Prosecution Insights
Last updated: October 02, 2026
Application No. 19/412,460

NAIL GUN AND CONTROL METHOD THEREOF

Non-Final OA §103
Filed
Dec 08, 2025
Priority
Aug 30, 2023 — CN 202311110798.0 +10 more
Examiner
MARTIN, VERONICA
Art Unit
3731
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Nanjing Chervon Industry Co., Ltd.
OA Round
1 (Non-Final)
83%
Grant Probability
Favorable
1-2
OA Rounds
1y 7m
Est. Remaining
96%
With Interview

Examiner Intelligence

Grants 83% — above average
83%
Career Allowance Rate
324 granted / 392 resolved
+12.7% vs TC avg
Moderate +13% lift
Without
With
+13.4%
Interview Lift
resolved cases with interview
Typical timeline
2y 4m
Avg Prosecution
23 currently pending
Career history
426
Total Applications
across all art units

Statute-Specific Performance

§101
0.9%
-39.1% vs TC avg
§103
46.2%
+6.2% vs TC avg
§102
25.0%
-15.0% vs TC avg
§112
26.6%
-13.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 392 resolved cases

Office Action

§103
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 § 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. 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. Claims 19-20, 22-24, 26-31, and 33-36 are rejected under 35 U.S.C. 103 as being unpatentable over Lu et al (US 2021/0187635), hereinafter Lu, in view of Li et al (US 2023/0415315), hereinafter Li. Regarding claim 19, Lu discloses a tool (Fig. 1, item 10), comprising: a housing (Fig. 1, item 11); an electric motor (Fig. 1, item 13) disposed in the housing (Para. 0047); a temperature detection unit (Fig. 12, item 71, 711) that detects a temperature of at least one position in the tool (Para. 0164-0172, temperature sensor 711 of detection module 71 detects the temperature of the power tool); and a controller (Fig. 12, item 61) connected to at least the temperature detection unit (Para. 0164-0172) and that adjusts a minimum nailing time interval of the nail gun (Para. 0164-0172, minimum nailing time interview is adjusted based on the temperature detected because the control module 61 stops driving the motor when the temperature of the drive switch is above a predetermined threshold) when the temperature is greater than a temperature threshold (Para. 0164-0172). Lu is silent about the tool being a nail gun, the nail gun comprising: a firing assembly that moves from an initial position to a firing position to drive a nail into a workpiece and moves from the firing position to the initial position within a nailing cycle. However, Li teaches a nail gun (Li, Fig. 1, item 2) comprising: a housing (Li, Fig. 1, item 4); an electric motor (Li, Fig. 1, item 18) disposed in the housing; a firing assembly (Li, Fig. 1, item 14) that moves from an initial position (Li, Para. 0039-0041) to a firing position (Li, Para. 0039-0041) to drive a nail (Li, Fig. 1, item 12) into a workpiece (Li, Fig. 1, item 3) and moves from the firing position to the initial position within a nailing cycle (Li, Para. 0039-0041); a temperature detection unit (Li, Fig. 2, item 30) that detects a temperature of at least one position in the nail gun (Li, Para. 0047); and a controller (Li, Fig. 2, item 26, 28). It would have been obvious to a person of ordinary skill in the art at the effective filing date of the invention having the teachings of Lu and Li to modify the power tool of Lu to include the nail gun features of Li. A person of ordinary skill in the art would have been motivated to make such change in order to monitor critical safety characteristics of a nail gun to prevent damage to the tool and users (Li, Para. 0047). Regarding claim 20, Lu discloses the nail gun of claim 19, wherein a time interval from an end of one nailing cycle (Para. 0164-0172) to a start of a next nailing cycle is a nailing time interval (Para. 0164-0172, minimum nailing time interview is adjusted based on the temperature detected because the control module 61 stops driving the motor when the temperature of the drive switch is above a predetermined threshold). Regarding claim 22, Lu in view of Li does not expressly disclose the nail gun of claim 19, wherein the temperature and the minimum nailing time interval have a step-like changing relationship. However, it would have been an obvious matter of design choice to utilize a step-like changing relationship between temperature and the minimum nailing time interval, since applicant has not disclosed that a step-like changing relationship solves any stated problem or is for any particular purpose and it appears that the invention would perform equally as well with the relationship between temperature and minimum nailing time interval of Lu in view of Li. Regarding claim 23, Lu in view of Li does not expressly disclose the nail gun of claim 19, wherein the temperature and the minimum nailing time interval have a linear changing relationship. However, it would have been an obvious matter of design choice to utilize a linear changing relationship between temperature and the minimum nailing time interval, since applicant has not disclosed that a linear changing relationship solves any stated problem or is for any particular purpose and it appears that the invention would perform equally as well with the relationship between temperature and minimum nailing time interval of Lu in view of Li. Regarding claim 24, as combined above, Li teaches the nail gun of claim 19, wherein the temperature comprises at least one of a temperature of a circuit board in the nail gun (Li, Para. 0047), a temperature of the electric motor (Li, Para. 0047), a temperature of