DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Application Status
This action is responsive to the claims filed 2 July 2025.
Claims 1-20 are currently pending and being examined.
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(s) 1-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Blessing (US 8,020,739) in view of Frenken (US 2020/0269410).
Blessing teaches:
Claim 1: An extension pole assembly (20-fig.1) for a power tool (10-fig.1), the extension pole assembly comprising:
a mount (22-fig.1);
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an extension pole (20-fig.1) having a first extension pole end (annotated fig.1) and an opposite, second extension pole end coupled to the mount (annotated fig.1);
a handle (23-fig.1) coupled to the first extension pole end (see annotated fig.1 showing 21 at the first end), the handle to be grasped by a user of the power tool (4:55-61); and
an actuator linkage (at least 34,30,31-fig.1) extending between the first extension pole end and the second extension pole end (see annotated fig.1 showing at least 34 extending between the first and second end), the actuator linkage including:
a shaft (34-fig.1) extending between the first extension pole end and the second extension pole end (see annotated fig.1 showing 34 extending between the first and second end),
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a hook (53-fig.1) supported by the mount and having a first portion (annotated fig.1) configured to engage a trigger of the power tool when supported within the mount (4:62-5:3), and
a lever (30-fig.1) pivotably coupled to the mount and having a first lever (annotated fig.1) end abutted with the shaft (4:55-5:3) and a second lever end (annotated fig.1) coupled to a second portion of the hook (annotated fig.1);
wherein, in response to movement of the shaft within the extension pole, the lever is pivotable from a first position towards a second position, in which the first portion of the hook depresses the trigger of the power tool (4:24-5:3).
Blessing does not expressly teach a mount including a first mount portion and a second mount portion, the second mount portion configured to pivot relative to the first mount portion to at least partially enclose the power tool within the mount.
However, Frenken teaches a mount (13-fig.1) including a first mount portion (15-fig.1) and a second mount portion (16-fig.1), the second mount portion configured to pivot relative to the first mount portion to at least partially enclose the power tool within the mount (¶[0061]-[0063]).
Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to modify the device of Blessing, by having the tool attachment portion of an extension pole to be two pivotable clam shells, as taught by Frenken, to make a secure attachment with the tool by having the clam shell contoured to the shape of the tool, thus preventing the tool from shifting within the mount.
Blessing as modified by Frenken teaches:
Claim 2: The extension pole assembly of claim 1, further comprising a spring biasing (Blessing: 31-fig.1) the lever toward the first position (Blessing: 4:62-5:3).
Claim 3: The extension pole assembly of claim 1, wherein the lever is a first lever (Blessing: 30-fig.1), wherein the actuator linkage further includes a second lever (Blessing: 24-fig.1) adjacent the handle (Blessing: see fig.1 showing 24 adjacent to 23) and coupled to the shaft (Blessing: see fig.1 showing 24 connect to 32 via 33), and wherein the second lever is pivotable between a non-actuated position corresponding to the first position of the first lever (Blessing: 4:57-5:46), and an actuated position corresponding to the second position of the first lever (Blessing: 4:57-5:46).
Claim 4: The extension pole assembly of claim 3, wherein an orientation of the second lever on the extension pole is adjustable about a longitudinal axis of the extension pole to adjust an orientation of the mount relative to a user's hand without adjusting an orientation of the mount relative to the extension pole (Blessing: 21 is two parts connected by 28 and 29 and therefore capable of being rotated about said joint to adjust the location of 24 relative to the tool).
Claim 5: The extension pole assembly of claim 1.
Blessing does not expressly teach a wireless communication protocol configured to remotely control the power tool.
However, Frenken teaches a wireless communication protocol configured to remotely control the power tool (¶[0018],[0037]).
Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to modify the device of Blessing, by having the attachment have a remote-controlled mode, as taught by Frenken, to have the linkage remotely controlled, thus eliminating the need for a shaft extending across the whole pole, which could fail or get stuck during operation of the pole.
Claim(s) 6-7 and 10-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Blessing (US 8,020,739) in view of Frenken (US 2020/0269410), further in view of Scott (US 2020/0055177).
Blessing as modified by Frenken teaches:
Claim 6: The extension pole assembly of claim 1.
