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 .
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1 and 3-14 are rejected under 35 U.S.C. 103 as being unpatentable over Miller et al (US 2002/0104866), hereinafter Miller, in view of Uejima et al (US 2008/0210734), hereinafter Uejima.
Regarding claim 1, Miller discloses a driving tool (Fig. 1, item 10), comprising:
a main body portion (Fig. 1, item 30) including a nose portion (Fig. 3, item 50, 60) (Fig. 7, item 100) having an injection passage (Fig. 7, item 100) (Para. 0065) to which the fastener is supplied (Para. 0065); and
a magazine (Fig. 1, item 20) that includes an accommodation portion (Fig. 19, interior of magazine 20, 1000) (Para. 0116-0117) configured to accommodate a fastener (Para. 0116-0117), and a cap portion (Fig. 19, item 1006) that opens and closes the accommodation portion (Para. 0116, 0130), and that opens the accommodation portion when accommodating the fastener (Para. 0116-0117, 0130 after nails are loaded into the magazine, endcap closes the accommodation portion of the magazine); and
a feeding portion (Fig. 19, item 1002) (Fig. 27, item 1300, 1302, 1024) configured to feed the fastener to the injection passage (Para. 0124, 0142), wherein
the magazine is supported to be slidable in a first direction (Fig. 2, first direction is direction of arrows 9 where magazine is brought into engagement with body of tool) approaching the nose portion and a second direction (Fig. 1, second direction is direction of arrows 20 where magazine is disengaged from body of tool) opposite to the first direction,
the main body portion includes an engaging portion (Fig. 3, item 50, 66, 64) (Fig. 19, item 1028) (Para. 0130-0133) engageable with the cap portion in a state (Para. 0130-0133) where the cap portion is closed (Para. 0130-0133), and
the cap portion is configured to be engaged with the engaging portion by the magazine moving in the first direction (Para. 0116, 0130, 0139) (Claim 1) (Para. 0130, endcap 1006 closes magazine and magazine remains closed so long as endcap is attached to magazine), and to be separated from the engaging portion in the second direction to be disengaged from the engaging portion such that the accommodation portion is opened (Para. 0116, 0130, 0139) (claim 1) by the magazine moving in the second direction (Para. 0116, 0130, 0139) (claim 1) from a state of being engaged with the engaging portion (Para. 0116, 0130, 0139) (claim 1) such that the accommodation portion is opened
Miller is silent about the cap portion is rotatably connected to the accommodation portion, and is configured to open the accommodation portion by rotating with respect to the accommodation portion when accommodating the fastener.
However, Uejima teaches a driving tool (Uejima, Fig. 1) wherein the cap portion (Uejima, Fig. 3, item 6) is rotatably connected to the accommodation portion (Uejima, Fig. 3, movable member 6 rotates open and closed), and is configured to open the accommodation portion (Uejima, Para. 0057, 0087-0089) by rotating with respect to the accommodation portion (Uejima, Para. 0057, 0087-0089) when accommodating the fastener (Uejima, Para. 0057, 0087-0089).
It would have been obvious to a person of ordinary skill in the art at the effective filing date of the invention having the teachings of Miller and Uejima to modify the driving tool of Miller to include the rotatable cap portion of Uejima. A person of ordinary skill in the art would have been motivated to make such change in order to allow the user to open and close the magazine at will (Uejima, Para. 0057).
Miller is silent about the cap portion includes an engaged portion configured to engage with the engaging portion, the cap portion is configured to hold the accommodation portion in a closed state when the engaging portion is engaged with the engaged portion, and the cap portion is configured such that the accommodation portion can be opened when an engagement between the engaging portion and the engaged portion is released; and the engaged portion is configured to be engaged with the engaging portion by the magazine moving in the first direction, and to be separated from the engaging portion in the second direction to be disengaged from the engaging portion by the magazine moving in the second direction from a state of being engaged with the engaging portion such that the accommodation portion is opened when the fastener is accommodated.
