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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 12/09/2025 has been entered.
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.
Claims 1-5 and 103 are rejected under 35 U.S.C. 103 as being unpatentable over Walters et al (US 2014/0331474), hereinafter Walters, in view of Nakajima et al (US 2022/0176532), hereinafter Nakajima, further in view of Peng et al (US 2020/0398414), hereinafter Peng.
Regarding claim 1, Walters discloses a fastening device (Fig. 1, item 10) comprising:
a magazine (Fig. 1, item 14) including
a magazine channel (Fig. 4, item 30a, 62a, 30b, 62b) having a rectangular cross-sectional shape (Fig. 4, magazine channel has a rectangular cross section) and configured to receive at least one of a first head of a fastener (Fig. 4) and a second head of the fastener (Fig. 4) (Fig. 2A);
a magazine slot (Fig. 4, item 64a) interconnected with the magazine channel (Fig. 4) and configured to receive a body of the fastener (Fig. 2A);
an end cap (Fig. 2A, item 28, 26) positioned opposite the magazine channel and the magazine slot (Fig. 2A) and including an end cap channel (Fig. 2A, item 30a, 30b) having a first compartment (Fig. 2A, item 30a) interconnected with and spaced from a second compartment (Fig. 2A, item 30b) by a connector compartment (Fig. 2A, item 38), the first compartment configured to receive the first head of the fastener and the second compartment cooperatively configured to receive (Para. 0032-0037) the second head of the fastener (Fig. 2A, item 12, 12a) (Para. 0032-0037), and
wherein a first distance is defined between the first compartment and the second compartment (Para. 0032-0037) (Fig. 2A) (Fig. 4), and the first and second compartments and the first distance cooperate to define a parameter (Para. 0032-0037) of the fastener that is receivable in the magazine (Para. 0032-0037) (Fig. 2A, 4).
Walter is silent about a nosepiece assembly including a firing channel from which consecutive fasteners from the magazine are driven along a driving axis, the nosepiece assembly including a base portion coupled to the magazine and a cover portion pivotally coupled to the base portion, wherein the base portion and the cover portion cooperatively define the firing channel, wherein the cover portion includes a recess that extends generally parallel to the firing channel.
However, Nakajima teaches a nosepiece assembly (Nakajima, Fig. 4, item 13) including a firing channel (Nakajima, Fig. 5, item 97) from which consecutive fasteners (Nakajima, Fig. 5, item 78) from the magazine are driven along a driving axis (Nakajima, Para. 0045), the nosepiece assembly including a base portion (Nakajima, Fig. 5, item 95) coupled to the magazine (Nakajima, Fig. 5) and a cover portion (Nakajima, Fig. 5, item 91) coupled to the base portion (Nakajima, Fig. 5), wherein the base portion (Nakajima, Fig. 5, item 95) and the cover portion (Nakajima, Fig. 5, item 91) cooperatively define the firing channel (Nakajima, Fig. 5), wherein the cover portion includes a recess (Nakajima, Fig. 5, item 91A) that extends generally parallel to the firing channel (Nakajima, Fig. 5).
It would have been obvious to a person of ordinary skill in the art at the effective filing date of the invention having the teachings of Walter and Nakajima to modify the fastening device of Walter to include the nosepiece assembly of Nakajima. A person of ordinary skill in the art would have been motivated to make such change in order to suppress contact of the nose part of the tool with the fastener due to the reaction caused by the striking part hitting the fastener (Nakajima, Para. 0006).
Walter in view of Nakajima does not expressly disclose wherein the recess has a width that is wider than a width of the body of the fastener but narrower than a width of either the first head or the second head. However, Nakajima teaches the width of recess 91A accommodates shaft 78A of fastener 78 such that the fastener is positioned at an incline B1 relative to the axis A1 running through channel 97 (see for example, Para. 0056 of Nakajima). It would have been obvious to a person of ordinary skill in the art having the teachings of Walter and Nakajima that the width of the recess is only wide enough to accommodate the body of the fastener but not the head of the fastener based on the orientation of the recess 91A taught by Nakajima.
Walter in view of Nakajima is silent about the cover portion is pivotally coupled to the base portion.
However, Peng teaches a cover portion (Peng, Fig. 4, item 58) is pivotally coupled to the base portion (Peng, Fig. 4, item 30) (Peng, Para. 0063).
