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.
Claim 2 is 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 2, “a connecting portion” is indefinite because it is unclear if “a connecting portion” in claim 2 is the same as “a connecting portion” in claim 1. For examination purposes, “a connecting portion” in claim 2 is being interpreted as “the connecting portion”.
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.
(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, 4-5 and 7-8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mikat-Stevens (US 2020/0246949).
Regarding claim 1, Mikat-Stevens discloses a driving tool comprising:
a piston (Para. 0031) configured to move due to gas pressure (Para. 0031);
a striker (See annotated Fig. 5A below) connected to the piston via a connecting portion (Fig. 5A, item 100) (Para. 0037) located at a lower side of the piston (Fig. 5A), wherein the striker and the piston are movable together (Para. 0037), and the striker is configured to strike a driven member (Para. 0037);
an engagement member (See annotated Fig. 5A below) (Fig. 5A, item 22b) configured to overlap the striker in a direction orthogonal (Fig. 5A, engagement member overlaps the striker because they are connected to one another and are formed of one piece) to a driving direction (Fig. 5A) and in a thickness direction of the striker (Fig. 5A) and wherein the engagement member has a plurality of engaging sections (Fig. 5A, item 94, 98) positioned along the driving direction (Fig. 5A);
a lifter (Para. 0033, 0036) having a plurality of engaged portions (Para. 0033, 0036), wherein the lifter is rotated by an electric motor (Fig. 1, item 38) for the plurality of engaged portions to sequentially engage with the plurality of engaging sections (Para. 0033, 0036);
a driving channel (Fig. 6A, elongated body 118 forms driving channel) (Fig. 6A, item 130) having guide walls (Fig. 6A, guide groove 130 and walls on the left and right side of the guide groove 130) (See annotated Fig. 6A below) (Para. 0039-0041) configured to guide left and right edges of the striker (Para. 0039-0041) in the driving direction (Para. 0039-0041); and
a release channel (Fig. 6A, item 138) (See annotated 6A below) configured for one of the plurality of engaging sections of the engagement member to pass through (Fig. 5A) (Para. 0040), wherein the guide walls and the release channel (Fig. 5A) (Para. 0040) are displaced in the thickness direction (Fig. 5A) (Para. 0040).
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Regarding claim 2, Mikat-Stevens discloses the driving tool according to claim 1, further comprising:
a connecting portion (Fig. 5A, item 100) (Para. 0037) configured to connect the striker and the engagement member (Para. 0037) in the thickness direction (Para. 0037), wherein the connecting portion has a width in a left-right direction (Fig. 5A) that is narrower than a width of the striker (Fig. 5A, width of hole 100 is less than width of striker); and
left and right guide rails (See annotated Fig. 6A above) disposed between the driving channel and the release channel (Fig. 6A, guide rails are located both in driving channel and in release channel) in the thickness direction (Fig. 6A), wherein a distance in the left-right direction between the left and right guide rails is narrower than a width of the driving channel (Fig. 6A, width of guide rails is less than width of driving channel) so that the left and right guide rails guide the connecting portion in the driving direction (Fig. 5A, guide rails guide the guiding projection 110 along the driving axis, such that as the guiding projection is moved along the guide rails, the driver blade 22 (including connecting portion 100) moves in the driving direction).
Regarding claim 4, Mikat-Stevens discloses the driving tool according to claim 1, wherein the striker has a flat plate shape (Fig. 5A, striker has a flat plate shape) (Para. 0035).
Regarding claim 5, Mikat-Stevens discloses the driving tool according to claim 1, wherein the striker is located within a width of the engagement member (See annotated Fig. 5A above, striker is within a width of engagement member because striker and engagement member are connected to each other and are one piece, with the striker and engagement member aligned along the longitudinal axis of the driver blade 22).
Regarding claim 7, Mikat-Stevens discloses the driving tool according to claim 1, wherein a thickness of the engagement member is greater than a thickness of the striker (See annotated Fig. 5A above) (Fig. 5B, thickness of engagement member in the width direction and the height direction (both perpendicular directions to longitudinal direction) is greater than thickness of the striker).
