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 .
This action is in response to the application filed on 08/30/24.
Election/Restrictions
Applicant’s election without traverse of claims 7-18 in the reply filed on 08/30 is acknowledged.
Claims 1-6 and 19-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 06/24/26.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 09/05/24 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Rejections - 35 USC § 102
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.
Claim(s) 7, 9-14 and 16-17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Roser (WO 2011/047976 A1).
Regarding claims 7, 9-14 and 16-17, Roser discloses a power tool comprising: a housing (Figs. 2 and 7) including a handle (40), the handle configured to be grasped by a user during operation; a first touch sensor (connected to 174; Fig. 7) disposed in the handle; a motor (not shown numerically) supported by the housing, the motor configured to drive a tool output (50); a second touch sensor (i.e. capacitive sensor 172) disposed adjacent the tool output; and a controller (200) connected to the first touch sensor, the second touch sensor, and the motor, the controller configured to: determine that the user is grasping the handle based on a first sensor signal from the first touch sensor, determine that flesh is not in proximity to the tool output based on a second sensor signal from the second touch sensor, and permit operation of the motor (Fig. 7); wherein, to determine that the user is grasping the handle, the controller is further configured to detect, via the first touch sensor (174), that flesh (i.e. user’s hand) is touching the handle; wherein, to determine that flesh is not in proximity to the tool output, the controller is further configured to detect, via the second touch sensor, that flesh is not touching the second touch sensor; wherein the controller is further configured to: determine that flesh is in proximity to the tool output based on a further second sensor signal from the second touch sensor; and disable operation of the motor.
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) 8 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Roser (WO 2011/047976 A1) in view of Reining (6,471,106).
Regarding claims 8 and 15, Roser teaches a power tool including a housing having a handle configured to be grasped by a user, a motor (not shown numerically) configured to drive a tool output, a first sensor disposed adjacent the handle for detecting whether the user is grasping the handle, a second sensor disposed adjacent the tool output for detecting the presence of the user's hand adjacent the tool output, and a controller (200) configured to permit or inhibit operation of the motor in response to signals received from the first and second sensors. Roser does not expressly disclose that the power tool is a stapler. Reining teaches a powered stapler including a motor-driven driving mechanism and a hand proximity sensor (22; Figs. 1-2) positioned adjacent the tools output to detect the presence of a user's hand or flesh in the vicinity of the staple exit location. Reining further teaches preventing operation of the stapler when a user's hand is detected in the hazardous region adjacent the nosepiece in order to reduce the likelihood of accidental injury. It would have been obvious to one having ordinary skills in the art before the effective filing date of the claimed invention to incorporate the dual-sensor control arrangement of Roser into the powered stapler of Reining because staplers present the same risk of inadvertent contact with the tool output as other powered tools. Employing a handle sensor to verify intentional operator control together with a hand-proximity sensor adjacent the output would have enhanced operator safety by reducing unintended actuation while preserving the normal operation of the stapler.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHELLE LOPEZ whose telephone number is (571)272-4464. The examiner can normally be reached Monday thru Friday 8:30 am to 4:30 pm.
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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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/MICHELLE LOPEZ/ Primary Examiner, Art Unit 3731
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