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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 04/13/2026 has been entered.
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.
Claims 1-5 and 8-10 are rejected under 35 U.S.C. 103 as being unpatentable over Carrier et al (US 2020/0070330), hereinafter Carrier, in view of Machida et al (US 2017/0203402), hereinafter Machida, in view of Klaus (US 4,186,862).
Regarding claim 1, Carrier discloses a powered fastener driver comprising:
a housing (Fig. 1, item 14) defining a cylinder support portion (Fig. 1, item 78) and a motor housing portion (Fig. 4, item 44);
a cylinder (Fig. 5, item 70) within the cylinder support portion (Fig. 5);
a piston (Fig. 1, item 80) movable within the cylinder from a top-dead-center (TDC) position (Para. 0050-0055, 0062-0065) to a bottom-dead-center (BDC) position (Para. 0050-0055, 0062-0065);
a driver blade (Fig. 1, item 90) attached to the piston for movement therewith along a driving axis (Para. 0050-0055) from the TDC position toward the BDC position (Para. 0050-0055) for driving a fastener into a workpiece (Para. 0050-0055);
a lifter (Fig. 2, item 100) operable to move the piston and driver blade (Para. 0050-0055), in unison, from the BDC position toward the TDC position (Para. 0050-0055);
a nosepiece (Fig. 1, item 30, 32) extending from the housing from which the fastener is discharged (Fig. 1);
a motor (Fig. 5, item 40) disposed in the motor housing portion (Fig. 4, item 44);
a fan (Fig. 4, item 46) coupled to the motor to receive torque therefrom (Para. 0039, 0060, 0065), causing the fan to rotate (Para. 0039, 0060, 0065) and generate an airflow (Para. 0039, 0060, 0065); and
a conduit (Fig. 1, item 256, 254, 252, 250, 238, 236, 234, 242, 230) (Fig. 5, item 262, 264, 266) configured to direct the air flow (Para. 0060).
Carrier does not expressly disclose the conduit is configured to direct the airflow toward at least one of the nosepiece to clear and/or prevent debris accumulated in the cylinder support portion of the housing, or the cylinder for cooling the cylinder.
However, Machida teaches a conduit (Machida, Para. 0145-0148) configured to direct airflow (Machida, Para. 0145-0148) generated by a fan (Machida, Fig. 3, item 14) (Machida, Para. 0145-0148) toward at least one of the nosepiece to clear (Machida, Para. 0145-0148) and/or prevent debris (Machida, Para. 0145-0148) accumulated in the cylinder support portion of the housing (Machida, Para. 0145-0148), or the cylinder for cooling the cylinder.
It would have been obvious to a person of ordinary skill in the art at the effective filing date of the invention having the teachings of Carrier and Machida to modify the powered fastener driver of Carrier to include the conduit configuration of Machida. A person of ordinary skill in the art would have been motivated to make such change in order to provide a tool capable of supporting a large extension/contraction stroke without being restricted by the housing of the tool (Machida, Para. 0005).
Carrier in view of Machida is silent about wherein the airflow is configured to move across a surface of the nosepiece or an outer surface of the cylinder.
However, Klaus teaches a powered fastener driver (Klaus, Fig. 1) comprising: a conduit (Klaus, Fig. 2, item 16) configured to direct the airflow toward at least one of the nosepiece (Klaus, Fig. 2, item 12) to clear and/or prevent debris (Klaus, Col. 3, line 33-Col. 4, line 20) accumulated in the cylinder support portion of the housing (Klaus, Col. 3, line 33-Col. 4, line 20), or the cylinder for cooling the cylinder, wherein the airflow is configured to move across a surface (Klaus, Fig. 2, item 12) of the nosepiece (Klaus, Col. 3, line 33-Col. 4, line 20) or an outer surface of the cylinder.
It would have been obvious to a person of ordinary skill in the art at the effective filing date of the invention having the teachings of Carrier, Machida, and Klaus to modify the powered fastener driver of Carrier in view of Machida to include the conduit location as taught by Klaus. A person of ordinary skill in the art would have been motivated to make such change in order to minimize the damage to the tool due to debris generated during the operation process (Klaus, Col. 1, lines 40-50).
