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 documents received on March 10, 2026.
Response to Arguments
Applicant’s arguments with respect to the rejection of the pending claims as amended under 35 USC 102(a)(1) and 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new grounds of rejection is made in view of WECHSELBERGER et al. wherein the shield previously identified as element 1254 is currently identified as the rotable shield of the fastener driving tool and the fixed element supporting ramp surfaces 1278 is identified as the non-rotable shield configured as claimed..
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 (i.e., changing from AIA to pre-AIA ) 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.
Claims 1-3, 8-15, 17-19 and 21 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by WECHSELBERGER et al. (US 2020/0164498).
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Diagram I
In reference to claim 1, WECHSELBERGER et al. discloses a lifter assembly (figure 3) comprising: a rotable lifter shaft 1106 extending along a longitudinal axis; an actuator 218 positioned between a first end and a second end (figure 3 & 9A) of the rotable lifter shaft 1106, 2106; a guide 1258 having a plurality of first openings (figure 9A; see Diagram I above); a holder positioned proximal to the guide and actuator 218 and movable by action of the actuator (paragraph [0075]), the holder having a plurality of second openings (see Diagram I above); a return spring 1302, 2302 exerting a force against the holder in a direction parallel to the longitudinal axis of the lifter shaft 1106; a plurality of lifter pins 1238, 2238 in the plurality of second openings and movably positioned along an axis parallel to the longitudinal axis of the lifter shaft (paragraph [0075]); and a non-rotable shield (see Diagram II of figure 8 below) positioned proximal to a second end of the lifter shaft 1106 to cover at least a portion of the plurality of lifter pins 1238, 2238, the non-rotable shield having ramp surfaces 1278 configured to force at least one of the plurality of lifter pins 1238, 2238 to partially retract toward the actuators (paragraph [0075]).
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Diagram II
Regarding claim 2, WECHSELBERGER et al. further discloses a driver 26, having a path of movement that is perpendicular to the lifter longitudinal axis of the lifter shaft 1106 and proximal tot the lifter subassembly (figures 2, 3, 8 and 10).
With respect to claim 3, WECHSELBERGER et al. further discloses the non-rotable shield allowing the plurality of lifter pins 1238, 2238 to move along a surface of the driver between an unblocked position and a blocked position (paragraph [0079-0082]).
In reference to claim 8, WECHSELBERGER et al. discloses a portable fastener driving tool 10 comprising: a pressure chamber containing a pressurized gas (paragraph [0043]); a working cylinder 18 including a piston (paragraph [0043 & 0045]) movable from a first end of the cylinder 18 to a second end of the cylinder 18; a movable driver 26, 1026, 2026 in communication with the movable piston during a drive stroke; a rotable lifter assembly 62 in communication with the movable driver 26, 1026, 2026 during the drive stroke; a motor 42 that provides power to the lifter assembly 62; and a non-rotable shield (see Diagram II of figure 8 above) that is in mechanical communication with the lifter assembly and operable to prevent an interference condition between the movable driver 26, 1026, 2026 and the rotable lifter subassembly (paragraph [0079]).
Regarding claim 9, WECHSELBERGER et al. further discloses a rotable lifter shaft 1106, 2106 extending along a longitudinal axis; an actuator 218 positioned between a first end and a second end (figure 3 & 9A) of the rotable lifter shaft 1106; and an actuator 218 positioned between a first end and a second end (figure 3 & 9A) of the lifter shaft 1106, 2106.
With respect to claim 10, WECHSELERGER et al. further discloses a guide 1258 having a plurality of first openings (figure 9A; see Diagram I above); a holder positioned proximal to the guide and actuator 218 and movable by action of the actuator (paragraph [0075]), the holder having a plurality of second openings (see Diagram I above); a return spring 1302, 2302 exerting a force against the holder in a direction parallel to the longitudinal axis of the lifter shaft 1106; and a plurality of lifter pins 1238, 2238 in the plurality of second openings and movably positioned along an axis parallel to the longitudinal axis of the lifter shaft (paragraph [0075]).
