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 .
Response to Amendment
The amendment filed 05/18/2026 has been entered. Claims 1-20 are pending in the application.
Election/Restrictions
Applicant’s election without traverse of Species I, claims 1-7, 15-17 and 20, in the reply filed on 01/20/2026 is acknowledged. Claims 8-14 and 18-19 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-4 and 7 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ewart et al. (US 4022410 A).
Regarding claims 1, Ewart et al. discloses a driver return system for a powered fastening tool (10 col 1, lines 35-55, fig. 1), the driver return system comprising: an electric motor (405);
a conveyor (401) driven by the electric motor and forming an elongated loop (figs. 7-10); and
a pawl (301) attached to the conveyor at a location on the elongated loop and configured to move a fastener driver (314) of the powered fastening tool from an extended position to a home position when the electric motor is activated (col 4 lines 2-67, col. 5, lines 1-10, figs. 1-10).
Regarding claims 2-4, Ewart et al. discloses having the elongated loop formed by the conveyor has a longitudinal axis that is parallel to a path of the fastener driver (axis running from center of sprocket 402 to 404), wherein the conveyor includes a chain (401/413/414), a gear train (405/403/412) that couples the electric motor to the chain to which the pawl (301) is attached (figs. 7-10).
Regarding claims 7, Ewart et al. discloses after the pawl (301) moves the fastener driver from the extended position to the home position, the conveyor moves the pawl (408) out of a path of the fastener driver (col 4 lines 2-67, col. 5, lines 1-10, figs. 1-10).
Claim(s) 1-6 and 15-17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Howell (US 20080217037 A1)
Regarding claims 1-6 and 15-17, Howell discloses a driver return system for a powered fastening tool (tractor 500 with excavation apparatus 39 [0111], fig. 1 and sled driving means 220 for Kelly section 270/drill string, figs. 9-13), the driver return system comprising: an electric motor (abstract, 222/390 [0111, 0132]);
a conveyor (238) driven by the electric motor and forming an elongated loop (figs. 1-13); and
a pawl (180, figs. 9 and 17) attached to the conveyor at a location on the elongated loop and the conveyor includes a chain (234) with pawl attached (figs. 9 and 17) and configured to move a fastener driver (tractor 500 with excavation apparatus 39 with sled driving means 220 for Kelly section 270/drill string) of the powered fastening tool from an extended position to a home position when the electric motor is activated with gears/sprockets gear train (224/251, sheaves/pulleys 231/232 and 600) and the gear train further includes an intermediate gear meshed with the pinion gear and attached to the first sprocket; the first sprocket is meshed with the chain at a first end of a loop formed by the chain; and the driver return system further comprises a second sprocket meshed with the chain at a second end of the loop opposite of the first end (Sun gear 632 and planets 628 [0132-0138, 0265-0272], figs. 1-17 and 30-37) and a first detent spring (764) configured to engage the fastener driver and thereby inhibit the fastener driver from moving out of the home position ([0276], fig. 38).
Claim(s) 1-2 and 7 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tsuruta et al. (US 5389098 A).
Regarding claims 1, Tsuruta et al. discloses a driver return system for a powered fastening tool (10 col 1, lines 35-55, fig. 1), the driver return system comprising: an electric motor (747/743 col 38 lines 54-67, figs. 113-114);
a conveyor (wires 321) driven by the electric motor and forming an elongated loop (figs. 91-99); and
a pawl (base 320) attached to the conveyor at a location on the elongated loop and configured to move a fastener driver (pushers 300 and 301/staples and/or cutter 302 along guide grooves 308 and 309 to drive staples 22) of the powered fastening tool from an extended position to a home position when the electric motor is activated (col 32 line 23- col. 39, line 10, figs. 1 and 90-114).
Regarding claim 2, Tsuruta et al. discloses having the elongated loop formed by the conveyor has a longitudinal axis (longitudinal axis of 306) that is parallel to a path of the fastener driver (300/301 parallel to 306, 302 parallel to 300/301 and axis of transmission 742/motor 743 shown parallel driving axis, figs. 91-97).
Regarding claims 7, Tsuruta et al. discloses after the pawl (320) moves the fastener driver from the extended position to the home position, the conveyor moves the pawl (320) out of a path of the fastener driver (col 32 line 23- col. 39, line 10, figs. 1 and 90-114).
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.
Claim(s) 1 AND 7 is/are rejected under 35 U.S.C. 103 as obvious over Viola (US 20090039137 A1) in view of Viola et al. (US 20120223121 A1) and further in view of Moore et al. (US 20100301096 A1).
