www.uspto.gov
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and TrademarkOffice
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`17/045,134
`
`10/02/2020
`
`Kazuo Dobashi
`
`065933-0794
`
`6360
`
`McDermott Will and Emery LLP
`The McDermott Building
`500 North Capitol Street, N.W.
`Washington, DC 20001
`
`CHAVEZ, RODRIGO A
`
`2658
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`08/25/2023
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`Thetime period for reply, if any, is set in the attached communication.
`
`Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
`following e-mail address(es):
`
`mweipdocket@mwe.com
`
`PTOL-90A (Rev. 04/07)
`
`

`

`
`
`Disposition of Claims*
`1.and 4-14 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) ___ is/are withdrawn from consideration.
`Cj] Claim(s)
`is/are allowed.
`Claim(s) 1 and 4-14 is/are rejected.
`1) Claim(s)__is/are objectedto.
`Cj) Claim(s
`are subjectto restriction and/or election requirement
`S)
`* If any claims have been determined allowable, you maybeeligible to benefit from the Patent Prosecution Highway program at a
`participating intellectual property office for the corresponding application. For more information, please see
`http://Awww.uspto.gov/patents/init_events/pph/index.jsp or send an inquiry to PPHfeedback@uspto.gov.
`
`) ) ) )
`
`Application Papers
`10)( The specification is objected to by the Examiner.
`11) The drawing(s) filed on 10/02/2020 is/are: a)[¥) accepted or b){( objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
`
`Priority under 35 U.S.C. § 119
`12) Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`_—_c)L) None ofthe:
`b)L) Some**
`a)¥) All
`1.4) Certified copies of the priority documents have been received.
`2.2 Certified copies of the priority documents have been received in Application No.
`3.4.) Copies of the certified copies of the priority documents have been receivedin this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
`* See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`
`1)
`
`Notice of References Cited (PTO-892)
`
`2) (J Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mail Date
`U.S. Patent and Trademark Office
`
`3)
`
`(LJ Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`4) (J Other:
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20230728
`
`Application No.
`Applicant(s)
`17/045 ,134
`Dobashi etal.
`
`Office Action Summary Art Unit|AIA (FITF) StatusExaminer
`Rodrigo A Chavez
`2658
`Yes
`
`
`
`-- The MAILING DATEof this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLYIS SET TO EXPIRE 3 MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensions of time may be available underthe provisions of 37 CFR 1.136(a). In no event, however, may a reply betimely filed after SIX (6) MONTHSfrom the mailing
`date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHSfrom the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, evenif timely filed, may reduce any earned patent term
`adjustment. See 37 CFR 1.704(b).
`
`Status
`
`1) Responsive to communication(s) filed on 05/30/2023.
`C} A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`2a)[¥) This action is FINAL.
`2b) (J This action is non-final.
`3)02 An election was madeby the applicant in responseto a restriction requirement set forth during the interview
`on
`; the restriction requirement and election have been incorporated into this action.
`4)\0) Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Exparte Quayle, 1935 C.D. 11, 453 O.G. 213.
`
`

`

`Application/Control Number: 17/045,134
`Art Unit: 2658
`
`Page 2
`
`DETAILED ACTION
`
`Notice of Pre-AlA or AIA Status
`
`The present application,filed on or after March 16, 2013, is being examined under the first
`
`inventorto file provisions of the AIA.
`
`Response to Arguments
`
`Applicant's argumentsfiled 05/30/2023 have been fully considered but they are not persuasive.
`
`Applicant arguesthat “De Wit is not analogous art to the present application, and thus claim 1
`
`would not have been obvious over De Wit. A reference is analogous art tothe claimed inventionif:(i)
`
`the reference is from the samefield of endeavor as the claimed invention (even if it addresses a
`
`different problem); or(ii) the reference is reasonably pertinent to the problem faced by the inventor
`
`(even if it is not in the same field of endeavor as the claimed invention). In re Bigio, 381 F.3d 1320, 1325,
`
`72 USPQ2d 1209, 1212 (Fed. Cir. 2004).”
`
`Regarding applicant’s arguments, the examiner respectfully disagrees. The examiner contends
`
`that although the De Wit reference was found to not be from the same field of endeavor as noted by the
`
`applicant regarding prong(i) from the analysis as set forth by Inre Bigio, the examiner notes that the
`
`problem that is solved by De Wit is reasonably pertinent to the problem solved by the claimed invention
`
`as set forth in MPEP 2141.01(a). As noted in the Remarks, the applicant sets forth that “the problem to
`
`be solved in the present application is improving an information input interface (see, [0004] and [0005]
`
`of the present application as originally filed). More specifically, as disclosed at paragraph [0023] of the
`
`present application, when the sound recognition function of the sound recognition unit is always turned
`
`on (activated) [during the operation of the power tool], the sound recognition unit may recognize
`
`unrelated sound, and the electric power tool may operatefalsely based on the recognized sound. Thus,
`
`in order toavoid such a problem of a false or incorrect operation of the power tool, the sound
`
`

