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 .
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) 1-2, 5-13, and 15-19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ward et al. (US 20210299835 A1).
Regarding claims 1-2, 8-10, and 15-17, Ward et al. discloses a fastener driver (10) comprising: an inner cylinder (18) centrally defining an inner cylinder axis; a piston (22) positioned within the inner cylinder; a driver blade (26) coupled to the piston and movable therewith between a ready position and a driven position; a storage tank (30) including a large portion centrally defining a large portion axis (74), the large portion surrounding at least a portion of the inner cylinder ([0055-0063], figs. 1-5); a housing (90/92) supporting the storage tank and including a handle portion (92, figs. 1-3), the handle portion defining a handle portion axis extending transverse to the inner cylinder axis (fig. 1); the handle portion defining a handle portion axis extending transverse to the inner cylinder axis (handle is angled thus transverse); wherein the handle portion axis is offset from the inner cylinder axis (figs. 17-18, “handle portion” rear side of the magazine has handle for thumb in which the side of the magazine axis would be offset and transverse).
wherein the inner cylinder (18) axis extends within a dividing plane that centrally and longitudinally divides the inner cylinder into a first half and a second half (figs. 1-5);
wherein one of: a) the dividing plane is parallel to the handle portion axis; or b) the handle portion axis extends within the dividing plane (figs. 1-3); and
the large portion axis is offset from the dividing plane by a distance D that is greater than or equal to 1.0 mm or the distance D is greater than or equal to 5.0 mm and is transverse to the handle portion axis, and wherein the distance D is greater than or equal to 1.0 mm and less than or equal to 40.0 mm and a storage tank volume is defined between an inner surface of the storage tank and an outer surface of the inner cylinder; the dividing plane divides the storage tank volume into a first volume and a second volume; and the first volume differs from the second volume by at least 5 percent and/or is at least 5 percent greater than the second volume or the first volume is at least 20 percent greater than the second volume (offset distance correlates with volume – larger offset (5%, 20% or more) results in larger diameter which results in larger volume [0059], figs. 1-5).
Regarding claims 5-7, 12-13, and 18-19, Ward et al. discloses a lifter (114) operable to move the driver blade from the driven position to the ready position, wherein the lifter is positioned on a first side of the driver blade, wherein the large portion is generally cylindrical, wherein the distance D is measured along an offset axis which extends transverse to the inner cylinder axis and transverse to the handle portion axis wherein the storage tank includes a large diameter portion surrounding at least the portion of the inner cylinder, the large diameter portion centrally defining a large diameter portion axis ([0064-0065], figs. 3 and 7-9), wherein the handle portion axis is centrally defined by the handle portion and extends along a length of the handle portion, and wherein the handle portion axis intersects the large portion axis and wherein the handle portion axis is centrally defined by the handle portion and extends along a length of the handle portion; and wherein the handle portion axis passes beside the large portion axis on the first side of the driver blade ([0064-0065], figs. 3 and 7-9).
Regarding claims 11, Ward et al. discloses the housing further includes a battery connection portion (110) connected to the handle portion, the battery connection portion defining a battery portion centerline that extends parallel to the handle portion axis and offset from the handle portion axis, and wherein the handle portion axis extends between the inner cylinder axis and the battery portion centerline ([0063], figs. 1 and 17-18).
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) 1-2 is/are rejected under 35 U.S.C. 103 as obvious over Pomeroy et al. (US 20160229043 A1) in view of Ward et al. (US 20210299835 A1) and further in view of Lange (US 3633459 A).
Regarding claims 1-2, Pomeroy et al. discloses a fastener driver (10) comprising: an inner cylinder (22) centrally defining an inner cylinder axis; a piston (26) positioned within the inner cylinder; a driver blade (30) coupled to the piston and movable therewith between a ready position and a driven position; a storage tank (18) including a large portion centrally defining a large portion axis (large axis from 22-18 region), the large portion surrounding at least a portion of the inner cylinder ([0027-0029], figs. 1-3 – see examiner annotation); a housing supporting the storage tank and including a handle portion (fig. 1), the handle portion defining a handle portion axis extending transverse to the inner cylinder axis (fig. 1);
wherein the inner cylinder (22) axis extends within a dividing plane that centrally and longitudinally divides the inner cylinder into a first half and a second half (fig. 3);
wherein one of: a) the dividing plane is parallel to the handle portion axis; or b) the handle portion axis extends within the dividing plane (fig. 1); and
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Pomeroy et al. fails to disclose the large portion axis is offset from the dividing plane by a distance D that is greater than or equal to 1.0 mm or the distance D is greater than or equal to 5.0 mm.
