteristic value after a predetermined signal has been received (¶[0071]).
Abe further teaches:
Claim 15: The method as recited in claim 13 wherein the adjustment of the power tool from the first operating mode having at least the first operating characteristic value (fig.14; ¶[0087]-[0091]) into the second operating mode having at least the second operating characteristic value (S205-S206-fig.9; ¶[0073]-[0076]) takes place in dependence on the length of the distance of travel (S205-S206-fig.9; ¶[0073]-[0076]).
Claim 16: The method as recited in claim 13 wherein the adjustment of the power tool from the first operating mode having at least the first operating characteristic value (fig.14; ¶[0087]-[0091]) into the second operating mode having at least the second operating characteristic value (S205-S206-fig.9; ¶[0073]-[0076]) takes place in dependence on a diameter of a borehole to be produced by the power tool (¶[0055],[0060]; The tool in the first operating mode has no diameter, where the second operating mode is to drill a bore hole that has a diameter. Therefore, the switch to the second mode is dependent on a diameter of the hole to be drilled).
Claim 17: The method as recited in claim 13 wherein the transmission of the at least one signal from the acquisition apparatus to the power tool in dependence on the acquired at least second distance value takes place either directly from the acquisition apparatus to the power tool (14-fig.1; ¶[0037]-[0038]) or by an external apparatus.
Claim 18: The method as recited in claim 13 wherein the third operating mode (S207-fig.9) corresponds to a deactivated state of the power tool (“the microcomputer 110 proceeds to S207 and outputs a signal to the inverter circuit section 102 in order to apply brake to the motor 21, thereby forcibly stop rotation of the motor 21 (braking section).” ¶[0071]).
Claim 20: The method as recited in claim 13 wherein the operating characteristic values of the power tool is a rotation speed value (¶[0074]).
Claim 21: An acquisition apparatus for performing the method as recited in claim 13 (see claim 13 above), comprising at least one sensor (14-fig.1), a control device (110, 120-fig.4), an interface device (23-fig.3) and a communication device (119-fig.4).
Claim 22: The acquisition apparatus as recited in claim 21 wherein the acquisition apparatus is detachably connectable to the power tool (¶[0039]; 23-fig.3; 23 is capable of being removed from the power tool, therefore is detachable).
Claim 23: The acquisition apparatus as recited in claim 21 wherein the acquisition apparatus is fixedly connected to the power tool (¶[0039; 23-fig.3).
Claim 24: A system comprising:
a power tool (1-fig.1) and an acquisition apparatus (at least 14, 23-figs.1-3) for performing the method as recited in 13 (see claim 13 above),
the power tool including at least a power tool interface (110-fig.4) and the acquisition apparatus including at least an interface device (23-fig.3), wherein the power tool interface and the interface device are able to be fixedly connected together (see figs.3-4 showing 23 and 110 are connected via wiring; ¶[0039]).
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) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Abe (US 2013/0189041) in view of Zeiler (US 7,431,682).
Claim 14: Abe teaches the method as recited in claim 13 wherein the adjustment of the power tool from the first operating mode having at least the first operating characteristic value (fig.14; ¶[0087]-[0091]) into the second operating mode having at least the second operating characteristic value (S205-S206-fig.9; ¶[0073]-[0076]) takes place in dependence on at least one characteristic value of a material to be machined (¶[0088]).
Abe does not expressly teach that at least one characteristic value is of a material to be machined.
However, at least one characteristic value is of a material to be machined (at least 4:43-5:27).
Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to modify the tool of Abe, by having the operation of the tool motor change depending on the type of material to be worked on, as taught by Zeiler, to ensure that the tool operates at the correct speed for the material that will be worked on. (Zeiler 4:43-5:27)
Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Abe (US 2013/0189041) in view of Wursch (US 2002/0129948).
Claim 19: Abe teaches the method as recited in claim 13 wherein a tool of the power tool is operated in a first rotation direction in the first or second operating mode (¶[0069]).
Abe does not expressly teach a second rotation direction in the third operating state.
However, Wursch teaches a second rotation direction in the third operating state (“DE 2855217 discloses a percussion-rotary tool in which the direction of rotation of the boring tool is reversed when a set depth is reached”; ¶[0008]).
Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to modify the method of Abe, by having the tool bit reverse after the depth has been reached, as taught by Wursch, to ensure that the tool does not exceed the depth that was needed and to allow for the removal of material from the hole.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KATIE L GERTH whose telephone number is (303)297-4602. The examiner can normally be reached Monday-Thursday 9am-4pm (CT).
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/KATIE L GERTH/Examiner, Art Unit 3731
/STEPHEN F. GERRITY/Primary Examiner, Art Unit 3731 15 December 2025