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 .
Claim Objections
Claims 1, 2, 10, and 11 are objected to because of the following informalities:
-Claim 1, line 7, “executing via the controller:” would be better recited as “executing, via the controller, steps of:”.
-Claim 1, line 14, “a plurality of fasteners” should instead be recited as “the plurality of fasteners”.
-Claim 2, line 3, “”from the magazine” should instead be recited as “from the magazine assembly”.
-Claim 10, line 7, “executing via the controller:” would be better recited as “executing, via the controller, steps of:”.
-Claim 10, line 16, “a plurality of fasteners” should instead be recited as “the plurality of fasteners”.
-Claim 11, line 3, “from the magazine” should instead be recited as “from the magazine assembly”.
- Appropriate correction is required.
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 1-18 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding Claim 1, lines 9-10 recite “applying a first electric pulse to the driver actuator to transitionally drive the driver actuator along the drive axis to drive the lead fastener into a workpiece”. This limitation renders the claim indefinite for several reasons. First, it is unclear as to what is meant by “transitionally driven” and the specification does not readily provide further clarification as to what is meant by such a phrase. Second, it is unclear as to how the “driver actuator” is driven along the “drive axis” as in view of the specification, the actuator is moved along its own “actuator axis” (95) not the “drive axis” (118). And lastly, it is unclear as to how the drive actuator drives the fastener as claimed because in light of the specification, it is the driver that would appear to drive the fastener and the actuator moves the driver into a position to be driven by the flywheel and does not, itself, drive the fastener. In conclusion, due to the lack of clarity and inconsistency within Applicant’s specification, the claimed limitations render the claimed invention indefinite.
Regarding Claim 5, the claim recites “initiating a time delay between a falling edge of the first electric pulse and energizing the motor following the first electric pulse.” This limitation renders the claim indefinite as it is unclear as to what is meant by initiating a delay between a “falling edge” and whether this is merely referring to an end of a pulse or a portion of the pulse. It is noted that such “falling edge” language is not recited within the specification. Further, it is unclear if “and energizing the motor following the first electric pulse” is referring to the “energizing the motor for at least a portion of a time following the first electric pulse” of claim 1 or a different energizing. For these reasons, the claim is rendered indefinite.
Regarding Claim 10, the claim also recites “applying a first electric pulse to the driver actuator to transitionally drive the driver actuator along the drive axis to drive the lead fastener into a workpiece” and therefore is rendered indefinite for the same reasonings as Claim 1.
Regarding Claim 14, the claim recites “initiating a time delay between a falling edge of the first electric pulse and reenergizing the motor following the first electric pulse.” This limitation renders the claim indefinite as it is unclear as to what is meant by initiating a delay between a “falling edge” and whether this is merely referring to an end of a pulse or a portion of the pulse. It is noted that such “falling edge” language is not recited within the specification. Further, it is unclear if “and reenergizing the motor following the first electric pulse” is referring to the “reenergizing the motor for at least a portion of a time following the first electric pulse” of claim 10 or a different energizing. For these reasons, the claim is rendered indefinite.
Claims 2-4, 6-9, 11-13, and 15-18 are also rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite.
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 1-3, 8, and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Chien (US PGPUB 2022/0040836).
Regarding Claim 1, Chien discloses a method of operating a power tool (Figure 2), wherein the power tool includes:
a housing (body 2, muzzle unit 3) having a nosepiece assembly (muzzle unit 3);
a motor (52) rotatably operating a flywheel (51; Para. 0037);
a feed assembly (pushing member 42, valve 43, spring 44, spring 45; Figure 4) having a feed actuator (solenoid valve 43) that presents a lead fastener (N) of a plurality of fasteners (N) into the nosepiece assembly (3; Para. 0031);
a drive assembly including a drive actuator (solenoid valve 55) and a driver (54, 541), wherein the drive actuator (55) moves the driver (54, 541) into engagement with the flywheel (51) such that energy is transferred from the flywheel (51) to the driver (54, 541) to cause the driver (54, 541) to move translationally (Para. 0037, 0038, 0041, 0050, 0061), and a controller (6; Figure 2),
the method comprising executing via the controller (6):
energizing the motor (52) to operate the flywheel (51; Para. 0037);
applying a first electric pulse (of “nail-striking solenoid valve”) to the driver actuator (55) to transitionally drive the driver actuator (55) along the drive axis to drive the lead fastener into a workpiece (see Para. 0045, 0050, 0069; note the 112 rejections above);
energizing the motor (52) for at least a portion of a time (see “T” in Figure 12) following the first electric pulse (of “nail-striking solenoid valve”) and prior to a second electric pulse (of “nail-feeding solenoid valve”; see Figure 12 which clearly shows the motor operated between the pulses associated with actuators 55 and 43 during the “continuous-firing mode” outlined in Para. 0069);
applying the second electric pulse (of “nail-feeding solenoid valve”) to the feed actuator (43) to present a subsequent lead fastener (N) of a plurality of fasteners into the nosepiece assembly (3; Paras. 0042-0046, 0048, 0070);
deenergizing the motor (52) or reducing a supply of electrical energy to the motor (52) for at least a portion of a time during the second electric pulse (of “nail-feeding solenoid valve”; see the last pulse of the “nail-feeding solenoid valve” depicted in Figure 12 as the motor is energized and subsequently deenergized during the last pulse); and
However, although Chien does not readily disclose the controller executing the step of reenergizing the motor (52) after the second electric pulse (of “nail-feeding solenoid valve” of Figure 12) in the manner as claimed, Chien discloses actuation of the trigger switch activates the motor and therefore any subsequent actuation of the trigger will reenergize the motor after the last second electric pulse (Para. 0069; in Figure 12).
