Prosecution Insights
Last updated: August 17, 2026
Application No. 19/352,710

POWER TOOL INCLUDING AN INTERNAL AUXILIARY POWER SUPPLY

Non-Final OA §102§103
Filed
Oct 08, 2025
Priority
Oct 14, 2024 — provisional 63/706,910
Examiner
SEIF, DARIUSH
Art Unit
3731
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
MILWAUKEE ELECTRIC TOOL Corporation
OA Round
1 (Non-Final)
70%
Grant Probability
Favorable
1-2
OA Rounds
2y 0m
Est. Remaining
76%
With Interview

Examiner Intelligence

Grants 70% — above average
70%
Career Allowance Rate
372 granted / 532 resolved
At TC average
Moderate +6% lift
Without
With
+6.4%
Interview Lift
resolved cases with interview
Typical timeline
2y 10m
Avg Prosecution
29 currently pending
Career history
571
Total Applications
across all art units

Statute-Specific Performance

§101
0.3%
-39.7% vs TC avg
§103
50.3%
+10.3% vs TC avg
§102
21.2%
-18.8% vs TC avg
§112
26.5%
-13.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 532 resolved cases

Office Action

§102 §103
DETAILED ACTION Notice of Pre-AIA or AIA Status The present application is being examined under the AIA first to file provisions. 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. Application Status This office action is in response to the claims filed 10/8/2025. Claims 1-20 are currently pending and being examined. 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 1-4, 8-11, 15-18, and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Varian et al. US 2020/0036223. Regarding claim 1: Varian teaches a power tool (100) comprising: a power tool housing (105); an interface (120) configured to receive a battery pack (125); an internal energy storage circuit (205) located within the power tool housing ([0044], last sentence); a trigger (115) for user control of power tool operation; a plurality of switches (315A-315C) configured to connect the battery pack and the internal energy storage circuit in series (see FIG. 3A); and a controller configured to: receive a control signal from the trigger (405), control the power tool based on the control signal (410), control the plurality of switches to set a power source configuration of the power tool by selectively connecting both the battery pack and the internal energy storage circuit to a load of the power tool (425; [0048]); and provide energy to the load of the power tool according to the power source configuration (see 420/425; [0050]). Regarding claim 2: Varian teaches the power tool of claim 1, as discussed above, further comprising: a sensor (220) configured to measure an operational characteristic of the power tool, wherein the controller is further configured to receive power tool operational data from the sensor indicative of the operational characteristic of the power tool, and wherein, to provide energy to the load, the controller is further configured to provide additional energy to the load via the internal energy storage circuit based on the operational characteristic ([0041]). Regarding claim 3: Varian teaches the power tool of claim 2, as discussed above, wherein the power source configuration is set automatically by the controller (see 420; [0041]). Regarding claim 4: Varian teaches the power tool of claim 1, as discussed above, wherein the controller is further configured to increase a voltage provided to the load of the power tool by connecting the internal energy storage circuit in series with the battery pack (since the internal circuit voltage is added in series to the voltage of the battery pack). Regarding claims 7, 14, and 20: Varian teaches the power tool of claim 1, as discussed above, further comprising: a mode selector (140), wherein the power source configuration is based on a selection of a desired application of the internal energy storage circuit made using the mode selector (evident from [0040] which describes sensors 220 controlled via the mode selector and [0049] which uses signals from those sensors to control the internal energy storage circuit, according to [0050]). Regarding claim 8: Varian teaches an electrical device (100) comprising: an internal energy storage circuit (205); a plurality of switches (315A-315C) configured to connect a battery pack and the internal energy storage circuit in series (see FIG. 3A); and a controller configured to: control the plurality of switches to set a power source configuration of a power tool by selectively connecting both the battery pack and the internal energy storage circuit to a load of the power tool (425; [0048], [0050]); and provide energy to the load of the power tool according to the power source configuration (see 420/425). Regarding claim 9: Varian teaches the electrical device of claim 8, as discussed above, further comprising: a sensor (220) configured to measure an operational characteristic of the power tool, wherein the controller is further configured to receive power tool operational data from the sensor indicative of the operational characteristic of the power tool, and wherein, to provide energy to the load, the controller is further configured to provide additional energy to the load via the internal energy storage circuit based on the operational characteristic ([0041]). Regarding claim 10: Varian teaches the electrical device of claim 9, as discussed above, wherein the power source configuration is set automatically by the controller (see 420; [0041]). Regarding claim 11: Varian teaches the electrical device of claim 8, as discussed above, wherein the controller is further configured to increase a voltage provided to the load of the power tool by connecting the internal energy storage circuit in series with the battery pack (since the internal circuit voltage is added in series to the voltage of the battery pack). Regarding claim 15: Varian teaches a method of providing auxiliary power to a battery pack powered power tool based on operation parameters of a power tool (see abstract), the method comprising: controlling, via a controller (225) of the power tool, a plurality of switches (315A-315C) to connect a battery pack (125) and an internal energy storage circuit (205) of a power tool in series (see FIG. 3A); controlling, via the controller, the plurality of switches to set a power source configuration of the power tool by selectively connecting both the battery pack and the internal energy storage circuit to a load of the power tool ([0044]; 420/425); and providing, via the power source configuration, energy to the load of the power tool (420/425; [0050]). Regarding claim 16: Varian teaches the method of claim 15, as discussed above, further comprising: receiving, via the controller, power tool operational data from a sensor indicative of an operational characteristic of the power tool (415), wherein, to provide energy to the load, the controller is further configured to provide additional energy to the load via the internal energy storage circuit based on the operational characteristic (420/425). Regarding claim 17: Varian teaches the method of claim 16, as discussed above, wherein the power source configuration is set automatically by the controller (see 420; [0041]). Regarding claim 18: Varian teaches the method of claim 15, as discussed above, further comprising: increasing, via the controller, a voltage provided to the load of the power tool by connecting the internal energy storage circuit in series with the battery pack (since the internal circuit voltage is added in series to the voltage of the battery pack). 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 of this title, 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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. Claims 5-6, 12-13, and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Varian, as applied above Regarding claims 5, 12, and 19: Varian teaches the power tool of claim 1, as discussed above, but does not teach wherein the internal energy storage circuit has a higher voltage than the battery pack. However, it would have been obvious to a person having ordinary skill in the art, at the effective filing date of the invention, to modify the tool of Varian by providing the internal energy storage circuit with a higher voltage than the battery pack, in the event a higher voltage beyond that of the battery was desired for increased loads. A person having ordinary skill in the art would recognize this would amount to simple scaling-up modification of the internal energy storage circuit. Regarding claims 6 and 13: Varian teaches the power tool of claims 5 and 12, as discussed above, wherein the internal energy storage circuit includes a capacitor (305; [0044]). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: for example, see Krondorfer et al. US 2024/0079901 (claim 1; [0063]-[0066]), and others in the attached PTO-892. Any inquiry concerning this communication or earlier communications from the examiner should be directed to DARIUSH SEIF whose telephone number is (408)918-7542. The examiner can normally be reached Monday-Friday 9:30 AM-6:00 PM PST. 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, ANNA KINSAUL can be reached at 571-270-1926. 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. /DARIUSH SEIF/Primary Examiner, Art Unit 3731
Read full office action

Prosecution Timeline

Oct 08, 2025
Application Filed
Jun 23, 2026
Non-Final Rejection mailed — §102, §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
70%
Grant Probability
76%
With Interview (+6.4%)
2y 10m (~2y 0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 532 resolved cases by this examiner. Grant probability derived from career allowance rate.

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