DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 21 January 2025 has been considered by the examiner.
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.
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Claims 21 & 23-26 are rejected on the ground of non-statutory double patenting as being unpatentable over claims 1 & 3-5 of U.S. Patent No.11,923,752 (‘the ‘752 Patent’) in view of Toukairin et al. (US Pat.Pub.2010/0283332). Claims 21 of the Application and claim 1 of the ‘752 Patent are compared below:
Claim 21 of the Application:
A power tool comprising: a housing having a motor housing portion, a handle portion, and a battery pack interface, wherein the handle portion spatially connects the motor housing portion and the battery pack interface, and wherein the battery pack interface is configured to removably receive and support a battery pack;
a brushless direct current (DC) motor within the motor housing portion and having a rotor and a stator, wherein the rotor is coupled to a motor shaft to produce an output outside of the housing, wherein the motor shaft is configured to rotate about a longitudinal axis, which extends through the motor shaft;
a combined printed circuit board (PCB) having a Hall effect sensor and power switching elements configured to drive the brushless DC motor,
wherein the power switching elements are mounted on the combined PCB in a flat orientation,
wherein the longitudinal axis extends through the combined PCB, and
wherein the combined PCB includes a plurality of motor lead pads that each include an opening cut out from an outer peripheral edge of the combined PCB, each motor lead pad configured to receive a motor lead wire of the stator;
Claim 1 of the ‘752 Patent
A power tool comprising: a housing having a motor housing portion, a handle portion, and a battery interface; wherein the handle portion spatially connects the motor housing portion and the battery interface; wherein the battery interface removably receives and supports a battery pack;
a brushless direct current (DC) motor within the motor housing portion and having a rotor and a stator, wherein the rotor is coupled to a motor shaft arranged to rotate about a longitudinal axis, which extends through the motor shaft, and to produce an output outside of the housing;
a combined printed circuit board (PCB) having a Hall sensor, power switching elements configured to drive the brushless DC motor, and a first through-hole,
wherein the power switching elements are mounted on the combined PCB in a flat orientation and
wherein the longitudinal axis extends through the first through-hole…and
wherein the combined PCB includes a plurality of motor lead pads that each include an opening cut out from an outer peripheral edge of the combined PCB, each motor lead pad configured to receive a motor lead wire of the stator;
a heat sink…wherein the heat sink includes an inner radial edge and an outer radial edge, the inner radial edge located radially closer to the longitudinal axis than the outer radial edge, wherein the inner radial edge, the outer radial edge, or both the inner radial edge and the outer radial edge is curved so as to at least partially surround the longitudinal axis;
wherein the heat sink is located between the brushless DC motor and the combined PCB,
and wherein at least one of the motor lead wires passes by a plane defined by the heat sink from one axial side of the plane to the other axial side of the plane, wherein the plane defined by the heat sink is perpendicular to the longitudinal axis; and
a processor and a memory, the processor configured to receive motor positional information from the Hall effect sensor and control the power switching elements to drive the brushless DC motor.
a heat sink attached to an end of the brushless DC motor, wherein the heat sink has a second through-hole through which the longitudinal axis extends and
wherein the heat sink is located between the brushless DC motor and the combined PCB,
wherein each of the motor lead wires passes through the heat sink such that a portion of each motor lead wire that is located in a plane defined by the heat sink and perpendicular to the longitudinal axis is fully enclosed by the heat sink; and
a control PCB configured to receive motor positional information from the Hall sensor and control the power switching elements to drive the brushless DC motor; wherein the control PCB includes a processor and a memory.
Claim 1 of the ‘752 Patent does not recite that the heat sink is in thermal contact with a plurality of the power switching elements or that the Hall effect sensor is located radially closer to the longitudinal axis than the power switching elements.
But, Toukairin teaches an electric power tool comprising a PCB (inverter board) 3 with a heat radiation plate (heat sink) ‘r’ in thermal contact with a plurality of power switching elements 3a on the board for promoting heat diffusion at the time of overload current (¶[0052]) and a Hall effect sensor 10-12 located radially closer to the longitudinal axis (rotor shaft) 2e than the power switching elements 3a (Fig.3) to detect a rotational position of the rotor (¶[0031]).
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Thus, it would have been obvious to modify claim 1 of the ‘752 Patent and provide a heat sink in thermal contact with the plurality of the power switching elements and the Hall effect sensor located radially closer to the longitudinal axis than the power switching elements as in Toukairin to promote heat diffusion at the time of overload current and detect a rotational position of the rotor, respectively.
Regarding claim 23, claim 3 of the ‘752 Patent recites the features.
Regarding claim 24, claim 4 of the ‘752 Patent recites the motor shaft extends through the through-hole, which encompasses the features.
Regarding claim 25, claim 5 of the ‘752 Patent recites the features.