It would have been obvious to a person of ordinary skill in the art at the effective filing date of the invention having the teachings of Walter, Nakajima, and Peng to modify the fastening device of Walter in view of Nakajima to include the pivoting cover portion as taught by Peng. A person of ordinary skill in the art would have been motivated to make such change in order to allow the user to clear a fastener if the fastener becomes jammed within the nosepiece (Peng, Para. 0063).
Regarding claim 2, Walters in view of Nakajima does not expressly disclose the fastening device of claim 1, wherein the distance between the first compartment and the second compartment is 10 mm to 20 mm.
However, it would have been obvious to one having ordinary skill in the art at the time the invention was made to form the magazine such that the distance between the first compartment and the second compartment is 10 mm to 20 mm, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Regarding claim 3, Walters in view of Nakajima does not expressly disclose the fastening device of claim 1, wherein the distance between the first compartment and the second compartment is greater 10.9 mm.
However, it would have been obvious to one having ordinary skill in the art at the time the invention was made to form the magazine such that the distance between the first compartment and the second compartment is greater than 10.9 mm, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Regarding claim 4, Walters discloses the fastening device of claim 1, wherein the end cap channel has a body compartment (Fig. 2A, item 42) (Para. 0032-0037) interconnected with the second compartment (Para. 0032-0037).
Regarding claim 5, Walters discloses the fastening device of claim 1, wherein the end cap channel further includes a connector compartment (Fig. 2A, item 38) (Para. 0032-0037) connecting the first compartment to the second compartment (Para. 0032-0037).
Regarding claim 103, Walters discloses the fastening device of claim 1, further comprising a guide (Fig. 4, item 30a, 62a, 64b) positioned within in the magazine channel (Fig. 4), the guide having a rectangular cross-sectional shape (Fig. 4, guide has rectangular cross section), the guide defining a guide slot (Fig. 4, item 64b) that is positioned within the magazine channel (Fig. 4) and aligned with the magazine slot (Fig. 4).
Claims 6-10, 12-17, and 104 are rejected under 35 U.S.C. 103 as being unpatentable over Walters et al (US 2014/0331474), hereinafter Walters, in view of Nakajima et al (US 2022/0176532), hereinafter Nakajima.
Regarding claim 6, Walters discloses a fastening device (Fig. 1, item 10) comprising:
a fastener (Fig. 2B, item 12) including a body (Fig. 2B, item 12, 34a, 32a, 34b) having a tip (Fig. 2B, item 32a) and a second end (Fig. 2B, item 34a) opposite the tip, a first head (Fig. 2B, item 34a) positioned at the second end (Fig. 2B), and a second head (Fig. 2B, item 34b) positioned between the first end and the second end (Fig. 2B),
a magazine (Fig. 1, item 14) including
a magazine channel (Fig. 4, item 30a, 62a) having a rectangular cross-sectional shape (Fig. 4, magazine channel has a rectangular cross section) and configured to receive the first head of a fastener (Fig. 4) (Fig. 2A);
a magazine slot (Fig. 4, item 64a, 30b, 62b) interconnected with the magazine channel (Fig. 4) and configured to receive a body and a second head of the fastener (Fig. 2A);
a guide (Fig. 4, item 30a, 62a, 64b) positioned opposite the magazine channel (Fig. 4) and the magazine slot (Fig. 4), the guide circumscribing the magazine channel, (Fig. 4, guide has rectangular cross section), the guide defining a guide slot (Fig. 4, item 64b) that is positioned within the magazine channel (Fig. 4) and aligned with the magazine slot (Fig. 4);
an end cap channel (Fig. 2A, item 30a, 30b) having a first compartment (Fig. 2A, item 30a) interconnected with and spaced from a second compartment (Fig. 2A, item 30b) by a connector compartment (Fig. 2A, item 38), the first compartment and the second compartment cooperatively configured to receive (Para. 0032-0037) the second head (Fig. 2A, item 12, 12a) (Para. 0032-0037),
wherein a first distance (Para. 0032-0037) is defined between the first head and the second head (Para. 0032-0037) (Fig. 2A),
wherein a second distance (Para. 0032-0037) (Fig. 2A) is defined between the first compartment and the second compartment (Para. 0032-0037) (Fig. 2A),
wherein the second distance is the same (Para. 0032-0037) (Fig. 2A) as the first distance (Para. 0032-0037) (Fig. 2A) and limits at least one parameter (Para. 0032-0037) (Fig. 2A) of the fastener that is receivable in the magazine (Para. 0032-0037) (Fig. 2A), and
wherein a third distance (Fig. 4) defined between opposite ends of the magazine slot (Fig. 4) is greater than a fourth distance (Fig. 4) defined between opposite ends of the guide slot (Fig. 4).