However, Uejima teaches a driving tool (Uejima, Fig. 1) wherein the main body portion (Uejima, Fig. 3, item 3, 55, 89, 35) has a cap portion (Uejima, Fig. 3, item 6, 66) including an engaged portion (Uejima, Fig. 3, item 6c, 6b, 66) configured to engage with the engaging portion (Uejima, Para. 0084-0090), the cap portion is configured to hold the accommodation portion in a closed state (Uejima, Para. 0084-0090) when the engaging portion is engaged with the engaged portion (Uejima, Para. 0084-0090), and the cap portion is configured such that the accommodation portion can be opened (Uejima, Para. 0084-0090) when an engagement between the engaging portion and the engaged portion is released (Uejima, Para. 0084-0090); and the engaged portion is configured to be engaged with the engaging portion (Uejima, Para. 0084-0090) by the magazine moving in the first direction (Uejima, Para. 0084-0090), and to be separated from the engaging portion in the second direction (Uejima, Para. 0084-0090) to be disengaged from the engaging portion (Uejima, Para. 0084-0090) by the magazine moving in the second direction (Uejima, Para. 0084-0090) from a state of being engaged with the engaging portion (Uejima, Para. 0084-0090) such that the accommodation portion is opened when the fastener is accommodated (Uejima, Para. 0084-0090).
It would have been obvious to a person of ordinary skill in the art at the effective filing date of the invention having the teachings of Miller and Uejima to modify the driving tool of Miller to include the cap portion configuration of Uejima. A person of ordinary skill in the art would have been motivated to make such change in order to ensure the feed process is smooth and to prevent the likelihood of breakdowns (Uejima, Para. 0008).
Regarding claim 3, Miller discloses the driving tool according to claim 1, wherein
the magazine includes a biasing member (Fig. 19, item 1608) (Para. 0130-0135) that biases the cap portion in an opening direction of the cap portion (Para. 0130-0135).
Regarding claim 4, Miller discloses the driving tool according to claim 3, further comprising:
the feeding portion includes a feeding member (Fig. 27, item 1300, 1302, 1024) that is engaged with the fastener to feed the fastener in the first direction (Para. 0124, 0142), and
the feeding member is exposed to an outside (Fig. 19) in a state (Para. 0124, 0142) where the cap portion is opened (Para. 0124, 0142).
Regarding claim 5, Miller discloses the driving tool according to claim 4, wherein the feeding member is interlocked (Para. 0124, 0142) with movement of the magazine (Para. 0124, 0142).
Regarding claim 6, Miller discloses the driving tool according to claim 5, wherein the magazine movably supports the feeding portion (Fig. 19) (Para. 0124, 0142).
Regarding claim 7, Miller discloses the driving tool according to claim 1, wherein
the magazine includes a passage portion (Para. 0116, 0130, 0139) that is connected to the injection passage (Para. 0116, 0130, 0139) by moving in the first direction (Para. 0116, 0130, 0139) and is separated from the injection passage (Para. 0116, 0130, 0139) by moving in the second direction (Para. 0116, 0130, 0139).
Regarding claim 8, Miller discloses the driving tool according to claim 1, wherein
the nose portion includes a second passage portion (Fig. 7, item 100) (Para. 0065) that is connected to the injection passage (Fig. 7, item 100) (Para. 0065) such that the fastener passes through the second passage portion (Para. 0065), and
the magazine includes a first passage portion (Para. 0116, 0130, 0139) through which the fastener passes (Para. 0116, 0130, 0139) and that is connected to the second passage portion (Para. 0116, 0130, 0139) by moving in the first direction (Para. 0116, 0130, 0139) and is separated from the second passage portion (Para. 0116, 0130, 0139) by moving in the second direction (Para. 0116, 0130, 0139).
Regarding claim 9, Miller discloses the driving tool according to claim 1, wherein
the nose portion further includes a pressing portion (Fig. 3, item 50, 66, 64) (Fig. 19, item 1028) (Para. 0130-0133) configured to press the cap portion closed (Para. 0130-0133), and
the pressing portion moves between a pressing position (Para. 0130-0135) for pressing the cap portion (Para. 0130-0135) and a release position (Para. 0130-0135) for releasing the pressing of the cap portion (Para. 0130-0135) in conjunction with movement of the magazine (Para. 0130-0135).
Regarding claim 10, Miller discloses the driving tool according to claim 1, further comprising:
an operation unit (Fig. 3, item 50, 66, 64) (Fig. 19, item 1028) (Para. 0130-0133) configured to receive an operation of moving the magazine (Fig. 3, item 50, 66, 64) (Fig. 19, item 1028) (Para. 0130-0133), wherein the operation unit includes a holding unit (Fig. 3, item 50, 66, 64) (Fig. 19, item 1028) (Para. 0130-0133) configured to hold a position of the magazine (Fig. 3, item 50, 66, 64) (Fig. 19, item 1028) (Para. 0130-0133).
