Prosecution Insights
Last updated: August 17, 2026
Application No. 19/443,226

NAIL GUN AND METHOD FOR CONTROLLING THE NAIL GUN

Non-Final OA §102§103
Filed
Jan 08, 2026
Priority
Aug 30, 2023 — CN 202311114950.2 +10 more
Examiner
RUSHING-TUCKER, CHINYERE J
Art Unit
3731
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Nanjing Chervon Industry Co., Ltd.
OA Round
1 (Non-Final)
74%
Grant Probability
Favorable
1-2
OA Rounds
2y 5m
Est. Remaining
86%
With Interview

Examiner Intelligence

Grants 74% — above average
74%
Career Allowance Rate
378 granted / 508 resolved
+4.4% vs TC avg
Moderate +11% lift
Without
With
+11.2%
Interview Lift
resolved cases with interview
Typical timeline
3y 0m
Avg Prosecution
18 currently pending
Career history
532
Total Applications
across all art units

Statute-Specific Performance

§101
0.6%
-39.4% vs TC avg
§103
50.8%
+10.8% vs TC avg
§102
24.9%
-15.1% vs TC avg
§112
21.2%
-18.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 508 resolved cases

Office Action

§102 §103
DETAILED ACTION Notice of Pre-AIA or AIA Status The present application is being examined under the pre-AIA first to invent provisions. This Action is in response to the Application filed 01/08/2026 The status of the Claims is as follows: Claims 1-20 are pending and have been examined. Information Disclosure Statement The information disclosure statement (IDS) submitted on 01/08/2026 and 06/05/2026 was filed after the mailing date of the Application on 01/08/2026. The submission 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 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)(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 1-6 and 12-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shima et al. (US 20100237124; Shima). Regarding Claim 1 Shima discloses a nail gun, comprising: a housing (1a, 1b); an electric motor (6) disposed in the housing (1a, 1b); a firing assembly (par 56) movable from an initial position to a firing position to drive a nail into a workpiece and movable from the firing position to the initial position within a nailing cycle; (par 56-57) a trigger switch (5) disposed on the housing (1a, 1b) and operated upon an intention to drive the firing assembly (par 56-57); a push rod switch (22) turned on when the push rod switch is pressed against the workpiece along a nailing direction; (par 52) and a controller (50) that is capable of at least acquiring a startup signal and at least controlling the electric motor to continue running until a nail is driven within a next nailing cycle when the startup signal is detected within a current nailing cycle. (par 63, 79-80, 101-103, 129-138) Regarding Claim 2 Shima discloses the invention as described above. Shima further discloses the controller is capable of acquiring the startup signal when the trigger switch is operated and the push rod switch is turned on. (par 63, 79-80, 101-103, 129-138) Regarding Claim 3 Shima discloses the invention as described above. Shima further discloses the nailing cycle comprises a first half cycle and a second half cycle, the firing assembly moves from the initial position to the firing position and drives the nail within the first half cycle, and the firing assembly moves from the firing position and stops at the initial position within the second half cycle. (par 137-138) Regarding Claim 4 Shima discloses the invention as described above. Shima further discloses when the startup signal is detected within a second half cycle of the current nailing cycle, the controller at least controls the electric motor to continue running until an end of a first half cycle of the next nailing cycle. (par 137-138) Regarding Claim 5 Shima discloses the invention as described above. Shima further discloses when the startup signal is detected within a second half cycle of the current nailing cycle, the controller at least adjusts a duty cycle of a control signal to control the electric motor to continue running until a first half cycle of the next nailing cycle. (par 129-138) Regarding Claim 6 Shima discloses the invention as described above. Shima further discloses the adjustment of the duty cycle by the controller comprises at least one of increasing the duty cycle, decreasing the duty cycle, and keeping the duty cycle constant. (par 129-138) Regarding Claim 12 Shima discloses a nail gun, comprising: a housing (1a, 1b); an electric motor (6) disposed in the housing (1a, 1b); a firing assembly (par 56) movable from an initial position to a firing position to drive a nail into a workpiece and movable from the firing position to the initial position within a nailing cycle; (par 56-57) a trigger switch (5) disposed on the housing (1a, 1b) and operated upon an intention to drive the firing assembly (par 56-57); a push rod switch (22) turned on when the push rod switch (22) is pressed against the workpiece along a nailing direction (par 52); and a controller (50) worked in a single drive mode or a continuous drive mode (par 17); wherein the controller (50) works in the continuous drive mode when the trigger switch is operated and the push rod switch abuts against the workpiece, and in the continuous drive mode, the controller controls a rotational speed of the electric motor to be at least nonzero within at least two consecutive nailing cycles. (par 63, 79-80, 101-103, 129-138) Regarding Claim 13 Shima discloses the invention as described above. Shima further discloses the nailing cycle comprises a first half cycle and a second half cycle, the firing assembly moves from the initial position to the firing position and drives the nail within the first half cycle, and the firing assembly moves from the firing position and stops at the initial position within the second half cycle. (par 137-138) Regarding Claim 14 Shima discloses the invention as described above. Shima further discloses when a startup signal is detected within a second half cycle of a current nailing cycle, the controller at least controls the electric motor to continue running until an end of a first half cycle of a next nailing cycle. (par 137-138) Regarding Claim 15 Shima discloses the invention as described above. Shima further discloses when a startup signal is detected within a second half cycle of a current nailing cycle, the controller at least adjusts a duty cycle of a control signal to control the electric motor to continue running until a first half cycle of a next nailing cycle. (par 129-138) Regarding Claim 16 Shima discloses a method for controlling a nail gun, wherein the nail gun comprises: a housing (1a, 1b); an electric motor (6) disposed in the housing (1a, 1b); a firing assembly (par 56) movable from an initial position to a firing position to drive a nail into a workpiece and movable from the firing