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 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 1-14 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, it recites the limitation "a fastener and to drive a fastener" in line 11. The second mention of a fastener is deemed to be the same fastener and should be “said fastener”.
Regarding Claim 6, it recites the limitation "a fastener and to drive a fastener" in line 62. The second mention of a fastener is deemed to be the same fastener and should be “said fastener”.
Regarding Claim 6, it recites the limitation "the axis of rotation of the at least one motor" in line 83. There is insufficient antecedent basis for this limitation in the claim.
Regarding Claim 11, it recites the limitation "a fastener and to drive a fastener" in line 134. The second mention of a fastener is deemed to be the same fastener and should be “said fastener”.
Regarding claims 2-5, 7-10 and 12-14, each of these claims are dependent on a rejected base claim and contain the same indefinite subject matter.
Claim Rejections - 35 USC § 102
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 (i.e., changing from AIA to pre-AIA ) 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 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.
Claim(s) 6 and 10 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Deng (US 2025/0187161 A1).
Regarding claim 6, Deng discloses a mechanical drive assembly (figs. 1-6) for a fastener driving tool (100), the drive assembly comprising:
(a) a gearbox (fig. 3 – element that houses 42; paragraph 0024 – “gearbox”), the gearbox including a gearbox input shaft (see fig. 3 below) that is rotatable, and a gearbox output shaft (see fig. 3 below) that is rotatable, the gearbox creating a ratio change such that the gearbox input shaft and the gearbox output shaft rotate at different rotational speeds (paragraph 0024 – “the gear transmission mechanism 42 is used to reduce speed while increasing torque. The gear transmission mechanism 42 includes one stage of planetary gear or a plurality of stages of planetary gear; in this embodiment, the gear transmission mechanism 42 includes three stages of planetary gear”);
(b) at least one motor (41), the at least one motor including a motor shaft (see fig. 3 below) that is rotatable (paragraph 0024);
(c) a driver (20; fig. 4; includes 21, 22 and 23) that is sized and shaped to contact a fastener and to drive a fastener (paragraph 0025 – “The impactor 21 is used to drive fasteners into the workpiece”) from the fastener driving tool along a longitudinal axis (fig. 1; 1st direction for 20) of movement of the driver, during a driving portion of an operating cycle of the fastener driving tool, the driver including a plurality of spaced-apart extensions (231, 232); and
(d) a lifter (43; 430, 431, 432, 433, 435, 436) that includes a lifter rotor (430, 431, 432) that is rotatable (paragraph 0024), and that is in mechanical communication with the gearbox output shaft (fig. 3), the lifter rotor including at least one protrusion (431, 432) at an outer surface of the lifter rotor, the at least one protrusion being sized and shaped to mechanically engage with the plurality of spaced-apart extensions of the driver at least during a lifting portion of the operating cycle of the fastener driving tool (paragraphs 0024-0026, 0031);
(e) wherein:
(i) the motor shaft of the at least one motor is co-linear with the gearbox input shaft (fig. 3), and is mechanically coupled to the gearbox input shaft, and causes the gearbox input shaft to rotate during at least the lifting portion of the operating cycle of the fastener driving tool (paragraphs 0024-0026, 0031);
(ii) the gearbox input shaft is in mechanical communication with the lifter rotor through the gearbox (fig. 3), and causes the lifter rotor to rotate during at least the lifting portion of the operating cycle of the fastener driving tool (paragraphs 0024-0026, 0031);
(iii) the gearbox output shaft is substantially parallel to, or is co-linear with, the gearbox input shaft (fig. 3);
(iv) the gearbox output shaft is substantially parallel to, or is co-linear with, an axis of rotation of the lifter rotor (fig. 3); and
(v) the axis of rotation of the at least one motor is in a transverse direction with respect to the longitudinal axis of movement of the driver (figs. 1-5).
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Regarding claim 10, Deng discloses wherein the gearbox comprises at least one of: a strainwave gearbox; a planetary gearbox (fig. 3; paragraph 0024); and a cycloidal gearbox.
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 (i.e., changing from AIA to pre-AIA ) 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 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Deng (US 2025/0187161 A1) in view of Harrington et al. (US 2024/0316736 A1) hereinafter referred to as Harrington.
Regarding claim 7, Deng discloses a working cylinder (10) that includes an air spring (paragraph 0023), but does not disclose the fastener driving tool further comprising: a working cylinder that includes a cylindrical sleeve and a movable piston therewithin; a storage chamber that is in fluidic communication with the working cylinder, the storage chamber being charged with a pressurized gas; the driver being in mechanical communication with the movable piston; and the pressurized gas causing the movable piston to move along the longitudinal axis of movement of the driver during the driving portion of the operating cycle of the fastener driving tool, wherein the pressurized gas is not vented to atmosphere during each operating cycle of the fastener driving tool, but instead the pressurized gas is re-used for a plurality of operating cycles.
However, Harrington teaches disclose the fastener driving tool (10; fig. 33) further comprising: a working cylinder (108) that includes a cylindrical sleeve (48) and a movable piston (58) therewithin; a storage chamber (36) that is in fluidic communication with the working cylinder, the storage chamber being charged with a pressurized gas (paragraphs 0063-0064); the driver (50) being in mechanical communication with the movable piston; and the pressurized gas causing the movable piston to move along the longitudinal axis of movement of the driver during the driving portion of the operating cycle of the fastener driving tool, wherein the pressurized gas is not vented to atmosphere during each operating cycle of the fastener driving tool, but instead the pressurized gas is re-used for a plurality of operating cycles (paragraphs 0063-0064).
Given the teachings of Harrington, it would have been obvious to one of ordinary skill in the art before the time of effective filing to modify the invention of Deng with the working cylinder, piston and storage chamber of Harrington. Deng suggests using an air spring to motivate the driver. Harrington makes use of such a concept using a piston, working cylinder and storage chamber. Doing so would allow the driver to be repeatedly fired without having to wear down the mechanism of a helical spring and keeping forces consistent by not venting air after each stroke.
Allowable Subject Matter
Claims 1-5 and 11-14 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Claims 8-9 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See Notice of References Cited. The art not relied upon generally pertains to nail drivers utilizing motor reset devices. Of the prior art not cited above, Rux (US 2020/0130157 A1) is deemed to be among the most relevant references.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW M TECCO whose telephone number is (571)270-3694. The examiner can normally be reached M-F 11a-7p.
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, Anna Kinsaul can be reached at (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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/ANDREW M TECCO/ Primary Examiner, Art Unit 3731
