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 Objections
Claims 1-2, 7-9, 15-17 and 19-20 are objected to because of the following informalities:
Claim 1, “a magazine connected to the body for holding a plurality of clips and introducing clips into the second channel” should read --a magazine connected to the body for holding a plurality of clips and introducing the clips into the second channel--.
Claim 1, “the driver being reciprocatably disposed within the first channel and having a drive surface for engaging a clip presented from the second channel into the intersection” should read --the driver being reciprocatably disposed within the first channel and having a drive surface for engaging a clip of the plurality of clips presented from the second channel into the intersection--.
Claim 1, “the driver being moved to a retracted position with the drive surface overlying a clip located at the intersection” should read --the driver being moved to a retracted position with the drive surface overlying a clip of the plurality of clips located at the intersection--.
Claim 1, “a feeder pivotally mounted to the body and biased for rotation in a first direction to move a first part of the feeder into engagement with a clip in the second channel” should read --a feeder pivotally mounted to the body and biased for rotation in a first direction to move a first part of the feeder into engagement with a clip of the plurality of clips in the second channel--.
Claim 1, “to rotate the feeder in a second direction and disengage the first part of the feeder from clips in the second channel” should read --to rotate the feeder in a second direction and disengage the first part of the feeder from the clips in the second channel--.
Claim 1, “wherein closing of the handles extends the driver forcing a clip at the intersection onto rebars positioned within the throat and opening of the handles retracts the driver and the feeder moves a clip into the intersection” should read --wherein closing of the handles extends the driver forcing a clip of the plurality of clips at the intersection onto rebars positioned within the throat and opening of the handles retracts the driver and the feeder moves a clip of the plurality of clips into the intersection--.
Claim 2, “engagement with clips in the second channel limiting backward movement of clips away from the intersection” should read --engagement with the clips in the second channel limiting backward movement of the clips away from the intersection--.
Claim 7, “to engage a clip in the second channel” should read --to engage a clip of the plurality of clips in the second channel--.
Claim 8, “with a clip in the second channel” should read --with a clip of the plurality of clips in the second channel--.
Claim 9, “with a clip in the second channel limiting backward movement of clips away from the intersection” should read --with a clip of the plurality of clips in the second channel limiting backward movement of the clips away from the intersection--.
Claim 15, “wherein a clip positioned at the intersection” should read --wherein a clip of the plurality of clips positioned at the intersection--.
Claim 16, “wherein a clip when positioned at the intersection is disposed under the drive surface” should read --wherein a clip of the plurality of clips when positioned at the intersection is disposed under the drive surface--.
Claim 17, “to receive a clip of a similar cross-sectional size” should read --to receive a clip of the plurality of clips of a similar cross-sectional size--.
Claim 19, “the magazine forms a nonlinear chute for holding a connected string of clips” should read --the magazine forms a nonlinear chute for holding the clips, wherein the clips are a connected string of clips--.
Claim 20, “a magazine connected to the body for holding a plurality of clips and introducing clips into the second channel” should read --a magazine connected to the body for holding a plurality of clips and introducing the clips into the second channel--.
Claim 20, “for engaging a clip presented from the second channel into the intersection” should read --for engaging a clip of the plurality of clips presented from the second channel into the intersection--.
Claim 20, “the drive face overlying a clip located at the intersection” should read --the drive face overlying a clip of the plurality of clips located at the intersection--.
Claim 20, “resiliently biased to engage a clip in the second channel” should read -- resiliently biased to engage a clip of the plurality of clips in the second channel--.
Claim 20, “disengage the feeder pawl from clips in the second channel” should read --disengage the feeder pawl from the clips in the second channel--.
Claim 20, “with a clip in the second channel limiting backward movement of clips away from the intersection” should read --with a clip of the plurality of clips in the second channel limiting backward movement of the clips away from the intersection--.
Claim 20, “the driver forcing a clip at the intersection onto rebars positioned within the throat and opening of the handles retracts the driver and the feeder moves a clip into the intersection” should read --the driver forcing a clip of the plurality of clips at the intersection onto rebars positioned within the throat and opening of the handles retracts the driver and the feeder moves a clip of the plurality of clips into the intersection--.