Regarding claim 11, Miller discloses the driving tool according to claim 10, wherein the operation unit is configured to release a holding state (Para. 0130-0135) where the holding unit holds the position of the magazine (Para. 0130-0135) when receiving a force for moving the magazine in the second direction (Para. 0130-0135).
Regarding claim 12, Miller discloses the driving tool according to claim 1, further comprising:
a striking portion (Fig. 11, item 502, 504) configured to drive out the fastener by supplying compressed air (Para. 0104-0105);
a main valve (Fig. 11, item 524) configured to switch (Para. 0111) whether to supply the compressed air to the striking portion (Para. 0111);
a starting valve (Fig. 18, item 130) configured to operate the main valve (Para. 0109-0112);
a contact portion (Fig. 3, item 52) that is provided to be movable from a third position (Para. 0065-0066) at which the starting valve is not operable (Para. 0065-0066) to a fourth position (Para. 0065-0066) at which the starting valve is operable (Para. 0065-0066), and that is configured to switch between a sign-in state (Para. 0065-0066) where the starting valve is operable (Para. 0065-0066) by moving from the third position (Para. 0065-0066) to the fourth position (Para. 0065-0066) and a sign-off state (Para. 0065-0066) where the starting valve is not operable at the third position (Para. 0065-0066); and
a contact restriction portion (Fig. 46, item 110, 56, 114) configured to restrict the contact portion (Para. 0065-0066) from moving to the fourth position (Para. 0065-0066) in accordance with a position of the magazine (Para. 0065-0066).
Regarding claim 13, Miller discloses the driving tool according to claim 12, wherein
the contact restriction portion includes a contact restriction lever (Fig. 46, item 114) (Para. 0065-0066) that protrudes to a movement path (Para. 0065-0066) of the contact portion from the third position (Para. 0065-0066) to the fourth position (Para. 0065-0066) by the magazine moving in the second direction (Para. 0065-0066) to restrict the contact portion moving (Para. 0065-0066), and that is configured to retreat from the movement path (Para. 0065-0066) of the contact portion by the magazine (Para. 0065-0066) moving in the first direction to release a restriction state (Para. 0065-0066) where the contact restriction lever restricts the contact portion from moving (Para. 0065-0066).
Regarding claim 14, Miller is silent about the driving tool according to claim 1, wherein the main body portion includes a door portion, which is openable and closable, provided with the engaging portion, the cap portion includes an engaged portion configured to engage with the engaging portion, and the magazine is configured to be disengaged from the engaging portion to open the accommodation portion by moving in the second direction in a state even where the door portion is closed.
However, Uejima teaches a driving tool (Uejima, Fig. 1) wherein the main body portion (Uejima, Fig. 3, item 3, 55, 89, 35) includes an openable and closable door portion (Uejima, Fig. 3, item 55, 37, 89) provided with the engaging portion (Uejima, Para. 0084-0090), the cap portion (Uejima, Fig. 3, item 6, 66) includes an engaged portion (Uejima, Fig. 3, item 6c, 6b, 66) configured to engage with the engaging portion (Uejima, Para. 0084-0090), and the magazine is configured to be disengaged from the engaging portion to open the accommodation portion by moving in the second direction (Uejima, Para. 0084-0090) in a state even where the door portion is closed (Uejima, Para. 0084-0090).
It would have been obvious to a person of ordinary skill in the art at the effective filing date of the invention having the teachings of Miller and Uejima to modify the driving tool of Miller to include the door of Uejima. A person of ordinary skill in the art would have been motivated to make such change in order to ensure the feed process is smooth and to prevent the likelihood of breakdowns (Uejima, Para. 0008).
Response to Arguments
Applicant's arguments filed 02/24/2026 have been fully considered but they are not persuasive for the following reason:
In response to applicant’s argument that there is no teaching, suggestion, or motivation to combine the references, the examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007). In this case, Examiner acknowledges that Miller does not teach the cap portion is rotatably connected to the accommodation portion and that opens and closes the accommodation portion by rotating, but Uejima teaches this feature. A person of ordinary skill in the art would modify Miller to include the rotatable connection taught by Uejima in order to allow the user to open and close the magazine at will (Uejima, Para. 0057). See above 35 USC 103 rejection. Therefore the rejection is maintained.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 VERONICA MARTIN whose telephone number is (571)272-3541. The examiner can normally be reached Monday-Thursday 8:00-6:00.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use 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 at (571)270-1926. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/VERONICA MARTIN/Primary Examiner, Art Unit 3731
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