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 5 May 2026.
Claims 1-3 and 6-20 are currently pending and being examined.
Response to Amendment
The 35 USC § 112(a) and 112(b) rejection in regard to claim 8 and dependents are withdrawn because claim 8 no longer depends from claim 1 and does not contain the conflicting language of “a lock member that is integrated within the pusher and capable of being displaceable parallel to a movement direction of the pusher”.
Claim Objections
Claim 8 and dependents are objected to because of the following informalities:
Claim 8 line 1 recites “The driving tool” should read “A driving tool”.
Appropriate correction is required.
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.
Claim(s) 1-3, 6-7, and 12-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wen (US 7,182,236) in view of Zimmerman (US 2021/0299833).
Wen teaches:
Claim 1: A driving tool (1-fig.1) comprising:
a driver (15-fig.1) configured to drive a driven member into a workpiece (2:32-44);
a contact arm (13-fig.2) pressed against the workpiece and configured to move with respect to a tool body (1-fig.1) for a driving operation of the driver (2:45-53);
a magazine (17-fig.1) configured to load the driven member (2:32-37);
a pusher (14-figs.1-2) moveable within the magazine configured to push and load the driven member into a driving channel of the driver (2:32-37);
a lock member (2-fig.2) that is integrated within the pusher and capable of being displaceable parallel to a movement direction of the pusher (see figs. 6 and 10 showing 10 integrated with the pusher 14 and displaceable parallel to the movement direction of the magazine; 3:4-8); and
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a lock spring (3-fig.2) configured to bias the lock member in a direction projecting from the pusher (3:9-15), wherein
the lock member (2-fig.2) moves against a biasing pressure of the lockspring (3-fig.2) and is displaced to a retracted position when a distal end face (A-annotate fig.8) of the lock member is abutted from a side (A-annotate fig.8) against the contact arm (figs.4-8), when the driver is in a standby position and when one more than a predetermined number of driven members remains in the magazine (3:20-34),
the lock member (2-fig.2) enters a movement path (up arrow shown in fig.10) of the contact arm (13-fig.2) from the retracted position to restrict the movement of the contact arm when the number of driven members remaining in the magazine reaches the predetermined number (3:35-52).
Wen does not expressly teach a lift mechanism configured to return the driver in a direction opposite to a driving direction of the driven member.
However, Zimmerman teaches a lift mechanism (78-fig.3) configured to return the driver in a direction opposite to a driving direction of the driven member [¶0037]).
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 device of Wen, by having the driving/lift mechanism, as taught by Zimmerman, as a well-known alternative driving mechanism for driving nails and returning the driver blade to stand-by in nail guns.
Wen as modified by Zimmerman further teaches:
Claim 2: The driving tool according to claim 1, wherein the driven member is configured to encounter a lateral side of an end in the driving direction of the driver in a stand-by position (Wen: 3:35-52; fig.5).
Claim 3: The driving tool according to claim 2, wherein the driven member (Wen: 5-fig.5; Zimmerman: ¶[0033]) is pushed and loaded by the pusher into the driving channel of the driver (Wen: 14-fig.5, 2:32-37) while the driver reaches a top dead center from the stand-by position (Zimmerman: ¶[0033],[0037]).
Claim 6: The driving tool according to claim 1, wherein the pusher has
a guide portion (Wen: 141-fig.2) movable to support the lock member (Wen: 3:4-8) and
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a pin positioned between the guide portion and the lock member (Wen: 22-fig.2) configured to prevent the lock member from being removed from the guide portion (Wen: 3:4-8).
Claim 7: The driving tool according to claim 6, wherein the lock member including:
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a support portion (Wen:22-fig.2) located within the guide portion (Wen: 141-fig.2), and
an engaging portion (Wen: D-annotated fig.2) located outside the guide portion and bent against the support portion extending along a plane across the guide portion (Wen: see annotated fig.2).
Claim 12: The driving tool according to claim 1 further comprising: a pusher spring (Wen: 18-fig.2) configured to bias the pusher toward the driving channel (Wen: 2:64-2:3).
Claim 13: The driving tool according to claim 12, wherein a force of the lock spring (Wen: 3-fig.2) is weaker than a biasing force of the pusher spring (Wen: 3:4-15).
Claim 14: The driving tool according to claim 1, wherein the pusher includes a holder (Wen: 4-fig.7) in which the lock member (Wen: 2-fig.2) is displaceable and a pusher piece (Wen: 14-fig.7) that is rotatably provided (Wen: see fig.4 showing 14 is not tightly placed within the guide track therefore capable of minute rotation when the nails are pushed) on the holder and is in contact with the driven member (Wen: 2:34-3:3).
Claim 15: The driving tool according to claim 1, wherein the driven member is loaded in the driving direction as the driven member comes closer to the driving channel (Wen: 2:64-2:3; figs. 4-7).
