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 filing on 01/15/2025.
Claims 1-19 are pending and examined below.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 01/15/2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Priority
Acknowledgement is made of applicant's claim for foreign priority based on an application filed in CN on 01/29/2024 and 05/05/2023. It is noted, however, that applicant has not filed a certified copy of the CN 202310501529 and CN 202410123126 application as required by 37 CFR 1.55.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the ventilation portion as stated in claim 8 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claim 16 is objected to because of the following informalities. Appropriate correction is required.
Regarding claim 16, the phrase “movably connected to the first end cap portion. the first” appears to be a typographical error and should be written as “movably connected to the first end cap portion, the first”.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
“a transmission assembly configured to drive the second piston” as stated in claim 1, the structure disclosed as a gearset (141), a crank (142), and a connecting rod (143) in paragraph 47; and
“a transmission assembly configured to drive the second piston” as stated in claim 16, the structure disclosed as a gearset (141), a crank (142), and a connecting rod (143) in paragraph 47.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 1-15 and 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, the phrase “end cap comprises a first end cap portion connected to the housing and comprising a support portion” renders claim 1 vague and indefinite because it is unclear what feature comprises the following features. It is unclear if the end cap, the first end cap portion, or the housing is considered to comprise the support portion. For examining purposes, the phrase is interpreted as “end cap comprises a first end cap portion connected to the housing; a support portion support portion for supporting the transmission assembly; and a second end cap”.
Regarding claim 1, the phrase “the second end cap portion is connected to the first opening” also renders claim 1 vague and indefinite because it is unclear how the second end cap portion is connected to an opening. An “opening” is understood to be an aperture, hole, or gap. It is unclear how the send end cap portion is connected to a hole or aperture. For examining purposes, the phase is interpreted as “the second end cap portion is connected to the first end cap portion adjacent to the first opening”.
Claims 2-8, 10-11, and 13 are dependent of claim 1, and are also rejected for be dependent of a rejected claim.
Regarding claim 9, the phrase “a depth adjustment device configured to adjust a stroke length of the first piston and comprising a buffer” renders claim 9 vague and indefinite because it is unclear what feature comprises the following features. It is unclear if the depth adjustment device or the first piston is considered to comprise the buffer. For examining purposes, the phrase is interpreted as “a depth adjustment device configured to adjust a stroke length of the first piston, and wherein the depth adjustment device comprises a buffer”.
Regarding claim 12, the phrase “from top to bottom” renders claim 12 vague and indefinite because it is unclear what is considered top and bottom. Claim 12 is dependent of claim 1, and claim 1 does not disclose what is consider the top, what is consider the bottom, or what is consider a direction from top to bottom. For examining purpose, the phrase is interpreted as “along a straight line”.
Regarding claim 14, the phrase “in an up and down direction” renders claim 14 vague and indefinite because it is unclear what is considered up and down. Claim 14 is dependent of claim 1, and claim 1 does not disclose what is consider the up, what is consider the down, or what is consider an up and down direction. For examining purpose, the phrase is interpreted as “in a first direction”.
Regarding claim 15, the phrase “in a left and right direction” renders claim 15 vague and indefinite because it is unclear what is considered left and right. Claim 15 is dependent of claim 1, and claim 1 does not disclose what is consider the left, what is consider the right, or what is consider a left and right direction. For examining purpose, the phrase is interpreted as “in a second direction”.
Regarding claim 19, the phrase “from top to bottom” renders claim 19 vague and indefinite because it is unclear what is considered top and bottom. Claim 19 is dependent of claim 16, and claim 16 does not disclose what is consider the top, what is consider the bottom, or what is consider a direction from top to bottom. For examining purpose, the phrase is interpreted as “along a straight line”.
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.
Claims 1-8, 10, and 12-19 are rejected under 35 U.S.C. 103 as being unpatentable over reference Fukinuki (CN 108656026) in view of reference Pomeroy et al. (10,632,600).
Regarding claim 1, Fukinuki discloses a nail gun (100) comprising:
a firing assembly comprising:
a firing pin (305) configured to strike a fastener; and
a first piston (322) for mounting the firing pin (305);
a cylinder assembly comprising:
a second piston (312);
a cylinder (31, 32) that forms a chamber (313, 323) configured to accommodate the first piston (322) and the second piston (312); and
an end cap (34) connected to the front end of the cylinder (31, 32);
a housing (101) configured to support the cylinder assembly;
a motor (102) disposed in the housing (101); and
a transmission assembly (104) configured to drive the second piston (312) to move in the cylinder (31, 32).