a heat dissipation opening, or a temperature of a striking portion. Regarding claim 26, Lu discloses a control method (Para. 0164-0172) of a tool (Fig. 1, item 10), the tool comprising a housing (Fig. 1, item 11); an electric motor (Fig. 1, item 13) disposed in the housing; and a temperature detection unit (Fig. 12, item 71, 711) that detects a temperature of at least one position in the tool (Para. 0164-0172, temperature sensor 711 of detection module 71 detects the temperature of the power tool); the method comprising: acquiring the temperature (Para. 0164-0172, temperature sensor 711 of detection module 71 detects the temperature of the power tool); and when the temperature is greater than a temperature threshold (Para. 0164-0172), adjusting a minimum nailing time interval of the nail gun (Para. 0164-0172, minimum nailing time interview is adjusted based on the temperature detected because the control module 61 stops driving the motor when the temperature of the drive switch is above a predetermined threshold). Lu is silent about the tool being a nail gun, the nail gun comprising: a firing assembly that moves from an initial position to a firing position to drive a nail into a workpiece and moves from the firing position to the initial position within a nailing cycle. However, Li teaches a nail gun (Li, Fig. 1, item 2) comprising: a housing (Li, Fig. 1, item 4); an electric motor (Li, Fig. 1, item 18) disposed in the housing; a firing assembly (Li, Fig. 1, item 14) that moves from an initial position (Li, Para. 0039-0041) to a firing position (Li, Para. 0039-0041) to drive a nail (Li, Fig. 1, item 12) into a workpiece (Li, Fig. 1, item 3) and moves from the firing position to the initial position within a nailing cycle (Li, Para. 0039-0041); a temperature detection unit (Li, Fig. 2, item 30) that detects a temperature of at least one position in the nail gun (Li, Para. 0047); and a controller (Li, Fig. 2, item 26, 28). It would have been obvious to a person of ordinary skill in the art at the effective filing date of the invention having the teachings of Lu and Li to modify the power tool of Lu to include the nail gun features of Li. A person of ordinary skill in the art would have been motivated to make such change in order to monitor critical safety characteristics of a nail gun to prevent damage to the tool and users (Li, Para. 0047). Regarding claim 27, Lu Discloses the control method of claim 26, wherein a time interval from an end of one nailing cycle (Para. 0164-0172) to a start of a next nailing cycle is a nailing time interval (Para. 0164-0172, minimum nailing time interview is adjusted based on the temperature detected because the control module 61 stops driving the motor when the temperature of the drive switch is above a predetermined threshold). Regarding claim 28, Lu discloses the control method of claim 26, further comprising: setting the minimum nailing time interval to T1 (Para. 0164-0172, when the temperature is less than the threshold, the speed of motor is set to one rate of change) when the temperature is less than or equal to the temperature threshold (Para. 0164-0172); and setting the minimum nailing time interval to T2 (Para. 0164-0172, when the temperature is less than the threshold, the speed of motor is set to another rate of change) when the temperature is greater than the temperature threshold. Lu in view of Li does not expressly disclose wherein T2 is greater than T 1. However, It would have been an obvious matter of design choice to set T2 greater than T1, since applicant has not disclosed that T2 being greater than T1 solves any stated problem or is for any particular purpose and it appears that the invention would perform equally as well with T1 being greater than T2, as taught by Lu. Regarding claim 29, Lu in view of Li does not expressly disclose the control method of claim 26, wherein the temperature and the minimum nailing time interval have a step-like changing relationship. However, it would have been an obvious matter of design choice to utilize a step-like changing relationship between temperature and the minimum nailing time interval, since applicant has not disclosed that a step-like changing relationship solves any stated problem or is for any particular purpose and it appears that the invention would perform equally as well with the relationship between temperature and minimum nailing time interval of Lu in view of Li. Regarding claim 30, Lu in view of Li does not expressly disclose the control method of claim 26, wherein the temperature and the minimum nailing time interval have a linear changing relationship. However, it would have been an obvious matter of design choice to utilize a linear changing relationship between temperature and the minimum nailing time interval, since applicant has not disclosed that a linear changing relationship solves any stated problem or is for any particular purpose and it appears that the invention would perform equally as well with the relationship between temperature and minimum nailing time interval of Lu in view of Li. Regarding claim 31, as combined above, Li teaches the control method of claim 26, wherein the temperature comprises at least one of a temperature of a circuit board in the nail gun (Li, Para. 0047), a temperature of the electric motor (Li, Para. 0047), a temperature of a heat dissipation opening, or a temperature of a striking portion. Regarding claim 33, Lu discloses a tool (Fig. 1, item 10), comprising: a housing (Fig. 1, item 11); an electric motor (Fig. 