Regarding claim 2, Carrier discloses the powered fastener driver of claim 1, wherein the conduit is disposed in an interior of the housing (Fig. 5, air flow paths 256, 254, 252, 250, 238, 236, 234, 242 are located in an interior of housing 14).
Regarding claim 3, Carrier discloses the powered fastener driver of claim 1, wherein the conduit is integrated with the housing (Fig. 5, air flow paths 256, 254, 252, 250, 238, 236, 234, 242 are formed integrally within the interior of housing 14).
Regarding claim 4, Carrier discloses the powered fastener driver of claim 1, wherein the conduit is at least partially defined externally of the housing (Fig. 5, item 262, 264, 266).
Regarding claim 5, Carrier discloses the powered fastener driver of claim 4, wherein the conduit includes an inlet (Fig. 5, item 262, 264, 266) defined in the motor housing portion and an outlet (Fig. 6, item 230, path 230 is an outlet because it is a path outside of cylinder 70) defined in the cylinder support portion and in fluid communication with the inlet (Para. 0060-0065).
Regarding claim 8, Carrier discloses the powered fastener driver of claim 1, wherein the airflow is induced through the motor housing portion to cool the motor (Para. 0065).
Regarding claim 9, Carrier discloses the powered fastener driver of claim 1, wherein the housing further defines a handle portion (Fig. 6, item 12) and a battery receptacle portion (Fig. 6, item 48), the battery receptacle portion disposed between the handle portion and the motor housing portion (Fig. 6, battery 48 is located between handle 12 and motor housing 44/motor 40), and wherein the battery receptacle portion includes an inlet opening (Fig. 6, item 250, 238) configured to communicate an interior of the motor housing portion (Fig. 6) and an outside environment (Fig. 6).
Regarding claim 10, Carrier discloses the powered fastener driver of claim 9, further comprising a printed circuit board (Fig. 5, item 50) located in the battery receptacle portion (Para. 0058), wherein the airflow is induced through the battery receptacle portion (Para. 0058) to cool the printed circuit board (Para. 0058).
Claims 6-7 and 11-16 are rejected under 35 U.S.C. 103 as being unpatentable over Carrier in view of Machida further in view of Klaus further in view of Webb (US 2014/0299646).
Regarding claim 6, Carrier in view of Machida further in view of Klaus does not expressly disclose the powered fastener driver of claim 1, wherein the cylinder support portion includes a baffle configured to direct the airflow toward the nosepiece.
However, Webb teaches a powered fastener driver (Webb, Fig. 1, item 100) wherein the cylinder support portion includes a baffle (Webb, Fig. 1, item 139) configured to direct the airflow toward the nosepiece (Webb, Para. 0052, 0058).
It would have been obvious to a person of ordinary skill in the art at the effective filing date of the invention having the teachings of Carrier, Machida, Klaus, and Webb to modify the powered fastener driver of Carrier in view of Machida further in view of Klaus to include the baffle of Webb. A person of ordinary skill in the art would have been motivated to make such change in order to speed up the airflow as the air moves through the cylinder (Webb, Para. 0052).
Regarding claim 7, as combined above, Webb teaches the powered fastener driver of claim 6, wherein the baffle is integrated with the housing (Webb, Para. 0052, 0058).
Regarding claim 11, Carrier in view of Machida further in view of Klaus is silent about the powered fastener driver of claim 1, further comprising a filter upstream of the fan.
However, Webb teaches a powered fastener driver (Webb, Fig. 1, item 100) comprising a filter (Webb, Fig. 1, item 21) upstream of the fan (Webb, Fig. 1, item 104).
It would have been obvious to a person of ordinary skill in the art at the effective filing date of the invention having the teachings of Carrier, Machida, Klaus, and Webb to modify the powered fastener driver of Carrier in view of Machida further in view of Klaus to include the filter of Webb. A person of ordinary skill in the art would have been motivated to drive air from the outside atmosphere of the tool into the cylinder to fire the tool (Webb, Para. 0052).
Regarding claim 12, Carrier in view of Machida further in view of Klaus does not expressly disclose the powered fastener driver of claim 1, further comprising a baffle extending around the fan to direct the airflow to the conduit.