Blessing as modified by Frenken does not expressly teach a battery pack mounted to the extension pole, wherein electric current from the battery pack powers the power tool.
However, Scott teaches a battery pack (542-fig.34) mounted to the extension pole (519-fig.34), wherein electric current from the battery pack powers the power tool (¶[0082]).
Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to modify the device of Blessing and Frenken, by having a battery pack on the extension pole on the handle portion, as taught by Scott, so the operator has easy access to the battery while the tool in in operation, such that if the tool dies while using the adapter the operator does not have to bring the tool down and disassemble the pole to access the tool.
Claim 7: The extension pole assembly of claim 1.
Blessing as modified by Frenken does not expressly teach a battery pack mounted to the handle, wherein electric current from the battery pack powers the power tool.
However, Scott teaches a battery pack (542-fig.34) mounted to the handle (517-fig.34), wherein electric current from the battery pack powers the power tool (¶[0082]).
Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to modify the device of Blessing and Frenken, by having a battery pack on the extension pole on the handle portion, as taught by Scott, so the operator has easy access to the battery while the tool in in operation, such that if the tool dies while using the adapter the operator does not have to bring the tool down and disassemble the pole to access the tool.
Blessing teaches:
Claim 10: A powered fastener driver assembly (10 and 20-fig.1) comprising:
a powered fastener driver (10-fig.1) including a housing (11-fig.1) having a driver portion (4:24-27) and a handle portion (12-fig.1) extending from the driver portion (see fig.1 showing 12 extending from the bottom of 11), and
an extension pole (20-fig.1) having a first extension pole end (annotated fig.1) and an opposite, second extension pole end coupled to the mount (annotated fig.1);
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a handle (23-fig.1) coupled to the first extension pole end (see annotated fig.1 showing 21 at the first end), the handle to be grasped by a user of the powered fastener driver (4:55-61); and
an actuator linkage (at least 34,30,31-fig.1) extending between the first extension pole end and the second extension pole end (see annotated fig.1 showing at least 34 extending between the first and second end), the actuator linkage including:
a shaft (34-fig.1) extending between the first extension pole end and the second extension pole end (see annotated fig.1 showing 34 extending between the first and second end),
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a hook (53-fig.1) supported by the mount and having a first portion (annotated fig.1) configured to engage a trigger of the power tool when supported within the mount (4:62-5:3), and
a lever (30-fig.1) pivotably coupled to the mount and having a first lever (annotated fig.1) end abutted with the shaft (4:55-5:3) and a second lever end (annotated fig.1) coupled to a second portion of the hook (annotated fig.1);
wherein, in response to movement of the shaft within the extension pole, the lever is pivotable from a first position towards a second position, in which the first portion of the hook depresses the trigger of the powered fastener driver (4:24-5:3).
wherein the mount at least partially encloses the driver portion of the housing (see fig.1 showing 22 is partially enclosing the driver portion, motor, of the powered fastener driver).
Blessing does not expressly teach a mount including a first mount portion and a second mount portion, the second mount portion configured to pivot relative to the first mount portion to at least partially enclose the power tool within the mount.
However, Frenken teaches a mount (13-fig.1) including a first mount portion (15-fig.1) and a second mount portion (16-fig.1), the second mount portion configured to pivot relative to the first mount portion to at least partially enclose the power tool within the mount (¶[0061]-[0063]).
Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to modify the device of Blessing, by having the tool attachment portion of an extension pole to be two pivotable clam shells, as taught by Frenken, to make a secure attachment with the tool by having the clam shell contoured to the shape of the tool, thus preventing the tool from shifting within the mount.
Blessing as modified by Frenken does not expressly teach a powered fastener driver having a driver portion in which a reciprocating drive blade is movable.
However, Scott teaches a powered fastener driver (10-fig.4) having a driver portion in which a reciprocating drive blade (20-fig.4) is movable (¶[0053]).
Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to modify the device of Blessing and Frenken, by having the power tool be a nail gun, as taught by Scott, as a well-known alternative powered fastener driver.
