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 .
Election/Restrictions
Claims 94-98 and 100 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Group and Species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 10/18/2023.
Drawings
The drawings are objected to because the reference line for reference number 38 flange in Figure 6 is incorrectly denoting the overpressure valve 83 of the pump 80 and instead should be denoting the flange 38 that sits on retaining shelf 39a forming part of the bore 39 (see spec. pg. 25, lines 20-21) and therefore number 38 and its associated reference line should be moved further down in Figure 6 to properly denote the flange 38.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: number 83, overpressure valve of pump 80 is not shown in Figure 6. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because of the following informalities:
Page 17, line 14, number “11” should be replaced with --13-- in order to properly denote the flutes 13; and
Page 19, line 21, the term “Figure 5” should be replaced with --Figure 6-- since the details discussed here pertain to Figure 6 and not to Figure 5.
Appropriate correction is required.
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.
Claims 79-81, 84-93, 99, and 101 are 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.
In regard to claim 85, lines 8-9, the term “the flow path between the second volume and the pneumatic actuator” lacks positive antecedent basis.
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.
Claim(s) 79, 81, 84-87, 99, and 101 is/are rejected under 35 U.S.C. 102(a)(1) as being clearly anticipated by Obergfell 3,561,324.
In regard to claim 79, Obergfell discloses the gas reservoir (source of compressed air) includes a pump (air compressors inherently have storage tanks and pumps associated therewith) to pressurize the reservoir using surrounding air.
In regard to claim 81, Obergfell discloses a housing (12, 42-43); wherein the pressurised gas reservoir (source of compressed air) is incorporated into at least part of the housing (source of compressed air is connected to 16 by a suitable flexible line).
In regard to claim 84, Obergfell discloses wherein the housing (12, 42-43) is a two-piece housing (12 forms a first piece and 42-43 form a second piece).
In regard to claim 85, Obergfell discloses a pneumatically actuated pest control device comprising: a pneumatic actuator (24) configured to strike a pest (via distal free end of depending driver blade member 28 in Fig. 4) when actuated; a first valve (trigger valve assembly 80) to control gas flow from a first volume (volume defined with cap 42 and which resides above diaphragm 40 in Fig. 1); a second valve (diaphragm 40 which seats against upper edge 18a of cylinder 18) to control gas flow from a second volume (16, 46) to the pneumatic actuator (24), the second valve including a valve seat (18a) and a valve seal (40) that separates the second volume (16, 46) from the pneumatic actuator (24) when the valve seal is seated on the valve seat (see Fig. 1), wherein there is no intermediate reservoir in the flow path between the second volume (16, 46) and the pneumatic actuator (24); and a gas inlet (suitable flexible line) to supply pressurised gas from a gas reservoir (source of compressed air) to the second volume (16, 46), wherein the gas inlet opens into the second volume (pressurized fluid such as compressed air is supplied to the fluid reservoir 16 of the tool 10 by a suitable flexible line; see col. 2, lines 60-63), wherein the second volume (16, 46) is upstream of the first volume (volume defined with cap 42 and which resides above diaphragm 40 in Fig. 1) such that the pressurised gas is supplied from the second volume to the first volume (pressurized gas is supplied to the first volume defined with cap 42 and which resides above diaphragm 40 in Fig. 1 via 100, 122; see directional flow arrows in Fig. 1 and see col. 5, line 73 to col. 6, line 6), and wherein upon activation of the first valve (via depression of trigger 90 of trigger valve assembly 80), gas flows out of the first volume (volume defined with cap 42 and which resides above diaphragm 40 in Fig. 1) via the first valve (trigger valve assembly 80; air from the first volume above diaphragm 40 exits via 122 and then into trigger passageway 100 which is exhausted to atmosphere through valve chamber 84 and exhaust passageway 94) which allows the valve seal of the second valve (40) to be unseated from the valve seat (18a) of the second valve (see Fig. 3) such that gas flows from the second volume (16, 46) to the pneumatic actuator (24) via the second valve to actuate the pneumatic actuator (see downward movement of 24 in Figs. 3-4).
In regard to claim 86, Obergfell discloses a two-piece housing (12, 42-43) wherein the gas reservoir (source of compressed air) is incorporated into at least part of the two-piece housing (source of compressed air is connected to 16 by a suitable flexible line) and wherein the two-piece housing includes a lower housing (12) and an upper housing (42-43) that, when connected to each other, enclose the first volume (volume defined with cap 42 and which resides above diaphragm 40 in Fig. 1), second volume (16, 46), and second valve (40, 18a; see Fig. 1).