Ward et al. teaches a similar driver (10) with a housing (90) having a handle portion (92) and having a storage tank (30) including a large portion centrally defining a large portion ([0055-0063], figs. 1-5) with the large portion axis is offset from a dividing plane of an inner cylinder (18) by a distance D that is greater than or equal to 1.0 mm or the distance D is greater than or equal to 5.0 mm ([0059], figs. 1-5).
Lange teaches a having an inner cylinder (27) having a piston/driver (29/2a) a storage tank (compressed-air reservoir 4) with a distance offset D measured in a direction from the inner cylinder axis toward the first side of the driver blade (col. 1, lines 60-75, col. 2, lines 1-75, fig. 1)
Given the suggestions and teachings of Pomeroy et al. to have inner cylinder with a driver blade and outer cylinder storage tank with differing diameter portions, 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 large portion axis is offset from the dividing plane by a distance D that is greater than or equal to 1.0 mm or the distance D is greater than or equal to 5.0 mm for fitting needs of the lifter, having more storage volume, and/or for more compact/spacing needs with a fill valve as taught by Ward 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) 3-8 and 15 is/are rejected under 35 U.S.C. 103 as obvious over Ward et al. (US 20210299835 A1) in view of Lange (US 3633459 A) and further in view of Leimbach et al. (US 20090090759 A1)
Regarding claims 3-8 and 15, Ward et al. discloses the invention as substantially claimed. See above. Ward et al. also discloses a lifter (114) operable to move the driver blade from the driven position to the ready position, wherein the lifter is positioned on a first side of the driver blade, wherein the large portion is generally cylindrical, wherein the distance D is measured along an offset axis which extends transverse to the inner cylinder axis and transverse to the handle portion axis ([0064-0065], figs. 3 and 7-9).
Ward et al. fails to explicitly disclose the distance D is measured in a direction from the inner cylinder axis toward the first side of the driver blade wherein the handle portion axis is centrally defined by the handle portion and extends along a length of the handle portion, and wherein the handle portion axis intersects the large portion axis and wherein the handle portion axis is centrally defined by the handle portion and extends along a length of the handle portion; and wherein the handle portion axis passes beside the large portion axis on the first side of the driver blade.
Lange teaches a having an inner cylinder (27) having a piston/driver (29/2a) a storage tank (compressed-air reservoir 4) with a distance offset D measured in a direction from the inner cylinder axis toward the first side of the driver blade (col. 1, lines 60-75, col. 2, lines 1-75, fig. 1)
Leimbach et al. teaches having a storage tank (storage chamber 74) concentrical or offset to an in inner cylinder (working cylinder 71) having a piston/driver (80/90) and the storage chamber 74 being of different dynamic shapes (“vary in volume”, “deform in size and/or shape” “substantially surrounds the working cylinder 7…basically co-axial…alternative physical arrangements” ([0074-0082], figs. 1-5) and Leimbach et al. teaches having storage chamber (774 offset, [0160-0161], fig. 34). Moreover, Leimbach et al. has a handle portion (445) defining a handle portion axis extending transverse to the inner cylinder axis (figs. 16-17); the handle portion defining a handle portion axis extending transverse to the inner cylinder axis (handle is angled thus transverse); wherein the handle portion axis is offset from the inner cylinder axis (figs. 16-17, “handle portion” magazine 445 is off to the side and thus offset and transverse) and teaches the storage tank volume into a first volume and a second volume; and the first volume differs from the second volume by at least 5 percent and/or is at least 5 percent greater than the second volume or the first volume is at least 20 percent greater than the second volume [0011, 0080, 0192]
Given the suggestions and teachings of Ward et al. to have inner cylinder with a driver blade and outer cylinder storage tank with offset central axis/axes, 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 storage tank arranged with a distance offset D measured in a direction from the inner cylinder axis toward the first side of the driver blade for fitting needs of the lifter, having more storage volume, and/or for more compact/spacing needs with a fill valve as taught by Lange and Leimbach et al. and to have the handle portion axis is offset from the inner cylinder axis (figs. 16-17, “handle portion” magazine 445 is off to the side and thus offset and transverse) and teaches the storage tank volume into a first volume and a second volume; and the first volume differs from the second volume by at least 5 percent and/or is at least 5 percent or 20 percent greater than the second volume for balance needs, ergonomics, and/or spacing needs 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) 14 and 20 is/are rejected under 35 U.S.C. 103 as obvious over Ward et al. (US 20210299835 A1) in view of Lange (US 3633459 A) in view of Leimbach et al. (US 20090090759 A1) and further in view of KOBORI et al. (US 20090090759 A1).
