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 (IDS) submitted on 01/15/2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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 §§ 706.02(l)(1) -706.02(l)(3) 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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The 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/process/file/efs/guidance/eT D-info-l.jsp.
Claims 1, 6-7, 9-10 & 15-16 of the instant application are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 15, 1, 2, 4, 4, 5 & 9 respectively, of U.S. Patent No. 12,196,815 B2 in view of Brotto et al. (U.S. Patent Application Publication No. 2016/0056731 A1).
Regarding claim 1, claim 15 of U.S. Patent No. 12,196,815 B2 teaches the claimed limitations as mapped below. The principal wording difference is identified following the chart.
Instant Application 19/018,504
U.S. Patent No. 12,196,815 B2
Claim 1: A power tool comprising: a housing including a handle and a battery pack interface; a motor within the housing, the motor including a rotor and a stator, the rotor coupled to a motor shaft to produce a rotational output; a first sensing circuit configured to detect a battery pack voltage of a battery pack connected to the battery pack interface; a second sensing circuit configured to detect a current from the battery pack; a controller including a processor and a memory, the controller configured to: receive a first signal from the first sensing circuit related to a first measurement of battery pack voltage, receive a second signal from the second sensing circuit related to the current from the battery pack, receive a third signal from the first sensing circuit related to a second measurement of battery pack voltage, and control the motor by adjusting motor control parameters based on the first measurement of battery pack voltage, the second measurement of battery pack voltage, and the current from the battery pack.
Claim 15: A power tool comprising: a housing including a handle and a battery pack interface; a motor within the housing, the motor including a rotor and a stator, the rotor coupled to a motor shaft to produce a rotational output; a first sensing circuit configured to detect a battery pack voltage of a battery pack connected to the battery pack interface; a second sensing circuit configured to detect a current from the battery pack; a controller including a processor and a memory, the controller configured to: receive a first signal from the first sensing circuit related to a first measurement of battery pack voltage, receive a second signal from the second sensing circuit related to the current from the battery pack, receive a third signal from the first sensing circuit related to a second measurement of battery pack voltage, determine a battery pack impedance based on the first measurement of battery pack voltage, the second measurement of battery pack voltage, and the current from the battery pack, and control the motor by adjusting motor control parameters of the motor based on the battery pack impedance.
Parent claim 15 does not expressly recite, using the exact language of instant claim 1, controlling the motor by adjusting motor control parameters “based on the first measurement of battery pack voltage, the second measurement of battery pack voltage, and the current from the battery pack.” Instead, claim 15 expressly recites determining battery pack impedance from those same measurements and then adjusting the motor control parameters based on the resulting battery pack impedance.
Brotto further teaches a battery management unit that controls current output based on battery information, battery state of charge, whether a load is connected, and whether the inverter is operating. In particular, the battery management unit may request a low-current output or a high-current output according to the battery condition and load requirements (see paragraph [0060]).
It would have been obvious to one of ordinary skill in the art, prior to the effective filing date of the claimed invention, to control the motor of parent claim 15 by adjusting its motor control parameters based on the first battery-voltage measurement, second battery-voltage measurement, and battery-current measurement, as further suggested by Brotto, because parent claim 15 already uses those measurements to calculate the battery pack impedance upon which the motor-control adjustment is based, while Brotto emphasizes in paragraph [0060] that battery and load information may be used to select an appropriate current output. Accordingly, using the underlying measured voltage and current values, either directly or through the impedance derived from those values, would predictably permit the controller to adapt motor operation to the electrical capability of the connected battery pack.
Regarding claim 6, claim 1 of U.S. Patent No. 12,196,815 B2 teaches the claimed limitations as mapped below. The principal wording difference is identified following the chart.
