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 .
Claim Rejections - 35 USC § 102
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) 1-4, 11-14, 16-18 is/are rejected under 35 U.S.C. 102(a)(1) and 35 U.S.C. 102(a)(2) as being anticipated by Büsch et al. (W. I. P. O. Patent Application Publication WO2010000381A1) hereinafter BÜSCH.
Regarding claim 1, BÜSCH teaches (see Fig. 1 - Fig. 5 below) a magazine B1-01 suitable for receiving at least one fastening means 1,
- wherein the magazine B1-01 comprises at least one receiving cell B2-01,
- wherein each receiving cell B2-01 has a cell frame 2, 3, 6, 7 which has a through-opening 5,wherein the through-opening 5 extends through the receiving cell B2-01,
- wherein each receiving cell B2-01 has a multiplicity of engagement fingers 12 which extend from the cell frame 2, 3, 6, 7 with their free ends B2-02 of each engagement finger 12 into the through-opening 5, wherein each of the engagement fingers 12 has at least one rib 14.
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Regarding claim 2, BÜSCH teaches (see Fig. 1 - Fig. 5 above) magazine B1-01, wherein at least one engagement finger 12 of a receiving cell B2-01 has at least two ribs 14.
Regarding claim 3, BÜSCH teaches (see Fig. 1 - Fig. 5 above) magazine B1-01, wherein at least one engagement finger 12 of a receiving cell B2-01 has a control contour 20 such that, when pressure is applied to the control contour 20 along an insertion direction B2-03, the engagement finger 12 pivots out of the through-opening 5.
Regarding claim 4, BÜSCH teaches (see Fig. 1 - Fig. 5 above) magazine B1-01, wherein at least one insertion finger 12 of the receiving cell B2-01 is designed, as a result of pressure, to pivot outward toward the cell frame 2, 3, 6, 7.
Regarding claim 11, BÜSCH teaches (see Fig. 1 - Fig. 5 above) magazine B1-01, wherein the magazine B1-01 is in the form of a strip (FIG. 1).
Regarding claim 12, BÜSCH teaches (see Fig. 1 - Fig. 5 above) magazine B1-01, wherein the receiving cell B2-01 has at least one bending tab 8.
Regarding claim 13, BÜSCH teaches (see Fig. 1 - Fig. 5 above) magazine B1-01, wherein at least one cutout 19 has been made in the bending tab 8.
Regarding claim 14, BÜSCH teaches (see Fig. 1 - Fig. 5 above) a filled magazine B1-01 comprising a magazine B1-01, and at least one fastening means 1 having a collar 6, wherein, in the case of at least one of the fastening means 1, the collar 6 of the fastening means 1 is held by at least one engagement finger 12.
Regarding claim 16, BÜSCH teaches (see Fig. 1 - Fig. 5 above) a filled magazine B1-01 comprising a magazine B1-01, wherein when the pressure is applied, the engagement finger 12 pivots out of the through-opening 5 towards the cell frame 2, 3, 6, 7.
Regarding claim 17, BÜSCH teaches (see Fig. 1 - Fig. 5 above) a filled magazine B1-01 comprising a magazine B1-01, wherein at least one engagement finger 12 of a receiving cell B2-01 has a control contour 20 such that, when pressure is applied to the control contour 20 along an insertion direction B2-03, the engagement finger 12 pivots out of the through-opening 5.
Regarding claim 18, BÜSCH teaches (see Fig. 1 - Fig. 5 above) a filled magazine B1-01 comprising a magazine B1-01, wherein at least one insertion finger 12 of the receiving cell B2-01 is designed, as a result of pressure, to pivot outward toward the cell frame 2, 3, 6, 7.
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) 5, 9-10, 15, 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over BÜSCH.
Regarding claim 5, BÜSCH (as applied to claim 1 above) teaches all the limitations of the claim. BÜSCH further teaches (see Fig. 1 - Fig. 5 above) magazine B1-01, wherein two adjacent receiving cells B2-01 of the magazine B1-01 are connected together via a connecting portion 2, 3, wherein the connecting portion 2, 3 has an equal spring constant than an adjoining receiving cell B2-01.
