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 .
Response to Amendment
The amendment filed 12/05/2025 has been entered. Claims 1-3, 10, 12-14, 16, and 18-20 are pending in the application.
Specification
The disclosure is objected to because of the following informalities: Paragraph [0045], recites “the feeder mechanism 617 may include a wheel... may include a first wheel on a first side of the fastener strip and a second wheel on a second side of the fastener strip…feeder mechanism 617 may include a cog having teeth spaced at a distance equal to a distance between subsequent fasteners of the fastener strip. The actuator 616 may rotate the cog. The cog may hold a fastener of the fastener strip between its teeth and, as it rotates, advance the fastener strip such that the cog holds a subsequent fastener between its teeth” and “may include a rigid member configured to push the fastener strip towards the driver” [0046]. None of the members – wheel, cog, cog teeth holding a fastener and subsequent fastener, and rigid member are provided with a reference number and the drawings do not make up for this deficiency either since these members/features are not shown. Also, [0042] recites “the driver head may be configured to engage, as shown, a head of a Philips-head screw to turn the screw as the driver drives the screw into the surface” – how does the driver rotate? Appropriate correction is required.
Drawings
The drawings are objected to because wheel, cog, cog teeth holding a fastener and subsequent fastener, and rigid member are not shown. 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.
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 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.
Claim(s) 1, 10, 12-14, 16, and 18-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Murakami et al. (US 4978045 A).
Regarding claims 1 and 10, Murakami et al. discloses a fastener gun (100, fig. 1) comprising: a driver (105) configured to drive a fastener (staple 101a) of a fastener strip (belt of staples in cartridge 102, figs. 1, 4-9 and 15-19); a plate (8 and/or blank bending block 109) coupled to the driver, wherein the plate is configured to receive the fastener strip (staples 101); a nose piece (110) coupled to the plate, wherein the nose piece is configured to hold the fastener strip adjacent the plate (8 and/or blank bending block 109); and a feeder mechanism (104) coupled to the plate and configured to advance the fastener strip towards the driver (col. 2, line 57- col. 4, lines 15, col. 11, lines 1-27, claims 1-5, figs. 1-7);
an optical sensor (201) configured to track movement of the fastener strip (light reflection, col. 4, line 16-67, col. 5, lines 1-67, col. 6, lines 1-67, claims 4 and 14, figs. 4-19).
Regarding claim 18, Murakami et al. discloses a fastener gun (100, fig. 1) comprising: a driver (105) configured to drive a fastener (staple 101a) of a fastener strip (belt of staples in cartridge 102, figs. 1, 4-9 and 15-19); a plate (8 and/or blank bending block 109) coupled to the driver, wherein the plate is configured to receive the fastener strip (staples 101); a nose piece (110) removably attached to the plate (capable of being removed), wherein the nose piece is configured to hold the fastener strip adjacent the plate (8 and/or blank bending block 109); and a feeder mechanism (104) coupled to the plate and configured to advance the fastener strip towards the driver (col. 2, line 57- col. 4, lines 15, col. 11, lines 1-27, claims 1-5, figs. 1-7);
an optical sensor (201) configured to track movement of the fastener strip (light reflection, col. 4, line 16-67, col. 5, lines 1-67, col. 6, lines 1-67, claims 4 and 14, figs. 4-19).
Regarding claims 12-14, Murakami et al. discloses the optical sensor (201) is further configured to determine whether the fastener strip advanced toward the driver such that one fastener entered the driver, wherein the sensor is further configured to, in response to determining that the fastener strip advanced toward the driver such that one fastener entered the driver, send a signal to the driver to drive a fastener of the fastener strip, wherein the sensor is further configured to, in response to determining that the fastener strip did not advance toward the driver such that one fastener entered the driver, send a signal to the feeder mechanism to advance the fastener strip toward the driver (col. 4, line 16-67, col. 5, lines 1-67, col. 6, lines 1-67, claims 4 and 14, figs. 4-19).
