DETAILED ACTION
Response to Amendments
The amendment filed on 5/11/2026 has been entered.
Claims 1-16 and 18-21 remain pending in the application.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-16 and 18-21 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Regarding claim 1, the original specification did not describe “the hand of the user defining a grip envelope” and “the motor and the gearbox is at least partially within the grip envelope”. ¶ 0038 states that “The housing 104 is thus configured so that the center of gravity 118 is preferably within the envelop of the user’s grip on the grip portion 120, or at least in close proximity to the grip portion 120.” There is no disclosure for the hand of the user defining a grip envelope and the motor and gearbox located within the grip envelope.
Regarding claim 10, the original specification did not describe “the hand of the user defining a grip envelope” and “the gearbox is at least partially within the grip envelope”. ¶ 0038 states that “The housing 104 is thus configured so that the center of gravity 118 is preferably within the envelop of the user’s grip on the grip portion 120, or at least in close proximity to the grip portion 120.” There is no disclosure for the hand of the user defining a grip envelope and the gearbox located within the grip envelope.
Any remaining claims are rejected for depending on a rejected claim.
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 1-16 and 18-21 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 and 10, the limitation “the hand of the user defining a grip envelope” is vague and unclear because different users can have significantly different sized hands and the tool itself can have various sizes. As such, the grip envelope will also change depending on who is holding it and the size of the tool. Therefore, it is unclear what the meets and bounds of the claim (i.e. what is the size of the grip envelope is).
Regarding claim 1, the original specification did not describe “the hand of the user defining a grip envelope” and “the motor and the gearbox is at least partially within the grip envelope”. ¶0038 of the original specification states that “The housing 104 is thus configured so that the center of gravity 118 is preferably within the envelop of the user’s grip on the grip portion 120, or at least in close proximity to the grip portion 120.” There is no disclosure for the hand of the user defining a grip envelope and the motor and gearbox located within the grip envelope. Therefore, it is unclear if these additional limitations are required and/or how they would affect the construction/design/performance of the tool.
Regarding claim 10, the original specification did not describe “the hand of the user defining a grip envelope” and “the gearbox is at least partially within the grip envelope”. ¶0038 states that “The housing 104 is thus configured so that the center of gravity 118 is preferably within the envelop of the user’s grip on the grip portion 120, or at least in close proximity to the grip portion 120.” There is no disclosure for the hand of the user defining a grip envelope and the gearbox located within the grip envelope. Therefore, it is unclear if these additional limitations are required and/or how they would affect the construction/design/performance of the tool.
Any remaining claims are rejected for depending on a rejected claim.
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 1-5, 7, 9-14, 16, 18-19 and 21 are rejected under 35 U.S.C. 103 as being unpatentable over USPGP# 20220226977 of Nettleton et al. (henceforth Nettleton) in view of USPGP# 20240173833 of Komazaki (henceforth Komazaki). Please note WO2021084993A1, the WIPO publication of the Komazaki, was published on 5/6/2021.
Regarding claim 1, Nettleton teaches
A fastener driver tool (10), comprising:
a housing (22) having a grip portion (30) located between a power supply portion (34) and a drive portion (26), the grip portion configured to be gripped by a hand of a user of the fastener driver tool during operation of the fastener driver tool (inherent in order to operate the switch 42. Additionally, please note this limitation is very broad as the user can place his hand anywhere on the tool during operation except the tip portion 18), the hand of the user defining a grip envelope (see annotated fig. 2);
a drive mechanism (50, 54, 62) including
(i) a motor (50),
(ii) a gearbox (54) operably connected to the motor (¶ 0046), and
(iii) a striking mechanism (62) operably connected to the gearbox (¶ 0046-0047);
a battery pack (38) received by the power supply portion and configured to supply the motor with electrical energy (¶ 0046); and
a fastener magazine (14) configured to hold a plurality of fasteners (12), the fastener magazine mounted on the housing and operably connected to the striking mechanism (¶ 0057, fig. 2),
wherein the motor and the gearbox are located in the grip portion of the housing and each of the motor and the gearbox is at least partially within the grip envelope (see annotated fig. 2),
wherein the striking mechanism is located in the drive portion of the housing (fig. 2),
wherein the striking mechanism is configured to strike a corresponding fastener of the plurality of fasteners using rotation from the gearbox as rotated by the motor (¶ 0046-0047, 0057), and
Nettleton does not explicitly teach
wherein a center of gravity of the fastener driver tool is located within the grip portion and the grip envelope.