`

`Application/Control Number: 17/045,134
`Art Unit: 2658
`
`Page 3
`
`recognition process is suppressed while the user operation switch is in an on state and an operating
`
`sound of the driving unit is generated.” The examiner notes that De Wit provides a conferencing system
`
`that may be adapted for different situations and applications. In one aspect of De Wit’s invention, such
`
`as described in p. 0011 and 0037, De Wit suggests that there exists a problem in conferencing systems
`
`where multiple speakers may be speaking at once, makingit difficult to understand what a personis
`
`saying at a given moment. Thus, a solution to this problem provides that a person designated as the
`
`chairman of the conference may use a priority button, which may overrule all the other microphonesin
`
`the conference by turning them off while the button (or switch) is in operation. Therefore, the examiner
`
`contends that the problem faced and solved by De Wit is reasonably pertinent because one of ordinary
`
`skill in the art would have found it obvious to apply the capability of turning off a microphone while a
`
`switch is being operatedin order to prevent multiple participants of an audio conference to speak over
`
`each other, makingit difficult to understand the language of the discussion. Applying this reasoning to
`
`the combination with Schiegel, it would have been obvious to one of ordinary skill in the art to overrule
`
`the speech recognition (such as by turning off the microphone) while the operation switch is being
`
`operated, because the operation sound of the electric power tool may interfere with the intelligibility of
`
`the speech, similar to how multiple participants speaking over eachother might interfere with the
`
`intelligibility of the chairman’s speech. For these reasons, the examiner contends that the combination
`
`of Schiegeland De Wit references render the language of independent claim 1 obvious.
`
`Additionally, and without conceding to applicant’s arguments, the examiner has conducted an
`
`additional search and has found the new reference Koetz to be both from the same field of endeavor
`
`and reasonably pertinent to the claimed invention, thus meeting both prongsas set forth in the
`
`Remarks. An analysis of the combination of Schiegel and Koetz in view of claims 1 and 4-14 canbe found
`
`in the rejection below.
`
`

`

`Application/Control Number: 17/045,134
`Art Unit: 2658
`
`Page 4
`
`Claim Rejections - 35 USC § 103
`
`The following is a quotation of 35 U.S.C. 103 which formsthe basis for all obviousness rejections
`
`set forth in this Office action:
`
`A patent fora claimed invention may not be obtained, notwithstanding that the claimed inventionis
`notidentically disclosed as set forth ins ection 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 ofthe claimed invention to a person having ordinarys killin the art to which the
`claimed invention pertains. Pa tentability s hall not be negated by the mannerin which the invention
`was made.
`
`Claims 1 and 6-8 are rejected under 35 U.S.C. 103 as being unpatentable over Schiegel (US PG
`
`Pub 20170129091) in view of De Wit (US PG Pub 20080240393).
`
`As per claim 1, Schiegel discloses
`
`An electric power tool comprising:
`
`a user operation switch adapted to be manipulated by a user (Schiegel; p. 0037 - The hand-held
`
`powertool 10a has a switch device 12a which comprises a switching element 14afor activating the
`
`electric motor 50a of the drive unit 16a; also see p. 0045-0046);
`
`an output shaft on which a front-end tool is adapted to be mounted (Schiegel; p. 0035 - The tool
`
`holder 48a is formed by a quick-changetool holder 18a. The quick-change tool holder 18a is provided for
`
`holding the insertion tool 20a whichis differentfrom an insertion tool with an SDS® shaft with a
`
`maximum transverse extent of 10 mm. The quick-changetool holder 18a is provided for holding the
`
`insertion tool 20a which has an SDSmax® shaft);
`
`a driving unit that drives the output shaft (Schiegel; p. 0036 - the hand-held powertool 10a has
`
`at least one drive unit 16a. The hand-held powertool 10a has a drive unit 16a which comprises an
`
`electric motor 50a); and
`
`a control unit that controls an operation of the driving unit in accordance with manipulation of
`
`the user operation switch, wherein the control unit is adaptedto perform a process relatedto the
`
`

