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 .
Status of Claims
Receipt is acknowledged of claims, filed on 06/12/2025, which has been placed of record and entered in the file.
Status of the claims:
Claims 1-20 are pending for examination.
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 1-20 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 claims 1, the claim recites the limitation "a housing including a handle portion spaced apart from the handle portion" which renders the claim indefinite because it is unclear a handle portion spaced is apart from the handle portion (from itself?). Clarification is required. The claim will be interpreted as a handle portion spaced is apart from the housing.
Regarding claim 11, the claim recites the limitation " a handle portion spaced apart from the handle portion" which renders the claim indefinite because it is unclear a handle portion spaced is apart from the handle portion (from itself?). Clarification is required. The claim will be interpreted as a handle portion spaced is apart from the housing.
Regarding claims 17, the claim recites the limitation "a housing including a handle portion spaced apart from the handle portion" which renders the claim indefinite because it is unclear a handle portion spaced is apart from the handle portion (from itself?). Clarification is required. The claim will be interpreted as a handle portion spaced is apart from the housing.
Claim Rejections - 35 USC § 103
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 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
Claims 1-4, and 6-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bierdeman et al. (US 20220112638 A1) in view of Kobori et al. (US 20180290279 A1), and in further view of Leimbach et al. (US 20090090762 A1).
Regarding claim 1, Bierdeman discloses powered fastener driver (10) comprising:
a housing (80, 64) including a handle portion (Fig. 1) spaced apart from the handle portion (Fig. 1) and a battery support portion (Battery pack, 90) extending from the handle portion (Fig. 1);
a cylinder (18, 30) positioned within the housing (80, 64);
a piston (22) movable within the cylinder from a top-dead-center (Fig. 6B) position to a driven or bottom-dead-center (Fig. 6A) position;
a driver blade (26) attached to the piston (22) for movement therewith along a driving axis (38) from the TDC position toward the BDC position for driving a fastener into a workpiece (Figs. 6A-6B);
a lifter (42, 100) operable to move the piston (22) and the driver blade (26), in unison, from the BDC position toward the TDC position (Figs. 5, 7, 12-14; [0045], [0055-[0069]);
a drive unit (46, 92) positioned within the housing and operably coupled to the lifter, the drive unit including a motor (46; [0045], [0055-[0059]);
a workpiece contact assembly (see at least 410) coupled to the housing (80) and movable from an extended position to a retracted position in response to contact with a workpiece ([0076]);
a magazine (14) configured to receive fasteners, the magazine (14) including a first end, a second end opposite the first end, a top side, a bottom side opposite the top side (Fig. 1), and a support member (proximate 7; Fig. 1) extending from the top side and positioned adjacent the housing (Fig. 1);
a nosepiece assembly (330) coupled to the first end of the magazine (14; Fig. 2) and including a channel (334) from which consecutive fasteners from the magazine (14) are driven; and
a printed circuit board (Controller [0074]-[0075]) including a controller configured to receive an input signal when the workpiece contact assembly is moved to the retracted position ([0074]-[0082],
Bierdeman doesn’t teach the following:
a biasing element that biases the workpiece contact assembly into the extended position.
a printed circuit board positioned within the battery support portion and wherein the battery support portion extends between the handle portion and the magazine.
Kobori in a related invention teaches (A) a biasing element (55) that biases the workpiece contact assembly (see at least 54) into the extended position ([0042]), and
(B) a printed circuit board (58) positioned within the battery support portion (11d) including a controller configured to receive an input signal when the workpiece contact assembly is moved to the retracted position ([0042]-[0043]) and wherein the battery support portion (11d) extends between the handle portion (11c) and the magazine (11b).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the fastener of Bierdeman by incorporating a biasing element that biases the workpiece contact assembly into the extended position and printed circuit board positioned within the battery support portion and wherein the battery support portion extends between the handle portion and the magazine as taught by Kobori in order to (A) provide a biasing spring force to aid in biasing the work contact element ([0042] pf Kobori) and (B) providing printed circuit board positioned within the battery support portion and wherein the battery support portion extends between the handle portion and the magazine is a matter of design choice and it has been held that rearranging parts of an invention in a manner which does not alter its operation involves only routine skill in the art. In re Japikse, 86 USPQ 70. Additionally, it provides minimized wiring length and thermal mechanical isolation.