In regard to claim 87, Obergfell discloses wherein the valve seal (40) provides a seal between the lower housing (12) and upper housing (42-43) when connected (see Fig. 1).
In regard to claim 99, Obergfell discloses a housing (12, 42-43); wherein: the pneumatic actuator (24) is within the housing (see Fig. 1); the pressurised gas reservoir (source of compressed air) is incorporated into at least part of the housing (source of compressed air is connected to 16 by a suitable flexible line); and the first (volume defined with cap 42 and which resides above diaphragm 40 in Fig. 1) and second (40, 18a) valves are within the housing (see Fig. 1).
In regard to claim 101, Obergfell discloses wherein the pneumatic actuator (24) comprises a piston body (28) and wherein the pneumatic actuator (24) is configured to strike the pest with the piston body (via distal free end of depending driver blade member 28 in Fig. 4).
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.
Claim(s) 81, 84, 86, 87, and 99 is/are rejected under 35 U.S.C. 103 as being unpatentable over Obergfell 3,561,324 in view of Largo 2013/0082083.
Alternatively in regard to claims 81, 84, 86 and 99, Obergfell discloses a two-piece housing (12, 42-43) wherein the gas reservoir (source of compressed air) is distinct from at least part of the two-piece housing/housing (source of compressed air is connected to 16 by a suitable flexible line) and wherein the two-piece housing includes a lower housing (12) and an upper housing (42-43) that, when connected to each other, enclose the first volume (volume defined with cap 42 and which resides above diaphragm 40 in Fig. 1), second volume (16, 46), and second valve (40, 18a; see Fig. 1), but does not disclose wherein the gas reservoir is incorporated into at least part of the two-piece housing/housing. Largo discloses wherein the gas reservoir (24) is incorporated into at least part of the two-piece housing/housing (12 & 22 which extends downwardly from 12 in Fig. 2). It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the gas reservoir of Obergfell such that it is incorporated into at least part of the two-piece housing/housing in view of Largo in order to allow the device to be used independently of any pneumatic connection for supplying compressed air to the device so that the user is not hindered in utilizing the device in remote or hard to reach locations.
In regard to claim 87, Obergfell discloses wherein the valve seal (40) provides a seal between the lower housing (12) and upper housing (42-43) when connected (see Fig. 1).
Claim(s) 88-89 is/are rejected under 35 U.S.C. 103 as being unpatentable over Obergfell 3,561,324 in view of Largo 2013/0082083.
In regard to claims 88-89, Obergfell does not disclose a pressure sensor to sense gas pressure in the gas reservoir or in a flow line between the gas reservoir and the pneumatic actuator; and control circuitry operatively connected to the pressure sensor and configured to determine actuation or proper functioning of the pest control device or control circuitry to prevent actuation of the pneumatic actuator of the pest control device during a prescribed condition. Largo discloses a pressure sensor (pressure sensor and gauge 92 optionally located in the low-pressure intake tube 90 and/or at high pressure mounting fitting 86 for monitoring pneumatic pressure between container 24 and intake tube 90 and control system 74 is programmed to receive and compare pressure data from respective pressure sensors/gauges 92 located in the flow path before 92a and after 92b regulator 30; see paras. 0036-37) to sense gas pressure in the gas reservoir or in a flow line between the gas reservoir (24) and the pneumatic actuator (32, 34, 36); and control circuitry (control system 74) operatively connected to the pressure sensor (92 with 92a-b) and configured to determine actuation or proper functioning of the pest control device (microprocessor 76 configured to compare transmitted pressure data from gauges 92a-b and in the event that both gauges transmit a similar pressure value, the significance is that container 24 is close to being empty and the user has a limited number of fasteners that can be driven before a refill container is obtained; see para. 0037) or control circuitry to prevent actuation of the pneumatic actuator of the pest control device during a prescribed condition. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Obergfell such that it further comprises a pressure sensor to sense gas pressure in the gas reservoir or in a flow line between the gas reservoir and the pneumatic actuator; and control circuitry operatively connected to the pressure sensor and configured to determine actuation or proper functioning of the pest control device or control circuitry to prevent actuation of the pneumatic actuator of the pest control device during a prescribed condition
In regard to claim 89, Obergfell and Largo disclose communication circuitry (user interface 80 of Largo configured to display or emit an alarm to the user to replace the container 24) operatively connected to the control circuitry (control system 74 of Largo).
