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 Arguments
Applicant argues that the prior art of Craythorn does not teach and/or suggest a plurality of individual fastener chambers, each configured to loosely receive a single fastener.
In response, the Examiner respectfully disagree with the Applicant because it would be inherent for each individual fastener chamber 5 to loosely receive a single fastener when the size of the fasteners in the containers 4 are of a large size such that only a single large fastener can be fed through the fastener chamber /rivet feed mechanism 5.
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 (i.e., changing from AIA to pre-AIA ) 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)(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 10 is rejected under 35 U.S.C. 102(a)(2) as being unpatentable over Craythorn et al. (US
7,487,583).
Claim 10, Craythorn discloses a fastener storage cassette for a fastener delivery system,
comprising: a plurality of individual fastener chambers (5), each configured to loosely receive a single fastener (it would be inherent for each individual fastener chamber 5 to loosely receive a single fastener when the size of the fasteners in the containers 4 are of a large size such that only a single large fastener can be fed through the fastener chamber /rivet feed mechanism 5) to be selected and delivered (fig.1), and a separate air blast port (port/opening of 5 attached to end of 4; see fig.1) communicating with each associated fastener chamber (5), wherein, a blast of air through one of the air blast ports port (port/opening of 5 attached to end of 4; see fig.1) will flow into the associated fastener chamber (5) in a manner which will cause the fastener loosely received in such fastener chamber (5) to be pushed out of the fastener chamber (C6-C7).
Allowable Subject Matter
Claims 1-9 are allowed.
The following is an examiner's statement of reasons for allowance: A fastener delivery system
including the features "a selection chamber assembly, wherein the fastener storage cassette includes a
plurality of individual fastener chambers each configured to loosely receive a fastener to be selected and
delivered, each fastener chamber communicating with a separate air blast port, and, wherein the
cassette holding module is configured to hold a at least one fastener storage cassette." in combination
with the remaining claim language is not taught by the prior art.
Conclusion
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 AYODEJI T OJOFEITIMI whose telephone number is (571)272-6557. The examiner can normally be reached 8:30 AM - 5:00 PM.
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/AYODEJI T OJOFEITIMI/Examiner, Art Unit 3651
/GENE O CRAWFORD/Supervisory Patent Examiner, Art Unit 3651