Claim 16: The driving tool according to claim 1, wherein the driver (Zimmerman: 26-fig.2) has a coupled piston (Zimmerman: 22-fig.2), and wherein a movement of the coupled piston generates gas pressure that causes the driver to perform a driving operation (Zimmerman: ¶[0033],[0037]).
Wen teaches:
Claim 17: A driving tool (1-fig.1) comprising:
a driver (15-fig.1) configured to drive a driven member into a workpiece (2:32-44);
a driving nose (at least 11,12-fig.1) allocated at a lower part of a tool body (1-fig.1), wherein the driving nose includes
a driver guide (111-fig.1) coupled to a lower part of the tool body (see fig.1 showing 111 at the lower part of the tool body 1), and
a contact arm (13-fig.2) pressed against the workpiece and configured to move with respect to the tool body (1-fig.1) for performing a driving operation of the driver (2:45-53);
a magazine (17-fig.1) coupled to a rear side of the driver guide (see fig.1 showing 17 coupled to 11 on a rear side) and configured to load the driven member (2:32-37);
a pusher (14-fig.1) configured to push the driven member toward a driving channel of the driver, wherein the pusher includes a holder (4-fig.7), a lock member (2-fig.2), and a pusher piece (14-fig.7); and
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the lock member (2-fig.2) that is integrated within the pusher and capable of being displaceable parallel to a movement direction of the pusher (2:45-53; and
a lock spring(3-fig.2) configured to bias the lock member in a direction projecting from the pusher (3:9-15), wherein
the lock member (2-fig.2) moves against a biasing pressure of the lock biasing member (3-fig.2) and is displaced to a retracted position when a distal end face (A- annotate fig.8) of the lock member is abutted from a side (A-annotate fig.8) against the contact arm (figs.4-8), when the driver is in a standby position and when one more than a predetermined number of driven members remains in the magazine (3:20-34),
the lock member (2-fig.2) encounters a movement path (up arrow shown in fig.10) of the contact arm (13-fig.2) from the retracted position to restrict the movement of the contact arm when the number of driven members remaining in the magazine reaches the predetermined number (3:35-52).
Wen does not teach expressly teach a driver configured to drive a driven member into a workpiece, wherein the driver has a plurality of engaging portions, and the driver is coupled to a piston; lift mechanism sequentially engageable with the plurality of engaging portions for returning the driver in a direction opposite to a driving direction of the driven member.
However, Zimmerman teaches a driver (10-fig.2) configured to drive a driven member into a workpiece (¶[0037]), wherein the driver has a plurality of engaging portions (¶[0036]-[0037]), and the driver is coupled to a piston (22-fig.2; ¶[0033]); lift mechanism sequentially engageable with the plurality of engaging portions for returning the driver in a direction opposite to a driving direction of the driven member (¶[0036]-[0037]).
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 device of Wen, by having the driving/lift mechanism, as taught by Zimmerman, as a well-known alternative driving mechanism for driving nails and returning the driver blade to stand-by in nail guns.
Claim(s) 18-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wen (US 7,182,236) in view of Zimmerman (US 2021/0299833), further in view of Yu (US 8,104,658).
Wen as modified by Zimmerman further teaches:
Claim 18: The driving tool according to claim 17.
Wen as modified by Zimmerman does not expressly teach a pusher comprises a pusher claw supported by the holder via a support shaft, wherein the holder has an upper guide edge allocated on an upper surface of the holder and a lower guide edge allocated on a lower surface of the holder.
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However, Yu teaches a pusher (21-fig.1) comprises a pusher claw (22-fig.1) supported by the holder via a support shaft (D-annotated fig.1), wherein the holder has an upper guide edge (E-annotated fig.1) allocated on an upper surface of the holder and a lower guide edge (F-annotated fig.1) allocated on a lower surface of the holder (3:20-45).
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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 Wen and Zimmerman, by adding a pusher claw, as taught by Yu, to assist in moving the strip of nails to the driving channel, thus decreasing the chance of incorrect feeding or misfire.
Wen as modified by Zimmerman and Yu further teaches:
Claim 19: The driving tool of claim 18, wherein the magazine (Yu: 2-fig.1) comprises an upper guide rail (Yu: G-annotated fig.1) configured to hold the upper guide edge, and a lower guide rail (Yu: H-annotated fig.1) configured to hold the lower guide edge (Yu: 3:20-45).
Claim 20: The driving tool according to claim 17, wherein the pusher piece is biased by a torsion spring (Yu: 73-fig.1) having a first end engageable with an upper surface of the pusher piece and a second end engageable with the holder (Yu: 4:1-15).
Claim(s) 8-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yu (US 8,104,658) in view of Zimmerman (US 2021/0299833).