(Figures 1-2, 5 and Page 2 paragraphs 17, 19, Page 3 paragraph 1, Page 5 paragraph 6, Page 6 paragraph 1, 3)
The drive device (104) of Fukinuki is interpreted as an equivalent structure to the transmission assembly because, on page 3 paragraph 1 of Fukinuki, the drive device (104) is disclosed to comprise a reduction assembly and a crank linkage assembly, wherein the drive device is configured to drive the second piston.
However, Fukinuki does not disclose the end cap comprising a first end cap portion and a second end cap portion.
Pimeroy et al. disclose a nail gun (10) comprising:
a firing assembly comprising:
a firing pin (38) configured to strike a fastener; and
a piston (36) for mounting the firing pin (38);
a cylinder assembly (30, 86, 138) comprising:
a cylinder (86) that forms a chamber (88) configured to accommodate the piston (36); and
an end cap (30, 138) connected to the front end of the cylinder (86);
a housing (66) configured to support the cylinder assembly;
a motor (50) disposed in the housing (66); and
a transmission assembly (48, 51) configured to drive the piston (36) to move in the cylinder (86),
wherein the end cap (30, 138) comprises:
a first end cap portion (138) connected to the housing (66); and
a support portion (26) for supporting the transmission assembly (48, 51);
a second end cap portion (30) movably connected to the first end cap portion (138),
wherein the first end cap portion (138) is provided with a first opening (160),
wherein the second end cap portion (30) is connected to the first end cap portion (138) adjacent to the first opening (160); and
wherein the first opening (160) is exposed to allow the firing assembly to be to be disengaged from the cylinder assembly (30, 86, 138) when at least part of the second end cap portion (30) moves away from the first end cap portion (138).
(Figures 2, 3 and Column 2 lines 55-66, Column 3 lines 10-15, Column 3 lines 66-67 through Column 4 lines 1-5, Column 4 lines 56-58, Column 5 lines 25-27, Column 6 lines 3-7)
The transmission assembly (48, 51) of Pimeroy et al. is interpreted as an equivalent structure to the transmission assembly because the transmission assembly (48, 51) of Pimeroy et al. comprises a transmission (51) and a lifting assembly (48), wherein the transmission assembly (48, 51) of Pimeroy et al. is configured to drive a piston.
When the second end cap portion (138) is disconnected from the first end cap portion (30) as shown in Figure 3 of Pimeroy et al., the firing pin (38) is show to be extend through the first opening (160) and be disengaged from the cylinder assembly (30, 86, 138). Since the firing pin is part of the firing assembly, Pimeroy et al. is interpreted to disclose the first opening is configured to be exposed to allow the firing assembly to be disengaged from the cylinder assembly.
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 nail gun of Fukinuki by incorporating the first end cap portion and the second end cap portion as taught by Pimeroy et al., since column 10 lines 20-24 of Pimeroy et al. states such a modification would allow the user to disconnect and replace components of the nail gun.
