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 .
Response to Amendment
The amendment filed 01/14/2026 has been entered. Claims 1-22 are pending in the application.
Terminal Disclaimer
The terminal disclaimer filed on 06/17/2025 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of Application No. 18/140042, US-12103152, & US-12134173 has been reviewed and is accepted. The terminal disclaimer has been recorded.
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: “the fill valve extends from the cylinder and into the housing where the handle portion and the cylinder support portion intersect” recited in claims 2, 7, and 16. The housing 50 appears to be transmission housing portion 58 and cylinder support portion 54 but is not clear if housing 58/54 is an inner housing inside a handle and tool housing as shown in the figures and “handle” does not have a reference number in the specification or drawings. Also, “handle” is only mentioned/recited in Background/Summary section of the specification. What is the “handle portion”? Also, it is not clear how the fill valve fills the cylinder “with compressed gas from an external source of compressed gas external to the housing” since there is no way to access the fill valve other than disassembly. Is the power tool required to be taken apart, dissembled, to fill the cylinder “with compressed gas from an external source of compressed gas external to the housing?
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include reference sign(s) and is only mentioned in the Background/Summary section of the description: handle portion. 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. 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 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 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-10 and 13-21 is/are rejected under 35 U.S.C. 103 as obvious over Kondo et al. (US 5720423 A) in view of Hirai et al. (US 6220496 B1) in view of TANJI (JP 2014069289 A) and further in view of Raggl et al. (US 20160144496 A1).
Regarding claims 1 and 15, Kondo et al. discloses a gas spring-powered fastener driver (nailer fig. 1) comprising: a cylinder (11/11a/11b); a moveable piston (12) positioned within the cylinder between a bottom dead center side of the cylinder and a top dead center side of the cylinder (figs. 1-2); a driver blade (15) attached to the piston and moveable therewith along a driving axis between a ready position and a driven position (figs. 1-2);
a lifter (7) configured to move the driver blade (15) from the driven position to the ready position; a housing (1) including a handle portion (1a) configured to be grasped by a user to maneuver the gas spring-powered fastener driver, and a cylinder support portion (10 and/or 1b/1c) within which the cylinder (11/11b) is at least partially positioned; and
a fill valve (air replenishing device 30) in fluid communication with the cylinder (11/11a/11b), wherein the fill valve is configured to fill the cylinder with compressed gas from an external source of compressed gas (air replenishing tank 19) and wherein the fill valve (30) extends from the cylinder (11b/11f) and into the housing (1/1a) and wherein the fill valve (30) extends in a direction transverse (11b/11f) to the driving axis (“extends” is not limited to any particular orientation absent any other structural features such as shape or defined axis/origin, col. 2, lines 48-col. 7, line 67, figs. 1-7).
Kondo et al. fails to explicitly disclose the fill valve extends in a direction transverse to the driving axis, the fill valve is configured to fill the cylinder with compressed gas from an external source of compressed gas external to the housing, wherein the fill valve is positioned closer to the bottom dead center side of the cylinder than the top dead center side of the cylinder, wherein the compressed gas in the cylinder is used in consecutive driving cycles for driving the piston toward the driven position
Hirai et al. teaches a gas spring-powered fastener driver (nailing machine, figs. 1-5, col. 2, lines 54-67, col. 9, lines 1-8) having a fill valve (16/check valve 22) in fluid communication with a piston cylinder (4) that extends from a storage cylinder (2) and wherein the fill valve extends in a direction transverse to the driving axis (piston 8/ drive bit 7) and the fill valve is configured to fill the cylinder with compressed gas from an external source of compressed gas external to the housing (air hose 50 connected to an air compressor), wherein the compressed gas in the cylinder is used in consecutive driving cycles (about 44 nail cycles) for driving the piston toward the driven position (col. 3, line 1-col. 6 line 54, figs. 1-5). Hirai et al. also teaches a second cylinder/gas storage attachable (col. 6, line 55-col. 7, line 24, figs. 6-8).
TANJI teaches a gas spring-powered fastener driver (1, fig. 17) having a fill valve (62) that extends from a cylinder (43) and into a housing (2/2a) and wherein the fill valve (62) extends in a direction transverse (fig. 17) to the driving axis (driver blade 6) and the fill valve is configured to fill the cylinder with compressed gas from an external source of compressed gas external to the housing ([0065-0073, figs. 1 and 17).
