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 .
This Office Action is in response to the applicant’s response to election filing on 03/18/2026.
Claims 1-20 are pending and examined below.
Election/Restrictions
Upon further consideration, the restriction requirement has been the withdrawn. Therefore, the withdrawn claims not directed to the elected invention are no longer withdrawn from consideration.
In view of the withdrawal of the restriction requirement as to the rejoined inventions, applicant(s) are advised that if any claim presented in a divisional application is anticipated by, or includes all the limitations of, a claim that is allowable in the present application, such claim may be subject to provisional statutory and/or nonstatutory double patenting rejections over the claims of the instant application. Once the restriction requirement is withdrawn, the provisions of 35 U.S.C. 121 are no longer applicable. See In re Ziegler, 443 F.2d 1211, 1215, 170 USPQ 129, 131-32 (CCPA 1971). See also MPEP § 804.01.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 12/17/2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Objections
The claims are objected to because they include reference characters which are not enclosed within parentheses.
Reference characters corresponding to elements recited in the detailed description of the drawings and used in conjunction with the recitation of the same element or group of elements in the claims should be enclosed within parentheses so as to avoid confusion with other numbers or characters which may appear in the claims. See MPEP § 608.01(m).
Regarding claim 3, the phrases “a master wheel I” and “a slave wheel I” should be written as “a master wheel (I)” and “a slave wheel (I)” in order to avoid confusion.
Regarding claim 5, the phrases “the master wheel I” and “the slave wheel I” should be written as “the master wheel (I)” and “the slave wheel (I)” in order to avoid confusion.
Regarding claim 7, the phrases “a master wheel II” and “a slave wheel II” should be written as “a master wheel (II)” and “a slave wheel (II)” in order to avoid confusion.
Regarding claim 8, the phrases “a master wheel IV” and “an elastic element II” should be written as “a master wheel (IV)” and “an elastic element (II)” in order to avoid confusion.
Regarding claim 9, the phrases “a master wheel V”, “a slave wheel V”, and “an elastic element III” should be written as “a master wheel (V)”, “a slave wheel (V)”, and “an elastic element (III)” in order to avoid confusion.
Regarding claim 10, the phrases “the master wheel V” and “the slave wheel V” should be written as “the master wheel (V)” and “the slave wheel (V)” in order to avoid confusion.
Regarding claim 11, the phrases “the master wheel V”, “the slave wheel V”, and “the elastic element III” should be written as “the master wheel (V)”, “the slave wheel (V)”, and “the elastic element (III)” in order to avoid confusion.
Regarding claim 12, the phrases “the master wheel V” and “the elastic element III” should be written as “the master wheel (V)” and “the elastic element (III)” in order to avoid confusion.
Regarding claim 13, the phrases “the master wheel V” and “the slave wheel V” should be written as “the master wheel (V)” and “the slave wheel (V)” in order to avoid confusion.
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 1-19 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 pre-AIA the applicant regards as the invention.
Regarding claim 1 lines 14-15, the phrase “the striker and piston to move upward from the bottom dead center to return in place” renders claim 1 vague and indefinite because it is unclear what is considered “in place”. Prior to the quoted phrase, the striker is disclosed to be movable from a top dead center to a bottom dead center. The claim does not disclose what position is considered the “in place” position. For examining purposes, the phrase is interpreted as “the striker and piston to move upward from the bottom dead center to return to the top dead center.
Regarding claim 1 line 23, the phrase “the striker and piston to move upward from the bottom dead center to return in place” also renders claim 1 vague and indefinite because it is unclear what is considered “in place”. Prior to the quoted phrase, the striker is disclosed to be movable from a top dead center to a bottom dead center. The claim does not disclose what position is considered the “in place” position. For examining purposes, the phrase is interpreted as “the striker and piston to move upward from the bottom dead center to return to the top dead center.
Claims 2, 14-15, and 18 are dependent of claim 1 and include all the same limitation.
Regarding claim 3 line 2, the phrase “a master wheel I” renders claim 3 vague and indefinite because it is unclear what is implied by the phrase. A master wheel is understood as a wheel that is configured to drive another wheel. It is unclear what additional limitations are implied by the phrase “master wheel I”. For examining purposes, the “I” is interpreted as a reference character and the phrase is interpreted as “a master wheel (I)”.
Regarding claim 3 line 3, the phrase “a slave wheel I” also renders claim 3 vague and indefinite because it is unclear what is implied by the phrase. A slave wheel is understood to be a wheel that is configured to be driven by another wheel. It is unclear what additional limitations are implied by the phrase “slave wheel I”. For examining purposes, the “I” is interpreted as a reference character and the phrase is interpreted as “a slave wheel (I)”.
