DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Information Disclosure Statement
The information disclosure statements (IDS) submitted and filed after the mailing date of the Non-Final Rejection on 10/28/2025. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: the phrase “the collar includes a first rotational ring corresponding to the plurality of torque settings and a second rotational ring corresponding to the plurality of operating mode settings” (claim 24) is not found in the specification.
Claim Objections
Claim 24 is objected to because of the following informalities: “the collar includes a first rotational ring corresponding to the plurality of torque settings and a second rotational ring corresponding to the plurality of operating mode settings” is not found in the specification. Appropriate correction is required.
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 (or as subject to pre-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.
Claim(s) 21-23, 26, 28, 33-36, and 39-40 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by LAM et al. (US 20140034347 A1).
Regarding claims 21, 28, 33-35, and 39-40, LAM et al. discloses power tool (10) comprising: a housing (11) including a front portion (14); a motor (12) disposed within the housing; a collar (20) positioned on the front portion of the housing and configured to select among a plurality of rotationally selectable settings, the plurality of rotationally selectable settings including a plurality of torque settings and a plurality of operating mode settings (rotationally selectable settings ([0034-0049], figs. 1-8);
a printed circuit board assembly ("PCBA" (31) disposed within the housing, the PCBA including: a first plurality of resistive elements (electrical contacts 33/resistors 35), each of the first plurality of resistive elements associated with a torque setting of the plurality of torque settings (twenty contacts 33 with resistors 35 [0038-0039]); a second plurality of resistive elements (78/79), each of the second plurality of resistive elements associated with an operating mode setting of the plurality of operating mode settings (driver and drill); a plurality of conductive tracks (82/83), each conductive track of the plurality of conductive tracks electrically connected to a resistive element (35) of the first plurality of resistive elements or the second plurality of resistive elements; and a signal output configured to output an electrical signal based on contact between the collar and one of the plurality of conductive tracks, wherein the collar is rotatable with respect to the PCBA, rotatable to select one of the plurality of rotationally selectable torque or operating mode settings ([0034-0046], figs. 1-5). LAM et al. discloses the PCBA is electrically connected to an electronic processor (control circuit 31 [0020, 0034-0038]), the electronic processor is configured to: receive the electrical signal from the signal output; set, in response to the collar corresponding to one of the plurality of torque settings, a torque level of the motor, and set, in response to the collar corresponding to one of the plurality of operating mode settings (mode change via 26), an operating mode of the power tool (mode change operator 26 sets to driver for an output torque limit torque setting and switches to drill [0037-0046]);
a mapping of torque levels corresponding to the plurality of torque settings includes torque levels assigned to respective ones of the first plurality of resistive elements based on a maximum torque value and a minimum torque value (motor reaches the value set by the rotary encoder, and thus the selected maximum value of the torque [0038] and rotationally selectable settings ([0034-0049], figs. 1-8) and;
each of plurality of torque settings is proportionally distributed between the minimum torque value and the maximum torque value (control circuit 31 compares the level the current consumed by the motor, which increases in proportion to the torque [0038] and rotationally selectable settings ([0034-0049], figs. 1-8). LAM et al. also discloses having encoder disc 122, a wiper 130 ring-shaped conductor, track lengths 133a-133e and conductive annular track 140 to set torque ([0047-0049], figs. 6-8).
Regarding claims 22-23 and 36, LAM et al. discloses the PCBA includes a wiper (30/130) connected to the collar, the wiper configured to rotate with the collar to electrically contact one of the plurality of conductive tracks wherein: the first plurality of resistive elements are arranged in a semi-circular pattern on the PCBA; and the wiper (30/130) is configured to electrically connect to one of the first plurality of resistive elements or one of the second plurality of resistive elements ([0039-0049], figs. 2 and 6).
Regarding claims 26, LAM et al. discloses the signal output is configured to output a distinct voltage level corresponding to each of the plurality of rotationally selectable settings (respective motor current threshold [0038-0040, 0046-0049], figs. 4-8).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 25 and 37 is/are rejected under 35 U.S.C. 103 as obvious over LAM et al. (US 20140034347 A1) in view of Milbourne (US 20020096342 A1).
Regarding claims 25 and 37, LAM et al. discloses a mode change switch (26) for changing the operating mode of the power tool (mode change operator 26 sets to driver for an output torque limit torque setting and switches to drill [0037-0046]) and rotationally selectable settings with collar ([0034-0049], figs. 1-8).
LAM et al. fails to disclose the collar is continuously rotatable beyond a full revolution.
Milbourne teaches a power tool (10) having a collar (clutch mechanism 18/adjustment mechanism 704, figs. 1 and 26-29) that is continuously rotatable ([0003, 0095, 0104], claims 16 and 25, figs. 1 and 23-30).
Given the teachings of LAM et al. to have rotationally selectable settings with collar and a mode switch for changing the mode of collar/device, it 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 to modify the collar to be continuously rotatable beyond a full revolution to have more settings or reset the tool/collar back to start, indexing the power tool a selected number of degrees to have precise adjustment of speed/torque for more precise operation of the tool, more precise action on a workpiece (avoid overshoot/damage to the workpiece) and/or for feedback purposes as taught by Milbourne.
Claim(s) 31-32 is/are rejected under 35 U.S.C. 103 as obvious over LAM et al. (US 20140034347 A1) in view of SUDA et al. (US 20120169256 A1).
Regarding claims 31-32, LAM et al. discloses a mode change switch (26) for changing the operating mode of the power tool (mode change operator 26 sets to driver for an output torque limit torque setting and switches to drill [0037-0046]) and rotationally selectable settings with collar ([0034-0049], figs. 1-8).
LAM et al. fails to disclose having a hammer mode and the signal output includes a mode pin configured to output a signal indicative of an operating mode selection and an e-clutch pin configured to output a signal indicative of a torque setting selection.
