DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Application Status
This action is responsive to the claims filed October 21 2025.
Claims 1-7, 9-12, and 15-20 are currently pending and being examined.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 16 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 16 recites “[t]he tool of claim 2, wherein the first stator axis coincides with the piston coil axis”, “the first stator axis” lacks antecedent basis. However, it would appear that it may be referring to the “the first stator coil axis” previously recited in claim 2. If this is true, claim 16 would be claiming essentially the same subject matter as claim 2, therefore failing to further limit the subject matter of the claim upon which it depends, which is a 35 USC §112(d) rejection.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-7, 9-12, and 15-20 are rejected under 35 U.S.C. 103 as being unpatentable over Gross ‘418 (US 2008/0185418) in view of Gross ‘468 (US 2010/0032468).
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Claim 1, Gross ‘418 teaches a tool (10-fig.1) for working a substrate (34-fig 1; ¶[0017]), the tool having a stator (100, 102, 104-fig.2A) and a working piston (108-fig.2A), which is intended to move relative to the stator along a working axis (figs. 2A&2B; ¶[0019]), also having a drive (100-fig.2A), which is intended to drive the working piston from a starting position (fig.2A) along the working axis to the substrate (¶[0018]), the drive comprising a piston coil (106-fig.2A; armature is defined as coils of wire around a metal core) arranged on the working piston and a first stator coil (102-fig.2A) arranged on the stator, and the piston coil being intended to enter the first stator coil during a movement of the working piston relative to the stator along the working axis (¶[0018]), the working piston comprising a reluctance element (124-fig.2A) of a soft magnetic material (It is well known in the art that armature cores are made of laminated silicon steel plates, which is a soft magnetic material. Applicant has not traversed this statement previously made by the examiner; therefore, it is Applicant admitted prior art. MPEP §2144.03), which is accelerated into the first stator coil by the magnetic field that is generated by the first stator coil (¶[0018]-[0022]), the reluctance element (124-fig.2A) projecting transversely to the working axis from the rest of the working piston toward the first stator coil (see Fig.2A showing 124 being externally mounted on 106, therefore projecting transversely out from the axis towards 102).
Gross ‘418 does not expressly teach a driver comprising a first capacitor and a piston coil being electrically connectable to the capacitor in order during rapid discharge of the first capacitor to have a current flowing through the piston coil and to generate the magnetic field.
However, Gross ‘468 teaches a driver (100-fig.6) comprising a first capacitor (406-fig.19) and a piston coil (130-fig.6) being electrically connectable to the capacitor in order during rapid discharge of the first capacitor to have a current flowing through the piston coil and to generate the magnetic field (¶[0069]-[0070]).
Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to modify the tool of Gross '418, by having a voltage boosting circuit, as taught by Gross '468, so “more current can be delivered to the stages 210, 212, which increases the force imparted on the armature 24, while generally operating the fastening tool 10 (FIG. 2) at the nominal voltage of the battery 208.” (Gross ‘468: ¶[0058]).
Claim 2, Gross ‘418 as modified by Gross ‘468 teaches the tool as claimed in claim 1, the piston coil (Gross ‘418: 106-fig.2A) having a piston coil axis (Gross ‘418: A-annotated fig.2A) and the first stator coil having a first stator coil axis (Gross ‘418: A-annotated fig.2A), which coincides with the piston coil axis (Gross ‘418: A-annotated fig.2A).
Claim 3, Gross ‘418 as modified by Gross ‘468 teaches the tool as claimed in claim 2, with the piston coil and the first stator coil being able to be supplied with current in the same direction in order to generate magnetic fields in the same direction and to accelerate the piston coil into the first stator coil (Gross ‘418: ¶[0018]&[0021]).