Walter is silent about a nosepiece assembly including a firing channel from which consecutive fasteners from the magazine are driven along a driving axis, the nosepiece assembly including a recess that extends generally parallel to the firing channel and is on an opposite side of the firing channel from the magazine.
However, Nakajima teaches a nosepiece assembly (Nakajima, Fig. 4, item 13) including a firing channel (Nakajima, Fig. 5, item 97) from which consecutive fasteners (Nakajima, Fig. 5, item 78) from the magazine are driven along a driving axis (Nakajima, Para. 0045), the nosepiece assembly including a recess (Nakajima, Fig. 5, item 91A) that extends generally parallel to the firing channel (Nakajima, Fig. 5) and is on an opposite side of the firing channel from the magazine (Nakajima, Fig. 5).
It would have been obvious to a person of ordinary skill in the art at the effective filing date of the invention having the teachings of Walter and Nakajima to modify the fastening device of Walter to include the nosepiece assembly of Nakajima. A person of ordinary skill in the art would have been motivated to make such change in order to suppress contact of the nose part of the tool with the fastener due to the reaction caused by the striking part hitting the fastener (Nakajima, Para. 0006).
Walter in view of Nakajima does not expressly disclose wherein the recess has a width that is wider than a width of the body of the fastener but narrower than a width of either the first head or the second head. However, Nakajima teaches the width of recess 91A accommodates shaft 78A of fastener 78 such that the fastener is positioned at an incline B1 relative to the axis A1 running through channel 97 (see for example, Para. 0056 of Nakajima). It would have been obvious to a person of ordinary skill in the art having the teachings of Walter and Nakajima that the width of the recess is only wide enough to accommodate the body of the fastener but not the head of the fastener based on the orientation of the recess 91A taught by Nakajima.
Regarding claim 7, Walters in view of Nakajima does not expressly disclose the fastening device of claim 6, wherein the second distance between the first compartment and the second compartment is 10 mm to 20 mm.
However, it would have been obvious to one having ordinary skill in the art at the time the invention was made to form the magazine such that the distance between the first compartment and the second compartment is 10 mm to 20 mm, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Regarding claim 8, Walters in view of Nakajima does not expressly disclose the fastening device of claim 6, wherein the second distance between the first compartment and the second compartment is greater 10.9 mm.
However, it would have been obvious to one having ordinary skill in the art at the time the invention was made to form the magazine such that the distance between the first compartment and the second compartment is greater than 10.9 mm, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Regarding claim 9, Walters discloses the fastening device of claim 6, wherein the end cap channel has a body compartment (Fig. 2A, item 42) (Para. 0032-0037) interconnected with the second compartment (Para. 0032-0037).
Regarding claim 10, Walters discloses the fastening device of claim 6, wherein the end cap channel further includes a connector compartment (Fig. 2A, item 38) (Para. 0032-0037) connecting the first compartment to the second compartment (Para. 0032-0037).
Regarding claim 12, Walters discloses a fastening device (Fig. 1, item 10) comprising:
a fastener (Fig. 2B, item 12) including a body (Fig. 2B, item 12, 34a, 32a, 34b) having a tip (Fig. 2B, item 32a) and a second end (Fig. 2B, item 34a) opposite the tip, a first head (Fig. 2B, item 34a) positioned at the second end (Fig. 2B), and a second head (Fig. 2B, item 34b) positioned between the first end and the second end (Fig. 2B),
a magazine (Fig. 1, item 14) including
a magazine channel (Fig. 4, item 30a, 62a) having a rectangular cross-sectional shape (Fig. 4, magazine channel has a rectangular cross section) and configured to receive the first head of a fastener (Fig. 4) (Fig. 2A);
a magazine slot (Fig. 4, item 64a, 30b, 62b) interconnected with the magazine channel (Fig. 4) and configured to receive a body and a second head of the fastener (Fig. 2A);
an end cap channel (Fig. 2A, item 30a, 30b) having a first compartment (Fig. 2A, item 30a) interconnected with and spaced from a second compartment (Fig. 2A, item 30b) by a connector compartment (Fig. 2A, item 38),
wherein the first head is received in the first compartment (Para. 0032-0037) (Fig. 2A) and the second head is received in the second compartment (Para. 0032-0037) (Fig. 2A).
