DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. 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
2. The information disclosure statement (IDS) submitted on March 12th 2026 is in compliance with the provisions of 37 CFR 1.97 and 1.98. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Rejections - 35 USC § 112
3. 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.
4. Claim 5 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 5 recites the phrase “…corresponds to a percentage of the retraction cycle...” This phrase is deemed indefinite due to failing to distinctly claim a precise percentage.
Reasons for Allowance
5. The following is an examiner’s statement of reasons for allowance:
Regarding claim 1, the most relevant prior art is Pomeroy et al. (EP 3 321 036; “Pomeroy”) in view of Schiestl et al. (US 2011/0303731; “Schiestl”).
Pomeroy discloses a power tool (10) comprising:
an electric motor (46);
a driver blade (30) movable between a driven position (Fig. 12B) and a retracted position (Fig. 12A);
an electronic controller (136) connected to the electric motor (46; Fig. 13), the electronic controller (136) configured to:
initiate a retraction cycle by controlling the electric motor (46) to
move the driver blade (30) from a first position to a second position (para. [0045]),
determine a position of the driver blade (30) during the retraction
cycle (para. [0045]), and
control, in response to the position of the driver blade exceeding a
threshold position during the retraction cycle, the electric motor (46)
Pomeroy fails to disclose a braking cycle of the electric motor.
However, Schiestl teaches a braking cycle of the electric motor (para. [0240]).
It would have been obvious to one having ordinary skill in the art, at the time the invention was filed to modify the power tool of Pomeroy, with the braking cycle of Schiestl, in order to halt tool usage when the incorrect parameters are sensed.
Pomeroy in view of Schiestl fail to disclose controlling the electric motor to operate without applying a braking cycle and to initiate a new drive cycle.
Regarding claim 11, the most relevant prior art is Pomeroy et al. (EP 3 321 036; “Pomeroy”) in view Schiestl et al. (US 2011/0303731; “Schiestl”).
Pomeroy discloses a method of operating of a power tool (10; para. [0046]) comprising:
operating an electric motor (46) to initiate a retraction cycle that moves a driver blade (30) from a driven position toward a retracted position (para. [0046]);
determining a position of the driver blade (30) during the retraction cycle (para. [0045]);
controlling, in response to the position of the driver blade (30) exceeding a threshold position during a retraction cycle, the electric motor (46).
Pomeroy fails to disclose a braking cycle not yet having been initiated.
However, Schiestl teaches a braking cycle (para. [0240]).
It would have been obvious to one having ordinary skill in the art, at the time the invention was filed to modify the power tool of Pomeroy, with the braking cycle of Schiestl, in order to halt tool usage when the incorrect parameters are sensed.
Pomeroy in view of Schiestl fail to disclose controlling the electric motor to operate without applying a braking cycle and to initiate a new drive cycle.
Regarding claim 20, the most relevant prior art is Pomeroy et al. (EP 3 321 036; “Pomeroy”) in view of Schiestl et al. (US 2011/0303731; “Schiestl”).
Pomeroy discloses a power tool (10) comprising:
an electric motor (46);
a driver blade (30) movable between a driven position (Fig. 12B) and a retracted position (Fig. 12A);
an electronic controller (136) connected to the electric motor (46; Fig. 13), the electronic controller (136) configured to:
initiate a retraction cycle by controlling the electric motor (46) to
move the driver blade (30) from a first position to a second position (para. [0045]),
determine a position of the driver blade (30) during the retraction
cycle (para. [0045]), and
control, in response to the position of the driver blade exceeding a
threshold position during the retraction cycle, the electric motor (46)
Pomeroy fails to disclose a braking cycle of the electric motor.
However, Schiestl teaches a braking cycle of the electric motor (para. [0240]).
It would have been obvious to one having ordinary skill in the art, at the time the invention was filed to modify the power tool of Pomeroy, with the braking cycle of Schiestl, in order to halt tool usage when the incorrect parameters are sensed.
Pomeroy in view of Schiestl fail to disclose controlling the electric motor to operate without applying a braking cycle and to initiate a new drive cycle.
6. 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.”
Conclusion
7. Any inquiry concerning this communication or earlier communications from the examiner should be directed to EYAMINDAE JALLOW whose telephone number is (571)270-1927. The examiner can normally be reached on Monday-Thursday from 7:30am-5:00pm and alternating Fridays from 7:30am-4:00pm. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, SHELLEY SELF, can be reached on (571)272-4524. The fax phone number for the organization where this application or proceeding is assigned is (571)273-8300.
8. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://portal.uspto.gov/external/portal. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free).
/EYAMINDAE C JALLOW/Primary Examiner, Art Unit 3731
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