Regarding claim 2, Fukinuki modified by Pimeroy et al. disclose a connector (Pimeroy et al. – 182) for detachably connecting the second end cap portion (Pimeroy et al. – 30) to the first end cap portion (Pimeroy et al. – 138). (Pimeroy et al. – Column 6 lines 19-24)
Regarding claim 3, Fukinuki modified by Pimeroy et al. disclose a nail holder (Fukinuki – see figure 2 below) for guiding the firing pin (Fukinuki – 305) to move along a first straight line, wherein the second end cap portion (Pimeroy et al. – 30) supports at least part of the nail holder (Fukinuki – see figure 2 below), and wherein the nail holder (Fukinuki – see figure 2 below) moves away from the first end cap portion (Pimeroy et al. – 138) along with the at least part of the second end cap portion (Pimeroy et al. – 30) when the at least part of the second end cap portion (Pimeroy et al. – 30) moves away from the first end cap portion (Pimeroy et al. – 138). (Pimeroy et al. – Figures 2-3 and Column 2 lines 52-55, 63-66)
[AltContent: arrow][AltContent: textbox (Magazine)][AltContent: arrow][AltContent: textbox (Nail Holder)][AltContent: textbox (Fukinuki)]
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Regarding claim 4, Fukinuki modified by Pimeroy et al. disclose a magazine (Fukinuki – see figure 2 above) for accommodating the fastener, wherein the magazine (Fukinuki – see figure 2 above) supports at least part of the nail holder (Fukinuki – see figure 2 above), and the magazine (Fukinuki – see figure 2 above) moves away from the first end cap portion (Pimeroy et al. – 138) along with the at least part of the second end cap portion (Pimeroy et al. – 30) when the at least part of the second end cap portion (Pimeroy et al. – 30) moves away from the first end cap portion (Pimeroy et al. – 138). (Pimeroy et al. – Figures 2-3 and Column 2 lines 52-55, 63-66)
Regarding claim 5, Fukinuki modified by Pimeroy et al. disclose the firing pin (Fukinuki – 305) moves along a first straight line (Fukinuki – 320), wherein a cross second of the first opening (Pimeroy et al. – 160) is basically circular, wherein a cross section of the first piston (Fukinuki – 322) is basically circular, and wherein a center of the cross section of the first piston (Fukinuki – 322) and a center of the cross section of the first opening (Pimeroy et al. – 160) are basically located on the first straight line (Fukinuki – 320). (Fukinuki – Figure 5 and Page 6 paragraph 1) (Pimeroy et al. – Figures 3, 6)
Regarding claim 6, Fukinuki modified by Pimeroy et al. disclose the second end cap portion (Pimeroy et al. – 30) is provided with a second opening (Pimeroy et al. – 160b), wherein a cross section of the second opening (Pimeroy et al. – 160b) is basically circular, and wherein a center of the cross section of the second opening (Pimeroy et al. – 160b) is basically located on the first straight line (Fukinuki – 320). (Pimeroy et al. – Figure 6 and Column 6 lines 5-7)
Regarding claim 7, Fukinuki modified by Pimeroy et al. disclose the chamber (Fukinuki – 313, 323) comprises: a first chamber (Fukinuki – 323) for the first piston (Fukinuki – 322) to reciprocate in; and a second chamber (Fukinuki – 313) for the second piston (Fukinuki – 312) to reciprocate in. (Fukinuki – Figure 5 and Page 5 paragraph 6, Page 6 paragraph 1)
Regarding claim 8, Fukinuki modified by Pimeroy et al. disclose the end cap portion (Fukinuki – 34) comprises a ventilation portion (Fukinuki – 341), wherein the first chamber (Fukinuki – 323), the ventilation portion (Fukinuki – 341), and the second chamber (Fukinuki – 313) communicate in sequence so that at least part of the air in the first chamber (Fukinuki – 323) flows towards the second chamber (Fukinuki – 313) when the first piston (Fukinuki – 322) moves towards the end cap (Fukinuki – 34). (Fukinuki – Figure 5 and Page 6 paragraph 3)
Regarding claim 10, Fukinuki modified by Pimeroy et al. disclose the first end cap portion (Pimeroy et al. – 138) comprises a first ventilation portion (Pimeroy et al. – 162), wherein the second end cap portion (Pimeroy et al. – 30) comprises a second ventilation portion (Pimeroy et al. – 162b), and wherein the first ventilation portion (Pimeroy et al. – 162) and the second ventilation portion (Pimeroy et al. – 162b) jointly constitute the ventilation portion (Fukinuki – 341). (Pimeroy et al. – Column 7-11)
Regarding claim 12, Fukinuki modified by Pimeroy et al. disclose at least part of the second end cap portion (Pimeroy et al. – 30), at least part of the first end cap portion (Pimeroy et al. – 138), and at least part of the transmission assembly (Fukinuki – 104) are arranged in sequence along a straight line. (Fukinuki – Figure 2) (Pimeroy et al. – Figure 6)
Regarding claim 13, Fukinuki modified by Pimeroy et al. disclose the first end cap portion (Pimeroy et al. – 138) comprises a first accommodation portion (see figure 3 below) for accommodating at least part of the transmission assembly (Fukinuki – 104). (Pimeroy et al. – Figures 3, 6)
[AltContent: textbox (First Accommodation Portion)][AltContent: arrow][AltContent: arrow][AltContent: textbox (Pimeroy et al.)]
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Regarding claim 14, Fukinuki modified by Pimeroy et al. disclose the claimed invention as stated above but do not disclose the maximum dimension of the second end cap portion in a first direction is less than a maximum dimension of the first end cap portion in the first direction.