1, item 13) disposed in the housing (Para. 0047); a temperature detection unit (Fig. 12, item 71, 711) that detects a temperature of at least one position in the tool (Para. 0164-0172, temperature sensor 711 of detection module 71 detects the temperature of the power tool); and a controller (Fig. 12, item 61) connected to at least the temperature detection unit (Para. 0164-0172) and that adjusts a nailing frequency of the tool (Para. 0164-0172, when the temperature is less than the threshold, the speed of motor is set to one rate of change; when the temperature is less than the threshold, the speed of motor is set to another rate of change) according to the temperature of the tool (Para. 0164-0172). Lu is silent about the tool being a nail gun, the nail gun comprising: a firing assembly that moves from an initial position to a firing position to drive a nail into a workpiece and moves from the firing position to the initial position within a nailing cycle. However, Li teaches a nail gun (Li, Fig. 1, item 2) comprising: a housing (Li, Fig. 1, item 4); an electric motor (Li, Fig. 1, item 18) disposed in the housing; a firing assembly (Li, Fig. 1, item 14) that moves from an initial position (Li, Para. 0039-0041) to a firing position (Li, Para. 0039-0041) to drive a nail (Li, Fig. 1, item 12) into a workpiece (Li, Fig. 1, item 3) and moves from the firing position to the initial position within a nailing cycle (Li, Para. 0039-0041); a temperature detection unit (Li, Fig. 2, item 30) that detects a temperature of at least one position in the nail gun (Li, Para. 0047); and a controller (Li, Fig. 2, item 26, 28). It would have been obvious to a person of ordinary skill in the art at the effective filing date of the invention having the teachings of Lu and Li to modify the power tool of Lu to include the nail gun features of Li. A person of ordinary skill in the art would have been motivated to make such change in order to monitor critical safety characteristics of a nail gun to prevent damage to the tool and users (Li, Para. 0047). Regarding claim 34, Lu discloses the nail gun of claim 33, wherein the nailing frequency is a number of nailing times in a unit time (Para. 0164-0172). Regarding claim 35, Lu discloses the nail gun of claim 33, wherein the controller sets a nailing frequency to f1 (Para. 0164-0172, when the temperature is less than the threshold, the speed of motor is set to one rate of change) when the temperature is less than or equal to a temperature threshold (Para. 0164-0172) and sets the nailing frequency to f2 (Para. 0164-0172, when the temperature is less than the threshold, the speed of motor is set to another rate of change) when the temperature is greater than the temperature threshold (Para. 0164-0172), and f2 is less than f1. Lu in view of Li does not expressly disclose wherein f2 is greater than f1. However, It would have been an obvious matter of design choice to set F2 greater than F1, since applicant has not disclosed that F2 being greater than F1 solves any stated problem or is for any particular purpose and it appears that the invention would perform equally as well with F1 being greater than F2, as taught by Lu. Regarding claim 36, Lu in view of Li does not expressly disclose the nail gun of claim 33, wherein the temperature of the nail gun is inversely correlated to the nailing frequency. However, it would have been an obvious matter of design choice to utilize an inverse relationship between temperature and the minimum nailing time interval, since applicant has not disclosed that an inverse relationship solves any stated problem or is for any particular purpose and it appears that the invention would perform equally as well with the relationship between temperature and minimum nailing time interval of Lu in view of Li. Allowable Subject Matter Claims 21, 25, and 32 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Regarding claim 21, the relevant prior art, specifically Lu cited above, does not teach setting a minimum nailing time interval from an end of one nailing cycle to the start of a next nailing cycle based on whether the detected temperature is less than or greater than the temperature threshold, wherein the minimum nailing time interval when the temperature is greater than the threshold is greater than the minimum nailing time interval when the temperature is less than the threshold. Regarding claims 25 and 32, the relevant prior art, specifically Lu cited above, does not teach determining a time interval between a shutdown signal ending a previous nailing cycle and a startup signal and starting the electric motor if the time interval is greater than or equal to the minimum nailing time interval. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to VERONICA MARTIN whose telephone number is (571)272-3541. The examiner can normally be reached Monday-Thursday 8:00-6:00. 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. 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. /VERONICA MARTIN/Primary Examiner, Art Unit 3731
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Prosecution Timeline

Dec 08, 2025
Application Filed
Mar 05, 2026
Response after Non-Final Action
Aug 10, 2026
Non-Final Rejection mailed — §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
83%
Grant Probability
96%
With Interview (+13.4%)
2y 4m (~1y 7m remaining)
Median Time to Grant
Low
PTA Risk
Based on 392 resolved cases by this examiner. Grant probability derived from career allowance rate.

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