Claim 4, Gross ‘418 as modified by Gross ‘468 teaches the tool as claimed in claim 3, the drive having a second stator coil (Gross ‘418: 104-fig.2A) arranged on the stator, which is arranged offset relative to the first stator coil (Gross ‘418: 102-fig.2A) along the working axis (Gross ‘418: see fig.2A showing that 104 and 102 are offset along the axis A) and has a second stator coil axis (Gross ‘418: A-annotated fig.2A), which coincides with the piston coil axis (Gross ‘418: A-annotated fig.2A), with the piston coil and the second stator coil being able to be supplied with current in the same direction in order to generate magnetic fields in the same direction and to accelerate the piston coil into the second stator coil after the piston coil has been accelerated into the first stator coil (Gross ‘418: ¶[0018]&[0021]), the piston coil being accelerated in the same direction relative to the first stator coil and relative to the second stator coil (Gross ‘418: ¶[0021]).
Claim 5, Gross ‘418 as modified by Gross ‘468 teaches the tool as claimed in claim 2, the piston coil (Gross ‘418: 106-fig.2A) and the first stator coil (Gross ‘418: 102-fig.2A) being able to be supplied with current in opposite directions in order to generate opposing magnetic fields and to accelerate the piston coil out of the first stator coil (Gross ‘418: ¶[0018]&[0021]).
Claim 6, Gross ‘418 as modified by Gross ‘468 teaches the tool as claimed in claim 5, the drive having a second stator coil (Gross ‘418: 104-fig.2A) arranged on the stator, which is arranged offset relative to the first stator coil (Gross ‘418: 102-fig.2A) along the working axis (Gross ‘418: see fig.2A showing that 104 and 102 are offset along the axis A) and has a second stator coil axis (Gross ‘418: A-annotated fig.2A), which coincides with the piston coil axis (Gross ‘418: A-annotated fig.2A), with the piston coil and the second stator coil being able to be supplied with current in opposite directions in order to generate opposing magnetic fields and to accelerate the piston coil out of the second stator coil after the piston coil has been accelerated out of the first stator coil (Gross ‘418: ¶[0018]&[0021]), the piston coil being accelerated in the same direction relative to the first stator coil and relative to the second stator coil (Gross ‘418: ¶[0021]).
Claim 7, Gross ‘418 as modified by Gross ‘468 teaches the tool as claimed in claim 4, the first stator coil (Gross ‘418: 102-fig.2A) and the second stator coil (Gross ‘418: 104-fig.2A) being wound in the same direction relative to one another (Gross ‘418: It is well known in the art that coils are wound in a clockwise direction for electronic components, therefore they would be wound in the same direction. Applicant has not traversed this statement previously made by the examiner; therefore, it is Applicant admitted prior art. MPEP §2144.03).
Claim 9, Gross ‘418 as modified by Gross ‘468 as modified by Shima teaches the tool as claimed in claim 1, the drive having a second capacitor (Gross ‘468: 406-fig.19), the piston coil (Gross ‘468: 130-fig.6) being electrically connectable to the second capacitor in order during rapid discharge of the second capacitor to have a current flowing through the second stator coil and/or the piston coil and to generate the magnetic field (Gross ‘468: ¶[0069]-[0070]).
Claim 10, Gross ‘418 as modified by Gross ‘468 teaches the tool as claimed in claim 4, comprising a detection device (Gross ‘418: 200-fig.3) for detecting a position of the working piston (Gross ‘418: ¶[0026]) and a control device (Gross ‘418: 22-fig.1) for supplying electrical current to the second stator coil in dependence on a position of the working piston detected by the detection device (Gross ‘418: ¶[0026]&[0040]-[0041]).
Claim 11, Gross ‘418 as modified by Gross ‘468 teaches the tool as claimed in claim 1, the piston coil (Gross ‘418: 106-fig.2A) and the first stator coil (Gross ‘418: 102-fig.2A) being electrically connected to one another in series (Gross ‘418: armature circuits are in series) and wound in the same direction or in opposite directions relative to one another (Gross ‘418: It is well known in the art coils are typically wound in a clockwise direction for electronic components, therefore they would be wound in the same direction. However, it is also known in the art that the coils can be wound in opposite directions and operate in the same way. Applicant has not traversed this statement previously made by the examiner; therefore, it is Applicant admitted prior art. MPEP §2144.03).