Regarding claims 1, Viola discloses a driver return system (20) for a manual powered fastening tool (10), the driver return system comprising:
a conveyor (70/106) driven by the staple driving assembly (20) and forming an elongated loop; and
a pawl (30 and/or leading edge 102) attached to the conveyor at a location on the elongated loop and configured to move a fastener driver (30 moves anvil 32 and 102 drives/moves pushers 66) of the powered fastening tool from an extended position to a home position when the staple driving assembly (20) is activated ([0029-0048], figs. 1-13).
Viola fails to disclose having an electric motor that drives the conveyor and driving system (20).
Viola et al.’121 teaches a selection assembly (32), wherein the selection assembly is operable to select between a motorized operation of the stapling head assembly or a manual operation of the stapling head ([0063, 0065, 0068], figs. 1-7).
Moore et al. also teaches a similar manual powered fastening tool (10) and adding an electric motor (562) to a manual driven surgical device to move a fastener driver [0030-0038], figs. 1-12).
Given the teachings of Viola to have an anvil coupling member driven by a conveyor staple driving assembly, it 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 to modify the manual driven stapler to include an electric motor that drives the conveyor and driving system to have a safety operating mechanism, an automatic stapling driving mechanism, prevent mishandling, proper anvil closure, automated stop and/or retract, proper use and/or for feedback purposes as taught by Viola et al.’121 and as further taught and evidenced by Moore et al. and since it has been held that broadly providing a mechanical or automatic means to replace a manual activity which has accomplished the same result involves only routine skill in the art., In re Venner, 120 USPQ 192. 10.
Regarding claims 7, Viola discloses after the pawl (30) moves the fastener driver (32) from the extended position to the home position, the conveyor (70/106) moves the pawl out of a path of the fastener driver (30 moves proximal/away from anvil after moving anvil to clamping/driving position [0029-0048], figs. 1-13).
Claim(s) 1 and 7 is/are rejected under 35 U.S.C. 103 as obvious over Sweeney (US 4544040 A) in view of Stoetzer et al. (US 8397833 B2) and further in view of Jones et al. (US 9664041 B2).
Regarding claims 1, Sweeney discloses a driver return system (hydraulically driven tensioning mechanism 200) for a powered fastening tool (10), the driver return system comprising: a motor (10);
a conveyor (204) driven by the motor and forming an elongated loop; and
a pawl (36/8) attached to the conveyor at a location on the elongated loop (204, fig. 8) and configured to move a fastener driver (tubular ram 42/anvil-forming drive head 48) of the powered fastening tool from an extended position to a home position when the electric motor is activated (col 9 lines 1-50, figs. 1-9).
Sweeney fails to disclose having an electric motor that drives the conveyor and the fastener driver.
Jones et al. teaches a drilling and bolting device (figure 1, drill rig 100, col 2 lines 60-62) comprising: chain and pulley arrangement (136-chains 144 extending over the first and second set of pulleys 138, 804), a pair of cylinder rods 104, located telescopically inside a pair of cylinders 202, col 3 lines 9-14) extending parallel to a feed axis (figures 7 and 8, the drive unit 128 slides on slide rails 126); a drive unit supported for movement relative to the frame along the feed axis (figures 7 and 8, drilling unit 128, col 6 lines 57-65).
the driver return system comprising: an electric motor (electromechanical motor - “The pair of cylinder rods 104 may be powered by a hydraulic arrangement, a pneumatic arrangement, an electromechanical drive or a combination thereof” is being interpreted as their being an actuator within each of the two cylinders”, col 3 lines 19-21).
a conveyor (136-chains 144) driven by the electric motor and forming an elongated loop (figs. 1-8); and
a pawl (302) attached to the conveyor at a location on the elongated loop and configured to move a fastener driver (128) of the powered fastening tool from an extended position to a home position when the electric motor is activated (col 7 lines 40-67, figs. 1-8).
Stoetzer et al. also teaches a driver return system (hydraulically drill fig. 1) for a powered fastening tool (44), the driver return system comprising: a motor (winch 72/linear drive 10 [0049-0050]);
a conveyor (73) driven by the motor and forming an elongated loop; and
a pawl (40/60) attached to the conveyor at a location on the elongated loop and configured to move a fastener driver (41/44) of the powered fastening tool from an extended position to a home position when the motor (10) is activated ([0047-0055, 0063-0070], figs. 1-11) and teaches having different types of linear drives/motors [0021].