Komazaki teaches
A fastener driver tool (10), comprising:
a housing (21, 22, 23) having a grip portion (see annotated fig. 1) located between a power supply portion (see annotated fig. 1) and a drive portion (see annotated fig. 1); the grip portion configured to be gripped by a hand of a user of the fastener driver tool during operation of the fastener driver tool (inherent in order to operate the switch 37. Additionally, please note this limitation is very broad as the user can place his hand anywhere on the tool during operation except the tip portion 18), the hand of the user defining a grip envelope (see annotated fig. 1)
a drive mechanism including
(i) a motor (15),
(ii) a gearbox (16) operably connected to the motor, and
(iii) a striking mechanism (27) operably connected to the gearbox (para 0049-0050);
a battery pack (14, para 0035) received by the power supply portion and configured to supply the motor with electrical energy (para 0035); and
a fastener magazine (20) configured to hold a plurality of fasteners (31, fig. 3), the fastener magazine mounted on the housing and operably connected to the striking mechanism (see fig. 1, para 0032),
wherein the motor and the gearbox are located in the grip portion of the housing (see annotated fig. 1),
wherein the striking mechanism is located in the drive portion of the housing (see annotated fig. 1),
wherein the striking mechanism is configured to strike a corresponding fastener of the plurality of fasteners using rotation from the gearbox as rotated by the motor (para 0028, 0042, 0050), and
wherein a center of gravity (G1, see fig. 1) of the fastener driver tool is located within the grip portion (see annotated fig. 1).
wherein a center of gravity of the fastener driver tool is located within the grip portion and the grip envelope (see annotated fig. 1).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the fastener driver tool of Nettleton such that the center of gravity of the fastener driver tool is located within the grip portion and the grip envelope, as taught by Komazaki, in order to reduce the force needed to operate and maneuver the tool (Komazaki: ¶ 0054). This makes the tool more user friendly.
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Regarding claim 2, as shown in claim 1, the combination of Nettleton and Komazaki teaches
an activation button (Nettleton: 42, Komazaki: 37) mounted on the housing and configured to activate the drive mechanism for striking the corresponding fastener (Nettleton: ¶ 0057),
wherein the grip portion defines a longitudinal grip axis (Nettleton: 76, see annotated fig. 2),
wherein the center of gravity is closer to the activation button than the power supply portion along the longitudinal grip axis (Komazaki teaches making the center of gravity behind the activation button 37. Therefore the tool of Nettleton as modified by Komazaki will also have the center of gravity behind the activation button 42 of Nettleton. As such the center of gravity is closer to the activation button than the power supply portion along the longitudinal grip axis),
wherein the activation button is configured for activation with a forefinger of the hand of the user as the user grips the grip portion (the activation button is configured capable of being used with the forefinger).
Regarding claim 3, as shown in claim 2, the combination of Nettleton and Komazaki teaches
wherein: a plane normal to the longitudinal grip axis passes through the center of gravity, and the plane further passes through a thumb of the hand and the forefinger, as the user grips the grip portion (Nettleton: see annotated fig. 2).
Regarding claim 4, as shown in claim 1, the combination of Nettleton and Komazaki teaches
wherein the center of gravity is closer to the drive portion than the power supply portion (Nettleton: see annotated fig. 2).
Regarding claim 5, as shown in claim 1, the combination of Nettleton and Komazaki teaches
wherein: the housing further defines a finger opening located between the grip portion and the fastener magazine (Nettleton: see annotated fig. 2).
