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 .
Status of Claims
This final office action is responsive to claims filed on January 9, 2026.
Applicant’s amendments to claims 1, 2, 4-7, and 9-10 are acknowledged.
Claims 1-10 are being examined in this office action.
Claim Interpretation
This application includes one or more claim limitations that do not use the word “means,” but are noted below as not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. Such claim limitations are:
Striking unit configured strike (Claims 1-7 and 10)
Biasing unit configured to bias (Claims 1 and 10)
Rotating unit configured to be rotated (Claims 1 and 10)
Examiner notes that the limitation:
"striking unit” (Claims 1-7 and 10) is disclosed briefly in Applicant's Specification [0013] with reference to element 112;
“biasing unit” (Claims 1 and 10) is disclosed briefly in Applicant's Specification [0021] with reference to element 136; and
“rotating unit” (Claims 1 and 10) is disclosed briefly in Applicant's Specification [0007] with reference to element 150, includes a base unit and plurality of engaging portions provided on the base unit so as to be engageable with the striking unit.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-9 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites the limitation “wherein performs a lifting operation,” (line 12) however this recitation renders the claim indefinite because it is unclear which structural limitation is performing the lifting operation.
Claim 1 recites the limitation "the first engagement portion" in lines 21-22. There is insufficient antecedent basis for this limitation in the claim.
Claims 2-9 are rejected as being dependent upon a rejected base claim.
Response to Arguments
Applicant’s arguments, filed January 9, 2026, with respect to claims 1 and 10 have been fully considered and are persuasive. The 35 U.S.C. 102(a)(1) rejections of claims 1 and 10 have been withdrawn.
Allowable Subject Matter
No prior art has been applied to claims 1-10. Po does not disclose or suggest each and every feature of amended independent claims 1 and 10.
Claim 1 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Claim 10 is allowable.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. BABA (US 2021/0299836 A1, herein BABA) discloses (Fig. 3) a driver-returning mechanism. SATO (US 2017/0190037 A1, herein SATO ‘037) discloses (Figs. 5a-5g) a reciprocating rack, however does not disclose wherein a second engaging portion that is not engaged with the striking unit when the striking unit is moved to the top dead center. Furthermore, SATO et al. (US 10,843,317 B2, herein Sato ‘317) discloses: a driving source (motor, 43) (Fig. 1);
a striking unit (driver blade, 23; incl. rack 42 provided on a side edge) (Fig. 9) configured to be able to strike a fastener by moving to one side in a first direction (i.e. downward in a vertical direction);
a biasing unit (piston, 18) configured to bias the striking unit to the one side in the first direction; and
a rotating unit (rotary component, 38) configured to be rotated by a driving force of the driving source (i.e. via drive shaft 39, Fig. 3), thereby moving the striking unit to the other side in the first direction (i.e. in a direction approaching the pneumatic chamber 21; upward in a vertical direction),
wherein the rotating unit (38) includes a base unit and a plurality of engaging portions (41) (Fig. 9) provided on the base unit so as to be engageable with the striking unit (23, 42) (Col. 5, lines 43-51), and
wherein the plurality of engaging portions include:
a first engaging portion that is engaged with the striking unit when the striking unit is moved to the other side in the first direction (i.e. in a direction approaching the pneumatic chamber 21; upward in a vertical direction) (Col. 6, lines 34-43);
but does not disclose a second engaging portion that is not engaged with the striking unit when the striking unit is moved to the other side in the first direction.
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 PRAACHI M. PATHAK whose telephone number is (571)272-8005. The examiner can normally be reached Monday & Tuesday 8:30 am-5:30 pm ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Shelley Self can be reached at (571) 272-4524. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Praachi M Pathak/Primary Examiner, Art Unit 3731
March 17, 2026