position to the initial position within a nailing cycle (par 56-57); a trigger switch (5) disposed on the housing (1a, 1b) and operated upon an intention to drive the firing assembly (par 56-57); a push rod switch (22) turned on when the push rod switch (22) is pressed against the workpiece along a nailing direction (par 52); and a controller (50) that is capable of at least acquiring a startup signal and controlling the electric motor (6) to run; and the method comprises: at least controlling, upon detection of the startup signal within a current nailing cycle, the electric motor to continue running until a nail is driven within a next nailing cycle. (par 63, 79-80, 101-103, 129-138) Regarding Claim 17 Shima discloses the invention as described above. Shima further discloses the nailing cycle comprises a first half cycle and a second half cycle, the firing assembly moves from the initial position to the firing position and drives the nail within the first half cycle, and the firing assembly moves from the firing position and stops at the initial position within the second half cycle. (par 137-138) Regarding Claim 18 Shima discloses the invention as described above. Shima further discloses when the startup signal is detected within a second half cycle of the current nailing cycle, the electric motor is at least controlled to continue running until an end of a first half cycle of the next nailing cycle. (par 137-138) Regarding Claim 19 Shima discloses the invention as described above. Shima further discloses when the startup signal is detected within a second half cycle of the current nailing cycle, a duty cycle of a control signal is at least adjusted so that the electric motor is controlled to continue running until a first half cycle of the next nailing cycle. (par 129-138) 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 7, 8, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Shima (US 20100237124) in view of Yamamoto (US 20170100827). Regarding Claim 7 Shima discloses the invention as described above. Shima further discloses a state where the trigger switch is continuously operated and the push rod switch keeps abutting against the workpiece. (par 17, 54, 66, 80) However Shima does not expressly teach the controller controls a nailing distance interval of the firing assembly in a state where the trigger switch is continuously operated and the push rod switch keeps abutting against the workpiece. Yamamoto teaches a nail gun that includes a firing assembly, controller (19) push rod switch (7) and a trigger switch (411). Yamamoto further teaches the controller (19) controls a nailing distance interval of the firing assembly in a state where the trigger switch is continuously operated and the push rod switch keeps abutting against the workpiece providing reduced nail driving time for the purposes of improving the efficiency of the apparatus. (par 127-133) Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the apparatus to modify the controller of Shima to include controlling a nailing distance interval of the firing assembly in a state where the trigger switch is continuously operated and the push rod switch keeps abutting against the workpiece as taught by Yamamoto since par 127-133 of Yamamoto suggests that such a modification provides reduced nail driving time for the purposes of improving the efficiency of the apparatus. Regarding Claim 8 the modified invention of Shima in view of Yamamoto discloses the invention as described above. Yamamoto further teaches a detection device (17), wherein the detection device (17) is capable of at least detecting a distance by which the push rod switch (7) moves on the workpiece while keeping abutting against the workpiece, and the controller controls the firing assembly to drive the nail when the movement distance is substantially equal to the nailing distance interval. (par 127-133) Regarding Claim 20 Shima discloses the invention as described above. Shima further discloses a controller to control the firing assembly. However, Shima does not expressly teach controlling a nailing distance interval of the firing assembly in a state where the trigger switch is continuously operated and the push rod switch keeps abutting against the workpiece. Yamamoto teaches a nail gun that includes a firing assembly, controller (19) push rod switch (7) and a trigger switch (411). Yamamoto further teaches the controller (19) controls a nailing distance interval of the firing assembly in a state where the trigger switch is continuously operated and the push rod switch keeps abutting against the workpiece providing reduced nail driving time for the purposes of improving the efficiency of the method. (par 127-133) Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the apparatus to modify the step of controlling of Shima to include controlling a nailing distance interval of the firing assembly in a state where the trigger switch is continuously operated and the push rod switch keeps abutting against the workpiece as taught by Yamamoto since par 127-133 of Yamamoto suggests that such a modification provides reduced nail driving time for the purposes of improving the efficiency of the method. Allowable Subject Matter Claims 9-11 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 9 the Prior Art does not teach the detection device comprises a first rolling element disposed on a magazine assembly and a first detection element for detecting a number of rotations of the first rolling element. Regarding Claim 10 the Prior Art does not teach the detection device comprises a second rolling element linked to the push rod switch and a second detection element for detecting a number of rotations of the second rolling element or a rotation state of the second rolling element. Regarding Claim 11 the Prior Art does not teach an interaction device, wherein the interaction device is operable by a user to set a plurality of nailing gears, and different nailing gears correspond to different distance intervals. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHINYERE J RUSHING-TUCKER whose telephone number is (571)270-5944. The examiner can normally be reached 4 pm - 11:59 pm Monday - Friday. 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. /CHINYERE J RUSHING-TUCKER/Examiner, Art Unit 3731
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Prosecution Timeline

Jan 08, 2026
Application Filed
Jul 14, 2026
Non-Final Rejection mailed — §102, §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
74%
Grant Probability
86%
With Interview (+11.2%)
3y 0m (~2y 5m remaining)
Median Time to Grant
Low
PTA Risk
Based on 508 resolved cases by this examiner. Grant probability derived from career allowance rate.

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