However, Webb teaches a powered fastener driver (Webb, Fig. 1, item 100) further comprising a baffle (Webb, Fig. 1, item 139) extending around the fan (Webb, Fig. 1, item 104) to direct the airflow to the conduit (Webb, Para. 0052, 0058).
It would have been obvious to a person of ordinary skill in the art at the effective filing date of the invention having the teachings of Carrier, Machida, Klaus, and Webb to modify the powered fastener driver of Carrier in view of Machida further in view of Klaus to include the baffle of Webb. A person of ordinary skill in the art would have been motivated to make such change in order to speed up the airflow as the air moves through the cylinder (Webb, Para. 0052).
Regarding claim 13, Carrier in view of Machida further in view of Klaus does not expressly discloses the powered fastener driver of claim 1, further comprising an auxiliary fan.
However, Webb teaches a powered fastener driver (Webb, Fig. 1, item 100) comprising an auxiliary fan (Webb, Fig. 1, item 103, 104).
It would have been obvious to a person of ordinary skill in the art at the effective filing date of the invention having the teachings of Carrier, Machida, Klaus, and Webb to modify the powered fastener driver of Carrier in view of Machida further in view of Klaus to include the fan of Webb. A person of ordinary skill in the art would have been motivated to make such change in order to speed up the airflow as the air moves through the cylinder (Webb, Para. 0052).
Regarding claim 14, as combined above, Webb teaches the powered fastener driver of claim 13, wherein the auxiliary fan induces an auxiliary airflow (Webb, Para. 0052) configured to cool the cylinder (Webb, Para. 0052, auxiliary airflow is capable of cooling cylinder 13).
Regarding claim 15, as combined above, Webb teaches the powered fastener driver of claim 13, wherein the auxiliary fan is positioned at a rear of the cylinder (Webb, Fig. 1, fan 103, 104 is positioned at rear of cylinder 13).
Regarding claim 16, the modified Carrier teaches the powered fastener driver of claim 13, wherein the auxiliary fan (Webb, Fig. 1, fan 103, 104 is located at the top of the cylinder) is positioned adjacent the lifter (Carrier, Fig. 1, lifter 100 is adjacent to cylinder where auxiliary fan would be located).
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Carrier in view of Machida further in view of Klaus further in view of Kobori et al (US 2021/0031348), hereinafter Kobori.
Regarding claim 17, Carrier in view of Machida further in view of Klaus is silent about the powered fastener driver of claim 1, further comprising a pressure relief valve in fluid communication with the cylinder and configured to open in response to a pressure of pressurized air within the cylinder exceeding a predetermined value.
However, Kobori teaches a powered fastener driver (Kobori, Fig. 1) comprising a pressure relief valve (Kobori, Fig. 1, item 81) in fluid communication with the cylinder (Kobori, Fig. 1) (Kobori, Para. 0049-0050) and configured to open in response to a pressure (Kobori, Para. 0049-0050) of pressurized air within the cylinder exceeding a predetermined value (Kobori, Para. 0049-0050).
It would have been obvious to a person of ordinary skill in the art at the effective filing date of the invention having the teachings of Carrier, Machida, Klaus, and Kobori to modify the powered fastener driver of Carrier in view of Machida further in view of Klaus to include the pressure relief valve of Kobori. A person of ordinary skill in the art would have been motivated to make such change in order to discharge air within the cylinder to the outside atmosphere (Kobori, Para. 0048).
Claims 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over Carrier in view of Machida further in view of Klaus further in view of Kamimoto et al (US 2018/0178362), hereinafter Kamimoto.
Regarding claim 18, Carrier in view of Machida further in view of Klaus does not expressly disclose the powered fastener driver of claim 1, wherein the cylinder is an inner cylinder and the powered fastener driver further comprises an outer storage cylinder in which compressed gas is stored, wherein the inner cylinder, at a location above the piston, is in fluid communication with the compressed gas in the outer storage cylinder to apply pressure to the piston when in the TDC position, wherein an annular intermediate chamber is formed between a bottom portion of the inner cylinder and a bumper, wherein a passageway connects the annular intermediate chamber to the outer storage cylinder, and wherein a check valve is positioned in the passageway.
