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`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and TrademarkOffice
`Address; COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`16/619,554
`
`12/05/2019
`
`Fumiiki YONEDA
`
`AOYA.4PUSO1
`
`5915
`
`MARKD. SARALINO (PAN)
`RENNER, OTTO, BOISSELLE & SKLAR, LLP
`1621 EUCLID AVENUE
`ISTH FLOOR
`
`CLEVELAND, OH 44115
`
`DEL VALLE, LUIS GERARDO
`
`3731
`
`04/28/2021
`
`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):
`
`ipdocket @rennerotto.com
`
`PTOL-90A (Rev. 04/07)
`
`

`

`
`
`Disposition of Claims*
`1-6 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`5a) Of the above claim(s) ___ is/are withdrawn from consideration.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) 1-6 is/are rejected.
`S)
`) © Claim(s)____is/are objected to.
`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://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 05 December 2019 is/are: a)¥) accepted or b)L) 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.
`3.2.) 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)
`
`Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`2)
`Paper No(s)/Mail Date
`U.S. Patent and Trademark Office
`
`3) (J Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`(Qj Other:
`
`4)
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20210417
`
`Application No.
`Applicant(s)
`16/619,554
`YONEDA, Fumiiki
`
`Office Action Summary Art Unit|AIA (FITF) StatusExaminer
`LUIS G DEL VALLE
`3731
`Yes
`
`
`
`-- The MAILING DATEofthis 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 December 2019.
`C) A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`
`2a)L) This action is FINAL. 2b)¥)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: 16/619,554
`Art Unit: 3731
`
`Page 2
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`DETAILED ACTION
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`Notice of Pre-AIA or AIA Status
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`The present application, filed on or after March 16, 2013, is being examined underthefirst
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`inventor to file provisions of the AIA.
`
`Claim Rejections - 35 USC § 112
`
`The following is a quotation of 35 U.S.C. 112(b):
`(b) CONCLUSION.—Thespecification shall conclude with one or more claimsparticularly pointing
`out anddistinctly 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 claimsparticularly pointing out and distinctly
`claiming the subject matter which the applicant regardsas his invention.
`
`Claim limitation “6” rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second
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`paragraph as being indefinite for failing to particularly point out and distinctly claim the subject matter
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`which the inventor or a joint inventor (or for applications subject to pre-AITA 35 U.S.C. 112,the
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`applicant), regards as the invention.
`
`In Claim 6, recites on the third line states the phrase “is obtained.” This phrase “is obtained”is
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`unclear as to what, if any, structure pertains to the frequency, cycle of periodic fluctuations, and
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`pulsations. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C.
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`112, second paragraph.
`
`For the purposes of compact prosecution, the Examiner will interpret the use of the tool asit
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`pertains to the frequency, cycle of periodic fluctuations, and pulsations. See § 2173.05(d).
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`

`

`Application/Control Number: 16/619,554
`Art Unit: 3731
`
`Page 3
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`Claim Rejections - 35 USC § 103
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`In the event the determination of the status of the application as subject to ATA 35 U.S.C. 102 and
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`103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for
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`the rejection will not be considered a new ground ofrejection if the prior art relied upon, and the rationale
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`supporting the rejection, would be the same undereitherstatus.
`
`The following is a quotation of 35 U.S.C. 103 which formsthe basis for all obviousness
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`rejections set forth in this Office action:
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`A patentfor a claimed invention may not be obtained, notwithstanding that the claimed invention is not
`identically disclosed as set forth in section 102, if the differences between the claimed invention and the
`prior art are such that the claimed invention as a whole would have been obviousbefore 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 mannerin which the invention was made.
`
`The factual inquiries for establishing a background for determining obviousness under 35 U.S.C.
`
`103 are summarizedas follows:
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`1. Determining the scope and contents of the priorart.
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`2. Ascertaining the differences between the prior art and the claimsat issue.
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`3. Resolving the level of ordinary skill in the pertinent art.
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`4. Considering objective evidence present in the application indicating obviousness or
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`nonobviousness.
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`Claim(s) 1-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sakai et al., US
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`2015/0352699 A1 (Sakai), and in further view of Ely et al., US 2016/0354905 A1 (Ely)
`
`Regarding Claim 1, Sakai discloses, An impact electric power tool (FIG.1, #1, para [0036])
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`comprising: a motor (3); a striking mechanism (5) connected to the motor (3); and a controller (FIG.5,
`
`#37, para [0058]) configured to control an operation of the motor (3), wherein the controller (37)
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`