It would have been obvious to the person of ordinary skill in the art to have a maximum of the dimension of the second end cap portion be less than a maximum dimension of the first end cap portion, since it has been held that mere scaling of a prior art process capable of being scaled up or down involves only routine skill in the art. [MPEP 2144.04 (IV)]
On page 13 paragraph 52 of the Specification, the second end cap portion is disclosed to have a maximum dimension in the up down direction that is less than a maximum dimension in the up down direction of the first end cap portion. The Specification as originally filed does not disclose any criticality for the claimed feature. Therefore, it would have been prima facie obvious to modify Fukinuki and Pimeroy et al. to obtain the invention as specified in claim 14 because such a modification would have been considered a mere design consideration which fails to patentably distinguish over the prior art.
Regarding claim 15, Fukinuki modified by Pimeroy et al. disclose the claimed invention as stated above but do not disclose the maximum dimension of the second end cap portion in a second direction is less than a maximum dimension of the first end cap portion in the second direction.
It would have been obvious to the person of ordinary skill in the art to have a maximum of the dimension of the second end cap portion be less than a maximum dimension of the first end cap portion, since it has been held that mere scaling of a prior art process capable of being scaled up or down involves only routine skill in the art. [MPEP 2144.04 (IV)]
On page 13 paragraph 52 of the Specification, the second end cap portion is disclosed to have a maximum dimension in the left right direction that is less than a maximum dimension in the up down direction of the first end cap portion. The Specification as originally filed does not disclose any criticality for the claimed feature. Therefore, it would have been prima facie obvious to modify Fukinuki and Pimeroy et al. to obtain the invention as specified in claim 15 because such a modification would have been considered a mere design consideration which fails to patentably distinguish over the prior art.
Regarding claim 16, Fukinuki discloses a nail gun (100) comprising:
a firing assembly comprising:
a firing pin (305) configured to strike a fastener; and
a first piston (322) for mounting the firing pin (305);
a cylinder assembly comprising:
a second piston (312);
a cylinder (31, 32) that forms a chamber (313, 323) configured to accommodate the first piston (322) and the second piston (312); and
an end cap (34) connected to the front end of the cylinder (31, 32); and
a transmission assembly (104) configured to drive the second piston (312) to move in the cylinder (31, 32).
(Figures 1-2, 5 and Page 2 paragraphs 17, 19, Page 3 paragraph 1, Page 5 paragraph 6, Page 6 paragraph 1, 3)
The drive device (104) of Fukinuki is interpreted as an equivalent structure to the transmission assembly because, on page 3 paragraph 1 of Fukinuki, the drive device (104) is disclosed to comprise a reduction assembly and a crank linkage assembly, wherein the drive device is configured to drive the second piston.
However, Fukinuki does not disclose the end cap comprising a first end cap portion and a second end cap portion.
Pimeroy et al. disclose a nail gun (10) comprising:
a firing assembly comprising:
a firing pin (38) configured to strike a fastener; and
a piston (36) for mounting the firing pin (38);
a cylinder assembly (30, 86, 138) comprising:
a cylinder (86) that forms a chamber (88) configured to accommodate the piston (36); and
an end cap (30, 138) connected to the front end of the cylinder (86);
a transmission assembly (48, 51) configured to drive the piston (36) to move in the cylinder (86),
wherein the end cap (30, 138) comprises:
a first end cap portion (138) connected to the housing (66); and
a support portion (26) for supporting the transmission assembly (48, 51);
a second end cap portion (30) movably connected to the first end cap portion (138),
wherein the first end cap portion (138) is provided with a first opening (160),
wherein the second end cap portion (30) is connected to the first end cap portion (138) adjacent to the first opening (160); and
wherein the first opening (160) is exposed to allow the firing assembly to be to be disengaged from the cylinder assembly (30, 86, 138) when at least part of the second end cap portion (30) moves away from the first end cap portion (138).
(Figures 2, 3 and Column 2 lines 55-66, Column 3 lines 10-15, Column 3 lines 66-67 through Column 4 lines 1-5, Column 4 lines 56-58, Column 5 lines 25-27, Column 6 lines 3-7)
The transmission assembly (48, 51) of Pimeroy et al. is interpreted as an equivalent structure to the transmission assembly because the transmission assembly (48, 51) of Pimeroy et al. comprises a transmission (51) and a lifting assembly (48), wherein the transmission assembly (48, 51) of Pimeroy et al. is configured to drive a piston.