Yu teaches:
Claim 8: A driving tool (3:20-24), comprising:
a driver (8-fig.4) configured to drive a driven member into a workpiece (3:54-67);
a contact arm (3-fig.3) pressed against the workpiece and configured to move with respect to a tool body for a driving operation of the driver (3:54-67);
a magazine (2-fig.1) configured to load the driven member (4:1-10);
a pusher (21-fig.1) moveable within the magazine configured to push and load the driven member into a driving channel (11-fig.1) of the driver (4:1-15);
a lock member (at least 5,6,41-fig.1) that is integrated within the pusher and configured to be displaceable in the pusher in a direction different from a movement direction of the pusher (4:16-5:43), and
a lock spring (71-fig.4) configured to bias the lock member (at least 5,6,41-fig.1) in a direction projecting from the pusher, wherein the lock member moves against a biasing pressure of the lock spring and is displaced to a retracted position when a contact portion of the lock member contacts an abutment face of the tool body, when the driver is in a standby position and when one more than a predetermined number of driven members remains in the magazine (5:11-23),
the lock member enters a movement path of the contact arm from the retracted position to restrict the movement of the contact arm when the number of driven members remaining in the magazine reaches the predetermined number (5:24-43).
Yu does not expressly teach a lift mechanism configured to return the driver in a direction opposite to a driving direction of the driven member.
However, Zimmerman teaches a lift mechanism (78-fig.3) configured to return the driver in a direction opposite to a driving direction of the driven member (¶[0037]).
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 device of Yu, by having the driving mechanism, as taught by Zimmerman, as a well-known alternative driving mechanism for driving nails in nail guns.
Yu as modified by Zimmerman further teaches:
Claim 9: The driving tool according to claim 8, wherein the lock member (Yu: at least 5,6,41-fig.1) has an engaging portion (Yu: 52-fig.3) located at a bottom in the driving direction and the contact portion located at a top (Yu: 6,41-fig.3), wherein the contact portion is restricted from being displaced upward by a restricting surface of the tool body (Yu: 16-fig.6; 4:16-27), and wherein the engaging portion (Yu:5-fig.8) enters the movement path of the contact arm (Yu: 5:24-43).
Claim 10: The driving tool according to claim 9, wherein the contact portion (Yu: 6,41-fig.8) is configured to protrude toward the tool body (Yu: see fig.8 showing 6 and 41 protruding to the front of the tool body).
Claim 11: The driving tool according to claim 8, wherein the lock member (Yu: at least 5,6,41-fig.1) is configured to rotate along a plane including the movement direction of the pusher (Yu: 4:58-5:23).
Response to Arguments
Applicant's arguments filed 5 May 2026 have been fully considered but they are not persuasive.
Applicant’s Arguments:
“As shown in FIGS. 2 and 6 of Wen, the braking unit 2 includes a protrusion 21 that contacts the last nail of the loaded nails. During normal operation, the nail pusher 14 and the protrusion 21 press against the last nail 51. It is this physical contact with the nail that holds the braking unit 2 in its retracted position against the bias of the resilient element 3. Only "when the last nail 51 is shot," i.e., when no more nails remain, is "the braking unit 2 further pushed by the resilient element 3 to move forward" into the blocking position. The braking unit 2 does not contact the securing slide rod 13 from the side at any point during this sequence.
Claim 1 (and similarly claim 17) requires that the lock member is displaced to a retracted position "when a distal end face of the lock member is abutted from a side against the contact arm." This is a specific mechanical interaction: the lock member retracts because its distal end face contacts the contact arm from the side. That interaction is entirely absent from Wen. The Examiner's annotated FIG. 8, which labels a point "A" as the distal end face abutting the contact arm, does not support the rejection. Wen's own description of FIG. 8 confirms that the figure depicts "the protrusion of the braking unit together with the nail pusher pushing on the last nail," not side contact with the securing slide rod 13.” (Remarks p. 8-9)
Examiner’s Response:
Wen does teach “the lock member moves against a biasing pressure of the lock spring and is displaced to a retracted position when a distal end face of the lock member is abutted from a side against the contact arm, when the driver is in a standby position and when one more than a predetermined number of driven members remains in the magazine”. As shown in at least figures 2 and 8-9, protrusion 21 is hook shaped and receded in respect to the forward most surface of 2. As stated in the specification the protrusion 21 pushes the last nail into the slot, whilst the forwardmost portion of 2 is pressed against 133. This is further evidenced by the other embodiment shown in figures 12-14, specifically figure 13 showing the last nail 510 in the slot, while the contact portion of 73 is pressed against 75 before going into the braking position when the last nail is fired.
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 at (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
/SHELLEY M SELF/Supervisory Patent Examiner, Art Unit 3731
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