`

`Application/Control Number: 17/045,134
`Art Unit: 2658
`
`Page5S
`
`electric power tool, based on sound input to a microphone (Schiegel; p. 0045-0046- The locking
`
`unit 24b comprises at least one acoustic pick-up element 26b which is providedat least for picking up at
`
`least one acoustic characteristic variable, wherein the locking unit 24b is providedfor performing open-
`
`loop and/or closed-loop control of the maintaining of an active operating modeas a function of the at
`
`least one detected acoustic characteristic variable; also see p. 0012 - The at least one acoustic pick-up
`
`elementis preferably formedfrom atleast partially by a microphone),
`
`the control unit performs a process related tothe electric power tool, based ona result of
`
`subjecting input sound to a sound recognition process (Schiegel; p. 0045-0046 - The locking
`
`unit 24b comprises at least one acoustic pick-up element 26b which is provided at least for picking up at
`
`least one acoustic characteristic variable, wherein the locking unit 24b is providedfor performing open-
`
`loop and/or closed-loop control of the maintaining of an active operating modeas a function of the at
`
`least one detected acoustic characteristic variable; also see p. 0012 - The at least one acoustic pick-up
`
`elementis preferably formedfrom at least partially by a microphone)
`
`Schiegel, however, fails to disclose the control unit performs the sound recognition process
`
`while the user operation switch is in an off state, and the control unit does not perform the sound
`
`recognition process while the user operation switch is in an on state and an operating sound of the
`
`driving unit is generated.
`
`De Wit does teach the control unit performs the sound recognition process while the user
`
`operation switch is in an off state, and the control unit does not perform the sound recognition process
`
`while the user operation switch is in an on state and an operating sound of the driving unit is generated
`
`(De Wit; p. 0011 - a chairman of a conference may use a "speak" button to speak (even if a maximum
`
`numberof open microphones has beenreached), or the chairman mayuse a priority button to overrule a
`
`discussion, which meansthatall microphones of the delegates are switched off momentarily, and,
`
`

`

`Application/Control Number: 17/045,134
`Art Unit: 2658
`
`Page 6
`
`optionally, a chime (operating sound) is produced by the conference system; microphones are muted
`
`while “speak button” is pressed or an “on” state; also see p. 0037).
`
`Therefore, it would have been obvious to one of ordinary skill in the art to modify the electric
`
`power tool of Schiegel to include the control unit performs the sound recognition process while the user
`
`operation switch is in an off state, and the control unit does not perform the sound recognition process
`
`while the user operation switch is in an on state and an operating sound of the driving unit is generated,
`
`as taught by De Wit, in order to prevent multiple participants of an audio conference to speak over each
`
`other, makingit difficult to understand the languageof the discussion (De Wit; p. 0011).
`
`As per claim 6, Schiegel in view of De Wit discloses:
`
`The electric power tool according to claim 1, wherein the control unit sets a parameter value for
`
`controlling the operation of the driving unit, based ona result of subjecting input sound to the sound
`
`recognition process (Schiegel; p. 0045-0046 - The locking unit 24b comprises at least one acoustic pick-
`
`up element 26b whichis provided at least for picking up at least one acoustic characteristic variable,
`
`wherein the locking unit 24b is providedfor performing open-loop and/or closed-loop control of the
`
`maintaining of an active operating mode as a function of the at least one detected acoustic
`
`characteristic variable; also see p. 0012 - The at least one acoustic pick-up elementis preferably formed
`
`from atleast partially by a microphone).
`
`As per claim 7, Schiegelin view of De Wit discloses:
`
`The electric power tool according to claim 6, wherein the control unit sets the parameter value,
`
`based on information related to work (Schiegel; p. 0045-0046 - The locking unit 24b comprises at least
`
`one acoustic pick-up element 26b whichis providedat least for picking up at least one acoustic
`
`characteristic variable, wherein the locking unit 24b is provided for performing open-loop and/orclosed-
`
`