Regarding claim 7, as shown in claim 5, the combination of Nettleton and Komazaki teaches
an activation button (Nettleton: 42) mounted on the housing and configured to activate the drive mechanism for striking the corresponding fastener (Nettleton: ¶ 0057),
wherein the drive portion defines a drive longitudinal axis (Nettleton: 90, see annotated fig. 2),
wherein the grip portion defines a grip longitudinal axis that is perpendicular to the drive longitudinal axis (Nettleton: see annotated fig. 2),
wherein the finger opening defines a finger longitudinal axis that is parallel to the grip longitudinal axis, (Nettleton: see annotated fig. 2)
wherein the finger longitudinal axis passes through the activation button (Nettleton: see annotated fig. 2), and
wherein the activation button is spaced apart from the finger opening (Nettleton: see annotated fig. 2).
Regarding claim 9. as shown in claim 1, the combination of Nettleton and Komazaki teaches
a crank mechanism (Nettleton: 58) operably connected to the gearbox and the striking mechanism (Nettleton: ¶0048), the crank mechanism configured to compress a spring (Nettleton: 70) of the drive mechanism using rotation from the gearbox (Nettleton: ¶0057), wherein the crank mechanism is located in the housing at an interface of the grip portion and the drive portion (Nettleton: see annotated fig. 2).
Regarding claim 10, Nettleton teaches
A fastener driver tool (10), comprising:
a housing (22) having a grip portion (30) located between a power supply portion (34) and a drive portion (26), the grip portion configured to be gripped by a hand of a user of the fastener driver tool during operation of the fastener driver tool (inherent in order to operate the switch 42. Additionally, please note this limitation is very broad as the user can place his hand anywhere on the tool during operation except the tip portion 18), the hand of the user defining a grip envelope (see annotated fig. 2);
a drive mechanism (50, 54, 62) including
(i) a motor (50),
(ii) a gearbox (54) operably connected to the motor (¶ 0046), and
(iii) a striking mechanism (62) operably connected to the gearbox (¶ 0046-0047);
a power supply (38) received by the power supply portion and configured to supply the motor with electrical energy (¶ 0046); and
a fastener magazine (14) configured to hold a plurality of fasteners (12), the fastener magazine mounted on the housing and operably connected to the striking mechanism (¶ 0057, fig. 2),
wherein the motor and the gearbox are located in the grip portion of the housing, wherein the gearbox is at least partially within the grip envelope (see annotated fig. 2),
wherein the striking mechanism is located in the drive portion of the housing (fig. 2),
wherein the striking mechanism is configured to strike a corresponding fastener of the plurality of fasteners using rotation from the gearbox as rotated by the motor (¶ 0046-0047, 0057), and
Nettleton does not explicitly teach
wherein a center of gravity of the fastener driver tool is located within the gearbox and the grip envelope.
Komazaki teaches
A fastener driver tool (10), comprising:
a housing (21, 22, 23) having a grip portion (see annotated fig. 1) located between a power supply portion (see annotated fig. 1) and a drive portion (see annotated fig. 1); the grip portion configured to be gripped by a hand of a user of the fastener driver tool during operation of the fastener driver tool (inherent in order to operate the switch 37. Additionally, please note this limitation is very broad as the user can place his hand anywhere on the tool during operation except the tip portion 18), the hand of the user defining a grip envelope (see annotated fig. 1)
a drive mechanism including
(i) a motor (15),
(ii) a gearbox (16) operably connected to the motor, and
(iii) a striking mechanism (27) operably connected to the gearbox (para 0049-0050);
a power supply (14, para 0035) received by the power supply portion and configured to supply the motor with electrical energy (para 0035); and
a fastener magazine (20) configured to hold a plurality of fasteners (31, fig. 3), the fastener magazine mounted on the housing and operably connected to the striking mechanism (see fig. 1, para 0032),
wherein the motor and the gearbox are located in the grip portion of the housing (see annotated fig. 1),
wherein the striking mechanism is located in the drive portion of the housing (see annotated fig. 1),
wherein the striking mechanism is configured to strike a corresponding fastener of the plurality of fasteners using rotation from the gearbox as rotated by the motor (para 0028, 0042, 0050), and
wherein a center of gravity (G1, see fig. 1) of the fastener driver tool is located within the grip portion (see annotated fig. 1).
wherein a center of gravity of the fastener driver tool is located within the grip envelope (see annotated fig. 1).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the fastener driver tool of Nettleton such that the center of gravity of the fastener driver tool is located within the grip envelope, as taught by Komazaki, in order to reduce the force needed to operate and maneuver the tool (Komazaki: ¶ 0054). This makes the tool more user friendly.