Claim 1, line 21, “the handles are moved to open position” should read --the handles are moved to the open position-- (see “open position” in line 16).
Claim 20, line 27, “the handles are moved to open position” should read --the handles are moved to the open position-- (see “open position” in line 22).
Claim 1, line 22, “the handles are moved to closed position” should read --the handles are moved to the closed position-- (see “closed position” in line 16).
Claim 20, line 28, “the handles are moved to closed position” should read --the handles are moved to the closed position-- (see “closed position” in line 22).
Claim 15, “its drive surface” should read --the drive surface of the dricer--.
Claim 16, “the rearward bottom of the side walls” should read --rearward bottom of the side walls--.
Claim 16, “its drive surface” should read --the drive surface of the driver--.
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 1-20 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.
Claims 1 and 20 recite “a pair of handles, each handle having an inner end and an outer end, the outer end being grippable by a user, each of the handles being mounted to the body by a pivot intermediate their respective inner and outer ends for rotation between an open position and a closed position” which are indefinite.Figures 1 and 11 (reproduced and annotated below) show the outer portions/outer ends (22b, 23b) of the handles (22, 23) are free and the inner portions/inner ends (22a, 23a) of the handles (22, 23) are mounted to the body (45) by respective upper pivot pins (62a,63a); therefore examiner suggests amending the above limitation as below to overcome this rejection.
--a pair of handles, each handle having an inner end and an outer end, the outer ends being grippable by a user, each of the handles being mounted to the body by a respective pivot intermediate their respective inner for rotation between an open position and a closed position--.
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Claims 2-19 are rejected due to dependency on rejected claim 1.
Claim 1 recites “a forwardly opening throat defined at the lower end of the body” which is indefinite. Because it is not clear if applicant intended to claim --the lower end of the first channel of the body-- which is earlier introduced in lines 4-5 of the claim.
Claim 4 recites “a forward face of the first channel”. There is insufficient antecedent basis for this limitation in the claim. Because claim 3 (to which claim 4 depends on) recites “the guides … forming forward and rearward faces of the first channel”. It is not clear if these forward faces are the same or different.
Claims 11 and 20 recite “an arm extending forwardly from the body at its lower end”. It is not clear if applicant intended to claim --an arm extending forwardly from the lower end of the body-- or the lower end of the arm.
Allowable Subject Matter
Claims 1 and 20 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The closest prior art to the claimed invention of claims 1 and 20 are Ayres (US 11319707 B1) and Kodi (US 8955679 B2).
Regarding claim 1, Ayres (US 11319707 B1) teaches (reproduced and annotated Figs. below) a tool enabling a user to place a clip on rebars to tie the rebars together (col. 3, lines 40-41: “FIG. 28 is a perspective view of a crimping tool employed to apply rebar clinch clips disclosed herein”), the tool comprising:
a hub assembly having a body (frame 502) and a driver (driver comprises elongate drawbars 562a, 562b are connected to the movable blade 522);
the body defining a first channel (channel created between parallel frame parts 510a, 510b) and a second channel (channel created inside 590), the first channel having an upper end and a lower end, the second channel having an inward end and an outward end, the inward end forming an intersection with the first channel;
a magazine (clip magazine 508) connected to the body for holding a plurality of clips and introducing clips into the second channel (col. 8, lines 37-39);
the driver being reciprocatably disposed within the first channel (col. 9, lines 28-32: “Upward motion of the handle ends of the arms 560a,560b closes the inner ends of the arms extending the links 564a,564b and thereby pushing the drawbars 562a,562b downward which in turn moves the blade 522 toward the anvil 520”) and having a drive surface for engaging a clip presented from the second channel into the intersection (col. 2, lines 12-21);
a pair of handles, each handle having an inner end and an outer end (574a, 574b), the outer end being grippable by a user, each of the handles being mounted to the body by a pivot intermediate their respective inner ends for rotation between an open position and a closed position;
a pair of links (564a, 564b), each link having a first end (upper end) and a second end (lower end), the first ends (upper ends) being connected by upper pivots to respective inner ends of the handles and the second ends (lower ends) being connected by a lower pivot to the driver (to the drawbars 562a,562b of the driver), the driver being moved to a retracted position (Figs. 30, 36 with handles away from each other) with the drive surface overlying a clip located at the intersection when the handles are moved to open position, and the driver being moved to an extended position when the handles are moved to closed position (with handles close to each other);
Ayres teaches a feeder (feed rail 610); but does not teach the claimed pivotability of the feeder.
