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 .
Specification
The brief summary in the specification is missing.
Claim Objections
Claims 1-15 are objected to because “rooftile” should be --roof tile--. Appropriate correction is required.
Drawings
Figure 5 should be designated by a legend such as --Prior Art-- because only that which is old is illustrated. Figure 5 is described as “a perspective view showing use of the prior art nail gun of Figure 3 to use the protruding lead nail to commence locating pre-punched nail hole in a prior art roofing steeltile”. See MPEP § 608.02(g). Corrected drawings in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. The replacement sheet(s) should be labeled “Replacement Sheet” in the page header (as per 37 CFR 1.84(c)) so as not to obstruct any portion of the drawing figures. 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 § 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.
Claims 13-15 - are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Applicant’s admitted prior art (figs. 3-5, paras. 7-11, 61, and 62).
13. APA teaches a nail kit comprising:
a nail gun (figs. 3 and 5) having a nail rack mount (the rear bracket);
a nail rack (nail magazine) having:
a first lead nail (the first nail in the nail strip) with a first lead nail tip extending from a first lead nail shank, the nail rack mountable in the nail rack mount with the first lead nail tip protruding externally from the nail gun prior to the nail gun moving of the first lead nail tip in the nail rack, fig. 5;
a second nail (the second nail in the nail strip) having a second nail shank parallel to a first nail shank in the first lead nail prior to the nail gun moving of the first lead nail tip in the nail rack.
14. APA teaches the kit of claim 13, APA further teaching the first lead nail tip is spaced forward of the second nail tip, fig. 4.
15. APA teaches the kit of claim 14, APA further teaching the second nail capable of moving in the nail rack to take the position of the first lead nail, with the second nail tip protruding externally of the nail gun, when the first lead nail is ejected from the nail rack by the nail gun (nail gun nails on a strip are designed to advance one nail at a time).
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.
Claims 1-12 - are rejected under 35 U.S.C. 103 as being unpatentable over Naden (5,174,092) in view of Caselli (11,959,279) and Liang (7,905,378).
1. Naden teaches a method of installing a rigid roof tile (the tile is rigid metal) comprising:
placing a first rigid roof tile 10 in a desired position on a roof substrate 12 and driving a first nail 36a into a first nail mounting passage 34a in the first rigid rooftile. Naden does not teach grasping a nail gun having a nail rack mounted in the nail gun, the nail rack having a plurality of nails with nail shanks mounted in parallel in the rack and having a first lead nail with a first lead nail tip protruding externally from the nail gun; moving the nail gun and first protruding lead nail tip to penetrate the first nail mounting passage in the first rigid rooftile; and activating the nail gun to shoot the first lead nail into the first nail mounting passage in the first rigid roof tile. Liang teaches grasping a nail gun 10 having a nail rack mounted in the nail gun, the nail rack having a plurality of nails with nail shanks mounted in parallel in the rack and having a first lead nail 9, fig. 1, with a first lead nail tip protruding externally from the nail gun, fig. 1; moving the nail gun and first protruding lead nail tip to penetrate the first nail mounting passage in the first rigid member 81, figs. 13-15; and activating the nail gun to shoot the first lead nail into the first nail mounting passage in the first rigid member, fig. 15 and Caselli teaches using a nail gun, col. 11, lines 45-50, to secure metal roof tiles, col. 2, lines 7-14. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention for Naden to include grasping a nail gun having a nail rack mounted in the nail gun, the nail rack having a plurality of nails with nail shanks mounted in parallel in the rack and having a first lead nail with a first lead nail tip protruding externally from the nail gun; moving the nail gun and first protruding lead nail tip to penetrate the first nail mounting passage in the first rigid rooftile; and activating the nail gun to shoot the first lead nail into the first nail mounting passage in the first rigid roof tile as taught by Caselli and Liang to reduce installation time.
2. Naden in view of Caselli and Liang teach the rigid rooftile installing method of claim 1, Naden in view of Caselli and Liang further teaching the activating step includes shooting the first lead nail into and through the first nail mounting passage in the first rigid rooftile and the roof substrate (the nail is fully seated so the tile is secure).
3. Naden in view of Caselli and Liang teach the rigid rooftile installing method of claim 1, Naden in view of Caselli and Liang further comprising again moving the nail gun and a second protruding lead nail tip to penetrate a second nail mounting passage or depression in a second rigid rooftile; and activating the nail gun to shoot the second lead nail into the second nail mounting passage or depression in the second rigid rooftile (there are two nail holes).
4. Naden in view of Caselli and Liang teach the rigid rooftile installing method of claim 1, Naden in view of Caselli and Liang further comprising: again moving the nail gun and a second protruding lead nail tip to penetrate a second nail mounting passage in a second rigid rooftile; and activating the nail gun to shoot the second lead nail into and through the second nail mounting passage or depression in the second rigid rooftile and penetrate the roof substrate (there are two tile nail holes).
5. Naden in view of Caselli and Liang teach the rigid rooftile installing method of claim 1, Naden further comprising the first rigid rooftile is a metal rooftile, col. 1, lines 5-7.
6. Naden in view of Caselli and Liang teach the rigid rooftile installing method of claim 2, Naden further comprising the first rigid rooftile is a metal rooftile, col. 1, lines 5-7.
7. Naden in view of Caselli and Liang teach the rigid rooftile installing method of claim 1, Naden further comprising the first and second rigid rooftile is a metal rooftile, col. 1, lines 5-7.
8. Naden in view of Caselli and Liang teach the rigid rooftile installing method of claim 4, Naden further comprising the first and second rigid rooftile is a metal rooftile, col. 1, lines 5-7.
9. Naden in view of Caselli and Liang teach the rigid roof tile installing method of claim 1, Naden further teaching the rigid roof tile is a preformed sheet metal roof tile, col. 1, lines 5-7, figs. 1-3.
10. Naden in view of Caselli and Liang teach the rigid roof tile installing method of claim 2, Naden further teaching the first rigid rooftile is a preformed sheet metal rooftile, col. 1, lines 5-7.
11. Naden in view of Caselli and Liang teach the rigid roof tile installing method of claim 3, Naden further teaching the first rigid rooftile and second rigid rooftile are each preformed sheet metal rooftiles, col. 1, lines 5-7, figs. 1-3.
12. Naden in view of Caselli and Liang teach the rigid roof tile installing method of claim 4, Naden further teaching the first rigid rooftile and second right rooftile are each preformed sheet metal roof tile, col. 1, lines 5-7, figs. 1-3.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL J KENNY whose telephone number is (571)272-9951. The examiner can normally be reached Monday-Friday 8am-5pm.
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/DANIEL J KENNY/ Examiner, Art Unit 3633