Claims 4-5 are dependent of claim 3 and include all the same limitations.
Regarding claim 6, the phrase “wherein the fastener driving tool comprises a locating rod … slot; and/or, the output shaft and the rotary shaft are concentrically arranged” renders claim 6 vague and indefinite because it is unclear how the choice is applied to the claim. The phrase “and/or” implies a choice of including the following feature or substituting with the following feature. For example, the phrase “A and/or B” implies “A and B” or “A or B”. It is unclear how the feature flowing the phrase “and/or” is being added or considered a substation. In other words, it is unclear what choice is being made. For examining purposes, the phrase is interpreted as “wherein: the fastener driving tool further comprises a locating rod … slot; and/or the output shaft and the rotary shaft are concentrically arranged”.
Regarding claim 7 line 2, the phrase “a master wheel II” renders claim 7 vague and indefinite because it is unclear what is implied by the phrase. A master wheel is understood as a wheel that is configured to drive another wheel. It is unclear what additional limitations are implied by the phrase “master wheel II”. For examining purposes, the “II” is interpreted as a reference character and the phrase is interpreted as “a master wheel (II)”.
Regarding claim 7 line 3, the phrase “a slave wheel II” also renders claim 7 vague and indefinite because it is unclear what is implied by the phrase. A slave wheel is understood to be a wheel that is configured to be driven by another wheel. It is unclear what additional limitations are implied by the phrase “slave wheel II”. For examining purposes, the “II” is interpreted as a reference character and the phrase is interpreted as “a slave wheel (II)”.
Regarding claim 8 line 2, the phrase “a master wheel IV” renders claim 8 vague and indefinite because it is unclear what is implied by the phrase. A master wheel is understood as a wheel that is configured to drive another wheel. It is unclear what additional limitations are implied by the phrase “master wheel IV”. For examining purposes, the “IV” is interpreted as a reference character and the phrase is interpreted as “a master wheel (IV)”.
Regarding claim 8 line 6, the phrase “an elastic element II” also renders claim 8 vague and indefinite because it is unclear what is implied by the phrase. An elastic element is understood to be an object that is capable of recovering size and shape after deformation. It is unclear what additional limitations are implied by the phrase “elastic element II”. For examining purposes, the “II” is interpreted as a reference character and the phrase is interpreted as “an elastic element (II)”.
Regarding claim 8, the claim is generally narrative and indefinite, failing to conform with current U.S. practice. They appear to be a literal translation into English from a foreign document and are replete with grammatical and idiomatic errors. For example, it is unclear what features are part of the comprising list and what features are further limiting the a previously disclosed feature. For examining purposes, claim 8 is interpreted as follows:
The fastener driving tool according to claim 1, wherein the transmission construction comprises:
a master wheel (IV) actuated to rotate by the output shaft;
a transmission member radially movably arranged on the master wheel (IV);
a clutch carrier arranged between the master wheel (IV) and the drive wheel;
a transmission slot provided on the drive wheel; and
an elastic element (II) biasing the transmission member towards the transmission slot,
wherein the transmission member, biased by the elastic element (II), is inserted in the transmission slot to dispose the transmission construction in the engaged state,
wherein a bump is provided on the clutch carrier,
wherein the bump allows for the transmission member to overcome a biasing force imposed by the elastic element (II) to migrate out of the transmission slot,
wherein the transmission member migrates out of the transmission slot to dispose the transmission construction in the disengaged state,
wherein the bump has an abutting surface,
wherein the transmission member, abutting against the abutting surface, overcomes the biasing force imposed by the elastic element (II) to move in a direction of migrating out of the transmission slot, and
wherein the transmission member, migrating from the bump, is biased by the elastic element (II) to be re-inserted into the transmission slot.
Regarding claim 9 line 2, the phrase “a master wheel V” renders claim 9 vague and indefinite because it is unclear what is implied by the phrase. A master wheel is understood as a wheel that is configured to drive another wheel. It is unclear what additional limitations are implied by the phrase “master wheel V”. For examining purposes, the “V” is interpreted as a reference character and the phrase is interpreted as “a master wheel (V)”.
Regarding claim 9 line 3, the phrase “a slave wheel V” also renders claim 9 vague and indefinite because it is unclear what is implied by the phrase. A slave wheel is understood to be a wheel that is configured to be driven by another wheel. It is unclear what additional limitations are implied by the phrase “slave wheel V”. For examining purposes, the “V” is interpreted as a reference character and the phrase is interpreted as “a slave wheel (V)”.