Instant Application 19/018,504
U.S. Patent No. 12,196,815 B2
Claim 6: A battery pack powered device comprising: a housing including a battery pack interface configured to receive a battery pack; a first sensing circuit configured to detect a battery pack voltage of the battery pack; a second sensing circuit configured to detect a current from the battery pack; a controller including a processor and a memory, the controller configured to: receive a first signal from the first sensing circuit related to a first measurement of battery pack voltage, receive a second signal from the second sensing circuit related to the current from the battery pack, receive a third signal from the first sensing circuit related to a second measurement of battery pack voltage, and control a motor of the battery pack powered device by adjusting motor control parameters based on the first measurement of battery pack voltage, the second measurement of battery pack voltage, and the current from the battery pack.
Claim 1: A battery pack powered device comprising: a housing including a battery pack interface configured to receive a battery pack; a first sensing circuit configured to detect a battery pack voltage of the battery pack; a second sensing circuit configured to detect a current from the battery pack; and a controller including a processor and a memory, the controller configured to: receive a first signal from the first sensing circuit related to a first measurement of battery pack voltage, receive a second signal from the second sensing circuit related to the current from the battery pack, receive a third signal from the first sensing circuit related to a second measurement of battery pack voltage, determine a battery pack impedance based on the first measurement of battery pack voltage, the second measurement of battery pack voltage, and the current from the battery pack, and control the battery pack powered device by adjusting motor control parameters of a motor of the battery pack powered device based on the battery pack impedance.
Parent claim 1 does not expressly recite, using the exact language of instant claim 6, controlling a motor by adjusting motor control parameters “based on the first measurement of battery pack voltage, the second measurement of battery pack voltage, and the current from the battery pack.” Instead, parent claim 1 determines impedance from those measurements and adjusts the motor control parameters based on the resulting impedance.
Brotto teaches that battery information and load information are supplied to a battery management unit, which uses that information to request a low-current output or a high-current output according to the battery and load conditions (paragraph [0060]).
It would have been obvious to one of ordinary skill in the art, prior to the effective filing date of the claimed invention, to configure the controller of parent claim 1 to adjust motor control parameters based on the first voltage measurement, second voltage measurement, and battery current, as suggested by Brotto, because parent claim 1 already derives the battery pack impedance from those measurements and uses that impedance to control the motor, while Brotto emphasizes in paragraph [0060] that battery and load information may be used to select an appropriate current output. Thus, directly or indirectly basing the motor-control adjustment on the measured voltage and current values would have predictably adapted motor operation to the condition and output capability of the battery pack.
Regarding claims 7, 9-10 &15, claims 2, 4, 4, 5 respectively of U.S. Patent No. 12,196,815 B2 teach the corresponding impedance-based temperature, motor-control, torque-delivery, and capacity limitations, as shown below.
Instant Application 19/018,504
U.S. Patent No. 12,196,815 B2
Claim 7: The battery pack powered device of claim 6, wherein the device is operable to estimate a battery pack temperature based on a measured battery pack impedance.
Claim 2: The battery pack powered device of claim 1, wherein the battery pack powered device is operable to determine a battery pack type for the battery pack connected to the battery pack interface based on the battery pack impedance.
Claim 9: The battery pack powered device of claim 8, wherein the current from the battery pack is lowered when the battery pack temperature is below a predetermined threshold.
Claim 4: The battery pack powered device of claim 1, wherein the battery pack powered device is operable to: estimate a battery pack temperature based on the battery pack impedance; and reduce an output power of the battery pack when the battery pack temperature is above a predetermined threshold.
Claim 10: The battery pack powered device of claim 8, wherein a warm airflow is selectively driven over the battery pack when the battery pack temperature is below a predetermined threshold.
Claim 4: The battery pack powered device of claim 1, wherein the battery pack powered device is operable to: estimate a battery pack temperature based on the battery pack impedance; and reduce an output power of the battery pack when the battery pack temperature is above a predetermined threshold.
Claim 15: The battery pack powered device of claim 6, wherein the device is operable to: determine that the battery pack has a high battery pack impedance; and adjust motor control parameters to increase torque delivery when the battery pack has the high battery pack impedance.
