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 .
Applicant’s election without traverse of Group I, claims 1-19 in the reply filed on 07/22/2026 is acknowledged. Claim 20 has been withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.
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 18-19 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. Claim 18 is indefinite because it depends on itself.
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)(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) 1-3, 5, 11 and 13 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Huang (2003/0141208).
As to claim 1, Huang discloses a strip (30) for holding fasteners (40) comprising a backer (30) extending along a strip axis and having a first side and a second side being opposite the first side, and a plurality of fastener holders (32) disposed along a length of the first side of the backer, each of the plurality of fastener holders includes a first loop (32) having a first hole and a second loop (32) having a second hole configured to hold a fastener. The backer of Huang is inherently capable to be fed through a magazine of a power tool such that a plurality of fasteners held by the plurality of fastener holders may be driven into a workpiece by the power tool as claimed.
As to claim 2, Huang discloses the plurality of fasteners (40) are disposed within at least a subset of the plurality of fastener holders and each of the plurality of fasteners is disposed within one of the subset of the plurality of fastener holders.
As to claim 3, Huang discloses each of the plurality of fasteners comprises a shank (Fig. 4) and the plurality of fastener holders are configured such that the shank of each of the plurality of fasteners is disposed within the first loop and the second loop of one of the subset of the plurality of fastener holders.
As to claim 5, Huang further discloses a projection (311; 312) along an edge of a length of the second side of the backer.
As to claim 11, Huang discloses each of the plurality of fasteners is received in each of the first loop and the second loop of the plurality of fastener holders along a fastener axis that is transverse to the strip axis.
As to claim 13, see Figs. 3 & 4.
Claim(s) 1-4 and 11-13 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Fujiyama et al. (7,029,220; hereinafter Fujiyama).
As to claim 1, Fujiyama discloses a strip (20) for holding fasteners (21) comprising a backer (31) extending along a strip axis and having a first side and a second side being opposite the first side, and a plurality of fastener holders (30) disposed along a length of the first side of the backer, each of the plurality of fastener holders includes a first loop (30) having a first hole and a second loop (30) having a second hole configured to hold a fastener. The backer of Fujiyama is inherently capable to be fed through a magazine of a power tool such that a plurality of fasteners held by the plurality of fastener holders may be driven into a workpiece by the power tool as claimed.
As to claim 2, Fujiyama discloses the plurality of fasteners (21) are disposed within at least a subset of the plurality of fastener holders and each of the plurality of fasteners is disposed within one of the subset of the plurality of fastener holders.
As to claim 3, Fujiyama discloses each of the plurality of fasteners comprises a shank (21A) and the plurality of fastener holders are configured such that the shank of each of the plurality of fasteners is disposed within the first loop and the second loop of one of the subset of the plurality of fastener holders.
As to claim 4, Fujiyama further discloses each of the plurality of fasteners comprises a head (21b) and the plurality of fastener holders are configured such that a head of a first fastener of the plurality of fasteners overlaps a head of a second fastener of the plurality of fasteners (Fig. 1).
As to claim 11, Fujiyama discloses each of the plurality of fasteners is received in each of the first loop and the second loop of the plurality of fastener holders along a fastener axis that is transverse to the strip axis (Fig. 1).
As to claim 12, Fujiyama discloses the fastener axis is at an acute angle to the strip axis (Fig. 1).
As to claim 13, see Figs. 2.
Claim(s) 14 and 15 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Hedlund (3,830,364).
As to claim 14, Hedlund teaches a strip (1) for holding a plurality of fasteners (5-7) comprising a backer (2) extending along a strip axis and having a first side and a second side, the second side being opposite the first side, a plurality of fastener holders (each fastener holder comprises three studs 8-10) disposed along a length of the first side of the backer, and a terminal support (see Fig. 1 below; a first terminal support 8 and a second terminal support 9 disposed adjacent to an end of the strip) that projects from the first side of the backer disposed between one end of the backer and an end fastener holder from the plurality of fastener holders (see Fig. 1 below).
As to claim 15, see Fig. 1 below.
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Claim Rejections - 35 USC § 103
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 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) 4-5 and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Huang in view of Fujiyama and/or Hedlund (3,830,364).
As to claim 4, Huang discloses the strip as above and further discloses each of the plurality of fasteners comprises a head (42) and other limitations of the claim except for the head of the first fastener of the plurality of fasteners overlaps a head of a second fastener of the plurality of fasteners. Fujiyama discloses the strip as above and further discloses each of the plurality of fasteners comprises a head (21b) and the plurality of fastener holders are configured such that a head of a first fastener of the plurality of fasteners overlaps a head of a second fastener of the plurality of fasteners (Fig. 1). Hedlund teaches a strip (1) for holding a plurality of fasteners (5-7) comprising a backer (2), a plurality of fastener holders (8-10; Fig. 1) for holding the plurality of fasteners and each of the plurality of fasteners comprises a head (7) and the plurality of fastener holders are configured such that a head of a first fastener of the plurality of fasteners overlaps a head of a second fastener of the plurality of fasteners (Fig. 8). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention in view of Fujiyama and/or Hedlund to modify the strip of Huang so the strip is constructed with the head of the first fastener of the plurality of fasteners overlaps a head of a second fastener of the plurality of fasteners for holding more fasteners for the length of the strip and also the selection of the specific arrangement of the plurality of fasteners on the strip such as the arrangement as taught by Huang or Fujiyama or Hedlund or as claimed would have been an obvious matter of design choice inasmuch as the resultant structures will work equally well.
As to claim 5, Huang discloses the projection (311, 312) as indicated above. Also, Hedlund further teaches the strip includes a projection (3; 4) as claimed.
As to claim 12, Fujiyama discloses the fastener axis is at an acute angle to the strip axis (Fig. 1).
Claim(s) 6 and 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Huang in view of Pally et al. (7,090,077; hereinafter Pally).
As to claim 6, Huang discloses the strip with the projection as above. However, Huang fails to show the projection includes a plurality of teeth along a length of the projection. Pally teaches a strip (2) for holding fasteners (14) comprising a backer (4) having a plurality of fastener holders (12) for holding the fasteners, and a plurality of teeth (8; Fig. 4) disposed along a length of the backer for engaging with a transporting device. Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention in view of Pally to modify the strip of Huang so the strip is constructed with the projection includes a plurality of teeth disposed along the length of the projection for better securing the strip to a device.
As to claim 7, Pally further teaches the backer includes a plurality of recesses (8) disposed along the length of the backer with each of the plurality of recesses aligned with one of the plurality of fastener holders. The plurality of recesses are capable to be engaged by a feeding device of the power tool as the backer is fed through the magazine.
Allowable Subject Matter
Claims 8-10 and 16-19 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LUAN K BUI whose telephone number is (571)272-4552. The examiner can normally be reached Generally M-F, 7-4.
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/LUAN K BUI/
Primary Examiner, Art Unit 3736
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