Regarding claim 25, claim 1 of the ‘752 Patent recites the heat sink includes a through-hole, which encompasses the features.
Claims 27-28 & 30-32 are rejected on the ground of non-statutory double patenting as being unpatentable over claims 1, 3 & 5 of U.S. Patent No.11,031,843 (‘the ‘843 Patent’) in view of Toukairin et al. (US Pat.Pub.2010/0283332). Claim 27 and claim 1 of the ‘843 Patent are compared below:
Claim 27 of the Application:
A power tool comprising:
a brushless direct current (DC) motor having a rotor and a stator, wherein the rotor is coupled to a motor shaft to produce a rotational output, wherein the motor shaft is configured to rotate about a longitudinal axis, which extends through the motor shaft;
a combined printed circuit board (PCB) having a Hall effect sensor and power switching elements configured to drive the brushless DC motor,
wherein the power switching elements are mounted on the combined PCB in a flat orientation and wherein the longitudinal axis extends through the combined PCB, and
wherein the combined PCB includes a plurality of motor lead pads that each include an opening cut out from an outer peripheral edge of the combined PCB, each motor lead pad configured to receive a motor lead wire of the stator; and
a heat sink…wherein the heat sink includes an inner radial edge and an outer radial edge, the inner radial edge located radially closer to the longitudinal axis than the outer radial edge, wherein the inner radial edge, the outer radial edge, or both the inner radial edge and the outer radial edge is curved so as to at least partially surround the longitudinal axis;
Claim 1 of the ‘843 Patent:
A power tool comprising…
a brushless direct current (DC) motor within the motor housing portion and having a rotor and a stator, wherein the rotor is coupled to a motor shaft arranged to rotate about a longitudinal axis, which extends through the motor shaft, and to produce an output…
a combined printed circuit board (PCB) having a Hall sensor, power switching elements configured to drive the brushless DC motor, and…
wherein the power switching elements are mounted on the combined PCB in a flat orientation and wherein the longitudinal axis extends through the first through-hole, …
wherein the combined PCB includes a plurality of motor lead pads that each include an opening cut out from an outer peripheral edge of the combined PCB, each motor lead pad configured to receive a motor lead wire of the stator;
a heat sink attached to an end of the brushless DC motor, wherein the heat sink has a second through-hole through which the longitudinal axis extends and
wherein the heat sink is located between the brushless DC motor and the combined PCB, and
wherein at least one of the motor lead wires passes by a plane defined by the heat sink from one axial side of the plane to the other axial side of the plane, wherein the plane defined by the heat sink is perpendicular to the longitudinal axis.
wherein the heat sink is located between the brushless DC motor and the combined PCB,
wherein each of the motor lead wires passes through the heat sink such that a portion of each motor lead wire that is located in a plane defined by the heat sink and perpendicular to the longitudinal axis is fully enclosed by the heat sink…
Claim 1 of the ‘843 Patent does not recite a transmission coupled to the motor shaft configured to be driven by the rotational output, or a heat sink in thermal contact with a plurality of the power switching elements or that the Hall effect sensor is located radially closer to the longitudinal axis than the power switching elements.
Regarding the first difference, claim 3 of the ‘843 Patent further recites a transmission, wherein the motor shaft is coupled to the transmission which encompasses the feature.
Regarding the remaining differences, Toukairin teaches an electric power tool comprising a PCB (inverter board) 3 with a heat radiation plate (heat sink) ‘r’ in thermal contact with a plurality of power switching elements 3a on the board for promoting heat diffusion at the time of overload current (¶[0052]) and a Hall effect sensor 10-12 located radially closer to the longitudinal axis (rotor shaft) 2e than the power switching elements 3a (Fig.3) to detect a rotational position of the rotor (¶[0031]).
Thus, it would have been obvious to modify claims 1 & 3 of the ‘843 Patent and provide a heat sink in thermal contact with the plurality of the power switching elements and the Hall effect sensor located radially closer to the longitudinal axis than the power switching elements as in Toukairin to promote heat diffusion at the time of overload current and detect a rotational position of the rotor, respectively.
Regarding claim 28, claim 1 of the ‘843 Patent recites the control PCB is configured to receive motor positional information from the Hall sensor and control the power switching elements to drive the brushless DC motor and...includes a processor and a memory, which encompass the features.
Regarding claim 30, claim 3 of the ‘843 Patent recites the features.
Regarding claim 31, claim 5 of the ‘843 Patent recites the motor shaft extends through at least one selected from the group of the first through-hole and the second through-hole, which encompasses the features.
Regarding claim 32, claim 1 of the ‘843 Patent recites the heat sink has a second through-hole through which the longitudinal axis extends, which encompasses the features.
