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 .
This Office Action is in response to the applicant’s filing on 11/18/2025.
Claims 1-16 are pending and examined below.
Priority
Acknowledgment is made of applicant's claim for foreign priority based on an application filed in CN on 04/25/2024, 04/30/2024, and 05/11/2024. It is noted, however, that applicant has not filed a certified copy of the CN202410513500.9, CN202410545156.1, CN202410545655.0, CN202410547353.7, CN202410547537.3, CN202410587672.0, and 202420884212.X applications as required by 37 CFR 1.55.
Claim Objections
Claim 7 is objected to because of the following informalities: the claim includes reference character which is not enclosed within parentheses. Appropriate correction is required.
Reference characters corresponding to elements recited in the detailed description of the drawings and used in conjunction with the recitation of the same element or group of elements in the claims should be enclosed within parentheses so as to avoid confusion with other numbers or characters which may appear in the claims. See MPEP § 608.01(m).
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 1-2, 5-6, 8-10, and 16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by reference Hegarty et al. (11,524,396).
Regarding claim 1, Hegarty et al. disclose a fastener driver (100) comprising:
a housing (104);
a striking assembly comprising a striking member (120) configured to strike a fastener (150);
a power mechanism (144) that generates power for driving the striking member (120) and comprises a gas spring mechanism or a mechanical spring mechanism;
an electric motor (130) disposed in the housing; and
a battery pack (113) that powers at least the electric motor (130),
wherein the striking member (120) comprises a striking end (10) for striking the fastener (150), and
wherein the striking end (10) is provided with a recess (15).
(Figures 6, 19 and Column 4 lines 65-67, Column 5 lines 13-14, Column 8 lines 36-42, Column 12 lines 21-33, Column 13 lines 3-5)
Regarding claim 2, Hegarty et al. disclose the recess (15) receives at least part of the fastener (150). (Figure 18)
Regarding claim 5, Hegarty et al. disclose:
a fastener support (112) at least partially defining a drive track (114) of the fastener (150); and
a magazine (102) configured to accommodate the fastener (150),
wherein the fastener (150) enters the drive track (114) to be struck by the striking assembly, and
wherein the drive track (114) guides the fastener (150) when the fastener (150) is driven into a working surface (W) by the striking member (120).
(Column 7 lines 44-51)
Regarding claim 6, Hegarty et al. disclose a central axis of the drive track (114) coincides with an axis of the striking member (120). (Column 12 lines 63-66)
Regarding claim 8, Hegarty et al. disclose recess (15) is arc-shaped. (Figure 19)
Regarding claim 9, Hegarty et al. disclose at least one segment of a contour of the recess (15) is an arc (22), a fitted line (20), or an oblique line. (Figure 19)
Regarding claim 10, Hegarty et al. disclose a contour of the recess (15) is a unary quadratic fitted curve, a polynomial fitted curve, a single arc, a plurality of arcs, or is formed by connecting a plurality of straight lines (18, 20) and a plurality of arcs (22). (Figure 19)
Regarding claim 16, Hegarty et al. disclose a fastener driver (100) comprising:
a housing (104);
a striking assembly comprising a striking member (120) configured to strike a fastener (150);
a power mechanism (144) that generates power for driving the striking member (120) and comprises a gas spring mechanism or a mechanical spring mechanism;
an electric motor (130) disposed in the housing; and
a battery pack (113) that powers at least the electric motor (130),
wherein the striking member (120) comprises a striking end (10) for striking the fastener (150),
wherein the striking end (10) is provided with an impact surface (15),
wherein a contour of the impact surface (15) comprises a curve (22).
(Figures 6, 19 and Column 4 lines 65-67, Column 5 lines 13-14, Column 8 lines 36-42, Column 12 lines 21-33, Column 13 lines 3-5)
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 1-2, 5-6, 8-13 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over reference Garces et al. (11,654,540) in view of reference Hilti (2,896,209).
Regarding claim 1, Garces et al. disclose a fastener driver (10) comprising:
a housing (38);
a striking assembly comprising a striking member (26) configured to strike a fastener;
a power mechanism (18, 22) that generates power for driving the striking member (26) and comprises a gas spring mechanism or a mechanical spring mechanism;
an electric motor (50) disposed in the housing (38); and
a battery pack (62) that powers at least the electric motor (50).