Claim(s) 90-92 is/are rejected under 35 U.S.C. 103 as being unpatentable over Obergfell 3,561,324 in view of Largo 2013/0082083 and Schnell et al. 2017/0001291 or Burke 2008/0135598.
In regard to claim 90, Obergfell does not disclose control circuitry configured to prevent actuation of the pneumatic actuator of the pest control device during a prescribed condition. Largo discloses control circuitry (control system 74) operatively connected to the pressure sensor (92 with 92a-b) and configured to determine proper functioning of the pest control device (microprocessor 76 configured to compare transmitted pressure data from gauges 92a-b and in the event that both gauges transmit a similar pressure value, the significance is that container 24 is close to being empty and the user has a limited number of fasteners that can be driven before a refill container is obtained; see para. 0037) and to alert the user during a prescribed condition (when container 24 is close to being empty). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Obergfell such that it comprises control circuitry in view of Largo in order to alert the user when the supply of compressed gas is below a threshold level and therefore requires replacement or refilling for proper operation of the device. Obergfell and Largo do not disclose the control circuitry configured to prevent actuation of the pneumatic actuator of the pest control device during a prescribed condition. Schnell et al. and Burke disclose the control circuitry configured to prevent actuation of the pneumatic actuator of the pest control device during a prescribed condition (abnormal operation is detected by monitoring system 262 and if the sequence of piston movement is not correct, the method 400 considers the number of sequential abnormal cycles is greater than a predetermined number and if the number of abnormal cycles is greater than the predetermined number, the fastener driver is shut down and use of the fastener drive 10 is prevented until the battery 34 is removed and replaced; see para. 0115 OR low pressure lock-out system 560 prevents movement of trigger valve stem 510 so a user cannot actuate trigger valve stem when trying to actuate the device by applying force to trigger 148 in low source pressure situations since fasteners can be insufficiently driven into a work piece due to insufficient pressure and this feature prevents nails from being partially driven into a workpiece and reduces waste of fasteners while improving work production and efficiency; see paras. 0090-91). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the control circuitry of Oberfell and Largo such that it is configured to prevent actuation of the pneumatic actuator of the pest control device during a prescribed condition in view of Schnell et al. or Burke in order to provide a mechanism that halts the actuation of the device when operating conditions are less than optimal so as to prevent the use of a faulty operating device.
In regard to claim 91, Obergfell, Largo, and Schnell et al. or Burke disclose wherein the prescribed condition is determined based on a comparison of a value to a threshold (microprocessor 76 configured to compare transmitted pressure data from gauges 92a-b and in the event that both gauges transmit a similar pressure value, the significance is that container 24 is close to being empty and the user has a limited number of fasteners that can be driven before a refill container is obtained; see para. 0037 of Largo).
In regard to claim 92, Obergfell, Largo, and Schnell et al. or Burke disclose wherein the prescribed condition is when the pressure sensor (92a-b of Largo) indicates that the pressure of the gas is below a first threshold (microprocessor 76 configured to compare transmitted pressure data from gauges 92a-b and in the event that both gauges transmit a similar pressure value, the significance is that container 24 is close to being empty and the user has a limited number of fasteners that can be driven before a refill container is obtained---see para. 0037 of Largo; also see paras. 0090-91 of Burke).
Claim(s) 93 is/are rejected under 35 U.S.C. 103 as being unpatentable over Obergfell 3,561,324.
In regard to claim 93, Obergfell does not disclose wherein the gas reservoir has a volume greater than 100 milliliters, greater than about 300 milliliters, greater than about 1000 milliliters, or greater than about 3000 milliliters. It would have been an obvious matter of design choice before the effective filing date of the claimed invention to design the gas reservoir of Obergfell such that it has a volume greater than 100 milliliters, greater than about 300 milliliters, greater than about 1000 milliliters, or greater than about 3000 milliliters since applicant has not disclosed that by doing so is critical to the design or produces any unexpected results, and because it would have been obvious to one of ordinary skill in the art to design the gas reservoir of Obergfell to have such a volume in order to have sufficient compressed gas capacity to carry out the desired number of actuations of the device before having to refill the gas reservoir and also to account for the appropriate size of the gas reservoir given design requirements such as space available at the deployment location and the overall size of the device itself which must be transported to the deployment location.
