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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 05/04/2026 has been entered.
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: “a drive unit” in claim 6 is not found in the specification with a reference number and is only mentioned/recited in Background/Summary section of the specification. What is the “drive unit”? Presumably the drive unit is - - motor 46 - -. 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: drive unit. 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 § 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 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-10 and 13-21 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by KOBORI et al. (US 20180290279 A1).
Regarding claims 1, 6, and 15, KOBORI et al. discloses a gas spring-powered fastener driver (10) comprising: a cylinder (12); a moveable piston (13) positioned within the cylinder between a bottom dead center side of the cylinder and a top dead center side of the cylinder; a driver blade (15) attached to the piston and moveable therewith along a driving axis between a ready position and a driven position;
a lifter (rotary disk 26) configured to move the driver blade from the driven position to the ready position;
a drive unit including a motor (33) for providing torque to rotate the lifter (26);
a housing (11) including a handle portion (11c) configured to be grasped by a user to maneuver the gas spring- powered fastener driver, and a cylinder support portion (protruding portions 21, 22 and/or holder 23 [0032]) distinct from the handle portion and within which the cylinder is at least partially positioned (figs. 1-7);
a drive unit support portion (motor case part 11b/drive shaft 27) within which the drive unit is at least partially positioned ([0034-0035]; and
a fill valve (71) in fluid communication with the cylinder, wherein the fill valve is configured to fill the cylinder with compressed gas from an external source of compressed gas (compressor, an air feeder, and a compressed gas cylinder) external to the housing with the external source of compressed gas connected to the fill valve (lid 77 provides access [0046-0058], and wherein the fill valve extends from the cylinder and into the housing (figs. 1 and 6-18), wherein the compressed gas in the cylinder is used, with the external source of compressed gas disconnected from the fill valve, in consecutive driving cycles for driving the piston toward the driven position, and
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 ([0029-0066], fig. 13).
Regarding claims 3-4, 8, 13-14, 17-18, and 20, KOBORI et al. discloses the fill valve (71) into the housing (11) and into the handle portion (11c) where the handle portion (11c) and the cylinder support portion (protruding portions 21, 22 and/or holder 23) intersect wherein the fill valve is oriented along a direction extending transverse to the driving axis wherein the fill valve (71) 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 ([0029-0066], figs. 1-18).
Regarding claims 5 and 19, KOBORI et al. discloses the fill valve inhibits leakage (joint part 73 and check valve) 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 ([0029-0066], figs. 1-18).
Regarding claims 9-10, KOBORI et al. discloses the drive unit further comprises a transmission (planetary gear type speed reducer 36) through which torque from the motor is transmitted to the lifter (26), wherein the transmission is positioned within a transmission housing portion of the drive unit support portion ([0029-0066], figs. 1-18).
Regarding claims 2, 7, 16, KOBORI et al. discloses the housing (11) further includes a cylinder support portion (protruding portions 21, 22 and/or holder 23) within which the cylinder (11) is at least partially positioned, and the fill valve (26) extends from the cylinder (12) and into the housing (figs. 13-18) where the handle portion (11c) and the cylinder support portion (protruding portions 21, 22 and/or holder 23) intersect ([0029-0066], figs. 13-18).
Regarding claim 21, KOBORI et al. discloses a latch assembly with a latch (snap ring 66 and/or rack claw 31a or pin 32 of the lifter – note first/last pin on lifter 26 is larger to easily hold the driver blade, see figs. 3-4) 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 ([0040-0046], figs. 1-18).
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.
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) 21 is/are rejected under 35 U.S.C. 103 as obvious over KOBORI et al. (US 20180290279 A1) in view of Leimbach et al. (US 20090090759 A1) and further in view of Chien (US 20150352702 A1).
Regarding claim 21, KOBORI et al. discloses a latch assembly with a latch (snap ring 66 and/or rack claw 31a or pin 32 of the lifter – note first/last pin on lifter 26 is larger to easily hold the driver blade, see figs. 3-4) 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 ([0040-0046], figs. 1-18).