`

`Application/Control Number: 17/045,134
`Art Unit: 2658
`
`Page 7
`
`loop control of the maintaining of an active operating mode as a function of the at least one detected
`
`acoustic characteristic variable; also see p. 0012 - The at least one acoustic pick-up elementis preferably
`
`formedfrom at least partially by a microphone).
`
`As per claim 8, Schiegelin view of De Wit discloses:
`
`The electric power tool according to claim 6, wherein when the user operation switch is in an on
`
`state, the control unit does not set the parameter value, and, when the user operation switch is in an off
`
`state, the control unit sets the parameter value (Schiegel; p. 0045 - The switch device 12b also comprises
`
`at least one locking unit 24b which is providedfor maintaining the active operating modeatleast
`
`essentially independently of an effect of an operator actuatingforce, which operating mode can be
`
`activated by actuating the switching element 14b).
`
`Claims 4,5, 9,10 and 13-14 are rejected under 35 U.S.C. 103 as being unpatentable over
`
`Schiegel in view of De Wit and further in view of Kim (US PG Pub 20150207924)
`
`As per claim 4, Schiegelin view of De Wit discloses:
`
`The electric power tool according to claim 1, upon which claim 4 depends.
`
`Schiegel in view of De Wit, however,fails to disclose wherein when the electric power tool is not
`
`in a state of being gripped by the user, the control unit does not perform the sound recognition process,
`
`and, when the electric power tool is ina state of being gripped by the user, the control unit performs
`
`the sound recognition process.
`
`Kim does teach wherein when the electric power tool is not ina state of being gripped by the
`
`user, the control unit does not perform the sound recognition process, and, when the electric power
`
`tool is in astate of being gripped by the user, the control unit performs the sound recognition process
`
`

`

`Application/Control Number: 17/045,134
`Art Unit: 2658
`
`Page 8
`
`(Kim; p. 0276- if a user takes a gesture of gripping the mobile terminal 100 with both hands, the
`
`controller 180 determines that the user intends to send a messageandis then able to activate the
`
`microphone 122).
`
`Therefore, it would have been obvious to one of ordinary skill in the art to modify the electric
`
`power tool of Schiegel in view of De Wit to include wherein when the electric power tool is not ina state
`
`of being gripped by the user, the control unit does not perform the sound recognition process, and,
`
`when the electric power tool is in a state of being gripped by the user, the control unit performs the
`
`sound recognition process, as taught by Kim, in order to shorten atime taken to analyze a user's voice
`
`and improve a recognition rate of the user voice (Kim; p. 0010).
`
`As per claim 5, Schiegelin view of De Wit discloses:
`
`The electric power tool according to claim 4, upon which claim 4 depends.
`
`Schiegel in view of De Wit, however,fails to disclose wherein when the electric power tool is
`
`gripped by the user, and when the electric power tool is at a predetermined orientation or is caused to
`
`make a predetermined motion, the control unit performs the sound recognition process.
`
`Kim does teach wherein when the electric power tool is gripped by the user, and when the
`
`electric power tool is at a predetermined orientation or is caused to makea predetermined motion, the
`
`control unit performs the sound recognition process (Kim; p. 0277 - if a preset gesture is detected, the
`
`controller 180 can control a target indicated by a user voice to be processed through an application
`
`corresponding to the detected gesture. Basedona sensing signal (e.g., a signal of detecting a motion of
`
`the mobile terminal 100, a signal for detecting whether a user approaches the mobile terminalclosely, a
`
`signal for detecting whether the mobile terminal 100 is gripped with both hands, etc.) of the sensing unit
`
`140, the controller 180 may be able to determine whetherthe preset gestureis inputted).
`
`Therefore, it would have been obvious to one of ordinary skill in the art to modify the electric
`
`