When the second end cap portion (138) is disconnected from the first end cap portion (30) as shown in Figure 3 of Pimeroy et al., the firing pin (38) is show to be extend through the first opening (160) and be disengaged from the cylinder assembly (30, 86, 138). Since the firing pin is part of the firing assembly, Pimeroy et al. is interpreted to disclose the first opening is configured to be exposed to allow the firing assembly to be disengaged from the cylinder assembly.
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 nail gun of Fukinuki by incorporating the first end cap portion and the second end cap portion as taught by Pimeroy et al., since column 10 lines 20-24 of Pimeroy et al. states such a modification would allow the user to disconnect and replace components of the nail gun.
Regarding claim 17, Fukinuki modified by Pimeroy et al. disclose a connector (Pimeroy et al. – 182) for detachably connecting the second end cap portion (Pimeroy et al. – 30) to the first end cap portion (Pimeroy et al. – 138). (Pimeroy et al. – Column 6 lines 19-24)
Regarding claim 18, Fukinuki modified by Pimeroy et al. disclose a nail holder (Fukinuki – see figure 2 below) for guiding the firing pin (Fukinuki – 305) to move along a first straight line, wherein the second end cap portion (Pimeroy et al. – 30) supports at least part of the nail holder (Fukinuki – see figure 2 above), and wherein the nail holder (Fukinuki – see figure 2 above) moves away from the first end cap portion (Pimeroy et al. – 138) along with the at least part of the second end cap portion (Pimeroy et al. – 30) when the at least part of the second end cap portion (Pimeroy et al. – 30) moves away from the first end cap portion (Pimeroy et al. – 138). (Pimeroy et al. – Figures 2-3 and Column 2 lines 52-55, 63-66)
Regarding claim 19, Fukinuki modified by Pimeroy et al. disclose at least part of the second end cap portion (Pimeroy et al. – 30), at least part of the first end cap portion (Pimeroy et al. – 138), and at least part of the transmission assembly (Fukinuki – 104) are arranged in sequence along a straight line. (Fukinuki – Figure 2) (Pimeroy et al. – Figure 6)
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over reference Fukinuki (CN 108656026) in view of reference Pomeroy et al. (10,632,600) as applied to claim 7 above, and further in view of reference Tanji (2012/0160889).
Regarding claim 9, Fukinuki modified by Pimeroy et al. disclose the claimed invention as stated above but do not disclose depth adjustment device.
Tanji discloses a nail gun comprising: a chamber (110); a piston (120) situated within the chamber (110); and a depth adjustment device (140, 150, 510), the depth adjustment device (140, 150, 510) is configured to adjust a stroke length of the piston (120), wherein the depth adjustment device (140, 150, 510) comprises: a buffer (140, 150) and an operating member (510), and wherein the buffer (140, 150) moves along an axial direction of the chamber (110) when the operating member (510) is rotated. (Figure 2, 3, 4 and Page 1 paragraph 22, Page 2 paragraph 24, Page 3 paragraph 42, Page 4 paragraph 54)
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 Fukinuki by incorporating the depth adjustment device of Tanji, since page 1 paragraph 6 of Tanji states such a modification would help improve the durability of the piston bumper while enabling the operator to easily adjust the fastener driving depth.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over reference Fukinuki (CN 108656026) in view of reference Pomeroy et al. (10,632,600) as applied to claim 1 above, and further in view of reference Hubbard (3,056,226).
Regarding claim 11, Fukinuki modified by Pimeroy et al. disclose the claimed invention as stated above but do not disclose the firing pin comprises a detachable firing pin head.
Hubbard disclose a firing pin (1) comprising: a firing pin body (2); and a firing pin head (3), wherein the firing pin head (3) is located at an end of the firing pin body, and wherein the firing pin head (3) is detachably connected to the firing pin body (2). (Figure 1 and Column 4 lines 20-26)
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 firing pin of Fukinuki by incorporating the firing pin body and firing pin head as taught by Hubbard, since column 2 lines 38-41 of Hubbard states such a modification would allow the firing pin body to be made of lighter material and allow replaceability of the firing pin head.
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.
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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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/PATRICK B FRY/Examiner, Art Unit 3731 January 13, 2026
/SHELLEY M SELF/Supervisory Patent Examiner, Art Unit 3731