DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the AIA first to file provisions. 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.
Application Status
This office action is in response to the claims filed 5/22/2025.
Claims 1-19 are currently pending and being examined.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The 2 IDS documents have been considered. See the attached PTO 1449 forms.
Claim Objections
Claim 18 is objected to: in line 2 “and an air gap” should be changed to “an air gap”.
Claim Rejections - 35 USC § 112
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 3, 10-12, and 17-19 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 3:
In claim 3 “the retained position” and “the un-retained position” lack sufficient antecedent basis. For examination purposes, these are interpreted as “the sealed position” and “the unsealed position”, respectively.
Regarding claims 10-12 and 17-19:
Claims 10-12 and 17-19 each recite a “neutral position” of the cartridge, however the metes and bounds of a “neutral” position are unclear and render the claim indefinite. The submitted disclosure does not use the term neutral and thus the neutral position is unclear.
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.
Claims 1-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Moeller et al. US 2005/0173484.
Regarding claim 1:
Moeller teaches a combustion-powered fastener-driving tool comprising:
a housing (12);
a controller (67) supported by the housing;
a chamber member (36) supported by the housing and movable relative to the housing from an unsealed position ([0033]; configuration shown in FIG. 2) at which the chamber member does not seal a combustion chamber (18) to a sealed position at which the chamber member seals the combustion chamber ([0034]); and
a chamber member retaining assembly (60) supported by the housing and including: an electromagnetic cartridge assembly (86/64/62) including:
a cartridge (86),
an electromagnet (62) connected to and supported by the cartridge (see FIG. 2), the electromagnet controlled by the controller and activable to limit movement of the chamber member from the sealed position to the unsealed position ([0026]),
a first cartridge connector (72; or alternatively 88) connected to the cartridge, and
a second cartridge connector (72; or alternatively 88; both of which there are two, see FIG. 4 and [0040]-[0041]) connected to the cartridge.
Regarding claim 2:
Moeller teaches the combustion-powered fastener-driving tool of claim 1, as discussed above, wherein the controller is configured to energize the electromagnet for a period of time to maintain the chamber member in the sealed position to provide sufficient time for a piston supported by the housing to return to a pre-firing position ([0037], first two sentences).
Regarding claim 3:
Moeller teaches the combustion-powered fastener-driving tool of claim 1, as discussed above, wherein the [sealed] position of the chamber member is closer to the electromagnet than the [unsealed] position of the chamber member (envisaged in FIG. 2).
Regarding claim 4:
Moeller teaches the combustion-powered fastener-driving tool of claim 1, as discussed above, which includes a ferrous plate (156) connected to the chamber member (clear from last sentence of [0049] and first sentence of [0050]; the attraction/force is due to the plate being ferrous).
Regarding claim 5:
Moeller teaches the combustion-powered fastener-driving tool of claim 4, as discussed above, wherein the electromagnet limits the movement of the chamber member by generating an attractive force between the ferrous plate and the electromagnet when the electromagnet is energized ([0050]).
Regarding claim 6:
Moeller teaches the combustion-powered fastener-driving tool of claim 5, as discussed above, wherein the chamber member is movable in an axial direction from the unsealed position to the sealed position and the attractive force acts in a transverse direction to the axial direction (envisaged in FIG. 2).
Regarding claim 7:
Moeller teaches the combustion-powered fastener-driving tool of claim 5, as discussed above, wherein the chamber member is movable in an axial direction from the unsealed position to the sealed position and the attractive force acts in the axial direction (clear from last sentence of [0049]; embodiment of FIG. 8).
Regarding claim 8:
Moeller teaches the combustion-powered fastener-driving tool of claim 1, as discussed above, wherein the first cartridge connector and the second cartridge connector are each formed from a resilient compressible material (to some extent, all materials have some level of resilience and compressibility).
Regarding claim 9:
Moeller teaches the combustion-powered fastener-driving tool of claim 8, as discussed above, wherein the cartridge is moveable in both the axial and transverse directions (e.g., by simply moving the tool or alternatively via removing the cartridge).
Regarding claim 10:
Moeller teaches the combustion-powered fastener-driving tool of claim 9, as discussed above, wherein the cartridge is biased by the first cartridge connector and second cartridge connector to return to a (e.g., the connectors 88 bias the cartridge to a position against the tool).
Regarding claim 11:
Moeller teaches the combustion-powered fastener-driving tool of claim 10, as discussed above, wherein in the (envisaged in FIG. 4, where the plate can be taken as the unnumbered circular plate to the right of 62).
Regarding claim 12:
Moeller teaches the combustion-powered fastener-driving tool of claim 11, as discussed above, wherein the cartridge moves toward the chamber member from the ([0050]; envisaged in FIG. 3).
Regarding claim 13:
Moeller teaches the combustion-powered fastener-driving tool of claim 1, as discussed above, wherein the electromagnet limits movement of the chamber member by generating an attractive force between the chamber member and a plate attached to the chamber member (e.g., electromagnet 62 pulls rear plate-face of 64 toward the chamber member, as envisaged in FIG. 4, limiting the movement of the latter).
Regarding claim 14:
Moeller teaches the combustion-powered fastener-driving tool of claim 13, as discussed above, wherein the chamber member is not movable in an axial direction from the sealed position to the unsealed position when the attractive force acts in a transverse direction perpendicular to the axial direction (envisaged in FIGS. 3 and 4).
Regarding claim 15:
Moeller teaches the combustion-powered fastener-driving tool of claim 1, as discussed above, wherein the first cartridge connector and the second cartridge connector are each formed from a resilient material (to some extent, all materials have some level of resilience).
Regarding claim 16:
Moeller teaches the combustion-powered fastener-driving tool of claim 15, as discussed above, wherein the cartridge is moveable in both axial and transverse directions relative to the chamber member (or alternatively, since it is removable).
Regarding claim 17:
Moeller teaches the combustion-powered fastener-driving tool of claim 16, as discussed above, wherein the cartridge is biased by the first cartridge connector and second cartridge connector to axially move to a (e.g., the connectors 88 bias the cartridge to a defined axial position relative to the chamber member).
Regarding claim 18:
Moeller teaches the combustion-powered fastener-driving tool of claim 17, as discussed above, wherein in the (envisaged in FIG. 4, where the plate can be taken as the unnumbered circular plate to the right of 62).
Regarding claim 19:
Moeller teaches the combustion-powered fastener-driving tool of claim 18, as discussed above, wherein the cartridge is movable toward the chamber member from the ([0050]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DARIUSH SEIF whose telephone number is (408)918-7542. The examiner can normally be reached Monday-Friday 9:30 AM-6:00 PM PST.
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/DARIUSH SEIF/Primary Examiner, Art Unit 3731