Prosecution Insights
Last updated: July 17, 2026
Application No. 18/491,210

Screw Driving Machine

Non-Final OA §103
Filed
Oct 20, 2023
Priority
Oct 21, 2022 — JP 2022-169173 +1 more
Examiner
RIVERA, CARLOS A
Art Unit
3723
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Max Co., Ltd.
OA Round
1 (Non-Final)
77%
Grant Probability
Favorable
1-2
OA Rounds
7m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 77% — above average
77%
Career Allowance Rate
402 granted / 520 resolved
+7.3% vs TC avg
Strong +29% interview lift
Without
With
+29.0%
Interview Lift
resolved cases with interview
Typical timeline
3y 4m
Avg Prosecution
32 currently pending
Career history
549
Total Applications
across all art units

Statute-Specific Performance

§101
0.1%
-39.9% vs TC avg
§103
82.1%
+42.1% vs TC avg
§102
8.4%
-31.6% vs TC avg
§112
8.1%
-31.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 520 resolved cases

Office Action

§103
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 . Election/Restrictions Claims 8-18 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected group II, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 4/2/2026. 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) 1-2, 7 are rejected under 35 U.S.C. 103 as being unpatentable over Takezaki US 5,921,156 A in view of Habermehl US 5,855,151 A. Re claim 1, Takezaki discloses a screw driving machine [fig. 1] comprising: a contact portion 21 configured to abut against a driven member 15 and to move from a first position [bottom dead position] to a second position [top dead position] via a third position [any mid position] by abutting against the driven member to press against the driven member; a driving portion [2, 4] configured to move a driver bit in an axial direction and to drive a screw into the driven member by moving the driver bit in the axial direction; a tightening portion [b] configured to cause the driver bit to rotate about an axis and tighten the screw at least after the screw is driven; a tightening depth switching portion 37 [fig. 6] configured to switch a tightening depth of the screw by the tightening portion after the screw is driven. Takezaki does not disclose a driving depth regulating portion configured to regulate a movement amount of the contact portion between the second position and the third position such that the driving portion is configured to move a driver bit in an axial direction when the contact portion reaches the third position; and a driving depth switching portion configured to switch whether to regulate the movement amount of the contact portion by the driving depth regulating portion. However, Habermaehl teaches a screw driving machine [fig. 1] comprising a driving depth regulating portion [surface 115] configured to regulate a movement amount of the contact portion between a second position [top dead position] and a third position [locked position] such that the driving portion is configured to move a driver bit in an axial direction when the contact portion reaches the third position [“cam member 114 has a cam surface 115 which varies in depth, parallel the longitudinal axis 52, circumferentially about the cam member 114. A portion of the cam surface 115 is always axially in line with the rod 110…By rotation of the cam member 114, the extent to which the rod 110 may slide rearwardly is adjusted.”]; and a driving depth switching portion [cam 114 and/or pin 116’ configured to switch whether to regulate the movement amount of the contact portion [18, 24] by the driving depth regulating portion. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the regulating and switching portion of Habermehl with the screw machine of Takezaki in order to yield the predictable result of adjusting the hammering depth. Re claim 2, Takezaki and Habermehl teach the invention as discussed above for claim 1. Habermehl further teaches wherein the driving depth regulating portion includes a locking member 115 configured to regulate the movement amount of the contact portion [18, 24] by protruding into a movement path of the contact portion [fig. 4]. Re claim 7, Takezaki and Habermehl teach the invention as discussed above for claim 1. wherein the contact portion [18, 24] includes the driving depth regulating portion 115 and the driving depth switching portion [114, 116]. Claim(s) 3-6 are rejected under 35 U.S.C. 103 as being unpatentable over Takezaki US 5,921,156 A in view of Habermehl US 5,855,151 A. and in further view of Fukushima EP 0727284 A2. Re claim 3, Takezaki and Habermehl teach the invention as discussed above for claim 2. Habermehl further teaches wherein the locking member 115 protruding into a movement path of the contact portion [18, 24] when the locking member is in the locking position [fig. 3]. The combination does not teach wherein the locking member is movable between a locking position and a first retracted position by an operation of the driving depth switching portion, the locking member being retracted from the movement path of the contact portion when the locking member is in the first retracted position. However, Fukushima teaches a screw driving machine [fig. 1] comprising a locking member 130 [figs. 10(a), 10(b)] movable between a locking position [fig. 10(a)] and a first retracted position [any position between fig. 10(a) and fig. 10(b) where the locking member is retracted from the movement path] by an operation of a driving depth switching portion [piston 123, rod 124], the locking member 130 being retracted from the movement path of the contact portion when the locking member 130 is in the first retracted position. Thus, Habermehl and Fukushima, each disclose a locking member. A person of ordinary skill in the art before the effective filing date of the claimed invention would have recognized that the locking member of Fukushima could have been substituted for the locking member of Habermehl because both locking members serve the purpose of providing depth adjustment for the contact portions. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the locking member of Fukushima for the locking member of Habermehl according to known methods to yield the predictable result of providing a depth adjustment to the contact portion. Re claim 4, Takezaki, Habermehl, and Fukushima teach the invention as discussed above for claim 3. Fukushima further teaches a screw feeding portion [air cylinder device 111] configured to operate interlocking with the driving portion 102 and to feed the screw to an injection passage of the screw, wherein the locking member 130 is coupled to the screw feeding portion 111 and is movable between the locking position [fig. 10(a)] and a second retracted position [fig. 10(b)] or between the first retracted position and the second retracted position by interlocking with an operation of the screw feeding portion 111 feeding the screw, the locking member being retracted from a movement path of the contact portion 121 when the locking member is in the second retracted position [fig. 10(b)]. Re claim 5, Takezaki, Habermehl, and Fukushima teach the invention as discussed above for claim 4. Fukushima further teaches wherein the locking member 130 is rotatably supported by a feeding member [feed pawl 126] of the screw feeding portion 111 with a shaft 125 as a fulcrum, and wherein the driving depth switching portion is configured to cause the locking member 130 to rotate with the shaft 125 as a fulcrum so as to move the locking member 130 between the locking position and the first retracted position. Allowable Subject Matter Claim 6 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. The following is a statement of reasons for the indication of allowable subject matter: The prior art of record does not show or fairly render obvious the combination set forth in the claims. The prior art shows a cam system to provide for the adjustment in depth, but the prior art does not specifically show wherein the driving depth regulating portion includes a plurality of the locking members configured to regulate the movement amount of the contact portion, and wherein the driving depth regulating portion is configured to switch the movement amount of the contact portion according to the locking member protruding to the movement path of the contact portion. Correspondence Any inquiry concerning this communication or earlier communications from the examiner should be directed to Carlos A. Rivera whose telephone number is (571)270-5697. The examiner can normally be reached 9AM -4PM. 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, Brian Keller can be reached at (571) 272-8548. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. C. A. R. Primary Patent Examiner Art Unit 3723 /C. A. RIVERA/Primary Patent Examiner, Art Unit 3723
Read full office action

Prosecution Timeline

Oct 20, 2023
Application Filed
May 27, 2026
Non-Final Rejection mailed — §103 (current)

Precedent Cases

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
77%
Grant Probability
99%
With Interview (+29.0%)
3y 4m (~7m remaining)
Median Time to Grant
Low
PTA Risk
Based on 520 resolved cases by this examiner. Grant probability derived from career allowance rate.

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