Claim 12, Gross ‘418 as modified by Gross ‘468 teaches the tool as claimed in claim 1, the piston coil having a piston coil (Gross ‘418: 106-fig.2A) outer diameter (Gross ‘418: see Fig.2A showing that 106 has an outer diameter), and the first stator coil (Gross ‘418: 102-fig.2A) having a stator coil inner diameter (Gross ‘418: see Fig.2A showing that 102 has an inner diameter) which is larger than the piston coil outer diameter (Gross ‘418: see Fig.2A showing 106 inside of 102, therefore the stator coil inner diameter is larger).
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Claim 15, Gross ‘418 as modified by Gross ‘468 teaches the tool as claimed in claim 1, having a receptacle (Gross ‘418: 24-fig.1) which is intended to receive a fastening element (Gross ‘418: 32-fig.1), the working piston (Gross ‘418: 108-fig.2A) or the stator (Gross ‘418: 106-fig.2A) being intended to transfer a fastening element received in the receptacle into the substrate (Gross ‘418: 34-fig.1) along the working axis (Gross ‘418: ¶[0017]-[0018]).
Claim 16, Gross ‘418 as modified by Gross ‘468 teaches the tool of claim 2, wherein the first stator axis (Gross ‘418: A-annotated fig.2A) coincides with the piston coil axis (Gross ‘418: A-annotated fig.2A).
Claim 17, Gross ‘418 as modified by Gross ‘468 teaches the tool as claimed in claim 3, the piston coil (Gross ‘418: 106-fig.2A) and the first stator coil (Gross ‘418: 102-fig.2A) being able to be supplied with current in opposite directions in order to generate opposing magnetic fields and to accelerate the piston coil out of the first stator coil (Gross ‘418: ¶[0022]).
Claim 18, Gross ‘418 as modified by Gross ‘468 teaches the tool as claimed in claim 5, the first stator coil (Gross ‘418: 102-fig.2A) and the second stator coil (Gross ‘418: 104-fig.2A) being wound in the same direction relative to one another (Gross ‘418: It is well known in the art that coils are wound in a clockwise direction for electronic components, therefore they would be wound in the same direction. Applicant has not traversed this statement previously made by the examiner; therefore, it is Applicant admitted prior art. MPEP §2144.03).
Claim 19, Gross ‘418 as modified by Gross ‘468 teaches the tool as claimed in claim 6, comprising a detection device (Gross ‘418: 200-fig.3) for detecting a position of the working piston (Gross ‘418: ¶[0026]) and a control device (Gross ‘418: 22-fig.1) for supplying electrical current to the second stator coil in dependence on a position of the working piston detected by the detection device (Gross ‘418: ¶[0026]&[0040]-[0041]).
Claim 20, Gross ‘418 as modified by Gross ‘468 teaches the tool as claimed in claim 2, the piston coil (Gross ‘418: 106-fig.2A) and the first stator coil (Gross ‘418: 102-fig.2A) being electrically connected to one another in series (Gross ‘418: armature circuits are in series) and wound in the same direction or in opposite directions relative to one another (Gross ‘418: It is well known in the art that coils are typically wound in a clockwise direction for electronic components, therefore they would be wound in the same direction. However, it is also known in the art that the coils can be wound in opposite directions and operate in the same way. Applicant has not traversed this statement previously made by the examiner; therefore, it is Applicant admitted prior art. MPEP §2144.03).
Response to Arguments
Applicant's arguments filed 21 October 2025 have been fully considered but they are not persuasive.