Raggl et al. also teaches a gas spring-powered fastener driver (1, fig. 1) having a fill valve (16) that extends from a cylinder (4) and into a housing (15) and wherein the fill valve (16) extends in a direction transverse (fig. 1) to the driving axis (punch 7) and the fill valve is configured to fill the cylinder with compressed gas from an external source of compressed gas (14) external to the housing (“cartridge 14 can be refillable” cartridge 14 is also replaced with external/different cartridge [0015-0019, fig. 1) and teaches having a compressor (17) with a intake valve (21) and bypass valve (23) attached to the cylinder ([0020-0021], fig. 1).
Given the teachings of Kondo et al. to have a fill valve, it 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 to have the fill valve extends in a direction transverse to the driving axis and configured to fill the cylinder with compressed gas from an external source of compressed gas external to the housing wherein the fill valve is positioned closer to the bottom dead center side of the cylinder than the top dead center side of the cylinder for having a lighter tool, easy connection to a gas/air source (replaceable/refillable cartridge or hose to air compressor) and/or for improving usability (replacement of faulty core, enable quick release and etc.) of the valve and improved portability as taught by Hirai et al., TANJI and further taught and evidenced by Raggl et al.
Regarding claim 6, Kondo et al. discloses a gas spring-powered fastener driver (nailer fig. 1) comprising: a cylinder (11/11a/11b); a moveable piston (12) positioned within the cylinder between a bottom dead center side of the cylinder and a top dead center side of the cylinder (figs. 1-2); a driver blade (15) attached to the piston and moveable therewith along a driving axis between a ready position and a driven position (figs. 1-2);
a lifter (7) configured to move the driver blade (15) from the driven position to the ready position (figs. 1-7);
a drive unit including a motor (4) for providing torque to rotate the lifter (7);
a housing (1) including a handle portion (1a) configured to be grasped by a user to maneuver the gas spring-powered fastener driver, a cylinder support portion (10 and/or 1b/1c) within which the cylinder (11/11b) is at least partially positioned; and
a drive unit support portion (1c) within which the drive unit is at least partially positioned; and
a fill valve (air replenishing device 30) in fluid communication with the cylinder, wherein the fill valve is configured to fill the cylinder with compressed gas from a source of compressed gas (air replenishing tank 19), and wherein the fill valve (30) extends from the cylinder (11b/11f) and into the cylinder support portion (1/1a, col. 2, lines 48-col. 7, line 67, figs. 1-7).
Kondo et al. fails to explicitly disclose the fill valve extends in a direction transverse to the driving axis, the fill valve is configured to fill the cylinder with compressed gas from an external source of compressed gas external to the housing, wherein the fill valve is positioned closer to the bottom dead center side of the cylinder than the top dead center side of the cylinder, wherein the compressed gas in the cylinder is used in consecutive driving cycles for driving the piston toward the driven position.
Hirai et al. teaches a gas spring-powered fastener driver (nailing machine, figs. 1-5, col. 2, lines 54-67, col. 9, lines 1-8) having a fill valve (16/check valve 22) in fluid communication with a piston cylinder (4) that extends from a storage cylinder (2) and wherein the fill valve extends in a direction transverse to the driving axis (piston 8/ drive bit 7) and the fill valve is configured to fill the cylinder with compressed gas from an external source of compressed gas external to the housing (air hose 50 connected to an air compressor), wherein the compressed gas in the cylinder is used in consecutive driving cycles (about 44 nail cycles) for driving the piston toward the driven position (col. 3, line 1-col. 6 line 54, figs. 1-5). Hirai et al. also teaches a second cylinder/gas storage attachable (col. 6, line 55-col. 7, line 24, figs. 6-8).
TANJI teaches a gas spring-powered fastener driver (1, fig. 17) having a fill valve (62) that extends from a cylinder (43) and into a housing (2/2a) and wherein the fill valve (62) extends in a direction transverse (fig. 17) to the driving axis (driver blade 6) and the fill valve is configured to fill the cylinder with compressed gas from an external source of compressed gas external to the housing ([0065-0073, figs. 1 and 17).
Raggl et al. also teaches a gas spring-powered fastener driver (1, fig. 1) having a fill valve (16) that extends from a cylinder (4) and into a housing/cylinder support portion (15) and wherein the fill valve (16) extends in a direction transverse (fig. 1) to the driving axis (punch 7) and the fill valve is configured to fill the cylinder with compressed gas from an external source of compressed gas (14) external to the housing (“cartridge 14 can be refillable” cartridge 14 is also replaced with external/different cartridge [0015-0019, fig. 1) and teaches having a compressor (17) with a intake valve (21) and bypass valve (23) attached to the cylinder ([0020-0021], fig. 1).
