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 § 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 1-14 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.
Regarding claim 1, “the insertion driver”, “the nail gun body”, “the interior channel”, and “the tip sheath” lack antecedent basis. Additionally, “a nail gun” in line 3 is indefinite because it is unclear if “a nail gun” in line 3 is the same as “a nail gun” in line 1. For examination purposes, “a nail gun” in line 3 is being interpreted to be “the nail gun”.
Regarding claim 4, “the tip sheath” and “the insertion driver” lacks antecedent basis.
Regarding claim 5, “the tip sheath” lacks antecedent basis.
Regarding claim 6, “the tip sheath” and “the nailgun body” lack antecedent basis.
Regarding claim 7, “the tip sheath” lacks antecedent basis.
Regarding claim 8, “the tip sheath” lacks antecedent basis.
Regarding claim 10, “the front” lacks antecedent basis.
Regarding claims 2-3, claims 2-3 are rejected because they depend from rejected claim 1.
Regarding claim 11, “the insertion driver”, “the nail gun body”, “the interior channel”, and “the tip sheath” lack antecedent basis.
Regarding claim 14, “the insertion driver” lacks antecedent basis.
Regarding claims 12-13, claims 12-13 are rejected because they depend from rejected claim 11.
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 1-10 are rejected under 35 U.S.C. 103 as being unpatentable over Liu et al (US 2018/0326567), hereinafter Liu, in view of Peng et al (US 2020/0398414), hereinafter Peng, further in view of Panasik et al (US 2006/0043140), hereinafter Panasik, further in view of Taylor et al (US 2005/0189390), hereinafter Taylor.
Regarding claim 1, Liu discloses a nail gun (Fig. 2) for installing panels with foam or other attachable materials, comprising:
a nailgun body (Fig. 2, item 2) with a front end (Fig. 2) from which a nail or other fastener (Para. 0022) is ejected the trigger is pulled (Para. 0022);
an adjustable tip (Fig. 2, item 4, 23) with a front end and a back end located on the front end of the nailgun body (Fig. 2), the adjustable tip comprising a cylindrical tip sheath (Fig. 2, item 4, 23) with a first end (Fig. 2, sheath 23 has a first end), a second end (Fig. 2, sheath 23 has a second end), and an interior (Fig. 2, interior runs along axis X) with a channel or hole extending from the second end to the first end (Fig. 2) (Para. 0023-0029), wherein the second end of the adjustable tip is attached to the front end of said nail gun body (Para. 0023-0029); and
wherein an insertion driver (Fig. 2, item 3, 31) (Para. 0023-0029) extends from the nail gun body through the interior channel (Fig. 2) (Para. 0023-0029) or hole in the cylindrical tip sheath (Fig. 2) (Para. 0023-0029) such that the distal end of the insertion driver extends a distal end distance (Para. 0023-0029) to a point even with or beyond the first end of the tip sheath (Fig. 2-3, insertion driver 31 extends beyond end of sheath 23) (Para. 0023-0029);
wherein the distal end distance is adjustable (Para. 0030-0035).
Liu does not expressly disclose the nail gun body has a handle, a trigger, a magazine for holding nails or other fasteners, and a driver mechanism, wherein the driver mechanism is configured to drive a nail or other fastener from the magazine through the insertion driver and out the distal end of the insertion driver when the trigger is pulled.
However, Peng teaches a nail gun (Peng, Fig. 1, item 10) comprising a nail gun body (Peng, Fig. 1, item 10, 12, 22, 28, 16) having a handle (Peng, Fig. 1, item 22), a trigger (Peng, Fig. 1, item 28), a magazine (Peng, Fig. 1, item 16) for holding nails or other fasteners (Peng, Para. 0037), and a driver mechanism (Peng, Para. 0009), wherein the driver mechanism is configured to drive a nail (Peng, Para. 0009) or other fastener from the magazine through the insertion driver (Peng, Para. 0009) and out the distal end of the insertion driver when the trigger is pulled (Peng, Para. 0009).
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 Liu and Peng to modify the nail gun of Liu to include the handle, trigger, and magazine of Peng. A person of ordinary skill in the art would have been motivated to make such change in order to provide a tool which is capable of driving a fastener to a required depth into materials of different hardnesses (Peng, Para. 0007).
Liu in view of Peng is silent about the driver mechanism comprising a hollow insertion driver with a distal end and a proximal end.