Applicant’s Arguments:
(1) While Gross '418 teaches a piston coil, Applicant respectfully disagrees that it is the armature 106 as alleged by the Office. Rather, it is core member 124. As Gross '418 teaches at paragraph [0022]: "As shown in FIGS. 2A, 2B and 2, the armature member 106 can further define a core member 124 that can be secured to the plunger member 108 with a cap member 122" (emphasis added). Hence, the armature can comprise - as shown in Fig. 2A of Gross '418 - a core member (a piston coil) but does not necessary need it. Each of the Figures of Gross '418 shows a core member (a piston coil).” (Remarks p. 5)
(2) “Gross '468 does not teach a piston coil (core member) with respect to Fig. 6.” (Remarks p. 6)
(3) “It is respectfully noted that paragraphs [0069] and [0070] in Gross '468 refer to Fig. 19. Fig. 19 shows a capacitor 406 but does not show any piston coil. Instead, it shows a battery 402, a boost module 404, a boost control 408 and a solenoid 410. It does not show a piston with a piston coil as claimed in claim 1.” (Remarks p. 6)
(4) “Gross '418 shows a reluctance element within the piston coil (core member 124). However, Gross '418 does not show in Fig. 2A that the reluctance element projects transversely to the working axis of the working piston. The Office annotated Figure 2A of Gross '418 by adding the working axis A on page 8 of the Office Action. However, the annotated figure (reproduced below) shows that the core member 124 (= reluctance element) is parallel to the working axis A and not transverse to the working axis A.” (Remarks p. 7)
Examiner’s Response:
(1) Gross ‘418 does teach the claim limitation of piston coil. Armature is defined as “a usually rotating part of an electric machine (such as a generator or motor) which consists essentially of coils of wire around a metal core and in which electric current is induced or in which the input current interacts with a magnetic field to produce torque’. (Merriam-Webster; emphasis added). Armature is also defined as “One of the two principal components of a dynamo, generator, or electric motor, consisting essentially of a conductive coil of wire built around an iron core, which either rotates in a magnetic field, or which a magnetic field rotates around”. (Oxford English Dictionary; emphasis added). Though Gross does not explicitly say “piston coil’, it is well known in the art that an armature is a coil of wires. Therefore, teaches the claim limitation “piston coil’.
(2) Gross ‘468 does teach a piston coil for the same reason as Gross ‘418, see response (1).
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(3) Gross ‘468 does teach a piston coil and the capacitor is connected to the coils. 410 of Gross ‘468 is a solenoid, which is also known as a stator, which is similar to your stator coils 553, 552, and 551 in figure 5. Referring to figure 19 of Gross ‘468, the same electrical connection is shown, where the capacitors are connected to the solenoid and as the armature moves between stages, the capacitor is then connected to the armature at each stage.
(4) Gross ‘418 teaches a core member 124 that is transverse to the working axis and parallel. See annotated fig. 2A showing the portion element 124 that projects transverse from the working axis.
Examiner’s Note:
Claims 1, 7, 11, 18, and 20, the Applicant has not challenged the Official Notice/Common Knowledge taken by the examiner (in the Office Action dated 25 April 2025 to reject claim 1, 7, 11, 18, and 20). “If applicant does not traverse the examiner’s assertion of official notice or applicant’s traverse is not adequate, the examiner should clearly indicate in the next Office action that the common knowledge or well-known in the art statement is taken to be admitted prior art because applicant either failed to traverse the examiner’s assertion of official notice or that the traverse was inadequate. See Ahlert, 424 F.2d at 1091, 165 USPQ at 420.” MPEP §2144.03(C).
Since the Applicant failed to properly challenge the Official Notice/Common Knowledge during examination, the Applicant's right to challenge the Official Notice is waived, and the subject matter recited in claim 1, 7, 11, 18, and 20 is considered as Applicant's admitted prior art.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KATIE L GERTH whose telephone number is (303)297-4602. The examiner can normally be reached Monday-Thursday 9am-4pm (CT).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Shelley Self can be reached on (571)272-4524. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KATIE L GERTH/Examiner, Art Unit 3731
/STEPHEN F. GERRITY/Primary Examiner, Art Unit 3731 26 November 2025