Claims 33-40 are rejected on the ground of non-statutory double patenting as being unpatentable over claims 1 & 3-5 of U.S. Patent No.11,031,843 (‘the ‘843 Patent’) in view of Toukairin et al. (US Pat.Pub.2010/0283332). Claim 33 and claim 1 of the ‘843 Patent are compared below:
Claim 33 of the Application:
A power tool comprising:
a brushless direct current (DC) motor having a rotor and a stator, wherein the rotor is coupled to a motor shaft to produce an output outside of a housing of the power tool, wherein the motor shaft is configured to rotate about a longitudinal axis, which extends through the motor shaft;
a combined printed circuit board (PCB) having a Hall sensor and power switching elements configured to drive the brushless DC motor,
Claim 1 of the ‘843 Patent:
A power tool comprising…
a brushless direct current (DC) motor within the motor housing portion and having a rotor and a stator, wherein the rotor is coupled to a motor shaft arranged to rotate about a longitudinal axis, which extends through the motor shaft, and to produce an output outside of the housing;
a combined printed circuit board (PCB) having a Hall sensor, power switching elements configured to drive the brushless DC motor, and a first through-hole,
wherein the power switching elements are mounted on the combined PCB in a flat orientation and wherein the longitudinal axis extends through a center of the combined PCB, and
wherein the combined PCB includes a plurality of motor lead pads that each include an opening cut out from an outer peripheral edge of the combined PCB, each motor lead pad configured to receive a motor lead wire of the stator; and…
wherein the heat sink includes an inner radial edge and an outer radial edge, the inner radial edge located radially closer to the longitudinal axis than the outer radial edge, wherein the inner radial edge, the outer radial edge, or both the inner radial edge and the outer radial edge is curved so as to at least partially surround the longitudinal axis…;
wherein the heat sink is located between the brushless DC motor and the combined PCB, and
wherein at least one of the motor lead wires passes at least partially in a direction parallel
to the longitudinal axis along an axial thickness of the heat sink from one axial
side of the heat sink to the other axial side of the heat sink.
wherein the power switching elements are mounted on the combined PCB in a flat orientation and wherein the longitudinal axis extends through the first through-hole…,
wherein the combined PCB includes a plurality of motor lead pads that each include an opening cut out from an outer peripheral edge of the combined PCB, each motor lead pad configured to receive a motor lead wire of the stator;
a heat sink attached to an end of the brushless DC motor, wherein the heat sink has a second through-hole through which the longitudinal axis extends and
wherein the heat sink is located between the brushless DC motor and the combined PCB,
wherein each of the motor lead wires passes through the heat sink such that a portion of
each motor lead wire that is located in a plane defined by the heat sink and
perpendicular to the longitudinal axis is fully enclosed by the heat sink…
Claim 1 of the ‘843 Patent does not recite a heat sink in thermal contact with a plurality of the power switching elements or that the Hall effect sensor is located radially closer to the longitudinal axis than the power switching elements.
But, Toukairin teaches an electric power tool comprising a PCB (inverter board) 3 with a heat radiation plate (heat sink) ‘r’ in thermal contact with a plurality of power switching elements 3a on the board for promoting heat diffusion at the time of overload current (¶[0052]) and a Hall effect sensor 10-12 located radially closer to the longitudinal axis (rotor shaft) 2e than the power switching elements 3a (Fig.3) to detect a rotational position of the rotor (¶[0031]).
Thus, it would have been obvious to modify claim 1 of the Patent and provide a heat sink in thermal contact with the plurality of the power switching elements and the Hall effect sensor located radially closer to the longitudinal axis than the power switching elements as in Toukairin to promote heat diffusion at the time of overload current and detect a rotational position of the rotor, respectively.
Regarding claim 34, claim 1 of the ‘843 Patent recites the features.
Regarding claim 35, claim 1 of the ‘843 Patent recites the features.
Regarding claim 36, claim 3 of the ‘843 Patent recites the features.
Regarding claim 37, claim 4 of the ‘843 Patent recites the features.
Regarding claim 38, claim 1 of the ‘843 Patent recites the heat sink has a second through-hole through which the longitudinal axis extends, which encompasses the features.
Regarding claim 39, claim 1 of the ‘843 Patent recites a combined printed circuit board (PCB) having a first through-hole….and wherein the longitudinal axis extends through the first through-hole which encompasses the features.
Regarding claim 40, claim 5 of the ‘843 Patent recites the motor shaft extends through at least one selected from the group of the first through-hole and the second through-hole which encompasses the features.
