Prosecution Insights
Last updated: August 17, 2026
Application No. 19/413,011

DRIVING TOOL

Non-Final OA §102
Filed
Dec 09, 2025
Priority
Dec 24, 2024 — JP 2024-227254 +2 more
Examiner
CHUKWURAH, NATHANIEL C
Art Unit
3731
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
MAKITA Corporation
OA Round
1 (Non-Final)
85%
Grant Probability
Favorable
1-2
OA Rounds
2y 1m
Est. Remaining
96%
With Interview

Examiner Intelligence

Grants 85% — above average
85%
Career Allowance Rate
1245 granted / 1469 resolved
+14.8% vs TC avg
Moderate +11% lift
Without
With
+11.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
33 currently pending
Career history
1495
Total Applications
across all art units

Statute-Specific Performance

§101
0.7%
-39.3% vs TC avg
§103
46.1%
+6.1% vs TC avg
§102
32.4%
-7.6% vs TC avg
§112
8.2%
-31.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1469 resolved cases

Office Action

§102
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 . Examiner’s Comments This office action is in response to the application filed on 12/9/2025. Claims 1-20 are pending. Information Disclosure Statement The information disclosure statement (IDS) submitted on 12/9/2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. 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. Claims 1-2, 4, 10-11, 13-14 and 18-20 are rejected under 35 U.S.C.102(a)(1) as being anticipated by NAGAO et al. (US 2023/0364763) hereinafter (NAGAO). With regard to claim 1, Nagao discloses a driving tool (1) comprising: a driving mechanism (30) configured to bias a driver forward; a lifter (20) configured to move the driver rearward; an upstream rotating member (29) positioned in a power transmission path (see fig.3) that transfers power from an electric motor (31) to the lifter (20), the upstream rotating member (29) being configured to rotate around an axis thereof; a downstream rotating member (22) configured to rotate coaxially with the upstream rotating member on a downstream side of the upstream rotating member; and a buffering member (50) interposed between the upstream rotating member (29) and the downstream rotating member (22), wherein a rotational power of the upstream rotating member (21) is transmitted to the downstream rotating member while being buffered through the buffering member (50). With regard to claim 2, Nagao discloses a driving tool (1), wherein the buffering member (50) includes a first side surface and a second side surface, the first side surface is substantially perpendicular to and elastically contacts an upstream side surface of the upstream rotating member (29) in a rotation direction, and the second side surface is substantially perpendicular to and elastically contacts a downstream side surface of the downstream rotating member (22) in the rotation direction relative to the first side surface (as seen in fig.6). With regard to claim 4, Nagao discloses a driving tool (1), wherein the downstream rotating member rotates integrally with a lifter shaft of the lifter (20), and the upstream rotating member (29) rotates integrally with a final driven gear at a most downstream position in the power transmission path (see fig.4). With regard to claim 10, Nagao discloses a driving tool (1), wherein the power transmission path includes a planetary reduction mechanism (fig.5), a bevel gear unit, and the buffering member (50), the planetary reduction mechanism is configured to reduce an output of the electric motor (31), and the bevel gear unit is configured to change a direction of the output of the electric motor. With regard to claim 11, Nagao discloses a driving tool (1), wherein the bevel gear unit is positioned downstream of the planetary reduction mechanism (fig. 5), and the upstream rotating member (29), the downstream rotating member (22), and the buffering member (50) are positioned on a downstream side of the planetary reduction mechanism and on an upstream side of the bevel gear unit. With regard to claim 13, Nagao discloses a driving tool (1), wherein the driving mechanism (15) includes a piston (13) configured to move integrally with the driver and an accumulation chamber (14) configured to be pressurized by a rearward movement of the piston. With regard to claim 14, Nagao discloses a driving tool (1), wherein the buffering member (50) is substantially fan-shaped when viewed from a direction in which the buffering member (50) is inserted between the upstream rotating member and the downstream rotating member (fig.4). With regard to claim 18, Nagao discloses a driving tool (1), wherein the upstream rotating member (29) is a carrier of the planetary reduction mechanism. With regard to claim 20, Nagao discloses a driving tool (1), wherein the carrier (41b) includes a hole at a radial center thereof, the hole having a recess formed in a circumferential direction of the carrier (41b), the downstream rotating member (22) includes a projection (43f) extending radially outward from an outer circumferential surface thereof, and the buffering member (50) is interposed between the recess and the projection. Allowable Subject Matter Claims 3, 5-9, 12, 15-17 and 19 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. With respect to claim 3, Nagao fails to disclose, wherein the upstream rotating member includes an upstream inclined side surface that is inclined relative to the rotation direction, the downstream rotating member includes a downstream inclined side surface that faces the upstream inclined side surface and is inclined in the rotation direction. With respect to claim 5, Nagao fails to disclose, a ball that is interposed between an inner circumferential surface of the downstream rotating member and an outer circumferential surface of the lifter shaft, wherein the downstream rotating member and the lifter shaft are configured to be coupled together through the ball to prevent relative rotation therebetween. With regard to claim 6, Nagao fails to disclose, wherein the upstream rotating member further includes external teeth formed on the outer circumferential surface thereof and a recess formed on a surface thereof facing the downstream rotating member, and at least a part of the buffering member is housed within the recess. With regard to claim 12, Nagao fail to disclose, a stopper configured to restrict a reverse rotation of the planetary reduction mechanism, and a holding member for the buffering member, wherein the holding member is configured to serves as a structural component of the stopper. Conclusion Refer to attachment for notice of references cited and recommended for consideration based on their disclosure of limitations of the claimed invention. Any inquiry concerning this communication or earlier communications from the examiner should be directed to NATHANIEL C. CHUKWURAH whose telephone number is (571)272-4457. The examiner can normally be reached M-F & T-F 7-4:30 IFP. 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 571-260-1926. 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. /NATHANIEL C CHUKWURAH/Primary Examiner, Art Unit 3731 7/29/2026
Read full office action

Prosecution Timeline

Dec 09, 2025
Application Filed
Jul 31, 2026
Non-Final Rejection mailed — §102 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

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POWER PACK FOR ACTIVATING SURGICAL INSTRUMENTS
1y 8m to grant Granted Aug 04, 2026
Patent 12697704
Anchoring Tool
1y 3m to grant Granted Aug 04, 2026
Patent 12690864
SURGICAL INSTRUMENT AND METHOD AND DEVICE FOR CONTROLLING ITS POSTURE
1y 6m to grant Granted Jul 28, 2026
Patent 12687074
SYSTEM FOR MOVING MAST OF DRILLING MACHINE
2y 2m to grant Granted Jul 21, 2026
Patent 12685531
A SURGICAL STAPLE CARTRIDGE AND A SURGICAL END EFFECTOR ASSEMBLY WITH BUMPS
1y 9m to grant Granted Jul 21, 2026
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
85%
Grant Probability
96%
With Interview (+11.0%)
2y 9m (~2y 1m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1469 resolved cases by this examiner. Grant probability derived from career allowance rate.

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