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 Preliminary Amendment
The preliminary amendment filed 01/20/2026 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 Claims 8-14 and 18-19 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim.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 and 7 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Blessing et al. (US 20080210736 A1).
Regarding claims 1, Blessing et al. discloses a driver return system for a powered fastening tool (10), the driver return system comprising: an electric motor (71);
a conveyor (76) driven by the electric motor; and a pawl (78) attached to the conveyor and configured to move a fastener driver of the powered fastening tool from an extended position to a home position when the electric motor is activated ([0010-0012, 0026-0028], figs. 1-4).
Regarding claims 7, Blessing et al. discloses after the pawl (78) moves the fastener driver from the extended position to the home position, the conveyor moves the pawl out of a path of the fastener driver ([0029], figs. 1-3).
Claim Rejections - 35 USC § 103
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.
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) 15 is/are rejected under 35 U.S.C. 103 as obvious over Blessing et al. (US 20080210736 A1) in view of Geist (US 4129240 A) and further in view of Largo et al. (US 20170232598 A1).
Regarding claim 15, Blessing et al. discloses a powered fastening tool (10) comprising: a fastener driver (13) configured to move from a home position to an extended position to drive a fastener (60) into a workpiece ([0010-0012, 0026-0028], figs. 1-4);
a driver return system (71/78) configured to return the fastener driver from the extended position to the home position, the driver return system including an electric motor (71), a conveyor (76) driven by the electric motor, and a pawl (78) attached to the conveyor and configured to engage the fastener driver; and
a driver retention system (50) configured to retain the fastener driver in the home position [0027-0029],
Blessing 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 Kondo et al. to have a trigger biasing assembly with two compression springs, 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 actuation assembly is configured to actuate one or more indicator or illumination lights in response to the trigger passing the transition point and the primary response comprises operation of the power tool at a selected speed or angle of rotation, and wherein the secondary response comprises: operation of the power tool at a different speed or angle of rotation relative to the speed or angle associated with the primary response, activating one or more indicator or illuminating lights, activating one or more sensors, causing one or more pieces of information to be gathered, recorded or communicated, or indexing the power tool a selected number of degrees to have precise adjustment of speed/torque for more precise operation of the tool and more precise action on a workpiece (avoid overshoot/damage to the workpiece) and/or for feedback purposes as taught by Miller.
Claim(s) 2-6 is/are rejected under 35 U.S.C. 103 as obvious over Blessing et al. (US 20080210736 A1) in view of WINK (US 3212589 A) and further in view of Largo et al. (US 20170232598 A1).
Regarding claims 2-4, Blessing et al. teaches having a driver return system including an electric motor (71) with a transmission threaded spindle (76) coupled with a belt/tooth belt/chain (73) that forms a loop wherein the conveyor includes a chain (73), a gear train (spindle wheel 75) that couples the electric motor to the chain ([0026-0029], figs. 1-3) but fails discloses the conveyor forms an elongated loop having a longitudinal axis configured to be parallel to a path of the fastener driver, wherein the conveyor includes a chain, a gear train that couples the electric motor to the chain.
WINK teaches a drill unit (15) having a conveyor (posts 11/11a) forms an elongated loop (chains 31/31a) having a longitudinal axis configured to be parallel to a path of the fastener driver, wherein the conveyor includes a chain (chains 31/31a), a gear train (Sprockets 32-32a and 33/33a, col. 3, lines 65-75, col. 4, lines 1-54, figs. 1-3).
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).
Given the teachings of Blessing 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 conveyor to form an elongated loop having a longitudinal axis configured to be parallel to a path of the fastener driver, wherein the conveyor includes a chain, a gear train that couples the electric motor to the chain 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 WINK and Largo et al.
Regarding claims 5-6, Blessing et al. teaches the gear train (73) includes a pinion gear/wheel (driven wheel 72) and a first sprocket/wheel (spindle wheel 75); the pinion gear/wheel (driven wheel 72) is attached to the electric motor (71); and the first sprocket (spindle wheel 75) is coupled to the pinion gear and meshed with the chain (73), the first sprocket driving the chain when the electric motor is activated ([0026-0029], figs. 1-3).
Blessing 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.
WINK teaches a drill unit (15) with the gear train (chains 31/31a) includes a pinion gear and a first sprocket (Sprockets 32-32a and 33/33a) and the first sprocket is coupled to the pinion gear and meshed with the chain, the first sprocket driving the chain, wherein: the gear train further includes an intermediate gear meshed with the pinion gear (“At least one pair of sprockets) 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 (col. 3, lines 65-75, col. 4, lines 1-54, figs. 1-3).
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).
Given the teachings of Blessing 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 WINK and Largo et al.
Claim(s) 16-17 is/are rejected under 35 U.S.C. 103 as obvious over Blessing et al. (US 20080210736 A1) in view of Geist (US 4129240 A) in view of Largo et al. (US 20170232598 A1) and further in view of WINK (US 3212589 A).
Regarding claims 16-17, Blessing et al. teaches having a driver return system including an electric motor (71) with a transmission threaded spindle (76) coupled with a belt/tooth belt/chain (73) that forms a loop wherein the conveyor includes a chain (73), a gear train (spindle wheel 75) that couples the electric motor to the chain ([0026-0029], figs. 1-3) Blessing et al. fails to disclose the driver return system further includes a gear train that couples the electric motor to the chain wherein: the gear train includes a pinion gear and a sprocket; the pinion gear is attached to the electric motor; and the sprocket is coupled to the pinion gear and meshed with the chain, the sprocket driving the chain when the electric motor is activated.
WINK teaches a drill unit (15) having a conveyor (posts 11/11a) forms an elongated loop (chains 31/31a) having a longitudinal axis configured to be parallel to a path of the fastener driver, wherein the conveyor includes a chain (chains 31/31a), a gear train (Sprockets 32-32a and 33/33a, col. 3, lines 65-75, col. 4, lines 1-54, figs. 1-3).
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).
Given the teachings of Blessing 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 conveyor to form an elongated loop having a longitudinal axis configured to be parallel to a path of the fastener driver, wherein the conveyor includes a chain, a gear train that couples the electric motor to the chain 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 WINK 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: see form 892.
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