Walter is silent about a nosepiece assembly including a firing channel from which consecutive fasteners from the magazine are driven along a driving axis, the nosepiece assembly including a recess that extends generally parallel to the firing channel and is on an opposite side of the firing channel from the magazine.
However, Nakajima teaches a nosepiece assembly (Nakajima, Fig. 4, item 13) including a firing channel (Nakajima, Fig. 5, item 97) from which consecutive fasteners (Nakajima, Fig. 5, item 78) from the magazine are driven along a driving axis (Nakajima, Para. 0045), the nosepiece assembly including a recess (Nakajima, Fig. 5, item 91A) that extends generally parallel to the firing channel (Nakajima, Fig. 5) and is on an opposite side of the firing channel from the magazine (Nakajima, Fig. 5).
It would have been obvious to a person of ordinary skill in the art at the effective filing date of the invention having the teachings of Walter and Nakajima to modify the fastening device of Walter to include the nosepiece assembly of Nakajima. A person of ordinary skill in the art would have been motivated to make such change in order to suppress contact of the nose part of the tool with the fastener due to the reaction caused by the striking part hitting the fastener (Nakajima, Para. 0006).
Walter in view of Nakajima does not expressly disclose wherein the recess has a width that is wider than a width of the body of the fastener but narrower than a width of either the first head or the second head. However, Nakajima teaches the width of recess 91A accommodates shaft 78A of fastener 78 such that the fastener is positioned at an incline B1 relative to the axis A1 running through channel 97 (see for example, Para. 0056 of Nakajima). It would have been obvious to a person of ordinary skill in the art having the teachings of Walter and Nakajima that the width of the recess is only wide enough to accommodate the body of the fastener but not the head of the fastener based on the orientation of the recess 91A taught by Nakajima.
Regarding claim 13, Walters in view of Nakajima does not expressly disclose the fastening device of claim 12, wherein a distance between the first compartment and the second compartment is 10 mm to 20 mm.
However, it would have been obvious to one having ordinary skill in the art at the time the invention was made to form the magazine such that the distance between the first compartment and the second compartment is 10 mm to 20 mm, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Regarding claim 14, Walters in view of Nakajima does not expressly disclose the fastening device of claim 12, wherein a distance between the first compartment and the second compartment is greater 10.9 mm.
However, it would have been obvious to one having ordinary skill in the art at the time the invention was made to form the magazine such that the distance between the first compartment and the second compartment is greater than 10.9 mm, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Regarding claim 15, Walters discloses the fastening device of claim 12, wherein the end cap channel has a body compartment (Fig. 2A, item 42) (Para. 0032-0037) interconnected with the second compartment (Para. 0032-0037).
Regarding claim 16, Walters in view of Nakajima does not expressly disclose the fastening device of claim 12, wherein a distance between the first head and the second head is 10 mm to 20 mm.
However, it would have been obvious to one having ordinary skill in the art at the time the invention was made to form the magazine such that the distance between the first head and the second head is 10 mm to 20 mm, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Regarding claim 17, Walters in view of Nakajima does not expressly disclose the fastening device of claim 12, wherein a distance between the first head and the second head is greater 10.9 mm.
However, it would have been obvious to one having ordinary skill in the art at the time the invention was made to form the magazine such that the distance between the first head and the second head is greater than 10.9 mm, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Regarding claim 104, Walters discloses the fastening device of claim 12, further comprising a guide (Fig. 4, item 30a, 62a, 64b) positioned within in the magazine channel (Fig. 4) and positioned adjacent each wall thereof (Fig. 4), the guide defining a guide slot (Fig. 4, item 64b) that is positioned within the magazine channel (Fig. 4) and aligned with the magazine slot (Fig. 4).
Response to Arguments
Applicant’s arguments with respect to claims 1-10, 12-17, and 103-104 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
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/VERONICA MARTIN/Primary Examiner, Art Unit 3731