Wherein the Applicant may argue that Kobori doesn’t expressly disclose the PCB and/or a magazine support member positioned adjacent to the housing the Office alternatively utilizes Leimbach.
Leimbach expressly teaches a printed circuit board (435; [0138] and Fig. 17) positioned within the battery support portion (Fig. 17) and wherein the battery support portion extends between the handle portion (403) and the magazine (407), and a magazine support member (416; Fig. 17) positioned adjacent to the housing (Fig. 17).
it would have been obvious to one of ordinary skill in the art at the time of effective filing to modify the controller of Bierdeman in view of Kobori by incorporating a controller on a printed circuit board and a magazine support member as taught by Leimbach for compact integration, space efficiency, and cost reduction as PCBs are the standard, automated, low-cost platform for electronic controls in power tools.
Bierdeman in view of Kobori and Leimbach further teaches:
Regarding claim 2, further comprising an inner frame (530, 534) positioned within the housing (Fig. 5) and configured to support the drive unit (46, 92) and wherein the workpiece contact assembly (see at least 410) is engageable with the inner frame (Fig. 5) in response to an applied force that moves the workpiece contact assembly beyond the retracted position ([0097]-[0098]).
Regarding claim 3, wherein the biasing element (55 of Kobori) is positioned between the inner frame (530, 534 of Bierdeman) and the workpiece contact assembly ((see at least 410 as modified).
Regarding claim 4, wherein the workpiece contact assembly (see at least 410 of Bierdeman) includes a first section defining a first end (See annotated Fig. 3 below of Bierdeman), the first section including an arm (418 of Bierdeman), an engagement portion coupled to the first end (See annotated Fig. 3 below and/or 358 of Bierdeman), and a screw portion opposite the engagement portion (See annotated Fig. 3 below), and
a second section coupled to the first section and defining a second end opposite the first end, the second end configured to contact the workpiece (See annotated Fig. 3 below),
wherein the screw portion couples the first section to the second section (Fig. 3 of Bierdeman), and wherein the engagement portion is configured to contact the inner frame in response to the applied force that moves the workpiece contact assembly beyond the retracted position ([0084]-[0085] of Bierdeman).
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Regarding claim 6, wherein the support member (417 of Leimbach) includes a polygonal shape (Fig. 17 of Leimbach) with a first side extending from the top side at a location between the first end and the second end, and a second side extending from the top side at a location at or adjacent the second end, wherein a surface of the first side of the support member abuts a surface of the housing (415, Fig. 17 of Leimbach).
Regarding claim 7, wherein the printed circuit board (435; [0138] and Fig. 17 of Leimbach as modified) is positioned rearward of the drive unit (Fig. 17 of Leimbach as modified).
Regarding claim 8, wherein the printed circuit board (435; [0138] and Fig. 17 of Leimbach as modified) and the support member (417 of Leimbach) are positioned on opposite sides of a wall of the battery support portion (Fig. 1 of Kobori and/or Fig. 17 of Leimbach as modified).
Regarding claim 9, wherein the printed circuit board is at least partially positioned between the drive unit and the support member (Fig. 1 of Kobori and/or Fig. 17 of Leimbach as modified).
Regarding claim 10, Bierdeman is silent regarding further comprising an electronic switch positioned within the housing, and wherein the workpiece contact assembly is configured to actuate the electronic switch to provide the input signal.
Leimbach in a related invention teaches an electronic switch (132) positioned within the housing, and wherein the workpiece contact assembly is configured to actuate the electronic switch to provide the input signal ([0092], [0099], and [0122]).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of effective filing to modify the fastener of Bierdeman in view of Kobori by incorporating electronic switch as taught by Leimbach for providing electrical input signals to the controller and improve accuracy and precision of the tool.
Claims 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bierdeman et al. (US 20200114500 A1) in view of Kobori et al. (US 20180290279 A1), and in further view of Leimbach et al. (US 20090090762 A1), and in further view of Pomeroy et al. (US 20180126531 A1).
Regarding claim 5, Bierdeman as modified discloses essentially the claimed elements according to claim 4 including a depth of drive adjustment mechanism (422 of Bierdeman).
However, Bierdeman as modified does not disclose a knob coupled to and rotatable with the arm, and wherein the knob is configured to adjust a protruding length of the second end of the second section of the workpiece contact assembly relative to a distal end of the nosepiece assembly.