In the alternative, if it can be argued that KOBORI et al. fails to disclose having a latch assembly with a latch 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 -
Chien teaches a latch assembly (20 or 31/32, figs. 1-5) with a latch 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 ([0024-0043], figs. 1-5) and also teaches the solenoid plunger (33) includes a slot (32) coupled to a latch (31, [0042-0043], figs. 4-5).
Leimbach et al. also teaches a latch assembly (120) movable between a latched state in which the driver blade is held in the ready position against a biasing force of compressed gas [0091-0092, 0102], and a released state in which the driver blade is permitted to be driven by the biasing force toward the driven position, the latch assembly including a latch (120, ([0014, 0071-0074, 0084, 0090-0092, 0101-0104, 0127, 0140, 0163, 0169, 0175, 0185-0190], claim 45, figs. 9, 17, 27).
Given the suggestions and teachings of KOBORI et al. to have a latch mechanism to hold a driver blade, 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 latch assembly with a latch 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 for improved leverage on the latch, to reduce the force and/or stress on the driver blade/pistion, having more leverage, and/or for more compact/spacing needs as taught by Chien and Leimbach et al. and since it has been held adjustability, where needed, is not a patentable advance, and if an art-recognized need for adjustment the prior art would have been obvious. In re Stevens, 212 F.2d 197, 101 USPQ 284 (CCPA 1954).
Claim(s) 22 is/are rejected under 35 U.S.C. 103 as obvious over KOBORI et al. (US 20180290279 A1) in view of Keast (US 8590610 B1) and further in view of WADSWORTH (US 1635593 A).
Regarding claims 22, KOBORI 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 KOBORI 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) 1-21 is/are rejected under 35 U.S.C. 103 as obvious over KOBORI et al. (US 20180290279 A1) in view of SATO et al. (US 20170190037 A1) and further in view of McCardle et al. (US 20110198381 A1).
Regarding claims 1, 6, 11-12, and 15, KOBORI et al. discloses a gas spring-powered fastener driver (10) comprising: a cylinder (12); a moveable piston (13) positioned within the cylinder between a bottom dead center side of the cylinder and a top dead center side of the cylinder; a driver blade (15) attached to the piston and moveable therewith along a driving axis between a ready position and a driven position;
a lifter (rotary disk 26) configured to move the driver blade from the driven position to the ready position;
a drive unit including a motor (33) for providing torque to rotate the lifter (26);
a housing (11) including a handle portion (11c) configured to be grasped by a user to maneuver the gas spring- powered fastener driver, and a cylinder support portion (protruding portions 21, 22 and/or holder 23 [0032]) distinct from the handle portion and within which the cylinder is at least partially positioned (figs. 1-7);
a drive unit support portion (motor case part 11b/drive shaft 27) within which the drive unit is at least partially positioned ([0034-0035]; and
a fill valve (71) in fluid communication with the cylinder, wherein the fill valve is configured to fill the cylinder with compressed gas from an external source of compressed gas (compressor, an air feeder, and a compressed gas cylinder) external to the housing with the external source of compressed gas connected to the fill valve (lid 77 provides access [0046-0058], and wherein the fill valve extends from the cylinder and into the housing (figs. 1 and 6-18), wherein the compressed gas in the cylinder is used, with the external source of compressed gas disconnected from the fill valve, in consecutive driving cycles for driving the piston toward the driven position, and
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 ([0029-0066], fig. 13).
KOBORI 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 and in the alternative, if it can be argued that KOBORI et al. fails to disclose a cylinder support portion distinct from the handle portion and within which the cylinder is at least partially positioned -
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 KOBORI 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.
Regarding claims 3-4, 8, 13-14, 17-18, and 20, KOBORI et al. discloses the fill valve (71) into the housing (11) and into the handle portion (11c) where the handle portion (11c) and the cylinder support portion (protruding portions 21, 22 and/or holder 23) intersect wherein the fill valve is oriented along a direction extending transverse to the driving axis wherein the fill valve (71) 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 ([0029-0066], figs. 1-18).
