www.uspto.gov
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`17/045, 134
`
`10/02/2020
`
`Kazuo Dobashi
`
`065933-0794
`
`6360
`
`Rimon PC - Pansonic Corporation
`8300 Greensboro Dr.
`Suite 500
`McLean, VA 22102
`
`CHAVEZ, RODRIGO A
`
`2658
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`01/03/2024
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time 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):
`USPTOmail@rimonlaw.com
`
`PTOL-90A (Rev. 04/07)
`
`

`

`
`
`Disposition of Claims*
`1 and 6-14 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) _ is/are withdrawn from consideration.
`C) Claim(s)
`is/are allowed.
`Claim(s) 1 and 6-14 is/are rejected.
`(] Claim(s)__ is/are objectedto.
`C] Claim(s
`are subjectto restriction and/or election requirement
`)
`* 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://www.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)Y) All
`1.) Certified copies of the priority documents have been received.
`2.1.) Certified copies of the priority documents have been received in Application No. |
`3.2.) 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)
`
`4)
`
`(LJ Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`(Qj Other:
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20231228
`
`Application No.
`Applicant(s)
`171045,134
`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 STATUTORYPERIOD FOR REPLYIS SET TO EXPIRE 3 MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensionsof 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 11/21/2023.
`C} A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`
`2a)() This action is FINAL. 2b)¥)This action is non-final.
`3) 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)(2) 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 orAIA Status
`
`The presentapplication,filed on or after March 16, 2013, is being examined under the first
`
`inventorto file provisions of the AIA.
`
`Continued Examination Under 37 CFR 1.114
`
`A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR
`
`1.17(e), was filed in this application after final rejection. Since this applicationis eligible for continued
`
`examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the
`
`finality of the previous Office action has been withdrawn pursuant to 37 CFR1.114. Applicant's
`
`submission filed on 11/21/2023 has been entered.
`
`Response to Arguments
`
`Applicant's argumentsfiled 11/21/2023 have been fully considered but they are not persuasive.
`
`Applicant argues that “the cited references, taken individually or in combination, fail to disclose
`
`or suggest the features of amended independentclaim 1, particularly with respect to the features of
`
`‘when the electric power tool is gripped by the user, and when the electric power tool is ata
`
`predetermined orientation in which a front-end tool faces a predetermined direction or is caused to
`
`make a predetermined motion that follows a predetermined trajectory, the control unit performs the
`
`sound recognition process.’”
`
`Regarding applicant’s arguments, the examiner respectfully disagrees. The examiner contends
`
`that Kim does teach in p. 0277 that if a preset gesture is detected, the controller 180 can controla target
`
`indicated by a user voice to be processed through an application corresponding to the detected gesture.
`
`

`

`Application/Control Number: 17/045,134
`Art Unit: 2658
`
`Page 3
`
`A gesture, as known by oneof ordinaryskill in the art, is in itselfa “motion that follows a predetermined
`
`trajectory.” Thus, the combination of Schiegel in view of Koetz and further in view of Kim fully disclose
`
`the recited limitations in the claim.
`
`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 forthin 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 skillin the art to which the
`claimed invention pertains. Patentability shall not be negated by the manner in which the invention
`was made.
`
`Claims 1, 6-10 and 13-14 are rejected under 35 U.S.C. 103 as being unpatentable over Schiegel
`
`(US PG Pub 20170129091) in view of Koetz (US PG Pub 20150279370) and further in view of Kim (US PG
`
`Pub 20150207924).
`
`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 too!
`
`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);
`
`

`

`Application/Control Number: 17/045,134
`Art Unit: 2658
`
`Page 4
`
`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 adapted to perform a process related to the
`
`electric power tool, based on sound input toa microphone (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; alsosee 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 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; alsosee p. 0012 - The at least one acoustic pick-up
`
`elementis preferably formedfrom atleast 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.
`
`Koetz 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
`
`

`

`Application/Control Number: 17/045,134
`Art Unit: 2658
`
`Page5S
`
`while the user operation switch is in an on state andan operating sound of the driving unit is generated
`
`(Koetz; p. 0018 - /t is furthermore preferredfor the speech recognition to be capable of being activated
`
`only by turning off the food processor, for example as a result of the operation of the main switch into an
`
`off position or by unplugging the power supply on the mainsside (in contrast, speech recognition will be
`
`deactivated when operation switchis turned into an on position)).
`
`Therefore, it would have been obvious to one of ordinaryskill 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 andan operating sound of the driving unit is generated,
`
`as taught by De Wit, in order to prevent operation sounds from the food processor tointerfere with the
`
`operation of the speech recognition (Koetz; p. 0018).
`
`Schiegel in view of Koetz, however, fails to disclose 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 in a state of being gripped by the user, the control unit performs the
`
`sound recognition process, and when the electric power tool is gripped by the user, and when the
`
`electric power tool is at a predetermined orientation in which a front-end tool faces a predetermined
`
`direction or is caused to make a predetermined motion that follows a predetermined trajectory, the
`
`control unit performs the sound recognition process.
`
`Kim does teach 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; 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),
`
`and when the electric power tool is at a predetermined orientation in which a front-end tool faces a
`
`