Regarding claims 14 and 20, Ward et al. discloses a cap (94) that “cap 78 fluidly seals the inner cylinder 18” [0060] but fails to disclose the cap dividing an open end of the inner cylinder from an open end of the storage tank; a first seal positioned between the cap and the inner cylinder; and a nut coupled to the open end of the storage tank and securing the cap to the storage tank.
Leimbach et al. teaches a cap (72/412) dividing an open end of the inner cylinder from an open end of the storage tank; a first seal positioned between the cap and the inner cylinder; Anda nut coupled to the open end
of the storage tank and securing the cap to the storage tank (threads shown, [0074, 0097, 0137], figs. 1-5 and 16-17).
KOBORI et al. teaches having a storage tank (41) offset to an in inner cylinder (12) having a piston/driver (13/15) a cap (51) dividing an open end of the inner cylinder from an open end of the storage tank; a first seal
(47a/b and 52) positioned between the cap and the inner cylinder ([0039-0041], figs. 1, 3-5, and 14-18).
Given the suggestions and teachings of Ward et al. to have inner cylinder with a driver blade and outer cylinder storage tank with offset central axis/axes and a sealing cap, 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 cap with having a first seal positioned between the cap and the inner cylinder; and a nut coupled to the open end of the storage tank and securing the cap to the storage tank for maintenance/access needs, sealing the cap, and/or valve refilling needs as taught by Leimbach et al. and KOBORI et al.
Response to Arguments
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., constrained dividing plane orientation and “b) the handle portion axis is parallel to the dividing plane) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). Since claim 1 recites “wherein the inner cylinder axis extends within a dividing plane that centrally and longitudinally divides the inner cylinder into a first half and a second half and -
wherein one of: a) the dividing plane is parallel to the handle portion axis; or b) the handle portion axis extends within the dividing plane; and
the large portion axis is offset from the dividing plane by a distance D that is greater than or equal to 1.0 mm
The cylinder central axis/inner cylinder axis is also within the dividing plane of the cylinder that divides the cylinder into two halves; in which the plane is not limited to any particular orientation and the storage tank larger portion axis is offset from the dividing plane/inner cylinder axis. The handle axis either parallel to or extending into the dividing plane will not affect the offset distance. Since Ward et al. discloses a fastener driver (10) comprising: an inner cylinder (18) centrally defining an inner cylinder axis; with a storage tank (30) including a large portion centrally defining a large portion axis (74), the large portion surrounding at least a portion of the inner cylinder ([0055-0063], figs. 1-5); and the handle portion defining a handle portion axis extending transverse to the inner cylinder axis (handle is angled thus transverse) and
wherein the inner cylinder (18) axis extends within a dividing plane that centrally and longitudinally divides the inner cylinder into a first half and a second half (figs. 1-5);
wherein one of: a) the dividing plane is parallel to the handle portion axis; or b) the handle portion axis extends within the dividing plane (figs. 1-3); and
the large portion axis is offset from the dividing plane by a distance D that is greater than or equal to 1.0 mm (offset distance correlates with volume – larger offset (5%, 20% or more) results in larger diameter which results in larger volume [0059], figs. 1-5).
Examiner agrees that Pomeroy et al. (US 20160229043 A1) storage tank central axis is not offset so that rejection is withdrawn.
Although, Pomeroy et al. (US 20160229043 A1) examiner indicates that Lange (US 3633459 A) could have been used without any teaching since Lange teaches a having an inner cylinder (27) having a piston/driver (29/2a) a storage tank (compressed-air reservoir 4) with a distance offset D measured in a direction from the inner cylinder axis toward the first side of the driver blade (col. 1, lines 60-75, col. 2, lines 1-75, fig. 1). Since the storage tanks large portion axis is not limited to its shape or how “the large portion surrounding at least a portion of the inner cylinder” then Lange has at least storage tank large portion surrounding at least a portion of the inner cylinder. The limitation the “distance D that is greater than or equal to 1.0mm in which “greater than” is not limited to what direction the storage cylinder axis is to be taken since “surrounding at least a portion of the inner cylinder” does not limit the storage cylinder shape or amount it surrounds the inner cylinder.
Also, as claimed in claim 1 - the handle portion axis is defined as “extending transverse to the inner cylinder axis” then later recited in claim 1 is recited as “a) the dividing plane is parallel to the handle portion axis”. The handle portion axis can not be both parallel and transverse. Examiner has given charity to option “b) the handle axis extends within the dividing plane” for proper support.
Moreover, “handle portion axis” is not limited to any particular direction or orientation since a handle can have an infinite number of axis/axes and the term “portion” is non-limiting. Examiner suggest reciting “handle longitudinal axis” to provide a clear axis to base an orientation from and defining how the storage tank surrounds a “portion of the inner cylinder” since “portion” is not limited to any amount.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: See references cited, form 892.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to 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