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 .
Application Status
This action is responsive to the claims filed 21 January 2026.
Claims 1-12 are currently pending and being examined.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 21 January 2026 has been entered.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the second cross bar, bore, lever body, first protrusion, first surface, second protrusion, second surface, second slot, ramped surface, and flat surface must be shown or the feature(s) canceled from the claim(s). Applicant should further review the claims to make sure all claimed subject matter is label in the drawings and the specification. No new matter should be entered.
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 § 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, 6, and their dependents 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 1, line 21 recites “the protrusion”, it is unclear which protrusion is being referenced since there is a “first protrusion” and a “second protrusion”. Examiner will interpret as “the first protrusion”.
Claim 6, line 20 recites “the protrusion”, it is unclear which protrusion is being referenced since there is a “first protrusion” and a “second protrusion”. Examiner will interpret as “the first protrusion”.
Allowable Subject Matter
Claims 1-12 are 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 following is a statement of reasons for the indication of allowable subject matter: The subject matter of the apparatus for driving fasteners would be allowable over the prior art because of the arrangement of the combination of structural limitations set forth in the claim and their functional relationship to one another. The following limitations which, in combination with the other limitations of claims 1 and 6, are what make the subject matter allowable over the prior art, as the subject matter of claims 1 and 6 is neither taught or suggested by the prior art:
“a retractable probe positionable at a receiving location relative to the substrate and including a first crossbar and a second crossbar; a lower work contact that defines a bore and a first slot configured to receive the first crossbar of the retractable probe such that the first crossbar of the retractable probe is slidable longitudinally rearward in the first slot and away from the substrate as the fastener is driven at the receiving locations a wedge; a spring connected at a first end to the wedge; and a lever having a body, a first protrusion connected to a first surface of the body, and a second protrusion connected to a second surface of body opposite the first surface, wherein the first protrusion is configured to be received by the bore of the lower work contact to enable the body to pivot about the protrusion, wherein the body defines a second slot configured to receive the second crossbar of the retractable probe such that the second crossbar of the retractable probe is slidable in the second slot, and wherein the second protrusion is configured to connect to the spring at a second, opposing end of the spring.”
The prior art of record that comes closest to teaching the limitation is Ohmori (US 2007/0215665), which teaches a retractable probe including a first crossbar and a second crossbar, a lower work contact that defines a bore and a first slot, and a spring. The prior art is silent in regard to a lever having a first protrusion and second protrusion, wherein the first protrusion is configured to pivot and the second protrusion configured to connect to a spring. Therefore, the combination set forth in the claims are not discussed, taught, or suggested in the prior art.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1, 6, and their dependents have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KATIE L GERTH whose telephone number is (303)297-4602. The examiner can normally be reached Monday-Thursday 9am-4pm (CT).
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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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/KATIE L GERTH/Examiner, Art Unit 3731
/SHELLEY M SELF/Supervisory Patent Examiner, Art Unit 3731
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