Regarding claim 9 line 4, the phrase “an elastic element III” also renders claim 9 vague and indefinite because it is unclear what is implied by the phrase. An elastic element is understood to be an object that is capable of recovering size and shape after deformation. It is unclear what additional limitations are implied by the phrase “elastic element III”. For examining purposes, the “III” is interpreted as a reference character and the phrase is interpreted as “an elastic element (III)”.
Regarding claim 9, the claim is generally narrative and indefinite, failing to conform with current U.S. practice. They appear to be a literal translation into English from a foreign document and are replete with grammatical and idiomatic errors. For example, it is unclear what features are part of the comprising list and what features are further limiting the a previously disclosed feature. For examining purposes, claim 9 is interpreted as follows:
The fastener driving tool according to claim 1, wherein the transmission construction comprises:
a master wheel (V) actuated to rotate by the output shaft;
a slave wheel (V) rotating synchronously with the drive wheel;
an elastic element (III) biasing the master wheel (V) towards the slave wheel (V);
a deflecting fork fitted with the master wheel (V); and
a driving block configured to drive the deflecting fork to slide axially,
wherein the master wheel (V), biased by the elastic element (III), is fitted with the slave wheel (V) to dispose the transmission construction in the engaged state, and
wherein the driving block, rotating with the output shaft, drives, via the deflecting fork, the master wheel (V) to overcome a biasing force imposed by the elastic element (III) to migrate from the slave wheel (V) so that the transmission construction is disposed in the disengaged state.
Claims 10-12 are dependent of claim 9 and include all the same limitations.
Regarding claim 13, the phrase “wherein snap teeth and snap-in recesses … disengaged; and/or an annular groove” renders claim 13 vague and indefinite because it is unclear how the choice is applied to the claim. The phrase “and/or” implies a choice of including the following feature or substituting with the following feature. For example, the phrase “A and/or B” implies “A and B” or “A or B”. It is unclear how the feature flowing the phrase “and/or” is being added or considered a substation. In other words, it is unclear what choice is being made. For examining purposes, the phrase is interpreted as “wherein: a plurality of snap teeth and a plurality of snap-in recesses … disengaged; and/or an annular groove”.
Regarding claim 16, the claim is generally narrative and indefinite, failing to conform with current U.S. practice. They appear to be a literal translation into English from a foreign document and are replete with grammatical and idiomatic errors. For example, it is unclear what features are part of the comprising list and what features are further limiting the a previously disclosed feature. For examining purposes, claim 16 is interpreted as follows:
The fastener driving tool according to claim 15, wherein an outer peripheral surface of the unlocking member comprises:
an arc-shaped surface and an avoidance surface disposed between two ends of the arc-shaped surface,
wherein a center of the arc-shaped surface coinciding with a rotational centerline of the unlocking member,
wherein the arc-shaped surface has a radius R,
wherein a distance between the avoidance surface and the rotational centerline of the unlocking member being less than R,
wherein the unlocking member, when rotating, drives, via abutment between the arc-shaped surface and the latch, the latch to switch to the unlocked state,
wherein the latch is retained in the unlocked state; and
wherein the unlocking member, when rotating, releases, via the avoidance surface, the latch to allow for the latch to return to the locked state;
bulge protruding outward arranged in a peripheral direction of the unlocking member,
wherein the unlocking member, when rotating, drives, via abutment between the bulge and the latch, the latch to switch from the locked state to the unlocked state, and
wherein the unlocking member, when rotating, drives the bulge to migrate from the latch to thereby release the latch; or
a protrusion arranged on an end surface of the unlocking member,
wherein the unlocking member, when rotating, drives, via abutment between the protrusion and the latch, the latch to switch from the locked state to the unlocked state, and
wherein the unlocking member, when rotating, allows for the protrusion to migrate from the latch to thereby release the latch.
Regarding claim 17, the phrase “wherein the fastener driving tool further comprises a locking switch … locked state; and/or, the striker has a ready position” renders claim 17 vague and indefinite because it is unclear how the choice is applied to the claim. The phrase “and/or” implies a choice of including the following feature or substituting with the following feature. For example, the phrase “A and/or B” implies “A and B” or “A or B”. It is unclear how the feature flowing the phrase “and/or” is being added or considered a substation. In other words, it is unclear what choice is being made. For examining purposes, the phrase is interpreted as “wherein: the fastener driving tool further comprises a locking switch … locked state: and/or the striker has a ready position”.