`

`Application/Control Number: 17/045,134
`Art Unit: 2658
`
`Page 6
`
`predetermined direction or is caused to make a predetermined motion that follows a predetermined
`
`trajectory, the control unit performs the sound recognition process (Kim; p. 0277 - if a preset gesture is
`
`detected (predetermined motion that follows a predetermined trajectory), the controller 180 can control
`
`a target indicated by a user voice to be processed throughan 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 terminal closely, a signal for detecting
`
`whetherthe mobile terminal 100 is gripped with both hands, etc.) of the sensing unit 140, the controller
`
`180 maybe 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
`
`power tool of Schiegel in view of Koetz to include 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 in a state of being gripped by the user, the control unit performs the sound
`
`recognition process, and when theelectric power tool is gripped by the user, and when the electric
`
`power tool is ata predetermined orientation in which a front-end tool faces a predetermined direction
`
`or is caused to make a predetermined motion that follows a predetermined trajectory, the control unit
`
`performs the sound recognition process, as taught by Kim, in order to shortena time taken to analyzea
`
`user's voice and improve a recognition rate of the user voice (Kim; p. 0010).
`
`As per claim 6, Schiegelin view of Koetz 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
`
`

`

`Application/Control Number: 17/045,134
`Art Unit: 2658
`
`Page 7
`
`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 formed
`
`from atleast partially by a microphone).
`
`As per claim 7, Schiegelin view of Koetz 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-
`
`loop control of the maintaining of an active operating mode as a function of the at least one detected
`
`acoustic characteristic variable; alsosee p. 0012 - The at least one acoustic pick-up elementis preferably
`
`formed from at least partially by a microphone).
`
`As per claim 8, Schiegelin view of Koetz discloses:
`
`The electric power tool according to claim 6, wherein when the user operation switchis 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 mode atleast
`
`essentially independently of an effect of an operator actuatingforce, which operating mode can be
`
`activated by actuating the switching element 14b).
`
`As per claim 9, Schiegel in view of Koetz discloses:
`
`The electric power tool according to claim 6, upon which claim9 depends.
`
`Schiegel in view of Koetz, however,fails to disclose wherein when the electric power tool is not
`
`

`

`Application/Control Number: 17/045,134
`Art Unit: 2658
`
`Page 8
`
`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 message and is 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 Koetz to include 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, as taught
`
`by Kim, in order to shortena time takento analyze a user's voice and improve a recognition rate of the
`
`user voice (Kim; p. 0010).
`
`As per claim 10, Schiegel in view of Koetz discloses:
`
`The electric power tool according to claim 6, upon which claim 10 depends.
`
`Schiegel in view of Koetz, however,fails to disclose wherein the control unit sets a parameter
`
`value after notifying the userthat the parameter value is about to be set.
`
`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 Koetz to include wherein the control unit sets a parameter value after
`
`

`

`Application/Control Number: 17/045,134
`Art Unit: 2658
`
`Page 9
`
`notifying the user that the parameter value is about to be set, as taught by Kim, in order to shortena
`
`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 Koetz discloses:
`
`The electric power tool according to claim 1, upon which claim 13 depends.
`
`Schiegel in view of Koetz, 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
`
`switchis in an on 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).
`
`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 Koetz to include wherein the control unit includes a determination
`
`function of determining a state of the electric power tool by analyzing an operating soundinput toa
`
`microphone, and the determination function is performed when the user operation switchis in an on
`
`state, as taught by Kim, in order to shorten a time taken to analyze a user's voice and improve a
`
`recognition rate of the user voice (Kim; p. 0010).
`
`As per claim 14, Schiegel in view of Koetz discloses
`
`The electric power tool according to claim 1, upon which claim 14 depends.
`
`

`

`Application/Control Number: 17/045,134
`Art Unit: 2658
`
`Page 10
`
`Schiegel in view of Koetz, 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 Koetz 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 shortena
`
`time takento analyze a user's voice and improve a recognition rate of the user voice (Kim; p. 0010).
`
`Claims 11-12 are rejected under 35 U.S.C. 103 as being unpatentable over Schiegel in view of
`
`Koetz and further in view of Ashall(US PG Pub 20190182371).
`
`As per claim 11, Schiegel in view of Koetz discloses:
`
`The electric power tool according to claim 1, upon which claim 11 depends.
`
`Schiegel in view of Koetz, 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
`
`

