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 .
This action is in response to the documents received on April 24, 2025.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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 (i.e., changing from AIA to pre-AIA ) 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.
Claims 1-3, 6, 9-12, 16 and 17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by TSAI et al. (US 2021/0021215).
In reference to claims 1, 2, 6, 10, 12, 16 and 17, TSAI et al. discloses a power tool comprising: a cutting1 tool; a battery mounting portion adaptable to a plurality of types of battery packs 20; a control circuit 21 configured to control an electric motor 23; and a controller 2 electrically connected to a parameter detection device 29 to acquire and communicate a running battery parameter (e.g. voltage capacity to the controller 2 (paragraphs [0051] and [0056-0057]; figure 3), adjust a parameter threshold (e.g. duty ratio) based on the battery parameter (paragraph [0051]), and rotate the motor on an accelerated basis when a parameter of the electric motor exceed a parameter threshold (paragraph [0055-0056]).
Regarding claim 3, paragraph [0015] of TSAI et al. discloses the controller 2 having a look-up table from which different battery voltages (i.e. parameter) can be obtained and subsequently corresponded to different acceleration curves of the electric motor.
In reference to claim 9, figure 4 (paragraph [0037]) of TSAI et al. discloses a current time during commutation of the electric motor.
Regarding claim 11, paragraph [0041] of TSAI et al. discloses the controller configured to rotate the electric motor at a constant rotation speed upon receiving a power-on signal.
Claim Rejections - 35 USC § 103
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 (i.e., changing from AIA to pre-AIA ) 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 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 5, 13 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over TSAI et al. (US 2021/0021215) in view of GUO et al. (US 2024/0032466).
Regarding claims 5, 13 and 15, TSAI et al. discloses a power tool comprising: a cutting2 tool; a battery mounting portion adaptable to a plurality of types of battery packs 20; a control circuit 21 configured to control an electric motor 23; and a controller 2 electrically connected to a parameter detection device 29 to acquire and communicate a running battery parameter (e.g. voltage capacity to the controller 2 (paragraphs [0051] and [0056-0057]; figure 3), adjust a parameter threshold (e.g. duty ratio) based on the battery parameter (paragraph [0051]), and rotate the motor on an accelerated basis when a parameter of the electric motor exceed a parameter threshold (paragraph [0055-0056]). TSAI et al. does not reference whether a load is applied to the motor when a parameter threshold is determined.
GUO et al. teaches a power tool 100 comprising: a replaceable battery pack (claim 18) adaptable to a battery mounting portion to power an electric motor 10; and a control circuit 20 configured to control the electric motor 10 and a controller configured to acquire a parameter threshold and rotate the electric motor 23 with no load at an accelerated basis when a parameter threshold (e.g. first preset) has been exceeded (paragraph [0025]). It would have been obvious to one having ordinary skill in the art at the time of filing the invention to have modified the controller of TSAI et al. to adjust the parameter threshold with no load to the electric motor since paragraph [0025] of GUO et al. suggests such a modification allows the controller to accurately determine whether the motor is operating normally.
Claim 7, 17 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over TSAI et al. (US 2021/0021215) in view of FURUI et al. (US 2014/0151079).
With respect to claims 7, 17 and 19, TSAI et al. discloses a power tool as required in claim 1 and further discloses: an acquisition device 27 configured to receive a user input (e.g. depression of trigger) in communication with the controller 2 to adjust the parameter threshold (paragraph [0049-0051]); and the acquisition device 27 further configured to switch between two modes (e.g. single firing, successive firing). TSAI et al. does not disclose the acquisition device that receives a data input from a user.
FURUI et al. teaches a power tool comprising: a battery pack (figure 1C) mounting portion adaptable to a battery pack 40 to power an electric motor M; a data acquisition device that receives a user input and having an internet module (paragraph [0124]) in wireless communication (paragraph [0223]) with an external terminal 100; and a control circuit (paragraph [0146]) configured to control the electric motor M and a controller 12 configured to adjust a parameter threshold of according to the user input (paragraphs [0021-0025], [0127], [0148] and [0227-0230]). It would have been obvious to one having ordinary skill in the art at the time of filing the invention to have modified the power tool of TSAI et al. to include a data acquisition device in communication with the control circuit as claimed since paragraphs [0225] & [0230] of FURUI et al suggests such a modification allows remote observation and adjustment of the power tool.
Claims 8 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over TSAI et al. (US 2021/0021215) in view of FURUI et al. (US 2014/0151079) as applied to claims 7 and 17, and further in view of ADAMS et al. (US 2005/0040206).
In reference to claims 8 and 20, TSAI et al. discloses the power tool comprising an electric motor 23 that drives a flywheel (abstract) to eject nails therefrom; wherein a data acquisition device, as modified in view of FURUI et al., is configured to adjust modes of operation of the power tool between a continuous (successive) and intermittent (single) mode (TSAI et al.- paragraph [0049]). While figure 1 of TSAI et al. appears to disclose the flywheel coupled to at least two gears that facilitate a selection of the respective modes, such a configuration is not definitively disclosed by TSAI et al.
ADAMS et al. teaches a power tool comprising: an electric motor 24 that drives a flywheel 28 coupled to two different gears (figures 11-12) operable in a continuous and intermittent mode as determined by a data acquisition device (226, 228; figure 18). It would have been obvious to one having ordinary skill in the art at the time of filing the invention to have further modified the power tool of TSAI et al. to include a two gear drive to facilitate adjustment of the power tool between modes of operation since paragraphs [0059] and [0089] of ADAMS et al. suggests such a configuration to be known in the art of power tools for the purpose of facilitating continuous or intermittent operation.
Allowable Subject Matter
Claims 4 and 18 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Refer to the attached PTO-892 for a notice of references cited and recommended for consideration based on their disclosure of limitations related to the claimed invention. In particular, OTA et al. (US 8,984,711) is found to teach a power tool having a battery charge threshold that results in auto-stop of an electric motor of the power tool; BROTTO et al. (US 6,943,087) teaches a power tool comprising: an electric motor 24 powered by a battery pack 18 adaptable to a battery mounting portion 22a. 22b (figure 1); and a data acquisition device (trigger) configured to receive and communicate a user input to a controller 26 and perform a wireless communication to an external terminal 18a (column 3 lines 30-48); and, WEAVER et al. (US 7,494,035) discloses a power tool driven by an electric motor, gear system and flywheel with no load.
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/GLORIA R WEEKS/Primary Examiner, Art Unit 3731
September 28, 2026
1penetrate with or as if with an edged instrument (CUT Definition & Meaning - Merriam-Webster); a nail has a sharp edge that is configured to penetrate a surface
2penetrate with or as if with an edged instrument (CUT Definition & Meaning - Merriam-Webster); a nail has a sharp edge that is configured to penetrate a surface