BÜSCH fails to teach wherein the connecting portion 2, 3 has a lower spring constant than an than an adjoining receiving cell B2-01.
However, it would have been obvious to one having ordinary skill in the art at the time the invention was made to have formed (by material selection) connecting portion 2, 3 with lower spring constant than an than an adjoining receiving cell B2-01 in the magazine B1-01 of BÜSCH to meet design requirements. It has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Regarding claim 9, BÜSCH (as applied to claim 1 above) teaches all the limitations of the claim. BÜSCH fails to teach (see Fig. 1 - Fig. 5 above) magazine B1-01, wherein the magazine B1-01 is made from a biodegradable material.
However, it would have been obvious to one having ordinary skill in the art at the time the invention was made to have formed (by material selection) magazine B1-01 of BÜSCH of a biodegradable material to meet design requirements. It has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Regarding claim 10, BÜSCH (as applied to claim 1 above) teaches all the limitations of the claim. BÜSCH fails to teach (see Fig. 1 - Fig. 5 above) magazine B1-01, wherein the magazine B1-01 is entirely biodegradable.
However, it would have been obvious to one having ordinary skill in the art at the time the invention was made to have formed (by material selection) magazine B1-01 of BÜSCH being entirely biodegradable to meet design requirements. It has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Regarding claim 15, BÜSCH (as applied to claim 14 above) teaches all the limitations of the claim. BÜSCH further teaches (see Fig. 1 - Fig. 5 above) a method for setting the fastening means 1 in a wall and/or a ceiling on a construction site, the method comprising setting the fastening means 1 using a person having a setting tool (page 2, line 31, “… handling tool …”) having the filled magazine B1-01.
BÜSCH fails to teach method using a construction robot.
However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used a construction robot in the method of BÜSCH since it is held that broadly providing an automatic or mechanical means to replace a manual activity (i. e., setting the fastening means 1 using a person) which accomplished the same result is not sufficient to distinguish over the prior art. MPEP 2144.04 / III. AUTOMATING A MANUAL ACTIVITY
Regarding claim 19, BÜSCH (as applied to claim 2 above) teaches all the limitations of the claim. BÜSCH further teaches (see Fig. 1 - Fig. 5 above) magazine B1-01, wherein two adjacent receiving cells B2-01 of the magazine B1-01 are connected together via a connecting portion 2, 3, wherein the connecting portion 2, 3 has a same spring constant than an adjoining receiving cell B2-01.
BÜSCH fails to teach wherein the connecting portion 2, 3 has a lower spring constant than an than an adjoining receiving cell B2-01.
However, it would have been obvious to one having ordinary skill in the art at the time the invention was made to have formed (by material selection) connecting portion 2, 3 with lower spring constant than an than an adjoining receiving cell B2-01 in the magazine B1-01 of BÜSCH to meet design requirements. It has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Allowable Subject Matter
The following is an examiner’s statement of reasons for allowance: claim(s) 6-8, 20 are allowable because the prior art of record (i.e., BÜSCH) do not anticipate or make obvious structures of a “magazine B1-01” comprising “at least one connector”.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Lin et al. (China Patent Application Publication CN103511428A): Teaches a “band” with similar characteristics as the claimed invention.
Shadwell (U. S. Patent Application Publication US20180010627A1): Teaches a “securing member” with similar characteristics as the claimed invention.
Shinjo (U. S. Patent US5984096A): Teaches a “belt” with similar characteristics as the claimed invention.
Contact
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARCOS JAVIER RODRIGUEZ MOLINA whose telephone number is (571) 272-8947. The examiner can normally be reached M-F: 7:30 AM to 5:30 PM.
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, ANTHONY D. STASHICK can be reached on (571) 272-4561. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/M.J.R.M./
/Anthony D Stashick/Supervisory Patent Examiner, Art Unit 3735
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