Therefore, in order to achieve a subsequent firing after the sequence depicted in Figure 12, it would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to have reenergized the motor of Chien in the manner as claimed.
Regarding Claim 2, Chien, as modified, discloses a magazine assembly (41) configured to hold the plurality of fasteners (N; Para. 0030), wherein applying the second electric pulse comprises causing the subsequent lead fastener to be fed from the magazine assembly (41) into the nosepiece assembly (3; Para. 0030-0031).
Regarding Claim 3, Chien, as modified, discloses calculating a first time period (“a predetermined nail-striking time period”; Para. 0045) associated with the first electric pulse and a second time period (“a predetermined nail-feeding time period”; Para. 0046) associated with the second electric pulse, and providing a time delay time interval (“T”; Para. 0046) between the first and second electric pulses during which the motor is energized following the first electric pulse (as taught by Garber; see Para. 0046 of Chien which discloses counting the time period and once the time period “T” is reached, activating the feeding operation).
Regarding Claim 8, Chien, as modified, discloses the feed assembly (42-45) further comprises a biasing spring (45) and a feed rod (431) configured to move the lead fastener (N) into the nosepiece assembly (3; Para. 0034-0035), the biasing spring (45) configured to bias the feed rod (431) into a first position (toward the muzzle unit 3), wherein applying the first electric pulse comprises causing the feed actuator (43) to move the feed rod (431) to a second position (away from 3 when energized; Para. 0035), against a biasing force of the biasing spring (45), for moving said lead fastener into the nosepiece assembly (3; see Paras. 0034-0035).
Regarding Claim 9, Chien, as modified, discloses the drive actuator (55; Para. 0036) and the feed actuator (43; Para. 0029) comprises a solenoid (Paras. 0029, 0036).
Claims 4, 5, 10-14, 17 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Chien (US PGPUB 2022/0040836), in view of Garber (US PGPUB 2016/0207185).
Regarding Claim 4, Chien discloses several features of the claimed invention but does not readily disclose deenergizing the motor or reducing a supply of electrical energy to the motor for at least a portion of a time during the first electric pulse.
However, Chien does not readily disclose the controller executing the step of deenergizing the motor or reducing a supply of electrical energy to the motor for at least a portion of a time during the first electric pulse;
Attention can be brought to the teachings of Garber which includes another tool (10; Figure 1) which includes a controller (54; Figure 2) for controlling a firing sequence including activating a motor (32) to drive a flywheel (34; at 510; Figure 5), sending a pulse (i.e. at 534 in Figure 5; Para. 0064) to an actuator (44) to cause a driver (28) to engage the flywheel (34) and wherein when the pulse is sent to the actuator (44), the current supplied to the motor (32) is reduced/stopped (Para. 0065; Figure 5) and subsequently the motor (32) is reenergized (Para. 0068).
It would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to have modified the controller of Chien such that current supply to the motor is reduced and stopped during the first electric pulse as taught by Garber. By modifying Chien in this manner, the speed of the flywheel can be readily controlled and prevented from exceeding a desired speed. Further, by stopping the current supplied, power can be readily conserved and further overfiring and damage due to continuous excessive speed/torque applied to the driver can be readily prevented. It is noted that if the motor is not deenergized during/after firing, the driver will not be capable of returning or at least be at risk of misfiring. Therefore, by deactivating the motor, the driver can return to a retracted position without misfiring or interference due to the motor continuously being energized.
Regarding Claim 5, Chien, as modified, discloses initiating a time delay (“T”; Para. 0046) between a falling edge of the first electric pulse (of “nail-striking solenoid valve” 55) and energizing the motor (52) following the first electric pulse (of “nail-striking solenoid valve”; see modification in view of Garber above).