`

`Application/Control Number: 17/045,134
`Art Unit: 2658
`
`Page 9
`
`power tool of Schiegel in view of De Wit to include wherein when the electric power tool is gripped by
`
`the user, and when the electric power tool is at a predetermined orientation or is caused to make a
`
`predetermined motion, the control unit performs the sound recognition process, as taught by Kim,in
`
`order to shorten a time takento analyze a user's voice and improve a recognition rate of the user voice
`
`(Kim; p. 0010).
`
`As per claim 9, Schiegel in view of De Wit discloses:
`
`The electric power tool according to claim 6, upon which claim9 depends.
`
`Schiegel in view of De Wit, however,fails to disclose wherein when the electric power toolis not
`
`in a state of being gripped by the user, the control unit does not set the parameter value, and, when the
`
`electric power tool is in a state of being gripped by the user, the control unit sets the parameter value.
`
`Kim does teach wherein when the electric power tool is not ina state of being gripped by the
`
`user, the control unit does not set the parameter value, and, when the electric power tool is in a state of
`
`being gripped by the user, the control unit sets the parameter value (Kim; p. 0276 - if a user takes a
`
`gesture of gripping the mobile terminal 100 with both hands, the controller 180 determines that the user
`
`intends to send a messageandis thenable to activate the microphone 122).
`
`Therefore, it would have been obvious to one of ordinary skill in the art to modify the electric
`
`power tool of Schiegel in view of De Wit to include wherein when the electric power tool is not in a state
`
`of being gripped by the user, the control unit does not set the parameter value, and, when the electric
`
`power tool is in a state of being gripped by the user, the control unit sets the parameter value, as taught
`
`by Kim, in order to shorten a time takento analyzeauser's voice and improve a recognition rate of the
`
`user voice (Kim; p. 0010).
`
`

`

`Application/Control Number: 17/045,134
`Art Unit: 2658
`
`Page 10
`
`As per claim 10, Schiegel in view of De Wit discloses:
`
`The electric power tool according to claim 6, upon which claim 10 depends.
`
`Schiegel in view of De Wit, however,fails to disclose wherein the control unit sets a parameter
`
`value after notifying the user that the parameter value is about to beset.
`
`Kim does teach wherein the control unit sets a parameter value after notifying the user that the
`
`parameter value is about to be set (Kim; p. 0137 - As the microphone 122 is activated, the controller 180
`
`can control a popup windowto be displayed in order to inform a user that the microphone 122is
`
`activated andto indicate a field value supposed to be inputted through a voice by the user).
`
`Therefore, it would have been obvious to one of ordinary skill in the art to modify the electric
`
`power tool of Schiegel in view of De Wit to include wherein the control unit sets a parameter value after
`
`notifying the user that the parameter value is about to be set, as taught by Kim, in order to shorten a
`
`time takento analyzeauser's voice and improve a recognition rate of the user voice (Kim; p. 0010).
`
`As per claim 13, Schiegel in view of De Wit discloses:
`
`The electric power tool according to claim 1, upon which claim 13 depends.
`
`Schiegel in view of De Wit, however,fails to disclose wherein the control unit includes a
`
`determination function of determining a state of the electric power tool by analyzing an operating
`
`sound input to a microphone, and the determination function is performed when the user operation
`
`switch is in anon state.
`
`Kim does teach wherein the control unit includes a determination function of determining a
`
`state of the electric power tool by analyzing an operating sound input to a microphone, and the
`
`determination function is performed when the user operation switch is in an on state (Kim; p. 0135 -
`
`after a call icon has been touched with a pointer, if the touchto the call icon is maintained over a
`
`prescribed time, the controller 180 can activate the microphone 122).
`
`