However, Panasik teaches a driver mechanism (Panasik, Fig. 1, item 30, 32, 40, 42) comprising a hollow insertion driver (Panasik, Fig. 1, item 40, 42, item 17) (Panasik, Para. 0017) with a distal end and a proximal end (Panasik, Para. 0017), wherein the driver mechanism is configured to drive a nail (Panasik, Para. 0017) or other fastener from the magazine with the insertion driver (Panasik, Para. 0017) and the distal end of the insertion driver when the trigger is pulled (Panasik, Para. 0017).
It would have been obvious to a person of ordinary skill in the art at the effective filing date of the invention having the teaches of Liu, Peng, and Panasik to modify the driver mechanism of Liu in view of Peng to include the hollow insertion driver of Panasik. A person of ordinary skill in the art would have been motivated to make such change in order to obtain a lighterweight driving component without sacrificing the strength of the driving component (Panasik, Para. 0017).
Liu in view of Peng in view of Panasik is silent about the nail gun having a locking arm extending from the tip sheath and configured to releasably engage a spring-clip lock on the nailgun body, wherein the spring-clip lock when engaged hold the tip sheath in a fixed position, and the tip sheath is removable when the spring-clip lock is released.
However, Taylor teaches a nail gun (Taylor, Fig. 1, item 12) having a locking arm (Taylor, Fig. 3, item 28) extending laterally (Taylor, Fig. 3, locking arm 28 extends in a lateral direction) from a tip (Taylor, Fig. 3, item 26) with a distal end of the locking arm configured to releasably engage a spring-clip lock (Taylor, Fig. 3, item 34) on the nailgun body (Taylor, Para. 0031-0034), wherein the spring-clip lock when engaged (Taylor, Para. 0031-0034) holds the tip in a fixed position (Taylor, Para. 0031-0034) on an insertion driver, and the tip is removable when the spring-clip lock is released (Taylor, Para. 0031-0034) by pressure applied to a release button (Taylor, Fig. 3, item 72) on the locking arm (Taylor, Para. 0031-0034).
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 Liu, Peng, Panasik, and Taylor to modify the nail gun of Liu in view of Peng in view of Panasik to include the locking arm of Taylor. A person of ordinary skill in the art would have been motivated to make such change in order to allow the user to replace the depth adjustment mechanism of the tool when needed without needed to replace the entire tool (Taylor, Para. 0012).
Regarding claim 2, Liu discloses the nail gun of claim 1, wherein the distal end distance is adjustable in fixed increments (Para. 0030-0035).
Regarding claim 3, Liu discloses the nail gun of claim 1, wherein the distal end distance is continuously adjustable within a fixed range (Para. 0030-0035).
Regarding claim 4, Liu discloses the nail gun of claim 1, wherein the distal end distance is adjustable by movement (Para. 0030-0035, operating member 44 is slides to adjust the movement of insertion driver) of the tip sheath with respect to the insertion driver (Para. 0030-0035).
Regarding claim 5, Liu discloses the nail gun of claim 1, wherein the tip sheath sliding (Para. 0023-0029) moves linearly along a guide rail (Fig. 2, item 424) with stop at preset thicknesses (Para. 0023-0029).
Regarding claim 6, Liu discloses the nail gun of claim 1, wherein the tip sheath is removably attached to the nailgun body (Claim 2, positioning assembly is removable).
Regarding claim 7, Liu discloses the nail gun of claim 1, wherein the first end of the tip sheath is planar (Fig. 2, first end of tip sheath 23 is flat).
Regarding claim 8, Liu in view of Peng further in view of Taylor does not expressly disclose the nail gun of claim 1, wherein the first end of the tip sheath is knurled or textured.
However, it would have been obvious to one having ordinary skill in the art at the time the invention was made to form the material of the tip sheath with knurled or textured material, since 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. See also Ballas Liquidating Co. v. Allied industries of Kansas, Inc. (DC Kans) 205 USPQ 331.
Regarding claim 10, as combined above, Taylor teaches the nail gun of claim 1, further comprising pads (Taylor, Para. 0034) that removably attach to the front end of the adjustable sheath (Taylor, Para. 0034).
Liu in view of Peng further in view of Taylor does not expressly disclose the pads are a plurality of ring-shaped pads. However, it would have been an obvious matter of design choice to make the different portions of the pads of whatever form or shape was desired or expedient. A change in form or shape is generally recognized as being within the level of ordinary skill in the art, absent any showing of unexpected results. In re Dailey et al., 149 USPQ 47.
Claims 11-14 are rejected under 35 U.S.C. 103 as being unpatentable over Martens (US 2015/0013163) in view of Liu et al (US 2018/0326567), hereinafter Liu, in view of Peng et al (US 2020/0398414), hereinafter Peng, further in view of Panasik further in view of Taylor et al (US 2005/0189390), hereinafter Taylor.