Regarding Claim 10, Chien discloses a method of operating a power tool (Figure 2), wherein the power tool includes:
a housing (body 2, muzzle unit 3) having a nosepiece assembly (muzzle unit 3);
a motor (52) rotatably operating a flywheel (51; Para. 0037);
a feed assembly (pushing member 42, valve 43, spring 44, spring 45; Figure 4) having a feed actuator (solenoid valve 43) that presents a lead fastener (N) of a plurality of fasteners (N) into the nosepiece assembly (3; Para. 0031);
a drive assembly including a drive actuator (solenoid valve 55) and a driver (54, 541), wherein the drive actuator (55) moves the driver (54, 541) into engagement with the flywheel (51) such that energy is transferred from the flywheel (51) to the driver (54, 541) to cause the driver (54, 541) to move translationally (Para. 0037, 0038, 0041, 0050, 0061), and a controller (6; Figure 2),
the method comprising executing via the controller (6):
energizing the motor (52) to operate the flywheel (51; Para. 0037);
applying a first electric pulse to the driver actuator (55) to transitionally drive the driver actuator (55) along the drive axis to drive the lead fastener into a workpiece (see Para. 0045, 0050, 0069; note the 112 rejections above);
reenergizing the motor (52) for at least a portion of a time following the first electric pulse (of “nail-striking solenoid valve”) and prior to a second electric pulse (of “nail-feeding solenoid valve”; note Figure 12 continually shows the motor being supplied with current and therefore is continuously being “energized” as long as trigger signal is detected; Para. 0063); and
applying the second electric pulse (of “nail-feeding solenoid valve”) to the feed actuator (43) to present a subsequent lead fastener (N) of a plurality of fasteners into the nosepiece assembly (3; Paras. 0042-0046, 0048, 0070).
However, Chien does not readily disclose the controller executing the step of deenergizing the motor or reducing a supply of electrical energy to the motor for at least a portion of a time during the first electric pulse;
Attention can be brought to the teachings of Garber which includes another tool (10; Figure 1) which includes a controller (54; Figure 2) for controlling a firing sequence including activating a motor (32) to drive a flywheel (34; at 510; Figure 5), sending a pulse (i.e. at 534 in Figure 5; Para. 0064) to an actuator (44) to cause a driver (28) to engage the flywheel (34) and wherein when the pulse is sent to the actuator (44), the current supplied to the motor (32) is reduced/stopped (Para. 0065; Figure 5) and subsequently the motor (32) is reenergized (Para. 0068).
It would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to have modified the controller of Chien such that current supply to the motor is reduced and stopped during the first electric pulse as taught by Garber. By modifying Chien in this manner, the speed of the flywheel can be readily controlled and prevented from exceeding a desired speed. Further, by stopping the current supplied, power can be readily conserved and further overfiring and damage due to continuous excessive speed/torque applied to the driver can be readily prevented. It is noted that if the motor is not deenergized during firing, the driver will not be capable of returning or at least at risk of misfiring. Therefore, by deactivating the motor, the driver can return to a retracted position without misfiring or interference due to the motor continuously being energized.
Regarding Claim 11, Chien, as modified, discloses a magazine assembly (41) configured to hold the plurality of fasteners (N; Para. 0030), wherein applying the second electric pulse comprises causing the subsequent lead fastener to be fed from the magazine assembly (41) into the nosepiece assembly (3; Para. 0030-0031).
Regarding Claim 12, Chien, as modified, discloses calculating a first time period (“a predetermined nail-striking time period”; Para. 0045) associated with the first electric pulse and a second time period (“a predetermined nail-feeding time period”; Para. 0046) associated with the second electric pulse, and providing a time delay time interval (“T”; Para. 0046) between the first and second electric pulses during which the motor is energized following the first electric pulse (as taught by Garber; see Para. 0046 of Chien which discloses counting the time period and once the time period “T” is reached, activating the feeding operation).
Regarding Claim 13, Chien, as modified, discloses deenergizing the motor (52) or reducing a supply of electrical energy to the motor (52) for at least a portion of a time during the second electric pulse (of “nail-feeding solenoid valve”; see the last pulse of the “nail-feeding solenoid valve” depicted in Figure 12 as the motor is energized and subsequently deenergized during the last pulse).
Regarding Claim 14, Chien, as modified, discloses initiating a time delay (“T”; Para. 0046) between a falling edge of the first electric pulse (of “nail-striking solenoid valve” 55) and energizing the motor (52) following the first electric pulse (of “nail-striking solenoid valve”; see modification in view of Garber above).