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`Application/Control Number: 16/619,554
`Art Unit: 3731
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`Page 4
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`Sakai does not explicitly disclose, includes one of a the speed controller and a current controller
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`that maintains a constant rotation speed of the motor by compensating for periodic fluctuations in load
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`torque of the motor, the fluctuations being caused dueto the striking mechanism (5).
`
`Sakai does not explicitly disclose as mentioned above, includes one of a speed controller and a
`
`current controller; however, Sakai’s arithmetic section (FIG. 5, #62) controls the speed (#69, para
`
`[0072]) and controls the current (#64, para [0058]).
`
`Therefore, it would have been obviousto one of ordinary skill in the art before the time the
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`invention waseffectively filed to utilize the speed controller and current controller of Sakai’s arithmetic
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`section (62) therefore capable to compensate for the periodic fluctuations in the load torque of the motor
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`due to the fluctuations caused dueto the striking mechanism (5).
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`It would have been obvious to
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`compensate for the periodic fluctuations in the load torque of the motor due to the fluctuations in the
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`striking mechanism (5) so as to insert uniformly a fastener into a workpiece and for reduction of user
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`fatigue.
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`However, Ely teaches, a constant rotation speed of the motor (Claim 7).
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`Therefore, it would have been obviousto one of ordinary skill in the art having the teaching of
`
`Sakai before the effective filing date of the invention to configure the arithmetic section (62) as taught by
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`Sakai such that it can control the rotation speed of motor such thatit is constant during load fluctuations
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`as taught by Ely (Claim 7): because Ely teaches the constant speed of the motor that is knownin theart
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`and beneficial, thereby providing the motivation, to configure the arithmetic section (62) as taught by
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`Sakai with the control of the rotation speed as taught by Ely (Claim 7) so as maintain a constant speed
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`during the insertion of fasteners and or for the reduction of user fatigue.
`
`Regarding Claim 2, Sakai discloses the invention as previously claimed. As discussed, Sakai
`
`discloses a speed controller (69).
`
`Sakai does not explicitly disclose, includes a repetitive compensator that compensates for the
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`fluctuations in load torque of the motor (3), by generating a repetitive compensation value based on a
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`

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`Application/Control Number: 16/619,554
`Art Unit: 3731
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`Page 5
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`speed deviation of a load torque one cycle before, and adding the repetition compensation value to a
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`speed deviation between a speed commandvalue and an estimated speed value of the motor(3); however,
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`Sakai’s rotation-condition determining section (FIG. 5, #68, para [0061]) and the rotational speed
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`detection unit (FIG. 5, #69, para [0061]) detects the rotational speed of the motor based on the signals
`
`from the rotor-position detection circuit (FIG. 5, #71, para [0061]).
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`Therefore, it would have been obviousto one of ordinary skill in the art before the time the
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`invention waseffectively filed to have utilized Sakia’s rotation-condition determining section (FIG.5,
`
`#68, para [0061]) and the rotational speed detection unit (FIG. 5, #69, para [0061]) that detects the
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`rotational speed of the motor (3) based on the signals from the rotor-position detection circuit (FIG.5,
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`#71, para [0061]) and therefore capable and so compensatesfor the fluctuation in the load torque of the
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`motor (3) and so is capable to estimate the speed value of the motor(3).
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`Regarding Claim 3, Sakai discloses the invention as previously claimed. As discussed, Sakai
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`discloses a speed controller (69).
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`Sakai does not explicitly disclose, includes a resonantfilter that compensates for the fluctuations
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`in load torque of the motor (3) by extracting a componentof a predetermined resonant frequency from a
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`speed command value and adding the extracted component of the resonant frequency to an operation
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`amount of the speed controller (69) as a cancel value for compensating for the periodic fluctuations in the
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`load torque of the motor (3); however, Sakai’s rectifier circuit (FIG. 5, #25, para [0039]) converts AC
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`current to DC current while the prediction unit (FIG. 6F, #71, para [0079]) calculates the slope of the
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`acceleration, simultaneously the arithmetic section (FIG. 5, #62) stores a vibration threshold value for the
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`slope of the acceleration. Then,if the acceleration value is greater than the value stored in the arithmetic
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`section (62), the impact wrench (1) shifts into low duty modeat time t7 (FIG. 7, S4, para [0079]).
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`Therefore, it would have been obviousto one of ordinary skill in the art before the time the
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`invention waseffectively filed to have utilize Sakia’s rectifier circuit (FIG. 5, #25) in conjunction with
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`the arithmetic section (FIG.5, #62) and therefore capable of compensation from the fluctuations of the
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`