Regarding claim 11, Martens discloses a system (Fig. 5) for fastening a sheathing panel with a foam layer, comprising:
a sheathing panel (Fig. 5, item 110, 108, 106, 113, 112, 114) with a first face and a second face (Fig. 5), wherein the first face is covered by a foam layer (Para. 0038) of a first thickness (Para. 0038-0040);
a pneumatic nailgun (Fig. 5, item 500) comprising
a nailgun body (Fig. 5, item 500) with a front end (Fig. 5, item 422) from which a nail or other fastener is ejected the trigger is pulled (Para. 0051); the nail gun having a tip sheath (Fig. 4, item 410, 420, 440), and a driver mechanism (Fig. 4, item 420, 434, 430) comprising an insertion driver (Fig. 4, item 420, 434, 430), wherein the driver mechanism is configured to drive a nail (Para. 0051-0052) or other fastener through the insertion driver (Para. 0051-0052) and out the distal end of the insertion drive (Para. 0051-0052) when the trigger is pulled (Para. 0051-0052);
when the nailgun is operated to drive a nail into the sheathing panel (Para. 0038-0040), the insertion driver extends completely through the foam layer (Para. 0038-0040) (Fig. 5, insertion driver 420 extends completely through foam layer) such that the distal end of the insertion driver is in contact with the first face of the sheathing panel (Para. 0038-0040).
Martens does not expressly disclose the pneumatic nail gun comprising an adjustable tip located on the front end of the nailgun body, the adjustable tip comprising a cylindrical tip sheath with a first end, a second end, and an interior with a channel or hole extending from the second end to the first end, wherein the tip sheath is attached at its second end to the nailgun body; and an insertion driver with a distal end and a proximate end, the insertion driver extending through the channel or hole of the tip sheath, wherein the distal end extends a distance beyond or even with the first end of the tip sheath; wherein the distal end distance is adjustable to match the thickness of the foam.
Liu discloses a nail gun (Fig. 2) for installing panels with foam or other attachable materials, comprising:
a nailgun body (Fig. 2, item 2) with a front end (Fig. 2) from which a nail or other fastener (Para. 0022) is ejected the trigger is pulled (Para. 0022);
an adjustable tip (Fig. 2, item 4, 23) located on the front end of the nailgun body (Fig. 2), the adjustable tip comprising a cylindrical tip sheath (Fig. 2, item 4, 23) with a first end (Fig. 2, sheath 23 has a first end), a second end (Fig. 2, sheath 23 has a second end), and an interior (Fig. 2, interior runs along axis X) with a channel or hole extending from the second end to the first end (Fig. 2) (Para. 0023-0029), wherein the tip sheath is attached at its second end to the nailgun body (Para. 0023-0029); and
wherein an insertion driver (Fig. 2, item 3, 31) (Para. 0023-0029) extends from the nail gun body through the interior channel (Fig. 2) (Para. 0023-0029) or hole in the cylindrical tip sheath (Fig. 2) (Para. 0023-0029) such that the distal end of the insertion driver extends a distal end distance (Para. 0023-0029) to a point even with or beyond the first end of the tip sheath (Fig. 2-3, insertion driver 31 extends beyond end of sheath 23) (Para. 0023-0029);
wherein the distal end distance is adjustable is adjustable to match the thickness of the foam (Para. 0030-0035, distal end distance is adjustable and is capable of matching thickness of foam).
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 Martens and Liu to modify the system of Martens to include the adjustable tip of Liu. A person of ordinary skill in the art would have been motivated to make such change in order to provide a adjustable tip of a tool which is convenient, easy to use, and does not get in the way of the tool body (Liu, Para. 0004-0006).
Martens in view of Liu does not expressly disclose the nail gun body has a handle, a trigger, and a magazine for holding nails or other fasteners.
However, Peng teaches a nail gun (Peng, Fig. 1, item 10) comprising a nail gun body (Peng, Fig. 1, item 10, 12, 22, 28, 16) having a handle (Peng, Fig. 1, item 22), a trigger (Peng, Fig. 1, item 28), and a magazine (Peng, Fig. 1, item 16) for holding nails or other fasteners (Peng, Para. 0037).
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 Martens, Liu and Peng to modify the nail gun of Martens in view of Liu to include the handle, trigger, and magazine of Peng. A person of ordinary skill in the art would have been motivated to make such change in order to provide a tool which is capable of driving a fastener to a required depth into materials of different hardnesses (Peng, Para. 0007).