Given the teachings of Kondo et al. to have a fill valve, it 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 to have the fill valve extends in a direction transverse to the driving axis and configured to fill the cylinder with compressed gas from an external source of compressed gas external to the housing/cylinder support portion for having a lighter tool, easy connection to a gas/air source (replaceable/refillable cartridge or hose to air compressor) and/or for improving usability (replacement of faulty core, enable quick release and etc.) of the valve and improved portability as taught by Hirai et al., TANJI and further taught and evidenced by Raggl et al.
Regarding claims 3-4, 8, 13-14, 17-18, and 20, Kondo et al. discloses the fill valve (30) into the housing (1) and into the handle portion (1a) where the handle portion (1a) and the cylinder support portion (10 and/or 1b/1c) intersect wherein the fill valve is oriented along a direction extending transverse to the driving axis wherein the fill valve (30) extends from the cylinder in a perpendicular direction away from the cylinder and the handle portion extends transverse to the driving axis wherein the fill valve is coupled to the cylinder (col. 2, lines 48-col. 7, line 67, figs. 1-7).
Regarding claims 5 and 19, Kondo et al. discloses the fill valve inhibits leakage from the cylinder during movement of the driver blade between the driven position and the ready position and permits filling of compressed gas into the cylinder (col. 4, lines 60-65).
Regarding claims 9-10, Kondo et al. discloses the drive unit further comprises a transmission (6) through which torque from the motor is transmitted to the lifter (7), wherein the transmission is positioned within a transmission housing portion of the drive unit support portion (col. 2, lines 48-col. 7, line 67, figs. 1-7).
Regarding claim 16, Kondo et al. discloses the housing (1) further includes a cylinder support portion (10 and/or 1b/1c) within which the cylinder (11) is at least partially positioned, and the fill valve (30) extends from the cylinder (at 11f) and into the housing where the handle portion (1a) and the cylinder support portion intersect (col. 2, lines 48-col. 7, line 67, figs. 1-7).
Regarding claim 21, Kondo et al. discloses a latch assembly with a latch (engaging member 20) moveable between a latched state in which the driver blade is held in the ready position against a biasing force of compressed gas in the cylinder, and a released state in which the driver blade is permitted to be driven by the biasing force from the ready position to the driven position (col. 5, lines 55-col. 7, line 67, figs. 1-7).
Claim(s) 22 is/are rejected under 35 U.S.C. 103 as obvious over Kondo et al. (US 5720423 A) in view of Hirai et al. (US 6220496 B1) in view of TANJI (JP 2014069289 A) in view of Raggl et al. (US 20160144496 A1) in view of Keast (US 8590610 B1) and further in view of WADSWORTH (US 1635593 A).
Regarding claims 22, Kondo et al. fails to disclose the fill valve is a Schrader valve.
Keast teaches a derrick/top drive assembly 7 (fig. 1) having a fill valve (100) that is a Schrader valve for delivering air to airbag 35 to raise the weight of the top drive or allow to compress from a compressed gas source and provide a compressed air source (col. 3, lines 35-col. 4, line 20, figs. 1-7).
WADSWORTH also teaches a drill (fig. 1) having a fill valve (22b) that is a Schrader valve for delivering gas/air to a cell (25b, page 4, lines 1-25, figs. 1-7).
Given the teachings of Kondo et al. to have a fill valve, it 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 to have the fill valve be a Schrader valve for better sealing, easy connection to a gas/air source and/or for improving usability (replacement of faulty core, enable quick release and etc.) of the valve as taught by Keast and WADSWORTH
Claim(s) 11-12 is/are rejected under 35 U.S.C. 103 as obvious over Kondo et al. (US 5720423 A) in view of Hirai et al. (US 6220496 B1) in view of TANJI (JP 2014069289 A) in view of Raggl et al. (US 20160144496 A1) in view of SATO et al. (US 20170190037 A1) and further in view of McCardle et al. (US 20110198381 A1).
Regarding claims 11-12, Kondo et al. fails to disclose the transmission includes a one-way clutch mechanism and the handle portion and the drive unit support portion are connected to one another indirectly by the cylinder support portion.
SATO et al. teaches having a lifter (32/232) for a driver blade (31) with a transmission (7/71/73) that includes a one-way clutch mechanism (711 [0038, 0109-0125], figs. 9-10) and a cylinder support portion (2A/20) and a handle portion (2B) and a drive unit support portion (2C) are connected to one another indirectly by a cylinder support portion (also see annotation below [0053-0062], figs. 1-10).