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Regarding claim 20, Ayres (US 11319707 B1) teaches (reproduced and annotated Figs. above) a tool enabling a user to place a clip on rebars to tie the rebars together (col. 3, lines 40-41: “FIG. 28 is a perspective view of a crimping tool employed to apply rebar clinch clips disclosed herein”), the tool comprising:
a hub assembly having a body (frame 502) and a driver (driver comprises elongate drawbars 562a,562b are connected to the movable blade 522);
the body including a pair of side plates (parallel frame parts 510a, 510b) disposed in laterally spaced relation and a plurality of spaced guides extending between the side plates forming a first channel (channel created between parallel frame parts 510a, 510b) and a second channel (channel created inside 590), the side plates having facing internal surfaces (inner surfaces) forming lateral faces of the first channel and the second channel, the spaced guides having internal surfaces forming forward and rearward faces of the first channel and upper and lower faces of the second channel (first and second channels formed by side plates 510a, 510b, and spacers 528); the first channel having an upper end and a lower end, the second channel having an inward end and an outward end, the inward end forming an intersection with the first channel;
a magazine (clip magazine 508) connected to the body for holding a plurality of clips and introducing clips into the second channel (col. 8, lines 37-39);
the driver being reciprocatably disposed within the first channel (col. 9, lines 28-32: “Upward motion of the handle ends of the arms 560a,560b closes the inner ends of the arms extending the links 564a,564b and thereby pushing the drawbars 562a,562b downward which in turn moves the blade 522 toward the anvil 520”) and having a drive surface for engaging a clip presented from the second channel into the intersection (col. 2, lines 12-21);
a pair of handles, each handle having an inner end and an outer end (574a, 574b), the outer end being grippable by a user, each of the handles being mounted to the body by a pivot intermediate their respective inner ends for rotation between an open position and a closed position;
a pair of links (564a, 564b), each link having a first end (upper end) and a second end (lower end), the first ends (upper ends) being connected by upper pivots to respective inner ends of the handles and the second ends (lower ends) being connected by a lower pivot to the driver (to the drawbars 562a,562b of the driver), the driver being moved to a retracted position (Figs. 30, 36 with handles away from each other) with the drive surface overlying a clip located at the intersection when the handles are moved to open position, and the driver being moved to an extended position when the handles are moved to closed position (with handles close to each other);
Ayres teaches a feeder (feed rail 610); but does not teach the claimed pivotability of the feeder.
Regarding claims 1 and 20, Kodi (US 8955679 B2) teaches (reproduced and annotated Figs. below) a tool enabling a user to place a clip on rebars to tie the rebars together (col. 2, lines 14-16: “an apparatus for applying clips to connect reinforcing bar as is typically used in concrete structures”), the tool comprising: a hub assembly having a body (barrel 22) with side plates (plates on sides of the body cavity) and a driver (hammer 26); the body defining a first channel (longitudinal channel inside 22) and a second channel (lateral channel 26), the first channel having an upper end and a lower end, the second channel having an inward end (where 26 intersects with the first channel) and an outward end, the inward end forming an intersection with the first channel; a magazine (clip track 54) connected to the body for holding a plurality of clips (clip string 2) and introducing clips into the second channel (col. 7, line 55-col. 8, line 20). However Kodi fails to teach the claimed handle.
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Claims 2-19 would be allowable due to dependency on allowable claim 1.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MAHDI H NEJAD whose telephone number is (571)270-0464. The examiner can normally be reached Monday-Friday 7:30am-4pm EST.
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MAHDI H. NEJAD
Examiner
Art Unit 3723
/MAHDI H NEJAD/Primary Examiner, Art Unit 3723