DETAILED ACTION
This non-final Office action is in response to Applicant’s patent application filed on 5/19/2025. An action on the merits follows.
Claims 1-20 are pending in the application.
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
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.
Claims 1-5, 7 and 9 are rejected under 35 U.S.C. 102 (a)(1) and (a)(2) as being anticipated by USPGP# 20240173833 of Komazaki (henceforth Komazaki). Please note WO2021084993A1, the WIPO publication of the Komazaki, was published on 5/6/2021.
Regarding claim 1, 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);
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).
Regarding claim 2, as shown in claim 1, Komazaki teaches
an activation button (37) mounted on the housing and configured to activate the drive mechanism for striking the corresponding fastener (para 0038, 0049),
wherein the grip portion defines a longitudinal grip axis (see annotated fig. 1),
wherein the center of gravity is closer to the activation button than the power supply portion along the longitudinal grip axis (see annotated fig. 1).
Regarding claim 3, as shown in claim 2, Komazaki teaches
wherein: a plane (see annotated fig. 1) normal to the longitudinal grip axis passes through the center of gravity, and
the plane further passes through a thumb and forefinger of an operator, as the operator grips the grip portion for activating the activation button (see annotated fig. 1).
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Regarding claim 4, as shown in claim 1, Komazaki teaches
wherein the center of gravity is closer to the drive portion than the power supply portion (see annotated fig. 1).
Regarding claim 5, as shown in claim 1, Komazaki teaches
wherein: the housing further defines a finger opening (see annotated fig. 1) located between the grip portion and the fastener magazine.
Regarding claim 7, as shown in claim 5, Komazaki teaches
an activation button (37) mounted on the housing and configured to activate the drive mechanism for striking the corresponding fastener (para 0038, 0049),
wherein the drive portion defines a drive longitudinal axis (see 2nd annotation of fig. 1),
wherein the grip portion defines a grip longitudinal axis (see 2nd annotation of fig. 1) that is perpendicular to the drive longitudinal axis,
wherein the finger opening defines a finger longitudinal axis (see 2nd annotation of fig. 1) that is parallel to the grip longitudinal axis, and
wherein the finger longitudinal axis passes through the activation button (see 2nd annotation of fig. 1).
Regarding claim 9, as shown in claim 1, Komazaki teaches
a crank mechanism (17, 40) operably connected to the gearbox and the striking mechanism (para 0041), the crank mechanism configured to compress a spring (52) of the drive mechanism using rotation from the gearbox (para 0041 and 0045, see fig. 1 gearbox 16 output is connected to the gear 41),
wherein the crank mechanism is located in the housing at an interface of the grip portion and the drive portion (see annotated fig. 1 and fig. 2).
Claims 1-5, 7, 9-14, 16 and 18-20 are rejected under 35 U.S.C. 102 (a)(2) as being anticipated by CN 119748374 Ye et al. (henceforth Ye). Please note that USPGP# 20250289106 is being used for translation.
Regarding claim 1, 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 battery pack (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 grip portion (see annotated fig. 51 and fig. 54).
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Regarding claim 2, as shown in claim 1, Ye teaches
an activation button (3131) mounted on the housing and configured to activate the drive mechanism for striking the corresponding fastener (para 0180),
wherein the grip portion defines a longitudinal grip axis (see annotated fig. 51),
wherein the center of gravity is closer to the activation button than the power supply portion along the longitudinal grip axis (see combined annotated fig. 51 and fig. 52).
Regarding claim 3, as shown in claim 2, Ye teaches
wherein: a plane normal to the longitudinal grip axis passes through the center of gravity (see combined annotated fig. 52 and fig. 54), and
the plane further passes through a thumb and forefinger of an operator, as the operator grips the grip portion for activating the activation button the (see combined annotated fig. 52 and fig. 54, please note that the plane is at/close to the activation button and since a user can grip the tool in multiple ways including where the plane passes through a thumb and forefinger of the user).
Regarding claim 4, as shown in claim 1, Ye teaches
wherein the center of gravity is closer to the drive portion than the power supply portion (see combined annotated fig. 51 and fig. 52).
Regarding claim 5, as shown in claim 1, Ye teaches
wherein: the housing further defines a finger opening (see annotated fig. 51) located between the grip portion and the fastener magazine.
Regarding claim 7, as shown in claim 5, Ye teaches
an activation button (3131) mounted on the housing and configured to activate the drive mechanism for striking the corresponding fastener (para 0180),
wherein the drive portion defines a drive longitudinal axis (see annotated fig. 51),
wherein the grip portion defines a grip longitudinal axis (see annotated fig. 51) that is perpendicular to the drive longitudinal axis, wherein the finger opening defines a finger longitudinal axis (see annotated fig. 51) that is parallel to the grip longitudinal axis, and
wherein the finger longitudinal axis passes through the activation button (see annotated fig. 51).