Pomeroy teaches a knob (106) coupled to and rotatable with the arm (110/98), and wherein the knob (106) is configured to adjust a protruding length of the second end of the second section of the workpiece contact assembly relative to a distal end of the nosepiece assembly ([0019]).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the depth adjustment driver of Bierdeman as modified by incorporating a knob as taught by Pomeroy in order to translate with the workpiece contact element between the extended position and the retracted position
10. Claims 11-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bierdeman et al. (US 20200114500 A1) in view of Leimbach et al. (US 20090090762 A1).
Regarding claim 11, Bierdeman discloses a powered fastener driver (10) comprising:
a housing (80, 64) including a drive unit support portion (88), a handle portion (Fig. 1) spaced apart from the handle portion (Fig. 1), and a battery support portion (the pack 90);
a cylinder (18, 30) positioned within the housing (80, 64);
a piston (22) movable within the cylinder from a top-dead-center (Fig. 6B) position to a driven or bottom-dead-center (Fig. 6A) position;
a driver blade (26) attached to the piston (22) for movement therewith along a driving axis (38) from the TDC position toward the BDC position for driving a fastener into a workpiece (Figs. 6A-6B);
a lifter (42, 100) operable to move the piston (22) and the driver blade (26), in unison, from the BDC position toward the TDC position (Figs. 5, 7, 12-14; [0045], [0055-[0069]);
a drive unit (46, 92) positioned within the drive unit support portion (88) and operably coupled to the lifter, the drive unit including a motor (46; [0045], [0055-[0059]);
a workpiece contact assembly (see at least 410) coupled to the housing (80, 64) and movable from an extended position to a retracted position in response to contact with a workpiece ([0076]);
a magazine (14) configured to receive fasteners, the magazine including a first end, a second end opposite the first end, a top side, a bottom side opposite the top side (Fig. 1),;
a nosepiece assembly (330) coupled to the first end of the magazine (14; Fig. 2) and including a channel (334) from which consecutive fasteners from the magazine (14) are driven; and
a printed circuit board (Controller [0074]-[0075]) including a controller configured to receive an input signal when the workpiece contact assembly is moved to the retracted position ([0074]-[0082])..
Bierdeman doesn’t teach the following:
(A) a battery support portion extending between the drive unit support portion and the handle portion;
(B) the workpiece contact assembly including a biasing element that biases the workpiece contact assembly into the extended position;
(C) a magazine support member extending from the top side and positioned adjacent to the battery support portion; and a printed circuit board positioned within a battery support portion and wherein the battery support portion extends between the handle portion and the magazine.
Leimbach in a related invention teaches a battery support portion (see annotated Fig. 1 below) extending between the drive unit support portion and the handle portion (Fig. 1) and a magazine support member (28 and/or 416) extending from the top side and positioned adjacent to the battery support portion (Fig. 1 and 17), a workpiece contact assembly including a biasing element (136) that biases the workpiece contact assembly (32) into the extended position ([100]), and a printed circuit board (435; [0138] and Fig. 17) positioned within the battery support portion (Figs. 1 and 17) and wherein the battery support portion extends between the handle portion (403) and the magazine (407).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the fastener of Bierdeman by incorporating a biasing element that biases the workpiece contact assembly into the extended position, a magazine support portion and printed circuit board positioned within the battery support portion and wherein the battery support portion extends between the handle portion and the magazine as taught by Leimbach in order to provide a biasing spring force to aid in biasing the work contact element and providing printed circuit board positioned within the battery support portion and wherein the battery support portion extends between the handle portion and the magazine is a matter of design choice and it has been held that rearranging parts of an invention in a manner which does not alter its operation involves only routine skill in the art. In re Japikse, 86 USPQ 70. Additionally, it provides minimized wiring length and thermal mechanical isolation.
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Regarding claim 12, wherein a surface of the support member (28 and/or 416 of Leimbach) abuts a surface of the battery support portion (Figs. 1 and 17 of Leimbach).
Regarding claim 13, wherein the support member (28 and/or 416 of Leimbach) includes a polygonal shape with a first side extending from the top side at a location between the first end and the second end, and a second side extending from the top side at a location at or adjacent the second end (Figs. 1 and 17 of Leimbach), wherein a surface of the first side of the support member abuts a surface of the battery support portion (Figs. 1 and 17 of Leimbach).