Regarding claim 16, Murakami et al. discloses a plate (leading edge 105a/block 110) coupled to the driver (105), wherein the plate is configured to receive the fastener strip on a first side of the plate, and wherein the sensor (201) is coupled to a second side of the plate (col. 2, line 57- col. 4, lines 15, col. 11, lines 1-27, claims 1-5, figs. 1-7, 13, and 15-18).
Regarding claims 19-20, Murakami et al. discloses the plate (8 and/or blank bending block 109) is configured to receive a second nose piece (functional - capable of receiving a second nose piece), wherein the second nose piece is removably attached to the plate in the place of the nose piece (functional - capable of replacing the nose piece with a second nose piece), wherein the driver is configured to receive a second plate (functional - capable of receiving a second plate for the driver), wherein the second plate is removably attached to the driver in the place of the plate (functional - capable of receiving a second plate that is removably attached to the driver in the place of the plate).
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.
Claim(s) 2-3 is/are rejected under 35 U.S.C. 103 as obvious over Murakami et al. (US 4978045 A) in view of Lewis et al. (US 20170282238 A1).
Regarding claims 2-3, Murakami et al. teaches having staple feeding member (104) and motor (10) with staple gears (7/11) but fails to discloses the feeder mechanism comprises a pneumatic actuator or an electromagnetic actuator.
Lewis et al. teaches a fastener installation head (12) having a strip (14) of fasteners (17) with a feeder mechanism (40) that comprises a pneumatic actuator or an electromagnetic actuator (solenoid, pneumatic pressure [0035-0046], figs. 1-2 and 9).
Given the teachings of Murakami et al. to have a staple feeding member and a motor, it 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 to modify the feeder mechanism to comprise a pneumatic actuator or an electromagnetic actuator to drive the strip of fasteners with tension as taught by Lewis et al.
Claim(s) 1-3, 10, 12-14, 16, and 18-20 is/are rejected under 35 U.S.C. 103 as obvious over Uejima et al. (US 20080210734 A1) in view of Murakami et al. (US 4978045 A) and further in view of Birk et al. (US 20040045997 A1).
Regarding claims 1 and 10, Uejima et al. discloses a fastener gun (nail driving device, fig. 1) comprising: a driver (17) configured to drive a fastener (n) of a fastener strip (N/S, fig. 1B or figs. 27-29); a plate (36/37) coupled to the driver, wherein the plate is configured to receive the fastener strip; a nose piece (3/35) coupled to the plate, wherein the nose piece is configured to hold the fastener strip adjacent the plate (figs. 1 and 13-22); and a feeder mechanism (73 or 100 fig. 30) coupled to the plate and configured to advance the fastener strip towards the driver ([0054-0145], figs. 1-30).
Uejima et al. fails to disclose an optical sensor configured to track movement of the fastener strip.
Birk et al. teaches a fastener gun (10, fig. 1) comprising: a driver (piston/driver blade 40 [0027]) configured to drive a fastener (20) of a fastener strip (tape of fasteners/supply assembly 36 [0026, 0035]); a plate (supply/magazine assembly 36) coupled to the driver, wherein the plate is configured to receive the fastener strip (fed to channel 34 in nose 26); a nose piece (26) coupled to the plate, wherein the nose piece is configured to hold the fastener strip adjacent the plate (figs. 1-6);
and an optical sensor (50) configured to track movement of the fastener strip (length or width of fastener or read bar code on the tape as fastener passes over 50 [0035-0037]).