Regarding claim 9, as shown in claim 1, Ye teaches
a crank mechanism (142) operably connected to the gearbox and the striking mechanism, the crank mechanism configured to compress a spring (150 (gas spring)) of the drive mechanism using rotation from the gearbox,
wherein the crank mechanism is located in the housing at an interface of the grip portion and the drive portion (see fig. 4).
Regarding claim 10, 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).
Regarding claim 11, as shown in claim 10, Ye teaches
an activation button (3131) mounted on the housing and configured to activate the drive mechanism for striking the corresponding fastener (para 0180),
wherein the grip portion defines a longitudinal grip axis that extends through a center of the gearbox (see annotated fig. 51),
wherein the center of gravity is closer to the activation button than the power supply portion along the longitudinal grip axis (see combined annotated fig. 51 and fig. 52).
Regarding claim 12, as shown in claim 11, Ye teaches
wherein: a plane normal to the longitudinal grip axis passes through the center of gravity (see combined annotated fig. 52 and fig. 54), and
the plane further passes through a thumb and forefinger of an operator, as the operator grips the grip portion for activating the activation button the (see combined annotated fig. 52 and fig. 54, please note that the plane is at/close to the activation button and since a user can grip the tool in multiple ways including where the plane passes through a thumb and forefinger of the user).
Regarding claim 13, as shown in claim 10, Ye teaches
wherein the center of gravity is closer to the drive portion than the power supply portion (see combined annotated fig. 51 and fig. 52).
Regarding claim 14, as shown in claim 10, Ye teaches
wherein: the housing further defines a finger opening (see annotated fig. 51) located between the grip portion and the fastener magazine.
Regarding claim 16, as shown in claim 14, Ye teaches
an activation button (3131) mounted on the housing and configured to activate the drive mechanism for striking the corresponding fastener (para 0180),
wherein the drive portion defines a drive longitudinal axis (see annotated fig. 51),
wherein the grip portion defines a grip longitudinal axis (see annotated fig. 51) that is perpendicular to the drive longitudinal axis, wherein the finger opening defines a finger longitudinal axis (see annotated fig. 51) that is parallel to the grip longitudinal axis, and
wherein the finger longitudinal axis passes through the activation button (see annotated fig. 51).
Regarding claim 18, as shown in claim 10, Ye teaches
a crank mechanism (142) operably connected to the gearbox and the striking mechanism, the crank mechanism configured to compress a spring (150 (gas spring)) of the drive mechanism using rotation from the gearbox,
wherein the crank mechanism is located in the housing at an interface of the grip portion and the drive portion (see fig. 4).
Regarding claim 19, as shown in claim 10, Ye teaches
wherein the power supply is a removable battery pack (para 0175).
Regarding claim 20, as shown in claim 10, Ye teaches
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”).
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.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Komazaki in view of USPGP# 20180207777 of Cheatham et al. (henceforth Cheatham).
Regarding claim 6, as shown in claim 5, Komazaki teaches
wherein the drive portion defines a drive longitudinal axis (see annotated fig. 1).
Komazaki does not teach
a safety switch mounted on the grip portion, 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 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 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 37 of Komazaki. Since in Komazaki, the center of gravity is at the rear end of the activation button 37, in the combination of 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 Komazaki in view of USP# 20180084895 of Moreau et al. (henceforth Moreau).
Regarding claim 8, as shown in claim 1, 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 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 6 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Ye in view of Cheatham.
Regarding claim 6, as shown in claim 5, Ye teaches
wherein the drive portion defines a drive longitudinal axis (see annotated fig. 51).
Ye 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 Yan 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 Ye 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 1131 of Ye. Since in Ye, the center of gravity is between the activation button 37 and the finger opening, in the combination of Ye and Cheatham, the center of gravity would be located between the safety switch (which is at the rear end of the tool) and the finger opening (which is at the front end of the tool) along the drive longitudinal axis).
Regarding claim 15, as shown in claim 14, Ye teaches
wherein the drive portion defines a drive longitudinal axis (see annotated fig. 51).
Ye 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 Yan 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 Ye 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 1131 of Ye. Since in Ye, the center of gravity is between the activation button 37 and the finger opening, in the combination of Ye and Cheatham, the center of gravity would be located between the safety switch (which is at the rear end of the tool) and the finger opening (which is at the front end of the tool) along the drive longitudinal axis).
Claim 8 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Ye in view of Moreau.
Regarding claim 8, as shown in claim 1, Ye 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 Ye 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 10
substantial damage or harm to plant equipment, workers, or objects below a worker who accidentally drops a tool (Moreau: para 0002).
Regarding claim 17, as shown in claim 16, Ye 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 Ye 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 10
substantial damage or harm to plant equipment, workers, or objects below a worker who accidentally drops a tool (Moreau: para 0002).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892
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