The combination of Nettleton and Komazaki teaches wherein a center of gravity of the fastener driver tool is located within the gearbox (Komazaki teaches placing the center of gravity in the upper portion of grip portion. Nettleton teaches the gearbox is located in the upper portion of the grip portion. Nettleton as modified by Komazaki would therefore teach the center of gravity of the fastener driver tool is located within the gearbox (i.e. the upper portion of the grip portion of Nettleton)).
Regarding claim 11, as shown in claim 10, the combination of Nettleton and Komazaki teaches
an activation button (Nettleton: 42, Komazaki: 37) mounted on the housing and configured to activate the drive mechanism for striking the corresponding fastener (Nettleton: ¶ 0057),
wherein the grip portion defines a longitudinal grip axis that extends through a center of the gearbox (Nettleton: see annotated fig. 2),
wherein the center of gravity is closer to the activation button than the power supply portion along the longitudinal grip axis (Komazaki teaches making the center of gravity behind the activation button 37. Therefore the tool of Nettleton as modified by Komazaki will also have the center of gravity behind the activation button 42 of Nettleton. As such the center of gravity is closer to the activation button than the power supply portion along the longitudinal grip axis), and
wherein the activation button is configured for activation with a forefinger of the hand of the user as the user grips the grip portion (Nettleton: the activation button is configured capable of being used with the forefinger).
Regarding claim 12, as shown in claim 11, the combination of Nettleton and Komazaki teaches
wherein: a plane normal to the longitudinal grip axis passes through the center of gravity, and the plane further passes through a thumb of the hand of the user and the forefinger, as the user grips the grip portion for activating the activation button (Nettleton: see annotated fig. 2).
Regarding claim 13, as shown in claim 10, the combination of Nettleton and Komazaki teaches
wherein the center of gravity is closer to the drive portion than the power supply portion (Nettleton: see annotated fig. 2).
Regarding claim 14, as shown in claim 10, the combination of Nettleton and Komazaki teaches
wherein: the housing further defines a finger opening located between the grip portion and the fastener magazine (see annotated fig. 2).
Regarding claim 16, as shown in claim 14, the combination of Nettleton and Komazaki teaches
an activation button (Nettleton: 42) mounted on the housing and configured to activate the drive mechanism for striking the corresponding fastener (Nettleton: ¶ 0057),
wherein the drive portion defines a drive longitudinal axis (Nettleton: see annotated fig. 2),
wherein the grip portion defines a grip longitudinal axis (Nettleton: see annotated fig. 2) that is perpendicular to the drive longitudinal axis (Nettleton: see annotated fig. 2),
wherein the finger opening defines a finger longitudinal axis that is parallel to the grip longitudinal axis, (Nettleton: see annotated fig. 2)
wherein the finger longitudinal axis passes through the activation button (Nettleton: see annotated fig. 2), and
wherein the activation button is spaced apart from the finger opening (Nettleton: see annotated fig. 2).
Regarding claim 18, as shown in claim 10, the combination of Nettleton and Komazaki teaches
a crank mechanism (Nettleton: 58) operably connected to the gearbox and the striking mechanism (Nettleton: ¶0048), the crank mechanism configured to compress a spring (Nettleton: 70) of the drive mechanism using rotation from the gearbox (Nettleton: ¶0057), wherein the crank mechanism is located in the housing at an interface of the grip portion and the drive portion (Nettleton: see annotated fig. 2).
Regarding claim 19, as shown in claim 10, the combination of Nettleton and Komazaki teaches
wherein the power supply is a removable battery pack (Nettleton: 38, ¶0045).