Blessing as modified by Frenken and Scott further teaches:
Claim 11: The powered fastener driver assembly of claim 10, wherein the lever is a first lever (Blessing: 30-fig.1), wherein the actuator linkage further includes a second lever (Blessing: 24-fig.1) adjacent the handle (Blessing: see fig.1 showing 24 adjacent to 23) and coupled to the shaft (Blessing: see fig.1 showing 24 connect to 32 via 33), and wherein the second lever is pivotable between a non-actuated position corresponding to the first position of the first lever (Blessing: 4:57-5:46), and an actuated position corresponding to the second position of the first lever (Blessing: 4:57-5:46).
Claim 12: The powered fastener driver assembly of claim 10.
Blessing does not expressly teach a wireless communication protocol configured to remotely control the power fastener driver.
However, Frenken teaches a wireless communication protocol configured to remotely control the power fastener driver (¶[0018],[0037]).
Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to modify the device of Blessing, by having the attachment have a remote-controlled mode, as taught by Frenken, to have the linkage remotely controlled, thus eliminating the need for a shaft extending across the whole pole, which could fail or get stuck during operation of the pole.
Claim 13: The powered fastener driver assembly of claim 10.
Blessing as modified by Frenken does not expressly teach a battery pack mounted to the handle, wherein electric current from the battery pack powers the powered fastener driver.
However, Scott teaches a battery pack (542-fig.34) mounted to the handle (517-fig.34), wherein electric current from the battery pack powers the powered fastener driver (¶[0082]).
Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to modify the device of Blessing and Frenken, by having a battery pack on the extension pole on the handle portion, as taught by Scott, so the operator has easy access to the battery while the tool in in operation, such that if the tool dies while using the adapter the operator does not have to bring the tool down and disassemble the pole to access the tool.
Claim 14: The powered fastener driver assembly of claim 10, further comprising a spring biasing (Blessing: 31-fig.1) the lever toward the first position (Blessing: 4:62-5:3).
Claim(s) 8-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Blessing (US 8,020,739) in view of Frenken (US 2020/0269410), further in view of Downs (US 3,166,757).
Blessing as modified by Frenken teaches:
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Claim 8: The extension pole assembly of claim 1, wherein the handle includes a cylindrical element (Blessing: annotated fig.1) adjacent to a grip portion of the handle (Blessing: annotated fig.1).
Blessing as modified by Frenken does not expressly teach a foam damper element, wherein the damper is configured to attenuate vibration transmitted from the power tool toward a user grasping the grip portion.
However, Downs teaches a foam damper element (11-fig.1), wherein the damper is configured to attenuate vibration transmitted from the power tool toward a user grasping the grip portion (2:57-68).
Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to modify the device of Blessing and Frenken, by having the handle be covered in rubber, as taught by Downs, “to minimize the transmission of such vibrations to the hand of a workman employing the tool”. (Downs 2:61-63)
Claim 9: The extension pole assembly of claim 1, a handle (Blessing: 23-fig.1) at an end of the handle opposite the mount (Blessing: 22-fig.1).
Blessing as modified by Frenken does not expressly teach the handle includes a rubber shock absorber.
However, Downs teaches the handle (11-fig.1) includes a rubber shock absorber (2:57-68).
Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to modify the device of Blessing and Frenken, by having the handle be covered in rubber, as taught by Downs, “to minimize the transmission of such vibrations to the hand of a workman employing the tool”. (Downs 2:61-63)
Claim(s) 15-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Blessing (US 8,020,739) in view of Frenken (US 2020/0269410), further in view of D’Alessandro (US 5,787,590).
Blessing teaches:
Claim 15: An extension pole assembly (20-fig.1) for a power tool (10-fig.1), the extension pole assembly comprising:
a mount (22-fig.1);
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an extension pole (20-fig.1) having a first extension pole end (annotated fig.1) and an opposite, second extension pole end coupled to the mount (annotated fig.1);
a handle (23-fig.1) coupled to the first extension pole end (see annotated fig.1 showing 21 at the first end), the handle to be grasped by a user of the power tool (4:55-61); and
an actuator linkage (at least 34,30,31-fig.1) extending between the first extension pole end and the second extension pole end (see annotated fig.1 showing at least 34 extending between the first and second end), the actuator linkage including a lever (30-fig.1) pivotably coupled to the mount (4:24-5:3), the lever being pivotable from a first position towards a second position to actuate the power tool (4:24-5:3).