In reference to claim 11, figure 9A of WECHSELBERGER et al. discloses the non-rotable shield having a first side and an opposite second side exhibiting a ramp 1278.
Regarding claim 12, WECHSELBERGER et al. discloses a lifter (figure 3) comprising: a rotable lifter shaft 1106 extending along a longitudinal axis; an actuator 218 positioned between a first end and a second end (figure 3 & 9A) of the rotable lifter shaft 1106, 2106; a guide 1258 having a plurality of first openings (figure 9A; see Diagram I above); a holder positioned proximal to the guide and actuator 218 and movable by action of the actuator (paragraph [0075]), the holder having a plurality of second openings (see Diagram I above); a return spring 1302, 2302 exerting a force against the holder in a direction parallel to the longitudinal axis of the lifter shaft 1106; a plurality of lifter pins 1238, 2238 in the plurality of second openings and movably positioned along an axis parallel to the longitudinal axis of the lifter shaft (paragraph [0075]); and a non-rotable shield (see Diagram II of figure 8 below) positioned proximal to a second end (figure 9A) of the lifter shaft 1106 to cover at least a portion of the plurality of lifter pins 1238, 2238, the shield configured to force at least one of the plurality of lifter pins 1238, 2238 to partially retract toward the actuators (paragraph [0075]).
Regarding claim 13, WECHSELBERGER et al. further discloses a driver 26, 1026 having a path of movement that is perpendicular to the lifter longitudinal axis of the lifter shaft 1106 and proximal to the lifter subassembly (figures 2, 3, 8 and 10); and a plurality of driver protrusions 1094 extending along a longitudinal edge of the driver.
With respect to claim 14, figure 9A of WECHSELBERGER et al. discloses the non-rotable shield having a first side and an opposite second side exhibiting a ramp 1278.
In reference to claim 15, paragraph [0082] of WECHSELBERGER et al. further discloses each of the plurality of lifter pins 1238, 2238 contacting the ramp 1270; the ramp 1270 forces each one of the plurality of lifter pins 1238, 2238 to partially retract as the lifter pins 1238, 2238 contact the ramp 1270 and slide across a surface of the driver 26, 1026 until the lifter pins 1238, 2238 are operable to contact an edge of one of the plurality of driver protrusions 1094 to continue a stroke of the driver 26, 1026.
Regarding claim 17, WECHSELBERGER et al. discloses a method comprising: providing a pressure chamber containing a pressurized gas (paragraph [0043]); providing a working cylinder 18 including a piston (paragraph [0043 & 0045]) movable from a first end of the cylinder 18 to a second end of the cylinder 18; providing a movable driver 26, 1026, 2026 in communication with the movable piston during a drive stroke; providing a rotable lifter assembly 62 in communication with the movable driver 26, 1026, 2026 during the drive stroke; providing a motor 42 that provides power to the lifter assembly 62; and a non-rotable shield (see Diagram II of figure 8 below) that is in mechanical communication with the lifter assembly; rotating the lifter assembly 62 during an initial phase of a return stroke (paragraphs [0059], [0063] [0065]) such that the shield forces at least one lifter pin 1238, 2238 to partially retract (paragraph [0082]); and further rotating the lifter assembly 62 until the at least one lifter pin 1238, 2238 makes physical contact with a protrusion 1094 of the moveable driver 26, 1026, 2026 to lift the moveable driver 26, 1026, 2026 (paragraph [0082]).
With respect to claim 18, paragraph [0071] of WECHSELBERGER et al. further discloses the lifter pins 1238, 2238 sliding across a surface of the driver 26, 1026 until the lifter pin 1238, 2238 are operable to contact an edge of one of the plurality of driver protrusions 1094 to continue a stroke of the driver 26, 1026.
In reference to claim 19, paragraphs [0075] & [0081-0082] of WECHSELBERGER et al. further discloses retracting the at least one lifter pin 1238, 2238 so as to prevent contact with the moveable driver 26, 1026.
Regarding claim 21, paragraph [0081-0082] of WECHSELBERGER et al. further discloses fully extending at least one lifter pin to make physical contact with an edge of a protrusion 1094 of the movable driver 26, 1026 so as to lift the movable driver to a “ready” position.