`

`Application/Control Number: 17/045,134
`Art Unit: 2658
`
`Page 11
`
`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 —
`
`model!& firmware during sign up. This is saved in a remote database underthe 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 ordinaryskill in the art to modify the electric
`
`power tool of Schiegel in view of Koetz to include wherein the control unit receives aninput 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
`
`the user experience for visually impaired or elderly users who want a more simplified smartphone or
`
`tablet experience (Ashall; p. 0005).
`
`As per claim 12, Schiegel in view of Koetz in view of Ashall discloses:
`
`The electric power tool according to claim 11, upon which claim12 depends.
`
`And further, Ashalldoes teaches wherein the control unit causes the information indicating the
`
`place of work and the information indicating a result of work associated with each other to be
`
`transmitted toan external device (Ashall; p. 0188-0197 - The remote server API has the following
`
`features: create new user account/remoteservice access during Zone V user sign up; send device
`
`summary—model & firmware during sign up. This is saved ina remote database underthe specific end-
`
`user account; admins—pull list 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
`
`

`

`Application/Control Number: 17/045,134
`Art Unit: 2658
`
`Page 12
`
`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 Koetz to include wherein the control unit causes the information
`
`indicating the place of work and the information indicating a result of work associated with each other
`
`to be transmitted toan external device, as taught by Kim, in order improve the user experience for
`
`visually impaired or elderly users who want a more simplified smartphone or tablet experience (Ashall;
`
`p. 0005).
`
`Claims 1, 6-10 and 13-14 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) and further in view of Kim (US
`
`PG Pub 20150207924).
`
`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 too!
`
`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);
`
`

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`Application/Control Number: 17/045,134
`Art Unit: 2658
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`Page 13
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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 relatedto 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; alsosee 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-
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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; alsosee 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 inan on state and an operating sound of the
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`driving unit is generated.
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`De Wit 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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`Application/Control Number: 17/045,134
`Art Unit: 2658
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`Page 14
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`while the user operation switch is in an on state andan operating sound of the driving unit is generated
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`(De Wit; p. 0011 - a chairman of a conference may use a "speak" button to speak (even if a maximum
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`numberof open microphones has been reached), or the chairman mayuse a priority button to overrule a
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`discussion, which meansthatall microphones of the delegates are switched off momentarily, and,
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`optionally, a chime (operating sound) is produced by the conference system; microphones are muted
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`while “speak button” is pressed or an “on” state; alsosee p. 0037).
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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 to include 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 andan operating sound of the driving unit is generated,
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`as taught by De Wit, in order to prevent multiple participants of an audio conference to speak over each
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`other, makingit difficult to understand the languageof the discussion (De Wit; p. 0011).
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`Schiegel in view of De Wit, however,fails to disclose when the electric power tool is not ina
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`state of being gripped by the user, the control unit does not perform the sound recognition process,
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`and, when theelectric power tool is ina state of being gripped by the user, the control unit performs
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`the sound recognition process, and when the electric power tool is gripped by the user, and when the
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`electric power tool is at a predetermined orientation in which a front-end tool faces a predetermined
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`direction or is caused to make a predetermined motion that follows a predetermined trajectory, the
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`control unit performs the sound recognition process.
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`Kim does teach when the electric power tool is not in a state of being gripped by the user, the
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`control unit does not perform the sound recognition process, and, when the electric power tool is ina
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`state of being gripped by the user, the control unit performs the sound recognition process (Kim; p.
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`0276 - if a user takes a gesture of gripping the mobile terminal 100 with both hands, the controller 180
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`determines that the user intends to send a message and is then able to activate the microphone 122),
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`Application/Control Number: 17/045,134
`Art Unit: 2658
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`Page 15
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`and when the electric power tool is at a predetermined orientation in which a front-end tool faces a
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`predetermined direction or is caused to make a predetermined motion that follows a predetermined
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`trajectory, the control unit performs the sound recognition process (Kim; p. 0277 - if a preset gesture is
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`detected (predetermined motion that follows a predetermined trajectory), the controller 180 can control
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`a target indicated by a user voice to be processed throughan application corresponding to the detected
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`gesture. Basedona sensing signal (e.g., a signal of detecting a motion of the mobile terminal 100, a
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`signal for detecting whether a user approaches the mobile terminal closely, a signal for detecting
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`whetherthe mobile terminal 100 is gripped with both hands, etc.) of the sensing unit 140, the controller
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`180 maybe able to determine whetherthe preset gestureis inputted).
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`Therefore, it would have been obvious to one of o