However, Kamimoto teaches a powered fastener driver (Kamimoto, Fig. 2, item 1) wherein the cylinder is an inner cylinder (Kamimoto, Fig. 2, item 12) and the powered fastener driver further comprises an outer storage cylinder (Kamimoto, Fig. 2, item 8) in which compressed gas is stored (Kamimoto, Para. 0050-0052), wherein the inner cylinder, at a location above the piston (Kamimoto, Fig. 2, item 10, 11), is in fluid communication with the compressed gas (Kamimoto, Para. 0050-0052) in the outer storage cylinder to apply pressure to the piston (Kamimoto, Para. 0050-0052) when in the TDC position (Kamimoto, Para. 0050-0052), wherein an annular intermediate chamber (Kamimoto, Fig. 2, item 14) is formed between a bottom portion of the inner cylinder (Kamimoto, Para. 0050-0052) and a bumper (Kamimoto, Fig. 2, item 19), wherein a passageway connects the annular intermediate chamber to the outer storage cylinder (Kamimoto, Para. 0050-0052), and wherein a check valve (Kamimoto, Fig. 2, item 14a) is positioned in the passageway (Kamimoto, Para. 0050-0052).
It would have been obvious to a person of ordinary skill in the art at the effective filing date of the invention having the teachings of Carrier, Machida, Klaus, and Kamimoto to modify the powered fastener driver of Carrier in view of Machida further in view of Klaus to include the check valve of Kamimoto. A person of ordinary skill in the art would have been motivated to make such change in order to simplify the configuration of the tool while improving ease of assembly, efficiency in maintenance, and usability (Kamimoto, Para. 0008).
Regarding claim 19, as modified above, Kamimoto teaches the powered fastener driver of claim 18, wherein a pressure increase in the annular intermediate chamber occurs (Kamimoto, Para. 0050-0052) in response to the piston impacting the bumper (Kamimoto, Para. 0050-0052), and wherein the pressure increase in the annular intermediate chamber opens the check valve (Kamimoto, Para. 0050-0052) to vent pressurized air from the annular intermediate chamber to the outer storage cylinder (Kamimoto, Para. 0050-0052).
Claims 20-21 are rejected under 35 U.S.C. 103 as being unpatentable over Carrier in view of Machida further in view of Klaus further in view of Ekstrom et al (US 2014/0076953), hereinafter Ekstrom.
Regarding claim 20, Carrier in view of Machida further in view of Klaus teaches the powered fastener driver of claim 1, further comprising an opening in a bottom of the cylinder (Carrier, Fig. 6, cylinder 70 has an opening in the bottom) (Carrier, Para. 0060-0065), the opening providing clearance for expelling air from the cylinder (Para. 0060-0065) in response to the piston moving from TDC position to BDC position (Carrier, Para. 0060-0065).
Carrier in view of Machida further in view of Klaus does not expressly disclose a baffle configured to redirect at least a first portion of the expelled air around the cylinder for cooling.
However, Ekstrom teaches a powered fastener driver (Ekstrom, Fig. 1) comprising a baffle (Ekstrom, Fig. 5, item 42) configured to redirect at least a first portion of the expelled air (Ekstrom, Para. 0027-0028) around the tool for cooling (Ekstrom, Para. 0027-0028).
It would have been obvious to a person of ordinary skill in the art at the effective filing date of the invention having the teachings of Carrier, Machida, Klaus, and Ekstrom to modify the powered fastener driver of Carrier in view of Machida further in view of Klaus to include the baffle of Ekstrom. A person of ordinary skill in the art would have been motivated to make such change in order to minimize the amount of heated air which recirculates through the tool, thus preventing damage to the tool (Ekstrom, Para. 0028).
Regarding claim 21, the modified Carrier teaches the powered fastener driver of claim 20, wherein a second portion (Machida, Para. 0145-0148) of the expelled air is directed away from the cylinder (Machida, Para. 0145-0148) to clear and/or prevent debris (Machida, Para. 0145-0148) accumulated in the cylinder support portion of the housing (Machida, Para. 0145-0148).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-21 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VERONICA MARTIN whose telephone number is (571)272-3541. The examiner can normally be reached Monday-Thursday 8:00-6:00.
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.
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.
/VERONICA MARTIN/Primary Examiner, Art Unit 3731
Prosecution Insights