Murakami et al. teaches a fastener gun (100, fig. 1) comprising: a driver (105) configured to drive a fastener (staple 101a) of a fastener strip (belt of staples in cartridge 102, figs. 1, 4-9 and 15-19); a plate (8 and/or blank bending block 109) coupled to the driver, wherein the plate is configured to receive the fastener strip (staples 101); a nose piece (110) coupled to the plate, wherein the nose piece is configured to hold the fastener strip adjacent the plate (8 and/or blank bending block 109); and a feeder mechanism (104) coupled to the plate and configured to advance the fastener strip towards the driver (col. 2, line 57- col. 4, lines 15, col. 11, lines 1-27, claims 1-5, figs. 1-7);
an optical sensor (201) configured to track movement of the fastener strip (light reflection) and teaches having sensor cam 13 with microswitch 12, (col. 4, line 16-67, col. 5, lines 1-67, col. 6, lines 1-67, claims 4 and 14, figs. 4-19).
Given the teachings of Uejima et al. to have a different types of a feeder mechanisms, sensors to detect the fasteners position, it 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 to modify the sensors to include an optical sensor configured to track movement of the fastener strip for continuous delivery of fasteners to the nose, avoid jamming during action on a workpiece by detecting a blank or no fastener, and/or for feedback alert purposes as taught by Birk et al. and Murakami et al.
Regarding claim 18, Uejima et al. discloses a fastener gun (nail driving device, fig. 1) comprising: a driver (17) configured to drive a fastener (n) of a fastener strip (N/S, fig. 1B or figs. 27-29); a plate (36/37) removably attached to the driver (17), wherein the plate is configured to receive the fastener strip (N/S, fig. 1B or figs. 27-29); a nose piece (3/35) removably attached to the plate, wherein the nose piece is configured to hold the fastener strip adjacent the plate; and a feeder mechanism (73 or 100 fig. 30) coupled to the plate and configured to advance the fastener strip towards the driver ([0054-0145], figs. 1-30).
Uejima et al. fails to disclose an optical sensor configured to track movement of the fastener strip.
Birk et al. teaches a fastener gun (10, fig. 1) comprising: a driver (piston/driver blade 40 [0027]) configured to drive a fastener (20) of a fastener strip (tape of fasteners/supply assembly 36 [0026, 0035]); a plate (supply/magazine assembly 36) coupled to the driver, wherein the plate is configured to receive the fastener strip (fed to channel 34 in nose 26); a nose piece (26) coupled to the plate, wherein the nose piece is configured to hold the fastener strip adjacent the plate (figs. 1-6);
and an optical sensor (50) configured to track movement of the fastener strip (length or width of fastener or read bar code on the tape as fastener passes over 50 [0035-0037]).
Murakami et al. teaches a fastener gun (100, fig. 1) comprising: a driver (105) configured to drive a fastener (staple 101a) of a fastener strip (belt of staples in cartridge 102, figs. 1, 4-9 and 15-19); a plate (8 and/or blank bending block 109) coupled to the driver, wherein the plate is configured to receive the fastener strip (staples 101); a nose piece (110) coupled to the plate, wherein the nose piece is configured to hold the fastener strip adjacent the plate (8 and/or blank bending block 109); and a feeder mechanism (104) coupled to the plate and configured to advance the fastener strip towards the driver (col. 2, line 57- col. 4, lines 15, col. 11, lines 1-27, claims 1-5, figs. 1-7);
an optical sensor (201) configured to track movement of the fastener strip (light reflection, col. 4, line 16-67, col. 5, lines 1-67, col. 6, lines 1-67, claims 4 and 14, figs. 4-19).
Given the teachings of Uejima et al. to have a different types of a feeder mechanisms, sensors to detect the fasteners position, it 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 to modify the sensors to include an optical sensor configured to track movement of the fastener strip for continuous delivery of fasteners to the nose, avoid jamming during action on a workpiece by detecting a blank or no fastener, and/or for feedback alert purposes as taught by Birk et al. and Murakami et al.
Regarding claims 2-3, Uejima et al. discloses the feeder mechanism comprises a pneumatic actuator or an electromagnetic actuator (electromagnetic brake/solenoid [0076, 0147]) and/or a wheel/cog (gear unit 46 - drive gear 78, and feed gear 73, [0054-0145], figs. 1-30).