Blessing does not expressly teach a mount including a first mount portion and a second mount portion, the second mount portion configured to pivot relative to the first mount portion to at least partially enclose the power tool within the mount.
However, Frenken teaches a mount (13-fig.1) including a first mount portion (15-fig.1) and a second mount portion (16-fig.1), the second mount portion configured to pivot relative to the first mount portion to at least partially enclose the power tool within the mount (¶[0061]-[0063]).
Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to modify the device of Blessing, by having the tool attachment portion of an extension pole to be two pivotable clam shells, as taught by Frenken, to make a secure attachment with the tool by having the clam shell contoured to the shape of the tool, thus preventing the tool from shifting within the mount.
Blessing as modified by Frenken does not expressly teach the mount is made of carbon fiber.
However, D’Alessandro teaches the mount (14,16-fig.2) is made of carbon fiber (2:59-3:8).
Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to modify the device of Blessing and Frenken, by having the mount be made of carbon fiber, as taught by D’Alessandro, because carbon fiber is known to be highly durable, resists corrosion, and light weight.
Blessing as modified by Frenken and D’Alessandro teaches:
Claim 16: The extension pole assembly of claim 15, further comprising a spring biasing (Blessing: 31-fig.1) the lever toward the first position (Blessing: 4:62-5:3).
Claim 17: The extension pole assembly of claim 15, wherein the lever is a first lever (Blessing: 30-fig.1), wherein the actuator linkage further includes a second lever (Blessing: 24-fig.1) adjacent the handle (Blessing: see fig.1 showing 24 adjacent to 23), and wherein the second lever is pivotable between a non-actuated position corresponding to the first position of the first lever (Blessing: 4:57-5:46), and an actuated position corresponding to the second position of the first lever (Blessing: 4:57-5:46).
Claim 18: The extension pole assembly of claim 17, wherein an orientation of the second lever on the extension pole is adjustable about a longitudinal axis of the extension pole to adjust an orientation of the mount relative to a user's hand without adjusting an orientation of the mount relative to the extension pole (Blessing: 21 is two parts connected by 28 and 29 and therefore capable of being rotated about said joint to adjust the location of 24 relative to the tool).
Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Blessing (US 8,020,739) in view of Frenken (US 2020/0269410), further in view of D’Alessandro (US 5,787,590) and Scott (US 2020/0055177).
Blessing as modified by Frenken and D’Alessandro teaches:
Claim 19: The extension pole assembly of claim 18.
Blessing as modified by Frenken and D’Alessandro does not expressly teach a battery pack mounted to the extension pole, wherein electric current from the battery pack powers the power tool.
However, Scott teaches a battery pack (542-fig.34) mounted to the extension pole (519-fig.34), wherein electric current from the battery pack powers the power tool (¶[0082]).
Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to modify the device of Blessing and Frenken and D’Alessandro, by having a battery pack on the extension pole on the handle portion, as taught by Scott, so the operator has easy access to the battery while the tool in in operation, such that if the tool dies while using the adapter the operator does not have to bring the tool down and disassemble the pole to access the tool.
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Blessing (US 8,020,739) in view of Frenken (US 2020/0269410), further in view of D’Alessandro (US 5,787,590) and Downs (US 3,166,757).
Blessing as modified by Frenken and D’Alessandro teaches:
Claim 20: The extension pole assembly of claim 18.
Blessing as modified by Frenken and D’Alessandro does not expressly teach the handle includes a rubber shock absorber.
However, Downs teaches the handle (11-fig.1) includes a rubber shock absorber (2:57-68).
Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to modify the device of Blessing and Frenken and D’Alessandro, by having the handle be covered in rubber, as taught by Downs, “to minimize the transmission of such vibrations to the hand of a workman employing the tool”. (Downs 2:61-63)
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KATIE L GERTH whose telephone number is (303)297-4602. The examiner can normally be reached Monday-Thursday 9am-4pm (CT).
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/KATIE L GERTH/Examiner, Art Unit 3731
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