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 .
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 application is 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 7/7/2026 has been entered.
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.
Claims 33-45 are 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 33 recites “a home position and a retracted position” in the clause beginning with “a connector”. It is unclear if this is intended to refer to the same home position and a retracted position as previously established (i.e. with respect to the fastener gripping portion and the screw-nut force converter), or different ones. For examination purposes, this will be interpreted as reciting --home position and a retracted position--.
Claim 44 recites “the pull-back hull” in line 3. There is insufficient antecedent basis for this limitation in the claim.
The remaining claims are rejected by virtue of their dependency on claim 33.
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 33-45 are rejected under 35 U.S.C. 103 as being unpatentable over Yabuguchi et al. (WO2019049910, with reference to translation) in view of Lian et al. (U.S. PGPub 2019/0247913, cited in IDS), Chi (U.S. Patent 6,655,473), and Rossler et al. (U.S. Patent 5,337,463).
Claim 33: Yabuguchi et al. discloses a power tool (1) comprising: a handle (15); a motor (2 - paragraph 38) having a motor output shaft (25) for rotation about a first rotational axis (A2) to generate torque; a transmission having at least one planetary gear arrangement (31 - paragraph 39) rotatable about the first rotational axis to increase the torque generated by the motor output shaft (paragraph 40); a gear arrangement operatively coupled to the at least one planetary gear arrangement and including a first gear (35) and a second gear (411), the first gear being rotatable about the first rotational axis to receive the torque from the at least one planetary gear arrangement along the first longitudinal axis (paragraph 41), and the second bevel gear being rotatable about a second rotational axis (A1) to receive the torque from the first bevel gear (Id.); a fastener gripping portion (63) comprising a jaw assembly including a plurality of jaw members (630) moveable along the second longitudinal axis between a home position and a retracted position to cause the jaw members to grip and pull a mandrel of a blind rivet to set the blind rivet (paragraphs 56-57); and a screw-nut force converter (40 - paragraphs 43-44) configured to move the jaw assembly between the home position and the retracted position (Id.), the screw-nut force converter including: a rotational nut (41) having an internal threaded surface (paragraph 46), the rotational nut being arranged forward of the handle, the rotational nut being surrounded by the second gear for rotation about the second rotational axis (Fig. 3; paragraph 45), a translational screw (46) arranged forward of the handle for axial movement along the second longitudinal axis (A1) in response to rotation by the rotational nut (paragraph 44), a connector (49) operatively connected to the translational screw (paragraph 51) for axial movement along the second longitudinal axis between [the] home position and a retracted position (paragraphs 39-46), and a plurality of rollers (balls - paragraph 46) arranged forward of the handle between opposing surfaces of the translational screw and the rotational nut to cause the axial movement of the translational screw in response to rotation by the rotational nut (Id.).
Yabuguchi further discloses that the configurations of the motor 2, the transmission mechanism 3, and the drive mechanism 4 may be changed as appropriate (paragraph 114), but does not disclose a configuration wherein the motor is entirely located within the handle, the transmission is located within the handle, the first rotational axis extends along a first longitudinal axis of the handle, the transmission extending along the first longitudinal axis of the handle, and the second rotational axis extending along a second longitudinal axis of the power tool that is perpendicular to the first longitudinal axis. However, Lian teaches a similar power tool having a configuration wherein the motor (12 - paragraph 15) is entirely located within the handle (Fig. 2), the transmission (14 - paragraph 15) is located within the handle, the first rotational axis extends along a first longitudinal axis of the handle (the motor axis is parallel to the handle), the transmission extending along the first longitudinal axis of the handle (Fig. 2), and the second rotational axis (parallel to 26) extending along a second longitudinal axis of the power tool that is perpendicular to the first longitudinal axis (Fig. 2). Since both references teach an arrangement or configuration of the motor and transmission of a power tool (e.g. a riveting tool), it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have substituted the motor and gearing transmission arrangement of Yabuguchi with that of Lian to have achieved the predictable result of driving the power tool via the motor and transmission (MPEP 2143 I. B.). It is further noted that in view of such a modification, portions claimed as being forward of the first longitudinal axis (the nut, translational screw, and rollers) would be so by virtue of being forward of the handle in Yabuguchi.