`

`Application/Control Number: 17/045,134
`Art Unit: 2658
`
`Page 11
`
`Therefore, it would have been obvious to one of ordinary skill in the art to modify the electric
`
`power tool of Schiegel in view of De Wit to include wherein the control unit includes a determination
`
`function of determining a state of the electric power tool by analyzing an operating sound input toa
`
`microphone, and the determination function is performed when the user operation switch is in an on
`
`state, as taught by Kim, in order to shorten a time taken to analyzea user's voice and improve a
`
`recognition rate of the user voice (Kim; p. 0010).
`
`As per claim 14, Schiegel in view of De Wit discloses
`
`The electric power tool according to claim 1, upon which claim 14 depends.
`
`Schiegel in view of De Wit, however,fails to disclose wherein the control unit includes a user
`
`authentication function based on sound input to the microphone.
`
`Kim does teach wherein the control unit includes a user authentication function based on sound
`
`input to the microphone (Kim; p. 0095 - The identity module is the chip for storing various kinds of
`
`information for authenticating a use authority of the mobile terminal 100 and can include User Identify
`
`Module (UIM), Subscriber Identify Module (SIM), Universal Subscriber Identity Module (USIM) and/or the
`
`like. A device having the identity module (hereinafter called ‘identity device’) can be manufactured as a
`
`smart card. Therefore, the identity device is connectible to the mobile terminal 100 via the corresponding
`
`port).
`
`Therefore, it would have been obvious to one of ordinary skill in the art to modify the electric
`
`power tool of Schiegel in view of De Wit to include wherein the control unit includes a user
`
`authentication function based on sound input to the microphone, as taught by Kim, in order to shorten a
`
`time takento analyzea user's voice and improve a recognition rate of the user voice (Kim; p. 0010).
`
`

`

`Application/Control Number: 17/045,134
`Art Unit: 2658
`
`Page 12
`
`Claims 11-12 are rejected under 35 U.S.C. 103 as being unpatentable over Schiegel in view of De
`
`Wit and further in view of Ashall (US PG Pub 20190182371).
`
`As per claim 11, Schiegel in view of De Wit discloses:
`
`The electric power tool according to claim 1, upon which claim 11 depends.
`
`Schiegel in view of De Wit, however,fails to disclose wherein the control unit receives an input
`
`of information indicating a place of work and stores the information indicating the place of work and
`
`information indicating a result of work in association with each other.
`
`Ashall does teach wherein the control unit receives an input of information indicating a place of
`
`work and stores the information indicating the place of work and information indicating a result of work
`
`in association with each other (Ashall; p. 0188-0197 - The remote server API has the following features:
`
`create new user account/remote service access during Zone Vusersign up; send device summary —
`
`mode! & firmware during sign up. This is saved in a remote database under the specific end-user
`
`account; admins—pulllist of admins/viewers of the app along with their read/write permissions; edit
`
`admins/viewers. This provides an ownerwith the ability to manage users via phone app; send ICE data—
`
`contactinfo, health info, emergency contacts, SOS settings, special instructions; send device location —
`
`GPS coordinates; sync albums/photos; access & edit device setting; synchronize storage settings with
`
`device).
`
`Therefore, it would have been obvious to one of ordinary skill in the art to modify the electric
`
`power tool of Schiegel in view of De Wit to include wherein the control unit receives an input of
`
`information indicating a place of work and stores the information indicating the place of work and
`
`information indicating a result of work in association with each other, as taught by Kim, in order improve
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`the user experience for visually impaired or elderly users who want a more simplified smartphone or
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`tablet experience (Ashall; p. 0005).
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`