SUDA et al. teaches a power tool (10) having a collar (19/80/85) for plurality of operating mode settings (4 modes) includes a drilling mode, a driving mode, and a hammer mode [0119] and a signal output includes a mode pin (mode changeover switches 37 and 38/movable portions 47 and 48) configured to output a signal indicative of an operating mode selection [0117-0159] and an e-clutch pin (projections 51 and 52 for clutch and manipulation/display panel 21 or dial 80/85) configured to output a signal indicative of a torque setting selection ([0160-0185, 0227-0234, 0286], figs. 1-15).
Given the teachings of LAM et al. to have rotationally selectable settings with collar and a mode switch for changing the mode of collar/device, it 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 to modify the include a hammer mode and the signal output includes a mode pin configured to output a signal indicative of an operating mode selection and an e-clutch pin configured to output a signal indicative of a torque setting selection to have more modes, precise adjustment of speed/torque for more precise operation of the tool, safety purposes (not operate past thresholds), automated control for more precise action on a workpiece (avoid overshoot/damage to the workpiece) and/or for feedback purposes as taught by SUDA et al.
Allowable Subject Matter
Claims 24, 27, 29-30, and 38 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.
As allowable subject matter has been indicated, applicant's reply must either comply with all formal requirements or specifically traverse each requirement not complied with. See 37 CFR 1.111(b) and MPEP § 707.07(a).
Reasons for Allowable Subject Matter
The following is an examiner’s statement of reasons for allowance: the prior art of record fails to teach or render obvious a power tool comprising rotatable collars for selecting torque and mode comprising all the structural and functional limitations and further comprising, amongst other limitations/features, multiple rotationally settings include multiple torque settings and multiple operating mode settings with two collars/rings (rotating clutch collar and mode selector ring) both working in conjunction with printed circuit board assembly (PCBA) having multiple resistive elements associated with a torque setting as well as resistive elements for the mode ring/collar and resistive elements align with a conductive track of multiple conductive tracks to provide a signal output is configured to output an electrical signal based on contact between the collar and one of the conductive paths. The collar is rotatable with respect to the PCBA to select one of rotationally selected settings. Though the prior art of record teaches having a rotatable collar with multiple torque settings via conductive/resistive elements that align when the dial is turned, there is not a second mode collar working in conjunction with the torque dial with a single PCBA to provide both torque and mode adjustment and one of ordinary skill would recognize that a second collar cannot be added to single collar without having to add other electronic features, modifying the housing and the mode selector mechanism. Having the efficiency and added adjustment of the added torque and mode combination provides an effective adjustment of the desired torque and mode with an ergonomic dial and safer change over while using the tool.
While various features of the claimed subject matter are found individually in the prior art, a skilled artisan would have to include knowledge gleaned only from the applicant's disclosure to combine or modify the teachings of the prior art to produce the claimed subject matter, and thus obviousness would not be proper. See In re McLaughlin, 443 F.2d 1392, 170 USPQ 209 (CCPA 1971). There is no teaching, suggestion, or motivation found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art to combine or modify the teachings of the prior art to produce the claimed invention, and thus obviousness would not be proper. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007).
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.”
Response to Arguments
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., separate distinct collar for the “plurality of operating mode settings”) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). Applicant specification indicates “power tool 100 further includes an output unit 107, a clutch selector ring (or clutch collar) 108, a mode selector ring 109… PCBA 200 is further associated with the mode selector ring 109 to allow a user to select between the drilling mode, driving mode, hammering mode, and adaptive mode” (applicant’s specification [0015]).
Applicant’s arguments do not match the specification in that the clutch collar does not also select a mode. Also, the term “collar” is being used for both the “clutch selector ring” and/or “mode selector ring”. Since the phrase “the collar includes a first rotational ring corresponding to the plurality of torque settings and a second rotational ring corresponding to the plurality of operating mode settings” (claim 24) it is not clear what “a collar” is directed to. Presumably, as claimed in claim 24 the collar – includes a first rotational ring a second rotational ring. Is “a collar” the clutch collar? It is not clear what “a collar” is.
Applicant argues that LAM et al.’s operator 26 moving between a driver position and a drill position is separate and distinct component from the collar. Examiner contends that operator 26 is a part/member of collar (20) working in conjunction with collar (20) to select different torques and discloses the operator moves operator 26 to a different mode the collar 20 is also rotated to select the desired mode [0046].
LAM et al. states: “mode change operator 26 is a switch element moveable between a driver position in which the actuator sleeve 20 may be used to set an output torque limit for driving fasteners and a drilling position in which no torque limit is set, and it may also be secured to the mount 21” [0037]. Examiner contends that as LAM et al. states; the operator switch 26 works in conjunction with the collar (20) to set torque and to switch to drill only mode.
Examiner has given charity to the claims for having support for “a collar…select among a plurality of rotationally selectable settings…including a plurality of torque settings and a plurality of operating mode settings” (claim 21 and similarly claim 35) since the specification provides support for having the collar work with other components (another collar, remote device, button and etc.). Also, the specification indicates that these other components (another collar, remote device, button and etc.) are required and that one collar alone cannot switch both torque and mode. However, claim 24 clarifies this single collar issue and has been indicated as allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Examiner suggest also amending the specification with the features of claim 24 to avoid mis-match, confusion and provide clarity to the term “a collar”. Claims 27, 29-30, and 38 were also objected to as being allowable.
Conclusion
Additional prior art considered pertinent: See references cited, form 892.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT LONG whose telephone number is (571)270-3864. The examiner can normally be reached M-F, 9am-5pm, 8-9pm (EST).
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 at (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.
/ROBERT F LONG/Primary Examiner, Art Unit 3731