Given the teachings of Sweeney to have a fastener drive driven by a conveyor, it 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 to modify the hydraulic motor and/or winch motor to be an electric motor that drives the conveyor and driving system to have a safety operating mechanism, prevent mishandling, automated stop and/or retract, easier power source (electric vs. hydraulic oil) and/or for feedback purposes as taught by Jones et al. and as further taught and evidenced by Stoetzer et al.
Regarding claims 7, Sweeney discloses after the pawl (36/8) moves the fastener driver (tubular ram 42/anvil-forming drive head 48) from the extended position to the home position, the conveyor (204) moves the pawl (36/38) out of a path of the fastener driver (col 9 lines 1-50, figs. 1-9).
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as obvious over Ewart et al. (US 4022410 A) in view of Geist (US 4129240 A) and further in view of Largo et al. (US 20170232598 A1).
Regarding claim 15, Ewart et al. discloses a driver return system for a powered fastening tool (10 col 1, lines 35-55, fig. 1), the driver return system comprising: an electric motor (405);
a conveyor (401) driven by the electric motor and forming an elongated loop (figs. 7-10); and
a pawl (301) attached to the conveyor at a location on the elongated loop and configured to move a fastener driver (314) of the powered fastening tool from an extended position to a home position when the electric motor is activated (col 4 lines 2-67, col. 5, lines 1-10, figs. 1-10).
Ewart et al. fails to disclose the driver retention system including a first detent spring configured to engage the fastener driver and thereby inhibit the fastener driver from moving out of the home position.
Geist teaches a powered fastening tool (10/110/210, figs. 1-10) with a fastener driver (19/32/124/224), with fastener driver (19/32) having a driver retention system (34/flywheel 24) including a first detent spring (66) configured to engage a fastener driver (19/32) and thereby inhibit the fastener driver from moving out of the home position (col. 4, lines 1-67, col. 5, lines 1-3, figs. 1-6) and teaches a return spring 164 coupled to driver 124 (col. 5, lines 4-67, col. 6, lines 1-14, figs. 7-8) and further teaches a driver clamping device 267 having a pair of spring actuated clamps 269 and 271 that are adapted to clamp the end of the driver 224 and hold/inhibit the driver in the return/home position (col. 6, lines 15-67, figs. 9-10)
Largo et al. also teaches a powered fastening tool (10) with a fastener driver (driver blade assembly 124- 126/132 [0021-0022], fig. 1) to drive fastener (106) with a driver return system (134), a driver retention system (138/134) including a first detent spring (138) configured to engage the fastener driver (126/132 via plate 134) and thereby inhibit the fastener driver from moving out of the home position ([0022-0027], figs. 1-5).
Given the teachings of Ewart et al. to have a driver retention system with a conveyor, it 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 to modify the driver retention system with including a first detent spring configured to engage the fastener driver and thereby inhibit the fastener driver from moving out of the home position to have a safety operating driver locking spring mechanism, prevent mishandling, automated stop and/or retract, and/or for feedback purposes as taught by Geist and as further taught and evidenced by Largo et al.
Claim(s) 5-6 and 16-17 is/are rejected under 35 U.S.C. 103 as obvious over Ewart et al. (US 4022410 A) in view of Howell (US 20080217037 A1) and further in view of Largo et al. (US 20170232598 A1).
Regarding claims 5-6 and 16-17, Ewart et al. teaches the gear train includes a pinion gear/wheel and a first sprocket/wheel; the pinion gear/wheel (405) is attached to the electric motor (404); and the first sprocket (402/403 and/or 406/407) is coupled to the pinion gear and meshed with the chain (401/413/414), the first sprocket driving the chain when the electric motor is activated (col 4 lines 2-67, col. 5, lines 1-10, figs. 1-10).
Ewart et al. fails to explicitly disclose the wheels are gears/sprockets and the gear train further includes an intermediate gear meshed with the pinion gear and attached to the first sprocket; the first sprocket is meshed with the chain at a first end of a loop formed by the chain; and the driver return system further comprises a second sprocket meshed with the chain at a second end of the loop opposite of the first end.
Largo et al. also teaches using a belt (156) having a longitudinal axis configured to be parallel to a path of the fastener driver with a gear train (166 [0026], figs. 1-5) with wheels are gears/sprockets and the gear train further includes an intermediate gear (186) meshed with the pinion gear (188, fig. 4a) and attached to the first sprocket; the first sprocket is meshed with the chain at a first end of a loop formed by the chain; and the driver return system further comprises a second sprocket meshed with the chain at a second end of the loop opposite of the first end ([0026], fig. 4).