Claim 5: The battery pack powered device of claim 1, wherein the battery pack powered device is operable to: determine that the battery pack has a high battery pack impedance; and adjust the motor control parameters of the motor to increase torque delivery when the battery pack has the high battery pack impedance.
Regarding claim 16, claim 9 of U.S. Patent No. 12,196,815 B2 teaches the claimed limitations as mapped below. The principal wording difference is identified following the chart.
Instant Application 19/018,504
U.S. Patent No. 12,196,815 B2
Claim 16: A method for controlling a power tool, the method comprising: receiving a first signal from a first sensing circuit related to a first measurement of battery pack voltage of a battery pack; receiving a second signal from a second sensing circuit related to a current from the battery pack; receiving a third signal from the first sensing circuit related to a second measurement of battery pack voltage of the battery pack; and controlling a motor by adjusting motor control parameters based on the first measurement of battery pack voltage, the second measurement of battery pack voltage, and the current from the battery pack.
Claim 9: A method for controlling a battery pack powered device, the method comprising: receiving a first signal from a first sensing circuit related to a first measurement of battery pack voltage of a battery pack; receiving a second signal from a second sensing circuit related to a current from the battery pack; receiving a third signal from the first sensing circuit related to a second measurement of battery pack voltage; determining a battery pack impedance based on the first measurement of battery pack voltage, the second measurement of battery pack voltage, and the current from the battery pack; and controlling the battery pack powered device by adjusting motor control parameters of a motor of the battery pack powered device based on the battery pack impedance.
Parent claim 9 does not expressly recite, using the exact language of instant claim 16, controlling a motor by adjusting motor control parameters “based on the first measurement of battery pack voltage, the second measurement of battery pack voltage, and the current from the battery pack.” Instead, parents claim 9 determines impedance from those measurements and adjusts the motor control parameters based on the resulting impedance.
Brotto teaches that battery packs are engageable with and useable to power tools (paragraph [0023]). Brotto further teaches selecting high-current or low-current output based on battery and load information (paragraph [0060]).
It would have been obvious to one of ordinary skill in the art, prior to the effective filing date of the claimed invention, to apply the method of parent claim 9 to a power tool and control its motor based on the first voltage measurement, second voltage measurement, and battery-current measurement, as suggested by Brotto, because Brotto emphasizes in paragraph [0023] that the battery packs are engageable with power tools, while parent claim 9 already derives the control impedance from the claimed voltage and current measurements. Applying the parent method to a power-tool motor would have predictably adapted the power tool’s operation to the electrical condition and output capability of the connected battery pack.
Accordingly, claims 1, 6-7, 9-10, and 15-16 are not patentably distinct from the corresponding claims of U.S. Patent No. 12,196,815 B2, alone or in view of Brotto et al., and are rejected on the ground of nonstatutory obviousness-type double patenting.
Allowable Subject Matter
Claims 2–5, 8, 11–14, and 17–20 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.
The following is an examiner’s statement of reasons for allowance:
In terms of claim 2, the prior art of record does not teach alone or in combination of “wherein the power tool is operable to receive a first battery pack containing a first number of battery cells” in combination with all other elements in claim
In terms of claim 8, the prior art of record does not teach alone or in combination of “wherein the device is operable to determine whether the device is currently running” in combination with all other elements in claims 6-7.
In terms of claim 11, the prior art of record does not teach alone or in combination of “wherein the device is operable to determine if the battery pack is capable of a high output current” in combination with all other elements in claim 6.
In terms of claim 14, the prior art of record does not teach alone or in combination of “wherein the device is operable to determine an ampere-hour capacity of the battery pack based on a measured battery pack impedance” in combination with all other elements in claim 6.
In terms of claim 17, the prior art of record does not teach alone or in combination of “receiving a first battery pack containing a first number of battery cells” in combination with all other elements in claim 16.
Claims 3-5 & 12-13 & 18-20 variously depending from claims 2, 8, 11, 14 & 17 are allowable for the same above reasons.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled "Comments on Statement of Reasons for Allowance."
