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 .
Priority
Acknowledgement is made of applicant’s claim for foreign priority under 35 U.S.C. 119. Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
Receipt is acknowledged of Information Disclosure Statement(s) (IDS), filed 23 October 2025, which have been placed of record in the file. An initialed, signed, and dated copy of each PTO-1449 or PTO-SB-08 form is attached to the Office action.
Drawings
The drawings are objected to because the figures are unclear. The lines are too blurry, pale, and undefined, and do not clearly depict the elements of the device. See figures 1-7. The quality of the lines is too poor. The lines of the drawings must be clear and dark so that the drawings are reproducible for publication purposes. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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.
Claim 14 is 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 14 is ambiguous as the phrase “a power setting for the motor and, optionally, wherein the power setting includes a high speed and a low speed for the motor” sets forth a broader limitation (a power setting) and a narrower limitation (a high speed and a low speed). Preferences lead to confusion over the scope of the claim because it is not clear whether the claim requires the broader limitation or the narrower limitation. The metes and bounds of the claim are not clearly set forth. MPEP 2173.05(d).
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.
Claims 1-7, 9-14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shook et al. (US Patent Publ. No. 2021/0111649).
With respect to claim 1, Shook et al. disclose a power tool (fig. 1) comprising: a working component (output spindle and chuck, fig. 1, ([0045]); a motor for driving the working component (motor assembly 104, fig. 1, [0045]); a power source connector (unnumbered battery pack receptacles on battery packs 108a-d, fig. 4, [0066]); and a power controller for controlling the motor (control unit 106, fig. 1, [0048]), wherein the power controller is configured to retrieve information about a detachable power source connected to the power source connector (each power tool includes an identification mechanism for identification of the type of battery pack 108a-d that it receives, [0066]), and control the motor to operate in one of a plurality of different modes according to the retrieved information of the detachable power source (the controller of each power tool is configured to set a conduction band and an advance angle for operating the motor based on the battery pack ID detected, [0085], [0088], figs. 13, 14).
With respect to claim 2, Shook et al. disclose the retrieved information of the detachable power source includes a capacity of the detachable power source (the battery pack ID includes the capacity, [0072]).
With respect to claim 3, Shook et al. disclose the retrieved information of the detachable power source includes a number of cells of the detachable power source (the number of parallel connections and cells is retrieved, [0068]-[0072], [0074]).
With respect to claim 4, Shook et al. disclose the retrieved information of the detachable power source includes a type, model or serial number of the detachable power source (type of battery pack is retrieved, [0066]).
With respect to claim 5, Shook et al. disclose a memory configured to store a lookup table, wherein the power controller is configured to determine the mode for operating the motor by searching for the retrieved information of the detachable power source in the lookup table (the memory includes a look-up table, fig. 13, [0085]).
With respect to claim 6, Shook et al. disclose each of the plurality of modes includes a power setting for the motor (power output of the motor, fig. 15, [0089]).
With respect to claim 7, Shook et al. disclose the power setting includes a high speed and a low speed for the motor (speed control scheme, figs. 14, 15, [0088]).
With respect to claim 9, Shook et al. disclose a method for controlling the operation of a motor of a power tool (fig. 1), the method comprising: retrieving information about a detachable power source connected to a power source connector of the power tool (each power tool includes an identification mechanism for identification of the type of battery pack 108a-d that it receives, [0066], unnumbered battery pack receptacles on battery packs 108a-d, fig. 4); controlling the motor to operate in one of a plurality of different modes according to the retrieved information of the detachable power source (control unit 106, the controller of each power tool is configured to set a conduction band and an advance angle for operating the motor based on the battery pack ID detected, [0048], [0085], [0088], figs. 1, 13, 14), and driving a working component of the power tool using the motor operating in the one of the plurality of different modes (motor assembly 104 drives the output spindle and chuck, fig. 1, ([0045]).
With respect to claim 10, Shook et al. disclose retrieving information about the detachable power source includes retrieving a capacity of the detachable power source (the battery pack ID includes the capacity, [0072]).
With respect to claim 11, Shook et al. disclose retrieving information about the detachable power source includes retrieving a number of cells of the detachable power source (the number of parallel connections and cells is retrieved, [0068]-[0072], [0074]).
With respect to claim 12, Shook et al. disclose retrieving information about the detachable power source includes retrieving a type, model or serial number of the detachable power source (type of battery pack is retrieved, [0066]).
With respect to claim 13, Shook et al. disclose determining the mode for operating the motor by searching for the retrieved information of the detachable power source in a lookup table (the memory includes a look-up table, fig. 13, [0085]).
With respect to claim 14, Shook et al. disclose each of the plurality of modes includes a power setting for the motor (power output of the motor, fig. 15, [0089]).
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.
Claims 8 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Shook et al. in view of Willey (CN 110061540).
With respect to claim 8, Shook et al. fail to disclose the power controller is configured to control the motor to operate in a default mode if the information of the detachable power source cannot be retrieved or if the retrieved information of the detachable power source is not recognized.
Willey disclose a power tool and a battery pack (fig. 1) controlled wirelessly, in which the controller operates the motor at a default mode if the information is not available (pg. 8, para. 3; pg. 9, para. 5).
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 device of Shook et al. to control the motor to operate in a default mode if the information of the detachable power source cannot be retrieved or if the retrieved information of the detachable power source is not recognized, as taught by Willey, to safely operate the power tool in cases of malfunction.
With respect to claim 15, Shook et al. fail to disclose controlling the motor to operate in a default mode if the information of the detachable power source cannot be retrieved or if the retrieved information of the detachable power source is not recognized.
Willey disclose a power tool and a battery pack (fig. 1) controlled wirelessly, in which the controller operates the motor at a default mode if the information is not available (pg. 8, para. 3; pg. 9, para. 5).
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 method of Shook et al. to include controlling the motor to operate in a default mode if the information of the detachable power source cannot be retrieved or if the retrieved information of the detachable power source is not recognized, as taught by Willey, to safely operate the power tool in cases of malfunction.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Miyazaki et al. (US Patent Publ. No. 2013/0015789) disclose a power tool including a power controller to retrieve detachable battery information.
Mergener (US Patent Publ. No. 2014/0265604) discloses a power tool including multiple battery packs.
White et al. (US Patent No. 10,608,574) disclose a convertible battery pack for use in different power tools.
Brotto et al. (US Patent No. 5,945,803) disclose battery pack identity determination.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Linda J. Hodge whose telephone number is (571)272-0571. The examiner can normally be reached Monday-Friday 8:00-5:00.
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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.
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/LINDA J. HODGE/Examiner, Art Unit 3731