Regarding Claim 17, Chien, as modified, discloses the feed assembly (42-45) further comprises a biasing spring (45) and a feed rod (431) configured to move the lead fastener (N) into the nosepiece assembly (3; Para. 0034-0035), the biasing spring (45) configured to bias the feed rod (431) into a first position (toward the muzzle unit 3), wherein applying the first electric pulse comprises causing the feed actuator (43) to move the feed rod (431) to a second position (away from 3 when energized; Para. 0035), against a biasing force of the biasing spring (45), for moving said lead fastener into the nosepiece assembly (3; see Paras. 0034-0035).
Regarding Claim 18, Chien, as modified, discloses the drive actuator (55; Para. 0036) and the feed actuator (43; Para. 0029) comprises a solenoid (Paras. 0029, 0036).
Claims 6 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Chien (US PGPUB 2022/0040836), in view of Brendal (US PGPUB 2014/0076951).
Regarding Claims 6 and 7, Chien, as modified, discloses the flywheel (51) disposed on the motor (52; in order to drive flywheel per Para. 0037) and the drive assembly (51, 53) further comprises an arm (swing arm 53), wherein the arm pushes the driver (54, 541) into engagement with the flywheel (51; Para. 0041), however, Chien fails to disclose the motor being an outer rotor brushless motor (52) and the drive assembly (51, 53) comprises a roller, wherein the arm is spring biased by a spring towards a first position wherein applying the first electric pulse comprises causing the drive actuator (55) to press against the spring to move the arm into a second position such that the arm moves the roller to push the driver into engagement with the flywheel to cause the translational movement of the driver.
Attention can be brought to Brendal which teaches a fastening tool (10; Figure 1) comprising an outer rotor brushless motor (40; Para. 0028), a drive actuator (44; Figure 5) and a drive system comprising a flywheel (42), a swing arm (3004) and a roller (3008; Figures 4-5 and Para. 0031), wherein the motor (40) is configured to drive the flywheel (42), and wherein the arm (3004) is spring biased by a spring (3108) towards a first position (Figure 4) and the drive actuator (55) is configured to press against the spring (3108) to move the arm (3004) into a second position (Figure 5) such that the arm (3004) moves the roller (3008) to push a driver (32) into engagement with the flywheel (42) to cause the translational movement of the driver (32; see Para. 0035-0037).
First, it would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to have embodied the motor of Chien as an outer rotor brushless motor as taught by Brendal as such brushless motors are known to have better power densities and therefore the weight of the tool can be readily reduced without sacrificing power output.
Further, it would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to have incorporated a biased swing arm and roller arrangement as taught by Brendal into the drive system of Chien. By modifying Chien in this manner, the roller engagement of the driver to push the driver into engagement with the flywheel will reduce friction between the driver and its engagement with the swing arm and therefore reduce damage and wear over time.
Claims 15 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Chien (US PGPUB 2022/0040836), in view of Garber (US PGPUB 2016/0207185), as applied to Claim 10, and in further view of Brendal (US PGPUB 2014/0076951).
Regarding Claims 15 and 16, Chien, as modified, discloses the flywheel (51) disposed on the motor (52; in order to drive flywheel per Para. 0037) and the drive assembly (51, 53) further comprises an arm (swing arm 53), wherein the arm pushes the driver (54, 541) into engagement with the flywheel (51; Para. 0041), however, Chien fails to disclose the motor being an outer rotor brushless motor (52) and the drive assembly (51, 53) comprises a roller, wherein the arm is spring biased by a spring towards a first position wherein applying the first electric pulse comprises causing the drive actuator (55) to press against the spring to move the arm into a second position such that the arm moves the roller to push the driver into engagement with the flywheel to cause the translational movement of the driver.
Attention can be brought to Brendal (see previous 103 rejection).
First, it would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to have embodied the motor of Chien as an outer rotor brushless motor as taught by Brendal as such brushless motors are known to have better power densities and therefore the weight of the tool can be readily reduced without sacrificing power output.
Further, it would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to have incorporated a biased swing arm and roller arrangement as taught by Brendal into the drive system of Chien. By modifying Chien in this manner, the roller engagement of the driver to push the driver into engagement with the flywheel will reduce friction between the driver and its engagement with the swing arm and therefore reduce damage and wear over time.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See “Notice of References Cited”.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSHUA G KOTIS whose telephone number is (571)270-0165. The examiner can normally be reached Monday - Thursday 6am-430pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Shelley Self can be reached on 571-272-4524. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JOSHUA G KOTIS/Examiner, Art Unit 3731 6/3/2026
Prosecution Insights