Regarding claims 12-14, Modified Uejima et al. teaches the sensor comprises at least one of an optical sensor (see above), a laser sensor, a magnetic sensor, or a proximity sensor (sensor 94 and/or 93-limit switch (microswitch)/position detection [0120], timing belt or a chain) wherein the sensor is further configured to determine whether the fastener strip advanced toward the driver such that one fastener entered the driver, wherein the sensor is further configured to, in response to determining that the fastener strip advanced toward the driver such that one fastener entered the driver, send a signal to the driver to drive a fastener of the fastener strip, wherein the sensor is further configured to, in response to determining that the fastener strip did not advance toward the driver such that one fastener entered the driver, send a signal to the feeder to advance the fastener strip toward the driver, wherein the sensor is further configured to, in response to determining a predetermined number of times that the fastener strip did not advance toward the driver such that one fastener entered the driver, send an alert to an operator of the fastener gun ([0120, 0145-0147], figs. 1-30).
Regarding claim 16, Modified Uejima et al. teaches a plate (36/37) coupled to the driver (17), wherein the plate is configured to receive the fastener strip on a first side of the plate, and wherein the optical sensor (see above modified/sensor 94 which is used to detect the nails n when they are fed and braking circuit 48 rotation detection gear 74 [0096-0099, 0117-0139], 93-limit switch (microswitch)/position detection [0120], and/or trigger signal timer/circuit [0014, 0020-0022], or timing belt [0145], fig. 30) is coupled to a second side of the plate (figs. 15 and 23-26 and 30).
Regarding claims 19-20, Uejima et al. discloses the plate (36/37) is configured to receive a second nose piece (27), wherein the second nose piece is removably attached to the plate in the place of the nose piece, wherein the driver is configured to receive a second plate, wherein the second plate is removably attached to the driver in the place of the plate ([0077-0082], figs. 1-18 and 22-23).
Claim(s) 12-14 is/are rejected under 35 U.S.C. 103 as obvious over Uejima et al. (US 20080210734 A1) in view of Murakami et al. (US 4978045 A) in view of Birk et al. (US 20040045997 A1) and further in view of Blacket et al. (US 6089437 A).
Regarding claims 12-14, In the alternative, if it can be argued that Modified Uejima et al. fails to disclose the sensor/optical sensor is further configured to determine whether the fastener strip advanced toward the driver such that one fastener entered the driver, wherein the sensor is further configured to, in response to determining that the fastener strip advanced toward the driver such that one fastener entered the driver, send a signal to the driver to drive a fastener of the fastener strip, wherein the sensor is further configured to, in response to determining that the fastener strip did not advance toward the driver such that one fastener entered the driver, send a signal to the feeder mechanism to advance the fastener strip toward the driver –
Birk et al. teaches a fastener gun (10, fig. 1) comprising: a driver (piston/driver blade 40 [0027]) configured to drive a fastener (20) of a fastener strip (tape of fasteners/supply assembly 36 [0026, 0035]); a plate (supply/magazine assembly 36) coupled to the driver, wherein the plate is configured to receive the fastener strip (fed to channel 34 in nose 26); a nose piece (26) coupled to the plate, wherein the nose piece is configured to hold the fastener strip adjacent the plate (figs. 1-6);
and an optical sensor (50) configured to track movement of the fastener strip (length or width of fastener or read bar code on the tape as fastener passes over 50 [0035-0037]).