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`Application/Control Number: 16/619,554
`Art Unit: 3731
`
`Page 6
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`torque on the motor (FIGS. 6A & 6B). Also, the prediction unit (FIG. 6F, #71, para [0079]) that
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`calculates the slope of the acceleration, and simultaneously the arithmetic section (FIG. 5, #62) stores a
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`vibration threshold value for the slope of the acceleration. Then,if the acceleration value is greater than
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`the value stored in the arithmetic section (62), the impact wrench (1) shifts into low duty modeat time t7
`
`(FIG. 7, S4, para [0079]) and therefore capable to compensate for the periodic fluctuations in the load
`
`torque of the motor(3).
`
`Regarding Claim 4, Sakai discloses the invention as previously claimed. As discussed, Sakai
`
`discloses the current controller (#64, para [0058]) that includes a repetitive compensator that
`
`compensates for the fluctuations in load torque of the motor (3) (FIG. 5, #68, #69, and #71, para [0061],
`
`by a load torque one cycle before (FIG. 9A,t6’, para [0089]),.
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`Sakai does not explicitly disclose, by generating a repetitive compensation value based on a
`
`current deviation of a load torque one cycle before (FIG. 9A, t6’, para [0089]), and adding the repetition
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`compensation value to a current deviation between a current command value and an estimated current
`
`value of the motor (3); however, Sakia’s arithmetic section (62) and the prediction unit (71) determines
`
`the calculation value is not appropriate when the slope of the current exceeds the current threshold value
`
`immediately after time (t6) (FIG. 9A, para [0089]).
`
`Therefore, it would have been obviousto one of ordinary skill in the art before the time the
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`invention waseffectively filed to have utilize Sakia’s arithmetic section (62) and the prediction unit (71)
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`that calculates, in a repetitive manner, the calculation value based on the change in the current (FIG. 9A,
`
`para [0089]) and therefore torque per cycle and is capable of providing the change in current between the
`
`estimated value and that of flowing into the motor(3).
`
`Regarding Claim 5, Sakai discloses the invention as previously claimed. As discussed, Sakai
`
`discloses, wherein the current controller (#64, para [0058]) includes a resonantfilter (25) that
`
`compensates for the fluctuations in load torque of the motor (FIGS. 6A & 6B),
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`

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`Application/Control Number: 16/619,554
`Art Unit: 3731
`
`Page 7
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`Sakai does not explicitly disclose, by extracting a component of a predetermined resonant
`
`frequency from a current deviation between a current commandvalue and an estimated current value of
`
`the motor (3), and adding the extracted component of the resonant frequency to an operation amount of
`
`the current controller (#64, para [0058]) as a cancel value for compensating for the periodic fluctuations
`
`in load torque of the motor (3).; however, Sakia’s current detection circuit (FIG. 6B, #64, para [0063])
`
`can extract a component of a predetermined resonant frequency from a current deviation between a
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`cutrent commandvalue and an estimated current value of the motor and add the extracted componentto
`
`the operation amountof the current controller (#64).
`
`Therefore, it would have been obviousto one of ordinary skill in the art before the time the
`
`invention waseffectively filed to utilize the current detection circuit (FIG. 6B, #64, para [0063]) that’s
`
`capable of extracting a componentof a predetermined resonant frequency from a current deviation
`
`between a current commandvalue and an estimated current value (FIGS. 6A and 6B) and add the
`
`extracted component of the resonant frequency to an operation amountof the current controller (#64,
`
`para [0058]) as a cancel value for compensating for the periodic fluctuations in load torque of the motor
`
`(3).
`
`Regarding Claim 6, Sakai discloses the invention as previously claimed. As discussed, and in
`
`view of the112(b) rejection, Sakai discloses, wherein one of a frequency and a cycle of the periodic
`
`fluctuations in load torque of the motor (3) (FIG. 9B, t6 to t6’, para [0089]), which is caused due to the
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`striking mechanism (5) is obtained from one of a frequency and a cycle of a pulsation component of a
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`current (FIG. 9B,t6 to t6’, para [0089]) that contributes to torque generation (FIG.9F, t6 to t6’, para
`
`[0089]) of the motor (3).
`
`Conclusion
`
`Theprior art made of record and notrelied upon is considered pertinent to the applicant’s
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`disclosure. Takanoet al., US 2016/0008961 A1, Ito et al., US 2013/0014967 A1, Iwata et al., US
`
`

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`Application/Control Number: 16/619,554
`Art Unit: 3731
`
`Page 8
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`2016/0197573 Al and for comprising a motor, striking mechanism, controller, rectifier circuit,
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`smoothing capacitor, current and speed controller.
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`Any inquiry concerning this communication or earlier communications from the examiner should
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`be directed to LUIS G DEL VALLEwhosetelephone numberis (303)297-4313. The examiner can
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`normally be reached on Monday-Friday, 0730 - 1630 MST.
`
`Examinerinterviewsare available via telephone, in-person, and video conferencing using a
`
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`
`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 on 571 270 1926. The fax phone numberfor the organization wherethis
`
`application or proceeding is assigned is 571-273-8300.
`
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`

`

`Application/Control Number: 16/619,554
`Art Unit: 3731
`
`/LUIS G DEL VALLE/
`Examiner, Art Unit 3731
`
`/ANNA K KINSAUL/
`Supervisory Patent Examiner, Art Unit 3731
`
`Page 9
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