Regarding claim 21, as shown in claim 1, the combination of Nettleton and Komazaki teaches
wherein the grip portion defines a longitudinal axis (Nettleton: 76, see annotated fig. 2) that extends through a center of the gearbox and a center of the motor (see annotated fig. 2).
Claims 6 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over the combination of Nettleton and Komazaki in view of USPGP# 20180207777 of Cheatham et al. (henceforth Cheatham).
Regarding claim 6, as shown in claim 5, the combination of Nettleton and Komazaki teaches
wherein the drive portion defines a drive longitudinal axis (Nettleton: 90, see annotated fig. 2).
The combination of Nettleton and Komazaki does not teach
a safety switch mounted on the grip portion and wherein the center of gravity is located between the safety switch and the finger opening along the drive longitudinal axis.
Cheatham teaches
a fastener driver tool (10) comprising:
a housing (18) having a grip portion (top and central section of 22 (near 30, 38)) located between a power supply portion (bottom section of 22) and a drive portion (top barrel section of 18);
a drive mechanism (29) including a striking mechanism (28)
a fastener magazine (14) configured to hold a plurality of fasteners, the fastener magazine mounted on the housing and operably connected to the striking mechanism (para 0020),
wherein the striking mechanism is located in the drive portion of the housing (see fig. 1),
wherein the striking mechanism is configured to strike a corresponding fastener of the plurality of fasteners (para 0020),
wherein: the housing further defines a finger opening (opening between 30 and 14) located between the grip portion and the fastener magazine,
a safety switch (38, para 0024) mounted on the grip portion,
wherein the drive portion defines a drive longitudinal axis (central longitudinal axis defined by 28 as shown in fig. 1).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the fastener driver tool of the combination of Nettleton and Komazaki with the addition of safety switch as taught by Cheatham in order to provide the predictable result of improving the safety of the tool by reducing the chance of accidental firing when the tool has not properly gripped by the user.
The combination of Nettleton, Komazaki and Cheatham further teaches wherein the center of gravity is located between the safety switch and the finger opening along the drive longitudinal axis (In Cheatham the safety switch 38 is located on the opposite of the activation button 30 of the grip portion. The activation button 30 of Cheatham is analogous to activation button 42 of Nettleton. Since in the combination of Nettleton and Komazaki, the center of gravity is behind the activation button 42, in the combination of Nettleton, Komazaki and Cheatham, the center of gravity would be located between the safety switch and the finger opening along the drive longitudinal axis).
Regarding claim 15, as shown in claim 14, the combination of Nettleton and Komazaki teaches
wherein the drive portion defines a drive longitudinal axis (Nettleton: 90, see annotated fig. 2).
The combination of Nettleton and Komazaki does not teach
a safety switch mounted on the grip portion and wherein the center of gravity is located between the safety switch and the finger opening along the drive longitudinal axis.
Cheatham teaches
a fastener driver tool (10) comprising:
a housing (18) having a grip portion (top and central section of 22 (near 30, 38)) located between a power supply portion (bottom section of 22) and a drive portion (top barrel section of 18);
a drive mechanism (29) including a striking mechanism (28)
a fastener magazine (14) configured to hold a plurality of fasteners, the fastener magazine mounted on the housing and operably connected to the striking mechanism (para 0020),
wherein the striking mechanism is located in the drive portion of the housing (see fig. 1),
wherein the striking mechanism is configured to strike a corresponding fastener of the plurality of fasteners (para 0020),
wherein: the housing further defines a finger opening (opening between 30 and 14) located between the grip portion and the fastener magazine,
a safety switch (38, para 0024) mounted on the grip portion,
wherein the drive portion defines a drive longitudinal axis (central longitudinal axis defined by 28 as shown in fig. 1).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the fastener driver tool of the combination of Nettleton and Komazaki with the addition of safety switch as taught by Cheatham in order to provide the predictable result of improving the safety of the tool by reducing the chance of accidental firing when the tool has not properly gripped by the user.