Examiner’s Note:
The instant application is a continuation of parent application 17/512,120, now U.S. Patent No. 12,196,815 B2. Claims 1-20 of the parent application were allowed in the Notice of Allowance mailed September 10, 2024. The Notice of Allowance determined that adjusting motor control parameters based on battery pack impedance embodied the same inventive concept as previously objected-to claim 5, which recited determining high battery pack impedance and increasing torque delivery in response thereto. The impedance is calculated from battery-voltage and battery-current measurements, as described in specification paragraphs [0107] and [0116].
Independent claims 1, 6, and 16 of the instant application similarly recite receiving first and second battery-pack-voltage measurements and a battery-current measurement and adjusting motor control parameters based on those measurements. Although the claims do not expressly recite the intermediate calculation of battery pack impedance, they encompass the same impedance-responsive motor-control operation allowed in the parent application.
The prior art considered in the parent application included Friedman et al. (U.S. Patent Application Publication No. 2020/0052479 A1) and Gartstein (U.S. Patent Application Publication No. 2002/0001745 A1). Friedman fails to disclose battery pack impedance from battery current and controlling the device accordingly. Gartstein regulates battery power flow but does not control the connected device by adjusting motor control parameters based on battery pack impedance.
Furthermore, after conducting an additional prior-art search, as documented in the attached PE2E search history, the Examiner did not identify any prior art that, alone or in combination, cures the deficiencies of Friedman and Gartstein or otherwise teaches the claimed measurement-based motor control. Accordingly, no prior-art rejection is made against claims 1–20. This determination does not affect the separate nonstatutory double-patenting rejection of claims 1, 6–7, 9–10, and 15–16 set forth above.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
U.S. 12,068,708 B2 to Yang et al. disclose an electric power tool includes: a motor; a driving circuit configured to drive the motor to output motive power; a control module configured to control the driving circuit; an energy storage element connected to the driving circuit; a current limiting element connected in series with the energy storage element and configured to charge the energy storage element with a first current; a switching element electrically connected in series with the energy storage element, connected in parallel with the current limiting element, and configured to charge or discharge the energy storage element with a second current. The electric power tool can avoid the occurrence of adverse situations such as generating electric sparks at the connection terminals of the electric power tool and of a battery pack when the battery pack is inserted into the electric power tool.
U.S. 11,548,132 B2 to Wang et al. disclose a power tool includes a case, a motor, a plurality of Hall effect sensors, a first circuit board, and a second circuit board. The Hall effect sensors detect a position of a rotor of the motor and correspondingly generate position signals. A plurality of commutating switches and a first controller are disposed on the first circuit board. A second controller is disposed on the second circuit board, and could transmit a driving signal to the first controller according to the operating signal of an operator interface. The first controller regulates the commutating switches to commutate according to the driving signal and the position signals, thereby to activate the rotor to rotate. With such design, a commutation process and a user operating process are regulated by the two different controllers, which could efficiently simplify the program code installed in each of the controllers and facilitate the maintenance of the controllers.
U.S. 2022/0123565 A1 to Ichikawa et al. disclose a battery pack is configured to supply electric power to an electric work machine, such as a power tool or outdoor power equipment. The battery pack includes a first battery-signal terminal and a second battery-signal terminal. The first battery-signal terminal outputs, to the electric work machine, a first signal indicating that discharging is to be prohibited or permitted. The second battery-signal terminal outputs, to the electric work machine, a second signal indicating that discharging is to be prohibited or permitted. Thus, two communication paths are provided for transmitting signals to permit or prohibit discharging of the battery pack.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TRUNG NGUYEN whose telephone number is (571)272-1966. The examiner can normally be reached on Mon- Friday 8AM - 4:00PM Eastern Time. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Huy Phan can be reached on 571-272-7924. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
Examiner: /Trung Q. Nguyen/- Art 2858
/ALVARO E FORTICH/Primary Examiner, Art Unit 2858