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 § 102
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1, 2, 4 and 5 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2004/0099102 A1 to (Vaughan).
Regarding claim 1, (Vaughan) discloses a driving tool, comprising: a longitudinal axis; a handle 10 having a first end 20 and a second end 30 opposite the first end along the longitudinal axis; a shaft 64 coupled to the first end of the handle (Fig. 3); a cavity (50, 51, 52, 53, 54, 55) centered on and extending along a cavity axis, the cavity formed in the handle 10 at a position located between the first end 20 and the second end 30; an engagement bit (61, 62, 63, 64) removably secured within the cavity; wherein the cavity axis is orientated at an angle with respect to the longitudinal axis such that the cavity axis intersects the longitudinal axis (Fig. 2); and wherein an outer wall of the engagement bit interfaces with an inside wall of the handle to removably secure the engagement bit within the cavity (Fig. 2), when the engagement bit is positioned within the cavity (Fig. 4).
Regarding claim 2, in the driving tool of (Vaughan), the cavity axis is perpendicular to the longitudinal axis (Fig. 2).
Regarding claim 4, in the driving tool of (Vaughan), the engagement bit forms an interference fit with the cavity (“each of the rods 61-64 is adapted by its size to fit in tight sliding engagement within at least one of the holes 50-55” – para. [0020]).
Regarding claim 5, in the driving tool of (Vaughan), the cavity comprises a first opening and a second opening opposite the first opening along the cavity axis, wherein the handle further comprises an outer side surface extending between the first end and the second end, wherein the first opening and the second opening are defined along the outer side surface of the handle, and wherein the cavity is configured such that the engagement bit can be removed from the cavity from the first opening (see annotated Figs. 2).
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Allowable Subject Matter
Claims 6-9 are objected to as being dependent upon a rejected base claim, but would be allowable if claims 6 and 8 are rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claims 10-20 are allowed.
The following is a statement of reasons for the indication of allowable subject matter: regarding claim 6, that the cavity further comprises a step positioned adjacent to the second opening and extending from an interior wall of the cavity in a direction towards the cavity axis; regarding claim, 8, that a channel formed in the handle and spaced a distance from the longitudinal axis, the channel configured to receive and retain the shaft, wherein the channel extends through the handle in a direction parallel to the longitudinal axis; regarding claim 10, that the first bit and the second bit configured to engage a mounting end of the shaft; and, regarding claim 16, that a second channel formed in the socket at a position located between the first end and the second end such that the second channel intersects the first channel, the second channel defining an opening along the outer side wall; a shaft, comprising: a mounting end configured to removably couple to the socket within the first channel such that the shaft extends along the longitudinal axis; and a body configured to be received and retained within the second channel such that the shaft extends transverse to the longitudinal axis; and wherein, when the shaft is received in the second channel, the shaft can be rotated around the longitudinal axis to drive a fastener into a workpiece, together in combination with the rest of the limitations in the respective independent claim, has neither been disclosed nor suggested by the prior art of record.
Response to Arguments
Applicant’s arguments, see pp. 6 and 7, filed 3 August 2026, with respect to the rejection(s) of claim(s) 1, 2, 4 and 5 under 35 U.S.C. 102(a)(1) have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of (Vaughan).
Applicant’s arguments, see pp. 7-9, with respect to the previous application of prior art to amended claims 10 and 16 have been fully considered and are persuasive. The rejection of claims 10-20 has been withdrawn.
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 David B. Thomas whose telephone number is (571) 272-4497. The examiner’s e-mail address is: dave.thomas@uspto.gov. The examiner can normally be reached on Mon-Fri 11:30-7:30.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Posigian can be reached on (. The fax phone number for the organization where this application or proceeding is assigned is (571) 273-8300.
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/David B. Thomas/
Primary Examiner, Art Unit 3723
/DBT/
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