Claims 21-40 are rejected on the ground of non-statutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No.12,749,945 (‘the ‘945 Patent’) in view of Toukairin et al. (US Pat.Pub.2010/0283332). Claim 21 and claim 1 of the ‘945 Patent are compared below:
Claim 21 of the Application:
A power tool comprising:
a housing having a motor housing portion, a handle portion, and a battery pack interface, wherein the handle portion spatially connects the motor housing portion and the battery pack interface, and wherein the battery pack interface is configured to removably receive and support a battery pack;
a brushless direct current (DC) motor within the motor housing portion and having a rotor and a stator, wherein the rotor is coupled to a motor shaft to produce an output outside of the housing, wherein the motor shaft is configured to rotate about a longitudinal axis, which extends through the motor shaft;
a combined printed circuit board (PCB) having a Hall effect sensor and power switching elements configured to drive the brushless DC motor, wherein the power switching elements are mounted on the combined PCB in a flat orientation,
wherein the longitudinal axis extends through the combined PCB, and wherein the combined PCB includes a plurality of motor lead pads that each include an opening cut out from an outer peripheral edge of the combined PCB, each motor lead pad
configured to receive a motor lead wire of the stator;
a heat sink…, wherein the heat sink includes an inner radial edge and an outer radial edge, the inner radial edge located radially closer to the longitudinal axis than the outer radial edge, wherein the inner radial edge, the outer radial edge, or both the inner radial edge and the outer radial edge is curved so
as to at least partially surround the longitudinal axis;
Claim 1 of the ‘945 Patent:
A power tool comprising:
a housing having a motor housing portion, a handle portion, and a battery pack interface, wherein the handle portion spatially connects the motor housing portion and the battery pack interface, and wherein the battery pack interface is configured to removably receive and support a battery pack;
a brushless direct current (DC) motor within the motor housing portion and having a rotor and a stator, wherein the rotor is coupled to a motor shaft to produce an output outside of the housing, wherein the motor shaft is configured to rotate about a longitudinal axis, which extends through the motor shaft;
a combined printed circuit board (PCB) having a Hall sensor and power switching elements configured to drive the brushless DC motor, wherein the power switching elements are mounted on the combined PCB in a flat orientation,
wherein the longitudinal axis extends through the combined PCB, and wherein the combined PCB includes a plurality of motor lead pads that each include an opening cut out from an outer peripheral edge of the combined PCB, each motor lead pad configured to receive a motor lead wire of the stator;
a heat sink attached to an end of the brushless DC motor, wherein the heat sink includes a through-hole, wherein the Hall sensor is located radially inward of the through-hole,
wherein the heat sink is located between the brushless DC motor and the combined PCB, and wherein at least one of the motor lead wires passes by a plane defined by the heat sink from one axial side of the plane to the other axial side of the plane, wherein the plane defined by the heat sink is perpendicular to the longitudinal axis; and
a processor and a memory, the processor configured to receive motor positional information from the Hall effect sensor and control the power switching elements to drive the brushless DC motor.
wherein the heat sink is located between the brushless DC motor and the combined PCB, and wherein at least one of the motor lead wires passes through the heat sink such that a portion of the at least one motor lead wire that is located in a plane defined by the heat sink is fully enclosed by the heat sink, wherein the plane defined by the heat sink is perpendicular to the longitudinal axis; and
a processor and a memory, the processor configured to receive motor positional information from the Hall sensor and control the power switching elements to drive the brushless DC motor.
Claim 1 of the ‘945 Patent does not recite a heat sink in thermal contact with a plurality of the power switching elements or that the Hall effect sensor is located radially closer to the longitudinal axis than the power switching elements.
But, Toukairin teaches an electric power tool comprising a PCB (inverter board) 3 with a heat radiation plate (heat sink) ‘r’ in thermal contact with a plurality of power switching elements 3a on the board for promoting heat diffusion at the time of overload current (¶[0052]) and a Hall effect sensor 10-12 located radially closer to the longitudinal axis (rotor shaft) 2e than the power switching elements 3a (Fig.3) to detect a rotational position of the rotor (¶[0031]).
Thus, it would have been obvious to modify claim 1 of the ‘945 Patent and provide a heat sink in thermal contact with the plurality of the power switching elements and the Hall effect sensor located radially closer to the longitudinal axis than the power switching elements as in Toukairin to promote heat diffusion at the time of overload current and detect a rotational position of the rotor, respectively.
Regarding claim 22, claim 2 of the ‘945 Patent recites the features.
Regarding claim 23, claim 3 of the ‘945 Patent recites the features.
Regarding claim 24, claim 4 of the ‘945 Patent recites that the motor shaft extends through the through-hole, which encompasses the features.
Regarding claim 25, claim 5 of the ‘945 Patent recites the features.
Regarding claim 26, claim 1 of the ‘945 Patent recites the heat sink includes a through-hole, which encompasses the features.
Claims 27-40 are rejected on similar grounds over claims 7-20 of the ‘945 Patent in combination with Toukairin.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BURTON S MULLINS whose telephone number is (571)272-2029. The examiner can normally be reached 9-5. 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, Tulsidas C Patel can be reached at 571-272-2098. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BURTON S MULLINS/Primary Examiner, Art Unit 2834
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