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 (i.e., changing from AIA to pre-AIA ) 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 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.
Claims 4-6, 16 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over WECHSELBERGER et al. (US 2020/0164498) in view of BIERDEMAN et al. (US 2023/0138234).
With respect to claims 4, 16 and 20, WECHSELBERGER et al. discloses a lifter comprising a plurality of lifter pins 1238, 2238 biased by a return spring 1302, 2302 exerting a force against the holder supporting the lifter pins. WECHSELBERGER et al. does not disclose a plurality of lifter pin springs configured to bias the lifter pins as claimed.
BIERDEMAN et al. teaches a portable fastener driving tool comprising: a pressure chamber containing a pressurized gas (paragraph [0116]); a working cylinder 18 including a piston (paragraph [0105]) movable from a first end of the cylinder 18 to a second end of the cylinder 18; a movable driver 26 in communication with the movable piston during a drive stroke; a rotable lifter assembly 66 in communication with the movable driver during the drive stroke; a motor 42 that provides power to the lifter assembly 66; and a plurality of lifter pins 2120 respectively supported within a plurality of openings (figures 67 & 72-73) of a holder 2113, wherein at least one of the plurality of lifter pins 2120A is mechancially biased by a spring 2107 within at least one opening (figure 73) of the holder 2113. It would have been obvious to one having ordinary skill in the art at the time of filing the invention to have modified at least one opening of the holder disclosed by WECHSELBERGER et al. to include a spring since paragraph [0219] of BIERDEMEN et al. states that such a modification would mechanically bias the pin into engagement with the driver for the purpose of effectively aligning the lifter assembly with protrusions of the blade.
It would have been obvious to one having ordinary skill in the art at the time of filing the invention to have further modified the holder of WECHSELBERGER et al. in view of BIERDEMEN et al. to include a plurality of openings of the holder with a spring, since it has been held that mere duplication of essential working parts of a device involves only routine skill in the art. Furthermore, figure 9A discloses a plurality of lifter pins 1238A, 1238B exposed for engagement with the driver blade.
Regarding claim 5, figure 9A of WECHSELBERGER et al. discloses the non-rotable shield (see Diagram II above) having a first side and an opposite second side exhibiting a ramp 1278.
With respect to claim 6,figures 8, 9A and 10 of WECHSELBERGER et al. further discloses the plurality of lifter pins 1238, 2238 spaced-apart in a circular pattern around the holder, such that as the lifter assembly rotates each of the plurality of lifter pins 1238, 2238 contact the ramp 1270 to force each of the plurality of lifter pins to partially retracts and to extend to operably engage a protrusion of the driver (paragraphs [0072] & [0075])
Allowable Subject Matter
Claim 7 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.
The following is a statement of reasons for the indication of allowable subject matter of claim 7: Upon examination, the art considered as a whole, alone or in combination, neither anticipated nor renders obvious the claimed fastener driver lifter assembly comprising a return spring that provides a force against a holder supporting a plurality of lifter pins therein, the holder positioned adjacent to a solenoid actuator between opposing ends of a rotable lifter shaft, the solenoid actuator having a plunger configured to force the holder to move during a lifting stroke of the fastener driver such that a shield covering the plurality of lifter pins are forced to partially retract in a direction towards the actuator.
Related prior art of fastener drivers have been found to provide solenoid actuators that move a fastener feeder; however, fastener driver lifter assemblies are taught to have motor and gear assembly actuators to move a holder of lifter pins arranged similarly to Applicant’s claimed invention. Thus, it is Examiner’s opinion that it would not have been obvious to one having ordinary skill in the art at the time of the invention to combine or modify the prior art in order to arrive at Applicant's invention as claimed.
Conclusion
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 GLORIA R WEEKS whose telephone number is (571)272-4473. The examiner can normally be reached M-F 8am-2pm & 5pm-7pm EST.
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/GLORIA R WEEKS/Primary Examiner, Art Unit 3731
May 29, 2026
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