Regarding claims 5 and 19, KOBORI et al. discloses the fill valve inhibits leakage (joint part 73 and check valve) 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 ([0029-0066], figs. 1-18).
Regarding claims 9-10, KOBORI et al. discloses the drive unit further comprises a transmission (planetary gear type speed reducer 36) through which torque from the motor is transmitted to the lifter (26), wherein the transmission is positioned within a transmission housing portion of the drive unit support portion ([0029-0066], figs. 1-18).
Regarding claims 2, 7, 16, KOBORI et al. discloses the housing (11) further includes a cylinder support portion (protruding portions 21, 22 and/or holder 23 and/or support taught via SATO et al. and McCardle et al.- see above/supra)) within which the cylinder (11) is at least partially positioned, and the fill valve (26) extends from the cylinder (12) and into the housing (figs. 13-18) where the handle portion (11c) and the cylinder support portion (protruding portions 21, 22 and/or holder 23) intersect ([0029-0066], figs. 13-18).
Regarding claim 21, KOBORI et al. discloses a latch assembly with a latch (snap ring 66 and/or rack claw 31a or pin 32 of the lifter – note first/last pin on lifter 26 is larger to easily hold the driver blade, see figs. 3-4) 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 ([0040-0046], figs. 1-18).
Claim(s) 21 is/are rejected under 35 U.S.C. 103 as obvious over KOBORI et al. (US 20180290279 A1) in view of SATO et al. (US 20170190037 A1) in view of McCardle et al. (US 20110198381 A1) in view of Leimbach et al. (US 20090090759 A1) and further in view of Chien (US 20150352702 A1).
Regarding claim 21, KOBORI et al. discloses a latch assembly with a latch (snap ring 66 and/or rack claw 31a or pin 32 of the lifter – note first/last pin on lifter 26 is larger to easily hold the driver blade, see figs. 3-4) 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 ([0040-0046], figs. 1-18).
In the alternative, if it can be argued that KOBORI et al. fails to disclose having a latch assembly with a latch 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 -
Chien teaches a latch assembly (20 or 31/32, figs. 1-5) with a latch 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 ([0024-0043], figs. 1-5) and also teaches the solenoid plunger (33) includes a slot (32) coupled to a latch (31, [0042-0043], figs. 4-5).
Leimbach et al. also teaches a latch assembly (120) movable between a latched state in which the driver blade is held in the ready position against a biasing force of compressed gas [0091-0092, 0102], and a released state in which the driver blade is permitted to be driven by the biasing force toward the driven position, the latch assembly including a latch (120, ([0014, 0071-0074, 0084, 0090-0092, 0101-0104, 0127, 0140, 0163, 0169, 0175, 0185-0190], claim 45, figs. 9, 17, 27).
Given the suggestions and teachings of KOBORI et al. to have a latch mechanism to hold a driver blade, 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 latch assembly with a latch 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 for improved leverage on the latch, to reduce the force and/or stress on the driver blade/pistion, having more leverage, and/or for more compact/spacing needs as taught by Chien and Leimbach et al. and since it has been held adjustability, where needed, is not a patentable advance, and if an art-recognized need for adjustment the prior art would have been obvious. In re Stevens, 212 F.2d 197, 101 USPQ 284 (CCPA 1954).
Claim(s) 22 is/are rejected under 35 U.S.C. 103 as obvious over KOBORI et al. (US 20180290279 A1) in view of SATO et al. (US 20170190037 A1) in view of McCardle et al. (US 20110198381 A1) in view of Keast (US 8590610 B1) and further in view of WADSWORTH (US 1635593 A).
Regarding claims 22, KOBORI 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 KOBORI 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.
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
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).
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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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/ROBERT F LONG/Primary Examiner, Art Unit 3731
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