(Figure 2 and Column 8 lines 59-65, Column 9 lines 12-18, 24-27)
However, Garces et al. do not disclose the striking member comprises a striking end provided with a recess.
Hilti discloses a striking member (36) comprising a striking end, wherein the striking end is provided with a recess (67). (Figure 2 and Column 3 lines 1-4)
It would have been obvious to the person of ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to have modified the striking member of Garces et al. by incorporating the recess as taught by Hilti, since column 3 lines 31-36 of Hilti states such a modification would help ensure the head of the fastener is align with the striking member.
Regarding claim 2, Garces et al. modified by Hilti disclose the recess (Hilti – 67) receives at least a part of the fastener. (Hilti – Column 3 lines 1-4)
Regarding claim 5, Garces et al. modified by Hilti disclose:
a fastener support (Garces et al. – 228) at least partially defining a drive track (Garces et al. – 122) of the fastener; and
a magazine (Garces et al. – 14) configured to accommodate the fastener,
wherein the fastener enters the drive track (Garces et al. – 122) to be struck by the striking assembly, and
wherein the drive track (Garces et al. – 122) guides the fastener when the fastener is driven into a working surface by the striking member (Garces et al. – 26).
(Garces et al. – Column 20 lines 14-17, 29-32)
Regarding claim 6, Garces et al. modified by Hilti disclose a central axis of the drive track (Garces et al. – 122) coincides with an axis of the striking member (Garces et al. – 26). (Garces et al. – Column 20 lines 32-34)
Regarding claim 8, Garces et al. modified by Hilti disclose the recess (Hilti – 67) is arc-shaped. (Hilti – Figure 2)
Regarding claim 9, Garces et al. modified by Hilti disclose at least one segment of a contour of the recess is an arc, a fitted line, or an oblique line. (Hilti – Figure 2)
Regarding claim 10, Garces et al. modified by Hilti disclose a contour of the recess (Hilti – 67) is a unary quadratic fitted curve, a polynomial fitted curve, a single arc (Hilti – 67), a plurality of arcs, or is formed by connecting a plurality of straight lines and a plurality of arcs. (Hilti – Figure 2)
Regarding claim 11, Garces et al. modified by Hilti disclose the recess (Hilti – 67) is triangle. (Hilti – Column 3 lines 34-36)
Regarding claim 12, Garces et al. disclose the width (W2) of a striking end portion (176) is smaller than the width (W1) of the body portion (160). (Figure 7 and Column 11 lines 5-8) Hilti discloses the depth of the recess is less than the width of the striking end portion. (Figure 2)
However, Garces et al. modified by Hilti disclose do not disclose the depth of the recess is between 0.2 mm and 0.5 mm.
It would have been obvious to the person of ordinary skill in the art to have the depth of the recess be between 0.2 mm and 0.5 mm, since it has been held that mere scaling of a prior art capable of being scaled up or down involves only routine skill in the art. [MPEP 2144.04 (IV)]
On page 41 paragraph 184 of the Specification, the recess is disclosed to have a depth between 0.2 mm and 0.5 mm and an opening between 0.2 mm and 0.5 mm. The Specification as originally filed does not disclose any criticality for the claimed feature. Therefore, it would have been prima facie obvious to modify Garces et al. and Hilti to obtain the invention as specified in claim 12 because such a modification would have been considered a mere design consideration which fails to patentably distinguish over the prior art.
Regarding claim 13, Garces et al. disclose the width (W2) of a striking end portion (176) is smaller than the width (W1) of the body portion (160). (Figure 7 and Column 11 lines 5-8) Hilti discloses the depth of the recess is less than the width of the striking end portion. (Figure 2)
However, Garces et al. modified by Hilti disclose do not disclose the width of the recess is between 0.2 mm and 0.5 mm.