Murakami et al. teaches a fastener gun (100, fig. 1) comprising: a driver (105) configured to drive a fastener (staple 101a) of a fastener strip (belt of staples in cartridge 102, figs. 1, 4-9 and 15-19); a plate (8 and/or blank bending block 109) coupled to the driver, wherein the plate is configured to receive the fastener strip (staples 101); a nose piece (110) coupled to the plate, wherein the nose piece is configured to hold the fastener strip adjacent the plate (8 and/or blank bending block 109); and a feeder mechanism (104) coupled to the plate and configured to advance the fastener strip towards the driver (col. 2, line 57- col. 4, lines 15, col. 11, lines 1-27, claims 1-5, figs. 1-7);
an optical sensor (201) configured to track movement of the fastener strip (light reflection, col. 4, line 16-67, col. 5, lines 1-67, col. 6, lines 1-67, claims 4 and 14, figs. 4-19).
Blacket et al. teaches an apparatus (riveting machine/fastening machine 80/220, figs. 1-13, and 37-43) having a sensor comprises at least one of an optical sensor, a laser sensor, a magnetic sensor, or a proximity sensor (proximity/light switch) wherein the sensor is further configured to determine whether a fastener strip (carrier tape 10/carrier tape 227) advanced toward a driver (22/57/78/240) such that one fastener entered the driver, wherein the sensor is further configured to, in response to determining that the fastener strip advanced toward the driver such that one fastener entered a driver (70), send a signal to the driver to drive a fastener of the fastener strip, wherein the sensor is further configured to, in response to determining that the fastener strip did not advance toward the driver such that one fastener entered the driver, send a signal to the feeder to advance the fastener strip toward the driver, wherein the sensor is further configured to, in response to determining a predetermined number of times that the fastener strip did not advance toward the driver such that one fastener entered the driver, send an alert to an operator of the fastener gun (light alert switch, col. 4, lines 1-5, col. 10, lines 64-67, col. 11, lines 1-27, claims 1-5, figs. 1-13 and 37-40) and teaches a feeder mechanism (54 and 225) comprises a rigid member (54 and 225) configured to push the fastener strip (10/237) towards the driver (57/240), wherein the feeder mechanism is located on a first side of the plate and the fastener strip is located on a second side of the plate, wherein the rigid member passes through the plate to push the fastener strip towards the driver, wherein the feeder mechanism is actuated by motion of the driver (57/240, claims 8-9)
Blacket et al. states: “. As the punch 57 is withdrawn, the pin 53 engages the tooth 52 to cause the sprocket wheel 51 to advance the carrier tape 10 to bring the next fastener 30 into alignment with the punch 57 (col. 7, lines 44-50)…means to feed the carrier tape may include indexing wheels, sprockets or blocks which engage the carrier tape and/or the fasteners, to sequentially advance the fasteners into alignment with the transfer means… pusher blade which engages the fastener stems, the pusher blade being reciprocally movable by a hydraulic or pneumatic cylinder, solenoid or mechanical actuator, to push the fasteners free from the tape to the delivered position (col. 4, lines 36-48)… one-way drive means” (col. 5, lines 29-33).
Given the teachings of Uejima et al. to have a different types of a feeder mechanisms, sensors to detect the fasteners position, it 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 to modify the sensor system to be configured to determine whether the fastener strip advanced toward the driver such that one fastener entered the driver, wherein the sensor is further configured to, in response to determining that the fastener strip advanced toward the driver such that one fastener entered the driver, send a signal to the driver to drive a fastener of the fastener strip, wherein the sensor is further configured to, in response to determining that the fastener strip did not advance toward the driver such that one fastener entered the driver, send a signal to the feeder mechanism to advance the fastener strip toward the driver for continuous delivery of fasteners to the nose, avoid jamming during action on a workpiece by detecting a blank or no fastener, and/or for feedback alert purposes as taught by Blacket et al., Birk et al., and Murakami et al.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-3, 10, 12-14, 16, and 18-20 have been considered but are moot because the new ground of rejection does not rely on all references applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: See references cited, form 892.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT LONG whose telephone number is (571)270-3864. The examiner can normally be reached M-F, 9am-5pm, 8-9pm (EST).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, SHELLEY SELF can be reached at (571) 272-4524. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ROBERT F LONG/Primary Examiner, Art Unit 3731