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`Application/Control Number: 17/045,134
`Art Unit: 2658
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`Page 13
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`As per claim 12, Schiegel in view of De Wit in view of Ashall discloses:
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`The electric power tool according to claim 11, upon which claim12 depends.
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`And further, Ashall does teaches wherein the control unit causes the information indicating the
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`place of work and the information indicating a result of work associated with each other to be
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`transmitted to an external device (Ashall; p. 0188-0197 - The remote server API has the following
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`features: create new user account/remoteservice access during Zone V user sign up; send device
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`summary—model & firmware during sign up. This is saved ina remote database underthe specific end-
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`user account; admins—pull list of admins/viewers of the app along with their read/write permissions;
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`edit admins/viewers. This provides an ownerwith the ability to manageusers via phone app; send ICE
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`data—contactinfo, health info, emergency contacts, SOS settings, special instructions; send device
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`location—GPS coordinates; sync albums/photos; access & edit device setting; synchronize storage
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`settings with device).
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`Therefore, it would have been obvious to one of ordinary skill in the art to modify the electric
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`power tool of Schiegel in view of De Wit to include wherein the control unit causes the information
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`indicating the place of work and the information indicating a result of work associated with each other
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`to be transmitted to an external device, as taught by Kim, in order improve the user experience for
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`visually impaired or elderly users who want a more simplified smartphoneor tablet experience (Ashall;
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`p. 0005).
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`Claims 1 and 6-8 are rejected under 35 U.S.C. 103 as being unpatentable over Schiegel (US PG
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`Pub 20170129091) in view of Koetz (US PG Pub 20150279370).
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`As per claim 1, Schiegel discloses
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`

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`Application/Control Number: 17/045,134
`Art Unit: 2658
`
`An electric power tool comprising:
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`Page 14
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`a user operation switch adapted to be manipulated by a user (Schiegel; p. 0037 - The hand-held
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`powertool 10a has a switch device 12a which comprises a switching element 14afor activating the
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`electric motor 50a of the drive unit 16a; also see p. 0045-0046);
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`an output shaft on which a front-end tool is adapted to be mounted (Schiegel; p. 0035 - The tool
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`holder 48a is formed by a quick-changetool holder 18a. The quick-change tool holder 18a is provided for
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`holding the insertion tool 20a whichis differentfrom an insertion tool with an SDS® shaft with a
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`maximum transverse extent of 10 mm. The quick-changetool holder 18a is provided for holding the
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`insertion tool 20a which has an SDSmax® shaft);
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`a driving unit that drives the output shaft (Schiegel; p. 0036 - the hand-held powertool 10a has
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`at least one drive unit 16a. The hand-held powertool 10a has a drive unit 16a which comprises an
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`electric motor 50a); and
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`a control unit that controls an operation of the driving unit in accordance with manipulation of
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`the user operation switch, wherein the control unit is adapted to perform a process related to the
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`electric power tool, based on sound input to a microphone (Schiegel; p. 0045-0046- The locking
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`unit 24b comprises at least one acoustic pick-up element 26b which is provided at least for picking up at
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`least one acoustic characteristic variable, wherein the locking unit 24b is providedfor performing open-
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`loop and/or closed-loop control of the maintaining of an active operating modeas a function of the at
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`least one detected acoustic characteristic variable; also see p. 0012 - The at least one acoustic pick-up
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`elementis preferably formedfrom atleast partially by a microphone),
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`the control unit performs a process related tothe electric power tool, based ona result of
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`subjecting input sound to a sound recognition process (Schiegel; p. 0045-0046 - The locking
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`unit 24b comprises at least one acoustic pick-up element 26b which is provided at least for picking up at
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`least one acoustic characteristic variable, wherein the locking unit 24b is providedfor performing open-
`
`

`

`Application/Control Number: 17/045,134
`Art Unit: 2658
`
`Page 15
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`loop and/or closed-loop control of the maintaining of an active operating modeas a function of the at
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`least one detected acoustic characteristic variable; also see p. 0012 - The at least one acoustic pick-up
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`elementis preferably formedfrom atleast partially by a microphone)
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`Schiegel, however, fails to disclose the control unit performs the sound recognition process
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`while the user operation switch is in an off state, and the control unit does not perform the sound
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`recognition process while the user operation switch is in an on state and an operating sound of the
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`driving unit is generated.
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`Koetz does teach the control unit performs the sound recognition process while the user
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`operation switch is in an off state, and the control unit does not perform the sound recognition process
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`while the user operation switch is in an on state and an operating sound of the driving unit is generated
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`(Koetz; p. 0018 - /t is furthermore preferredfor the speech recognition to be capable of being activated
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`only by turning off the food processor, for example as a result of the operation of the main switch into an
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`off position or by unplugging the power s