Howell teaches a driver return system for a powered fastening tool (tractor 500 with excavation apparatus 39 [0111], fig. 1 and sled driving means 220 for Kelly section 270/drill string, figs. 9-13), the driver return system comprising: an electric motor (abstract, 222/390 [0111, 0132]);
a conveyor (238) driven by the electric motor and forming an elongated loop (figs. 1-13); and
a pawl (180, figs. 9 and 17) attached to the conveyor at a location on the elongated loop and the conveyor includes a chain (234) with pawl attached (figs. 9 and 17) and configured to move a fastener driver (tractor 500 with excavation apparatus 39 with sled driving means 220 for Kelly section 270/drill string) of the powered fastening tool from an extended position to a home position when the electric motor is activated with gears/sprockets gear train (224/251, sheaves/pulleys 231/232 and 600) and the gear train further includes an intermediate gear meshed with the pinion gear and attached to the first sprocket; the first sprocket is meshed with the chain at a first end of a loop formed by the chain; and the driver return system further comprises a second sprocket meshed with the chain at a second end of the loop opposite of the first end (Sun gear 632 and planets 628 [0132-0138, 0265-0272], figs. 1-17 and 30-37).
Given the teachings of Ewart et al. to have a driver return system including an electric motor with transmission threaded spindle coupled with a belt/tooth belt/chain that forms a loop wherein the conveyor includes a chain, a gear train that couples the electric motor to the chain, it 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 to modify the wheels to be gears/sprockets and the gear train further includes an intermediate gear meshed with the pinion gear and attached to the first sprocket; the first sprocket is meshed with the chain at a first end of a loop formed by the chain; and the driver return system further comprises a second sprocket meshed with the chain at a second end of the loop opposite of the first end to have direct engagement of the driver, increased lifting leverage, spacing needs, and/or for having the chain provide the lifting without the threaded rod for a simpler lifting mechanism as taught by Howell and Largo et al.
Allowable Subject Matter
Claim 20 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.
As allowable subject matter has been indicated, applicant's reply must either comply with all formal requirements or specifically traverse each requirement not complied with. See 37 CFR 1.111(b) and MPEP § 707.07(a).
Reasons for Allowable Subject Matter
The following is an examiner’s statement of reasons for allowance: the prior art of record fails to teach or render obvious a powered fastening tool comprising all the structural and functional limitations and further comprising, amongst other limitations/features, a fastener driver to drive fastener with a motor to drive the driver and a driver return system including the electric motor with a chain that forms a loop wherein the conveyor includes a chain, a gear train that couples the electric motor to the chain and a guide rail along which the fastener driver moves, wherein: the driver retention system further includes a second detent spring and an end cap; the second detent spring is configured to engage the fastener driver and thereby inhibit the fastener driver from moving out of the home position; and the end cap retains one end of the guide rail and positions the first and second detent springs on opposite sides of the fastener driver. Though Blessing et al. teaches having a driver return system including an electric motor with transmission threaded spindle coupled with a belt/tooth belt/chain that forms a loop wherein the conveyor includes a chain, a gear train that couples the electric motor to the chain the driver tool lacks and a guide rail along which the fastener driver moves, wherein: the driver retention system further includes a second detent spring and an end cap; the second detent spring is configured to engage the fastener driver and thereby inhibit the fastener driver from moving out of the home position; and the end cap retains one end of the guide rail and positions the first and second detent springs on opposite sides of the fastener driver. Having the efficiency and support with guide rails and a cable/chain provides an effective driving and return system for a powered fastening tool.
While various features of the claimed subject matter are found individually in the prior art, a skilled artisan would have to include knowledge gleaned only from the applicant's disclosure to combine or modify the teachings of the prior art to produce the claimed subject matter, and thus obviousness would not be proper. See In re McLaughlin, 443 F.2d 1392, 170 USPQ 209 (CCPA 1971). There is no teaching, suggestion, or motivation found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art to combine or modify the teachings of the prior art to produce the claimed invention, and thus obviousness would not be proper. 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).
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
Additional prior art considered pertinent: AU 3195999 A – sprocket (205) meshed to pinion gear (206) with chain 207 (fig. 19), see form 892.
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 ROBERT LONG whose telephone number is (571)270-3864. The examiner can normally be reached M-F, 9am-5pm, 8-9pm (EST).
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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/ROBERT F LONG/Primary Examiner, Art Unit 3731
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