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McCardle et al. also teaches a gas spring-powered fastener driver (401) comprises a housing (411/412/413) including a cylinder support portion (455/456/493 and/or 421) in which the cylinder (453) is received and a handle portion (403) and a drive unit support portion (423) are connected to one another indirectly by the cylinder support portion (455/456/493 and/or 421, (figs. 16-20), wherein the lifter includes a rotary lifter (400/410/460/470/475/780) to return the driver blade from the driven position toward the ready position and a latch assembly with a latch (420) moveable between a latched state in which the driver blade (490) is held in the ready position against a biasing force of compressed gas in the cylinder, and a released state in which the driver blade is permitted to be driven by the biasing force from the ready position to the driven position ([0149-0172], figs. 16-33) and teaches a multi-stage planetary transmission (gearbox 428, [0178]) including an output shaft (429/402) operatively coupled to the lifter to provide torque to the lifter; an input that includes a motor (427 [0153, 0178]) configured to provide torque to the transmission ([0153, 0178, 0187-0188], figs. 17 and 27); and the multi-stage planetary transmission includes a one way clutch (one-way clutch [0186]) for the lifter ([0015, 0153, 0178, 0183-0186], figs. 16-17 and 27).
Given the teachings of Kondo et al. to have a fill valve, cylinder support portion, and lifter transmission, it 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 to modify the transmission to include a one-way clutch mechanism and the handle portion and the drive unit support portion are connected to one another indirectly by the cylinder support portion for controlling torque on the lifter, prevent the driver from moving down, improving durability, improving usability/maintenance needs via having separate housing parts, and/or for safety purposes as taught by SATO et al. and McCardle et al.
Allowable Subject Matter
Claims 2, 7, and 16 are 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 claims would also benefit with correcting the specification and drawing objections.
As allowable subject matter has been indicated, applicant's reply must either comply with all formal requirements or specifically traverse each requirement not complied with. See 37 CFR 1.111(b) and MPEP § 707.07(a).
Reasons for Allowable Subject Matter
The following is an examiner’s statement of reasons for allowance: the prior art of record fails to teach or render obvious a gas spring-powered fastener drive comprising all the structural and functional limitations and further comprising, amongst other limitations/features, the housing further includes a cylinder support portion within which the cylinder is at least partially positioned, and the fill valve extends from the cylinder and into the housing where the handle portion and the cylinder support portion intersect. Though Kondo et al. (US 5720423 A) in view of Hirai et al. (US 6220496 B1) in view of TANJI (JP 2014069289 A) and further in view of Raggl et al. teache having valves and/or fill valves that extend from a piston cylinder they do have a fill valve is positioned closer to the bottom dead center side of the cylinder than the top dead center side of the cylinder with a cylinder support portion within which the cylinder is at least partially positioned, and the fill valve extends from the cylinder and into the housing where the handle portion and the cylinder support portion intersect, it would not be obvious to modify the fill valve to be positioned closer to the bottom dead center side of the cylinder than the top dead center side of the cylinder with a cylinder support portion within which the cylinder is at least partially positioned, and the fill valve extends from the cylinder and into the housing where the handle portion and the cylinder support portion intersect and one of ordinary skill would recognize that a modifying the cylinder support portion, location of the fill valve to be inside the handle and housing results in the unexpected easy/ergonomic filling/refilling of the power tool would and to having these features would require substantial modification beyond the teaching of the prior art. Having the efficiency and speed of the fill valve easily accessible provides and effective refill gas spring-powered fastener drive.
While various features of the claimed subject matter are found individually in the prior art, a skilled artisan would have to include knowledge gleaned only from the applicant's disclosure to combine or modify the teachings of the prior art to produce the claimed subject matter, and thus obviousness would not be proper. See In re McLaughlin, 443 F.2d 1392, 170 USPQ 209 (CCPA 1971). There is no teaching, suggestion, or motivation found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art to combine or modify the teachings of the prior art to produce the claimed invention, and thus obviousness would not be proper. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007).
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-22 have been considered but are moot because the new ground of rejection does not rely on all references applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: see references cited, form 892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT LONG whose telephone number is (571)270-3864. The examiner can normally be reached M-F, 9am-5pm, 8-9pm (EST).
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, Hemant Desai can be reached on (571) 272-4458. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ROBERT F LONG/Primary Examiner, Art Unit 3731