The combination of Nettleton, Komazaki and Cheatham further teaches wherein the center of gravity is located between the safety switch and the finger opening along the drive longitudinal axis (In Cheatham the safety switch 38 is located on the opposite of the activation button 30 of the grip portion. The activation button 30 of Cheatham is analogous to activation button 42 of Nettleton. Since in the combination of Nettleton and Komazaki, the center of gravity is behind the activation button 42, in the combination of Nettleton, Komazaki and Cheatham, the center of gravity would be located between the safety switch and the finger opening along the drive longitudinal axis).
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over the combination of Nettleton and Komazaki in view of USP# 20180084895 of Moreau et al. (henceforth Moreau).
Regarding claim 8, as shown in claim 1, the combination of Nettleton and Komazaki does not teach
a strap having a first end removably connected to the drive portion of the housing and a second end removably connected to the power supply portion of the housing.
Moreau teaches
a handheld tool (10) comprising:
a housing (12, 12a, 14,) comprising:
a grip portion (vertical portion of 12 excluding the 12a)
a power supply portion (12a) and
a driving portion (14)
a strap (100) having a first end (130) removably connected to the drive portion of the housing and a second end (156, 164, 166) removably connected to the power supply portion of the housing.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the tool of the combination of Nettleton and Komazaki with the addition of strap as taught by Moreau in order to provide the predictable result of preventing accidental dropping of the fastener driver tool which can lead to substantial damage or harm to plant equipment, workers, or objects below a worker who accidentally drops a tool (Moreau: para 0002).
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over the combination of Nettleton and Komazaki in view of CN 119748374 of Ye et al. (henceforth Ye). Please note that USPGP# 20250289106 is being used for translation.
Regarding claim 20, as shown in claim 10, the combination of Nettleton and Komazaki does not teach
wherein the power supply is configured for connection to a main power supply.
Ye teaches
A fastener driver tool (100), comprising:
a housing (310) having a grip portion (313, 312) located between a power supply portion (314) and a drive portion (311);
a drive mechanism (150, 160, 1401) including (i) a motor (160), (ii) a gearbox (1401, fig. 54) operably connected to the motor, and (iii) a striking mechanism (130) operably connected to the gearbox;
a power supply (115) received by the power supply portion and configured to supply the motor with electrical energy (para 0176); and
a fastener magazine (120) configured to hold a plurality of fasteners (10), the fastener magazine mounted on the housing and operably connected to the striking mechanism (para 0180),
wherein the motor and the gearbox are located in the grip portion of the housing (see annotated fig. 51),
wherein the striking mechanism is located in the drive portion of the housing (see fig. 4 and fig. 52),
wherein the striking mechanism is configured to strike a corresponding fastener of the plurality of fasteners using rotation from the gearbox as rotated by the motor (para 0176, 0180), and
wherein a center of gravity of the fastener driver tool is located within the gearbox (see fig. 54, para 0278-0279).
wherein the power supply is configured for connection to a main power supply (para 0175, “the coupling portion 114 is configured to be connected to a direct current power supply or an alternating current power supply”).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to replace the battery power supply of the tool of the combination of Nettleton and Komazaki such that the power supply is configured for connection to a main power supply, as taught by Ye in order to provide the predictable result of allowing the tool to continuously operate without requiring recharging of the battery. This makes the tool more versatile.
Response to Arguments
Applicant’s arguments filed on 5/11/2026 have been fully considered:
Applicant's arguments with respect to claims 1, 7, 10 and 16 have been considered but are moot because the arguments do not apply to the new reference of Nettleton being used in the current rejection.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See attached PTO-892. For example:
US 20240009820 A1 teaches a tool with gearbox and motor in the grip portion (fig. 2)
US 20200298386 A1 teaches a tool with center of gravity in the grip portion (fig. 5)
US 20200276690 A1 teaches a tool with gearbox and motor in the grip portion (fig. 6)
US 20110094763 A1 teaches a tool with center of gravity in the grip portion (fig. 1)
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 extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MOBEEN AHMED whose telephone number is (571) 272-0356. The examiner can normally be reached on M-F (8:30 am to 5 pm).
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anna Kinsaul can be reached on 571-270-1926. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/M.A./
Examiner, Art Unit 3731
/VERONICA MARTIN/Primary Examiner, Art Unit 3731
Prosecution Insights