Regarding claim 14, wherein the printed circuit board is positioned rearward of the drive unit (Fig. 17 of Leimbach).
Regarding claim 15, wherein the printed circuit board (435 of Leimbach) and the support member (416 of Leimbach) are positioned on opposite sides of a wall of the battery support portion (Fig. 17 of Leimbach).
Regarding claim 16, wherein the printed circuit board is at least partially positioned between the drive unit and the support member (Fig. 17 of Leimbach).
11. Claims 17-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bierdeman et al. (US 20200114500 A1) in view of Jaskot (US 20180001453 A1), and in further view of Leimbach et al. (US 20090090762 A1).
Regarding claim 17, Bierdeman discloses a powered fastener driver (10) comprising:
a housing (80, 64) including a handle portion (Fig. 1) spaced apart from the handle portion (Fig. 1) and a battery support portion (@90) extending from the handle portion (Fig. 1);
a cylinder (18, 30) positioned within the housing (80, 64);
a piston (22) movable within the cylinder from a top-dead-center (Fig. 6B) position to a driven or bottom-dead-center (Fig. 6A) position;
a driver blade (26) attached to the piston (22) for movement therewith along a driving axis (38) from the TDC position toward the BDC position for driving a fastener into a workpiece (Figs. 6A-6B);
a lifter (42, 100) operable to move the piston (22) and the driver blade (26), in unison, from the BDC position toward the TDC position (Figs. 5, 7, 12-14; [0045], [0055-[0069]);
a drive unit (46, 92) positioned within the housing and operably coupled to the lifter, the drive unit including a motor (46; [0045], [0055-[0059]);
a workpiece contact assembly (see at least 410) coupled to the housing (80) and movable from an extended position to a retracted position in response to contact with a workpiece ([0076]);
a magazine (14) configured to receive fasteners, the magazine (14) including a first end, a second end opposite the first end, a top side, a bottom side opposite the top side (Fig. 1), and a support member (proximate 7 i.e. cover of the magazine; Fig. 1) extending from the top side and including a polygonal shape (Fig. 1) with a surface that abuts a surface of the battery support portion (Fig. 1);
a nosepiece assembly (330) coupled to the first end of the magazine (14; Fig. 2) and including a channel (334) from which consecutive fasteners from the magazine (14) are driven; and
a printed circuit board (Controller [0074]-[0075]) including a controller configured to receive an input signal when the workpiece contact assembly is moved to the retracted position ([0074]-[0082],
Bierdeman doesn’t teach the following: a biasing element that biases the workpiece contact assembly into the extended position, and a printed circuit board positioned within the battery support portion.
Jaskot in a related invention teaches that it is old and well known to have a powered fastener driver (10) having workpiece contact assembly (38) including a biasing element (52, 68) that biases the workpiece contact assembly (38) into the extended position and engageable with an inner frame (44, 62) in response to applied force ([0036]-[0046], Fig. 2)
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the tool of Bierdeman by incorporating a biasing element as taught by Jaskot in order to automatically move contact element back from its retracted position to its original advanced position.
Leimbach in a related invention teaches a printed circuit board (435; [0138] and Fig. 17) positioned within the battery support portion (Figs. 1 and 17).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the fastener of Bierdeman as modified by incorporating a printed circuit board positioned within the battery support portion as taught by Leimbach in order to provides minimized wiring length and thermal mechanical isolation.
Regarding claim 18, wherein the printed circuit board (435; [0138] and Fig. 17 of Leimbach as modified) is positioned rearward of the drive unit (Fig. 17 of Leimbach as modified).
Regarding claim 19, wherein the printed circuit board and the surface of the support member are positioned on opposite sides of a wall of the battery support portion (Fig. 17 of Leimbach as modified).
Regarding claim 20, wherein the printed circuit board is at least partially positioned between the drive unit and the support member (Fig. 17 of Leimbach as modified).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NICHOLAS E IGBOKWE whose telephone number is (571)272-1124. The examiner can normally be reached on M-F 8 a.m. - 5 p.m..
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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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/NICHOLAS E IGBOKWE/Examiner, Art Unit 3731
/ANDREW M TECCO/Primary Examiner, Art Unit 3731
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