Claim(s) 79, 80, and 93 is/are rejected under 35 U.S.C. 103 as being unpatentable over Obergfell 3,561,324 in view of Bond et al. 2014/0059917 or Lovett 2008/0236026.
Alternatively in regard to claims 79-80, Obergfell does not disclose wherein the gas reservoir includes a pump to pressurize the reservoir using surrounding air, wherein the pump is a hand operated pump. Bond et al. and Lovett disclose wherein the gas reservoir (2 OR 101) includes a pump (bicycle pump; see para. 0055 OR hand pump; see para. 0027) to pressurize the reservoir using surrounding air, wherein the pump is a hand operated pump (bicycle pump OR hand pump). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the gas reservoir of Obergfell such that it includes a pump to pressurize the reservoir using surrounding air and wherein the pump is a hand operated pump in view of Bond et al. or Lovett in order to provide a portable means for recharging the reservoir with compressed air that is manually powered and thus does not require any electricity or fuel to power to recharge the gas reservoir.
In regard to claim 93, Obergfell and Bond et al. or Lovett do not disclose wherein the gas reservoir has a volume greater than 100 milliliters, greater than about 300 milliliters, greater than about 1000 milliliters, or greater than about 3000 milliliters. It would have been an obvious matter of design choice before the effective filing date of the claimed invention to design the gas reservoir of Obergfell and Bond et al. or Lovett such that it has a volume greater than 100 milliliters, greater than about 300 milliliters, greater than about 1000 milliliters, or greater than about 3000 milliliters since applicant has not disclosed that by doing so is critical to the design or produces any unexpected results, and because it would have been obvious to one of ordinary skill in the art to design the gas reservoir of Obergfell and Bond et al. or Lovett to have such a volume in order to have sufficient compressed gas capacity to carry out the desired number of actuations of the device before having to refill the gas reservoir and also to account for the appropriate size of the gas reservoir given design requirements such as space available at the deployment location and the overall size of the device itself which must be transported to the deployment location.
Claim(s) 81 and 84 is/are rejected under 35 U.S.C. 103 as being unpatentable over Obergfell 3,561,324 in view of Bond et al. 2014/0059917 or Lovett 2008/0236026 as applied to claim 79 above, and further in view of Largo 2013/0082083.
In regard to claim 81, Obergfell and Bond et al. or Lovett disclose a housing (12, 42-43 of Obergfell), but do not disclose wherein the pressurised gas reservoir is incorporated into at least part of the housing. Largo discloses wherein the gas reservoir (24) is incorporated into at least part of the two-piece housing/housing (12 & 22 which extends downwardly from 12 in Fig. 2). It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the gas reservoir of Obergfell and Bond et al. or Lovett such that it is incorporated into at least part of the two-piece housing/housing in view of Largo in order to allow the device to be used independently of any pneumatic connection for supplying compressed air to the device so that the user is not hindered in utilizing the device in remote or hard to reach locations.
In regard to claim 84, Obergfell discloses wherein the housing (12, 42-43) is a two-piece housing (12 forms a first piece and 42-43 form a second piece).
Claim(s) 88-89 is/are rejected under 35 U.S.C. 103 as being unpatentable over Obergfell 3,561,324 in view of Bond et al. 2014/0059917 or Lovett 2008/0236026 as applied to claim 79 above, and further in view of Largo 2013/0082083.
In regard to claim 88, Obergfell does not disclose a pressure sensor to sense gas pressure in the gas reservoir or in a flow line between the gas reservoir and the pneumatic actuator; and control circuitry operatively connected to the pressure sensor and configured to determine actuation or proper functioning of the pest control device or control circuitry to prevent actuation of the pneumatic actuator of the pest control device during a prescribed condition. Largo discloses a pressure sensor (pressure sensor and gauge 92 optionally located in the low-pressure intake tube 90 and/or at high pressure mounting fitting 86 for monitoring pneumatic pressure between container 24 and intake tube 90 and control system 74 is programmed to receive and compare pressure data from respective pressure sensors/gauges 92 located in the flow path before 92a and after 92b regulator 30; see paras. 0036-37) to sense gas pressure in the gas reservoir or in a flow line between the gas reservoir (24) and the pneumatic actuator (32, 34, 36); and control circuitry (control system 74) operatively connected to the pressure sensor (92 with 92a-b) and configured to determine actuation or proper functioning of the pest control device (microprocessor 76 configured to compare transmitted pressure data from gauges 92a-b and in the event that both gauges transmit a similar pressure value, the significance is that container 24 is close to being empty and the user has a limited number of fasteners that can be driven before a refill container is obtained; see para. 0037) or control circuitry to prevent actuation of the pneumatic actuator of the pest control device during a prescribed condition. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Obergfell such that it further comprises a pressure sensor to sense gas pressure in the gas reservoir or in a flow line between the gas reservoir and the pneumatic actuator; and control circuitry operatively connected to the pressure sensor and configured to determine actuation or proper functioning of the pest control device or control circuitry to prevent actuation of the pneumatic actuator of the pest control device during a prescribed condition
In regard to claim 89, Obergfell and Largo disclose communication circuitry (user interface 80 of Largo configured to display or emit an alarm to the user to replace the container 24) operatively connected to the control circuitry (control system 74 of Largo).