Regarding claim 19, the phrase “wherein the fastener driving tool further comprises a magnetic sensor … magnet, and/or, the fastener driving tool further comprises a safety switch” renders claim 19 vague and indefinite because it is unclear how the choice is applied to the claim. The phrase “and/or” implies a choice of including the following feature or substituting with the following feature. For example, the phrase “A and/or B” implies “A and B” or “A or B”. It is unclear how the feature flowing the phrase “and/or” is being added or considered a substation. In other words, it is unclear what choice is being made. For examining purposes, the phrase is interpreted as “wherein the fastener driving tool further comprises: a magnetic sensor … magnet; and/or a safety switch”.
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 20 is rejected under 35 U.S.C. 103 as being unpatentable over reference Liu et al. (2023/0398670) in view of reference Pomeroy et al. (11,850,714).
Regarding claim 20, Liu et al. disclose a nail gun comprising:
a housing (1, 2, 3),
wherein the housing (1, 2, 3) being provided with a handle (12);
an energy accumulation assembly (21) arranged in the housing (1, 2, 3),
wherein the energy accumulation assembly (21) comprises:
a cylinder construction (211); and
a piston (31),
wherein the cylinder construction (211) has an energy accumulation chamber (210),
wherein the piston (31) is movably disposed in the cylinder construction (211), and
wherein the piston (31) moves to induce volume change of the energy accumulation chamber (210);
a striker (32) connected to the piston (31),
wherein the striker (32) and the piston (31) have a top dead center position (Figure 6) and a bottom dead center position (Figure 9),
wherein the striker (32) is driven by the piston (31) to move downward from the top dead center position (Figure 6) to the bottom dead center position (Figure 9);
a drive assembly (6, 72) comprising:
an electric motor (6); and
a movable member (72),
wherein the electric motor (6) drives the movable member (72) to move back and forth between the top dead center position (Figure 6) and the bottom dead center position (Figure 9);
a locking assembly (8),
wherein the locking assembly (8) has a locking state, in which the locking assembly (8) and the striker (32) are fitted to lock the striker to the top dead center position (Figure 6), and an unlocked state, in which the locking assembly (8) migrates from the striker (32);
a transmission fit construction (722) is arranged between the movable member (72) and the striker (32),
wherein the transmission fit construction (722) is engageable and dis-engageable with the striker (32),
wherein movable member (72), when moving upwards, drives, via the transmission fit construction (722), the striker (32) and the piston (31) to move upwards from the bottom dead center position (Figure 9) to the top dead center position (Figure 6) so that the piston (31) compresses an energy accumulation medium in the energy accumulation chamber (210) to accumulate energy.
(Figures 4-10 and Page 2 paragraph 27, 29, 30, Page 3 paragraph 33, 35, 36, 40, Page 4 paragraph 42)
However, Liu et al. do not disclose a fit release construction arranged between the movable member and the locking assembly.
Pomeroy et al. disclose a nail gun (10) comprising:
a piston (62);
a striker (34),
wherein the striker (34) and the piston (62) have a top dead center position (Figure 2) and a bottom dead center position, and
wherein the striker (34) is driven by the piston (62) to move downward from the top dead center position (Figure 2) to the bottom dead center position;
an electric motor (46);
a movable member (86) driven by the electric motor (46);
a locking assembly (see figure 4 below),
wherein the locking assembly (see figure 4 below) has a locking state, in which the locking assembly (see figure 4 below) and the striker (34) are fitted to lock the striker to the top dead center position (Figure 2), and an unlocked state, in which the locking assembly (see figure 4 below) migrates from the striker (34); and
a fit release construction (see figure 4 below) arranged between the movable member (86) and the locking assembly (see figure 4 below),
wherein the fit release construction (see figure 4 below) drives the locking assembly (see figure 4 below) to switch from the locked state to the unlocked state.
(Figures 3, 4 and Column 3 lines 50-64, Column 4 lines 40-52)
It would have been obvious to the person of ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to have modified the nail gun of Liu et al. by incorporating the fit release construction as taught by Pomeroy et al., since column 5 lines 14-17 and column 7 lines 21-25 of Pomeroy et al. states such a modification would ensure the locking assembly remains in the locked state while the striker and piston move to the top dead center position.
[AltContent: arrow][AltContent: textbox (Fit Release Construction)][AltContent: arrow][AltContent: textbox (Locking Assembly)][AltContent: textbox (Pomeroy et al.)]
PNG
media_image1.png
586
500
media_image1.png
Greyscale
Allowable Subject Matter
Claims 1-19 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PATRICK B FRY whose telephone number is (571)272-0396. The examiner can normally be reached on Mon-Thur 7am-4pm.
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, 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.
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.
/PATRICK B FRY/Examiner, Art Unit 3731 May 12, 2026
/SHELLEY M SELF/Supervisory Patent Examiner, Art Unit 3731
Prosecution Insights