Yabuguchi uses a gearing arrangement (35, 411) to transmit torque between the transmission and the screw-nut force converter as cited above, but not a bevel gear arrangement having a first bevel gear and a second bevel gear as claimed. However, in view of the perpendicular arrangement as taught by Lian, and noting that Lian is otherwise silent as to how torque is transferred, Chi teaches a portable, motor-driven, pistol-style power tool including a bevel gear arrangement having first bevel gear (142) along a handle axis for driving a second bevel gear (22) perpendicular thereto and connected to the remainder of the tool mechanisms. Since both references teach a means or configuration for transferring torque perpendicularly between a motor and a remainder of the parts of a hand-held power tool via gears, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have substituted the gearing arrangement of Yabuguchi with that of Chi to have achieved the predictable result of driving the power tool via the motor (MPEP 2143 I. B.).
Yabuguchi further discloses that the configuration of the pin gripping portion of the nose portion, the shapes of the jaws and claws of the pin gripping portion, or the manner of connection with the screw shaft 46, etc. may be modified as appropriate, or that the fastening tools may be selectively equipped with one of a plurality of nose portions corresponding different fasteners (paragraph 108), but does not explicitly disclose wherein the jaw members collectively define an annular groove with a member seated in the annular groove and configured to bias the jaw members together. However, Rossler teaches a similar power tool wherein the jaw members (40) collectively define an annular groove (46) with a member (O-ring 50) seated in the annular groove and configured to bias the jaw members together (column 3, lines 1-23). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have substituted the jaw arrangement of Yabuguchi with that of Rossler depending upon the style of fastener to be fastened, for example.
Claim 34: Referring to Yabuguchi, the screw-nut force converter is a roller (ball) screw mechanism (paragraphs 43-44, 46) extending along the second axis between the bevel gear arrangement (as modified by Chi) and the connector (see paragraph 56, and evident from Fig. 2).
Claim 35: In the arrangement resulting from the above combination, the first bevel gear and the motor output shaft would be aligned along the first longitudinal axis of the handle.
Claim 36: The first bevel gear would rotate at a lower speed than the motor output shaft by virtue of the planetary transmission between them.
Claim 37: Yabuguchi further discloses a battery attachment portion (158) on the handle (lower end) such that a notional line extending between the battery attachment portion and the motor output shaft (as modified by Chi) extends along the first longitudinal axis.
Claim 38: Referring to Yabuguchi, the motor is a brushless DC motor (paragraph 38).
Claim 39: The translational screw further includes a channel extending therethrough along the second axis (the screw 46 is depicted as hollow).
Claim 40: The portion of the gear 411 surrounding and connected to nut 41 could be broadly considered a “drive sleeve”. As modified by Chi, the gear 411 would be the second bevel gear. In this case, “rotationally coupled” is understood from the instant disclosure as meaning fixed relative to rotation (paragraph 20).
Claim 41: A drive sleeve (the portion of the gear 411 surrounding and connected to nut 41, as noted above) is rotationally fixed to the rotational nut to rotatably drive the rotational nut.
Claim 42-43: Referring again to Rossler, the member (50) comprises an O-ring formed of an elastic (“resilient”) material (as cited above).
Claim 44: Referring to Rossler, each jaw member in the plurality of jaw members has a ramped outer surface (42) configured to cooperate with a conical inner surface (30) of [a] pull-back hull (20).
Claim 45: The plurality of jaw members are circumferentially arranged for radial movement about a jaw assembly axis that is coaxial with the second longitudinal axis (as cited above).
Response to Arguments
Applicant's arguments filed 7/7/2026 have been fully considered. Applicant’s arguments essentially rely on amendments to overcome the prior art of record. The amendments have been addressed by the new grounds of rejection incorporating Rossler above.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
U.S. Patent 3,187,546 and GB1041310 also recite jaw members having grooves and O-rings, similar to Rossler.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW P TRAVERS whose telephone number is (571)272-3218. The examiner can normally be reached 10:00AM-6:30PM.
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/Matthew P Travers/ Primary Examiner, Art Unit 3726
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