Claim(s) 90-92 is/are rejected under 35 U.S.C. 103 as being unpatentable over Obergfell 3,561,324 in view of Bond et al. 2014/0059917 or Lovett 2008/0236026 as applied to claim 79 above, and further in view of Largo 2013/0082083 and Schnell et al. 2017/0001291 or Burke 2008/0135598.
In regard to claim 90, Obergfell does not disclose control circuitry configured to prevent actuation of the pneumatic actuator of the pest control device during a prescribed condition. Largo discloses control circuitry (control system 74) operatively connected to the pressure sensor (92 with 92a-b) and configured to determine proper functioning of the pest control device (microprocessor 76 configured to compare transmitted pressure data from gauges 92a-b and in the event that both gauges transmit a similar pressure value, the significance is that container 24 is close to being empty and the user has a limited number of fasteners that can be driven before a refill container is obtained; see para. 0037) and to alert the user during a prescribed condition (when container 24 is close to being empty). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Obergfell such that it comprises control circuitry in view of Largo in order to alert the user when the supply of compressed gas is below a threshold level and therefore requires replacement or refilling for proper operation of the device. Obergfell and Largo do not disclose the control circuitry configured to prevent actuation of the pneumatic actuator of the pest control device during a prescribed condition. Schnell et al. and Burke disclose the control circuitry configured to prevent actuation of the pneumatic actuator of the pest control device during a prescribed condition (abnormal operation is detected by monitoring system 262 and if the sequence of piston movement is not correct, the method 400 considers the number of sequential abnormal cycles is greater than a predetermined number and if the number of abnormal cycles is greater than the predetermined number, the fastener driver is shut down and use of the fastener drive 10 is prevented until the battery 34 is removed and replaced; see para. 0115 OR low pressure lock-out system 560 prevents movement of trigger valve stem 510 so a user cannot actuate trigger valve stem when trying to actuate the device by applying force to trigger 148 in low source pressure situations since fasteners can be insufficiently driven into a work piece due to insufficient pressure and this feature prevents nails from being partially driven into a workpiece and reduces waste of fasteners while improving work production and efficiency; see paras. 0090-91). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the control circuitry of Oberfell and Largo such that it is configured to prevent actuation of the pneumatic actuator of the pest control device during a prescribed condition in view of Schnell et al. or Burke in order to provide a mechanism that halts the actuation of the device when operating conditions are less than optimal so as to prevent the use of a faulty operating device.
In regard to claim 91, Obergfell, Largo, and Schnell et al. or Burke disclose wherein the prescribed condition is determined based on a comparison of a value to a threshold (microprocessor 76 configured to compare transmitted pressure data from gauges 92a-b and in the event that both gauges transmit a similar pressure value, the significance is that container 24 is close to being empty and the user has a limited number of fasteners that can be driven before a refill container is obtained; see para. 0037 of Largo).
In regard to claim 92, Obergfell, Largo, and Schnell et al. or Burke disclose wherein the prescribed condition is when the pressure sensor (92a-b of Largo) indicates that the pressure of the gas is below a first threshold (microprocessor 76 configured to compare transmitted pressure data from gauges 92a-b and in the event that both gauges transmit a similar pressure value, the significance is that container 24 is close to being empty and the user has a limited number of fasteners that can be driven before a refill container is obtained---see para. 0037 of Largo; also see paras. 0090-91 of Burke).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DARREN W ARK whose telephone number is (571)272-6885. The examiner can normally be reached M-F 8:30-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kimberly Berona can be reached at (571) 272-6909. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DARREN W ARK/Primary Examiner, Art Unit 3647
DWA