It would have been obvious to the person of ordinary skill in the art to have the width of the recess be between 0.2 mm and 0.5 mm, since it has been held that mere scaling of a prior art capable of being scaled up or down involves only routine skill in the art. [MPEP 2144.04 (IV)]
On page 41 paragraph 184 of the Specification, the recess is disclosed to have a depth between 0.2 mm and 0.5 mm and an opening between 0.2 mm and 0.5 mm. The Specification as originally filed does not disclose any criticality for the claimed feature. Therefore, it would have been prima facie obvious to modify Garces et al. and Hilti to obtain the invention as specified in claim 12 because such a modification would have been considered a mere design consideration which fails to patentably distinguish over the prior art.
Regarding claim 16, Garces et al. disclose a fastener driver (10) comprising:
a housing (38);
a striking assembly comprising a striking member (26) configured to strike a fastener;
a power mechanism (18, 22) that generates power for driving the striking member (26) and comprises a gas spring mechanism or a mechanical spring mechanism;
an electric motor (50) disposed in the housing (38); and
a battery pack (62) that powers at least the electric motor (50).
(Figure 2 and Column 8 lines 59-65, Column 9 lines 12-18, 24-27)
However, Garces et al. do not disclose the striking member comprises a striking end provided with a curved impact surface.
Hilti discloses a striking member (36) comprising a striking end, wherein the striking end is provided with an impact surface (67) comprising a curve. (Figure 2 and Column 3 lines 1-4)
It would have been obvious to the person of ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to have modified the striking member of Garces et al. by incorporating the impact surface as taught by Hilti, since column 3 lines 31-36 of Hilti states such a modification would help ensure the head of the fastener is align with the striking member.
Claims 3-4 and 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over reference Garces et al. (11,654,540) in view of reference Hilti (2,896,209) as applied to claim 1 above, and further in view of reference Liao (10,906,165).
Regarding claim 3, Garces et al. modified by Hilti disclose the claimed invention as stated above but do not disclose the striking end portion has a greater hardness than the remainder of the striking member.
Liao discloses a striking member comprising: a body portion (2); and a striking end portion (3), wherein the striking end portion (3) has a greater hardness than the body portion (2). (Figure 2 and Column 2 lines 53-59)
It would have been obvious to the person of ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to have modified the striking member of Garces et al. by incorporating the striking end portion as taught by Liao, since column 2 lines 12-16 of Liao states such a modification would provide impact and wear resistance.
Regarding claim 4, Garces et al. modified by Hilti and Liao disclose striking member (Garces et al. – 26) comprises a body portion (Liao – 2), wherein the body portion (Liao – 2) comprises a connecting end (Liao – see figure 2 below), wherein the connecting end (Liao – see figure 2 below) is connected to the power mechanism (Garces et al. – 18, 22). (Garces et al. – Column 10 lines 62-67) (Liao – Figure 2)
[AltContent: arrow][AltContent: textbox (Connecting End)][AltContent: textbox (Liao)]
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Regarding claim 14, Garces et al. modified by Hilti and Liao disclose the body portion (Liao – 2) and the striking end portion (Liao – 3) are fixedly connected to each other or integrally formed. (Liao – Column 3 lines 9-15)
Regarding claim 15, Garces et al. modified by Hilti and Liao disclose the Rockwell hardness of the striking end portion (Liao – 3) is greater than or equal to 55 HRC. (Liao – 4 lines 11-15)
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over reference Garces et al. (11,654,540) in view of reference Hilti (2,896,209) as applied to claim 5 above, and further in view of reference Mukoyama (5,222,646).
Regarding claim 7, Garces et al. modified by Hilti disclose the claimed invention as stated above but do not disclose an orthographic projection comprising two side lines, wherein the two side lines form angles of about 50º relative to a central axis.
Mukoyama disclose a projection (2) comprising two side lines (8) forming an angle of about 50º relative to a central axis, wherein a drive track extends along the central axis. (Figure 4, 5C and Column 2 lines 10-12, 35-36, 47-50)
It would have been obvious to the person of ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to have modified the fastener driver of Garces et al. by incorporating the projection as taught by Mukoyama, since column 1 lines 34-38 of Mukoyama states such a modification would allow the fastener driver to drive a nail obliquely without insufficient or excessive driving force.
Conclusion
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/PATRICK B FRY/Examiner, Art Unit 3731 July 11, 2026
/SHELLEY M SELF/Supervisory Patent Examiner, Art Unit 3731
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