Regarding claim 8, Mikat-Stevens discloses the driving tool according to claim 1, wherein a center of thickness of the engagement member coincides with a center of the piston (See annotated Fig. 5A above, center line of engagement member is in line with center line of piston).
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 3, 6, and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Mikat-Stevens in view of Sato et al (US 2018/0154505), hereinafter Sato.
Regarding claim 3, Mikat-Stevens does not expressly disclose the driving tool according to claim 1, wherein: each of the plurality of engaged portions has a first end connected to a first flange of the lifter and a second end connected to a second flange of the lifter, the plurality of engaging sections and an area of the striker corresponding to the plurality of engaging sections fit in an axial area corresponding to an interval between the first flange and the second flange, and the engagement member and the area of the striker are located offset in the thickness direction of the striker.
However, Sato teaches a driving tool (Sato, Fig. 1) wherein each of a plurality of engaged portions (Sato, Fig. 21, item 41) has a first end connected to a first flange (Sato, Fig. 21, first flange is located on top side of rotary component 38 where pinion 41 contacts rotary component) of the lifter and a second end connected to a second flange of the lifter (Sato, Fig. 21, second flange is located on bottom side of rotary component 38 where pinion 41 contacts rotary component), the plurality of engaging sections (Sato, Fig. 4, item 42) and an area of the striker (Sato, Fig. 4, striker is tip of driver blade 23) corresponding to the plurality of engaging sections fit in an axial area corresponding to an interval between the first flange and the second flange (Sato, Fig. 4, striker and rack 42 contact pinions 41 in between the top surface and the bottom surface of the rotary component/lifter 76), and the engagement member and the area of the striker are located offset in the thickness direction of the striker (Sato, Fig. 4, engagement member 42 and striker are offset from lifter 76 in the left-right direction).
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 Mikat-Stevens and Sato to modify the driving tool of Sato to include the lifter features as taught by Sato. A person of ordinary skill in the art would have been motivated to make such change in order to provide a driving tool which is capable of handling a scenario in which a fastener is clogged or stuck in the nose piece (Sato, Para. 0010).
Regarding claim 6, Mikat-Stevens does not expressly disclose the driving tool according to claim 1, wherein a minimum distance between the striker and an engaged portion is less than a width of the striker.
However, Sato teaches a minimum distance between the striker and an engaged portion is less than a width of the striker (Sato, Fig. 4, when in the top loaded position, lifter 76 and engaged portion 41 is closer to striker (tip of driver blade 23) than the width of striker).
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 Mikat-Stevens and Sato to modify the driving tool of Sato to include the lifter configuration as taught by Sato. A person of ordinary skill in the art would have been motivated to make such change in order to provide a driving tool which is capable of handling a scenario in which a fastener is clogged or stuck in the nose piece (Sato, Para. 0010).
Regarding claim 9, Mikat-Stevens does not expressly disclose the driving tool according to claim 1, wherein the lifter further includes a first flange and a second flange, and the first and second flanges of the lifter are formed of one member.
However, Sato teaches a lifter (Sato, Fig. 21, item 38, 39, 41) including a first flange and a second flange (Sato, Fig. 21, each side of rotary component 38 has multiple flanges which are connected to pinions 41), and the first and second flanges of the lifter are formed of one member (Sato, Fig. 21, top side of rotary member, which includes multiple flanges, is formed of one member and bottom side of rotary member, which includes multiple flanges, is formed of one member).
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 Mikat-Stevens and Sato to modify the driving tool of Sato to include the lifter features as taught by Sato. A person of ordinary skill in the art would have been motivated to make such change in order to provide a driving tool which is capable of handling a scenario in which a fastener is clogged or stuck in the nose piece (Sato, Para. 0010).
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Mikat-Stevens.
Regarding claim 10, Mikat-Stevens does not expressly disclose the driving tool according to claim 1, wherein the striker and the engagement member are separate members and mutually joined.
However, it would have been obvious to one having ordinary skill in the art at the effective filing date of the invention to form the striker and engagement member as separate components joined together, since it has been held that constructing a formerly integral structure in various elements involves only routine skill in the art. Nerwin v. Erlichman, 168 USPQ 177, 179.
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.
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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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/VERONICA MARTIN/Primary Examiner, Art Unit 3731