Martens in view of Liu further in view of Peng is silent about the driver mechanism comprising a hollow insertion driver with a distal end and a proximal end.
However, Panasik teaches a driver mechanism (Panasik, Fig. 1, item 30, 32, 40, 42) comprising a hollow insertion driver (Panasik, Fig. 1, item 40, 42, item 17) (Panasik, Para. 0017) with a distal end and a proximal end (Panasik, Para. 0017), wherein the driver mechanism is configured to drive a nail (Panasik, Para. 0017) or other fastener from the magazine with the insertion driver (Panasik, Para. 0017) and the distal end of the insertion driver when the trigger is pulled (Panasik, Para. 0017).
It would have been obvious to a person of ordinary skill in the art at the effective filing date of the invention having the teaches of Liu, Peng, and Panasik to modify the driver mechanism of Liu in view of Peng to include the hollow insertion driver of Panasik. A person of ordinary skill in the art would have been motivated to make such change in order to obtain a lighterweight driving component without sacrificing the strength of the driving component (Panasik, Para. 0017).
Martens in view of Liu in view of Peng in view of Panasik is silent about the nail gun having a locking arm extending from the tip sheath and configured to releasably engage a spring-clip lock on the nailgun body, wherein the spring-clip lock when engaged hold the tip sheath in a fixed position, and the tip sheath is removable when the spring-clip lock is released by pressure applied to a release button on the locking arm.
However, Taylor teaches a nail gun (Taylor, Fig. 1, item 12) having a locking arm (Taylor, Fig. 3, item 28) extending laterally (Taylor, Fig. 3, locking arm 28 extends in a lateral direction) from a tip (Taylor, Fig. 3, item 26) with a distal end of the locking arm configured to releasably engage a spring-clip lock (Taylor, Fig. 3, item 34) on the nailgun body (Taylor, Para. 0031-0034), wherein the spring-clip lock when engaged (Taylor, Para. 0031-0034) holds the tip in a fixed position (Taylor, Para. 0031-0034) on an insertion driver, and the tip is removable when the spring-clip lock is released (Taylor, Para. 0031-0034) by pressure applied to a release button (Taylor, Fig. 3, item 72) on the locking arm (Taylor, Para. 0031-0034)
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 Martens, Liu, Peng, Panasik, and Taylor to modify the nail gun of Martens in view of Liu in view of Peng in view of Panasik to include the locking arm of Taylor. A person of ordinary skill in the art would have been motivated to make such change in order to allow the user to replace the depth adjustment mechanism of the tool when needed without needed to replace the entire tool (Taylor, Para. 0012).
Regarding claim 12, Martens teaches the system of claim 11, wherein when the nailgun is operated to drive a nail into the first face of the sheathing panel, the foam layer is substantially undamaged (Para. 0038-0040, foam layer is substantially undamaged).
Regarding claim 13, Martens teaches the system of claim 11, wherein when the nailgun is operated to drive a nail into the sheathing panel, a portion of the foam layer remains above the nail after being driven into the sheathing panel (Para. 0038-0040) (Fig. 5, portion of foam layer 110 remains above the fastener).
Regarding claim 14, Martens teaches the system of claim 11, when the nailgun is operated to drive a nail into the sheathing panel, the first end of the tip sheath is in contact with the foam layer (Para. 0038-0040) (Fig. 5, tip sheath 410, 420, 440 contacts foam layer 110).
Response to Arguments
Applicant's arguments filed 12/01/2025 have been fully considered but they are not persuasive for the following reasons:
Regarding Applicant’s arguments that Liu does not disclose the claimed limitations because Liu pertains to a depth-of-drive mechanism and a safety mechanism, Examiner disagrees. Liu, in combination with the above cited references, teaches all of the limitations of the claims. Applicant argues that the present invention does not modify or adjust the nail gun’s depth of drive and the tip sheath moves along the insertion driver to set the distal end distance, Examiner notes these features are not claimed. Examiner recommends further clarifying the claim limitations to align with Applicant’s asserted distinctions between the present invention and the prior art. Therefore the rejection is maintained.
Regarding Applicant’s argument that Liu does not teach the limitation of the tip sheath is in a fixed position when mounted and in operation, Examiner notes this limitation is not contained in the claims. If Applicant wishes Examiner to consider this limitation, Examiner recommends incorporating the limitation into the claim. Therefore the rejection is maintained.
Regarding Applicant’s argument that the locking mechanism of Taylor is different from the locking arm of the present invention, Examiner notes that Taylor teaches all of the claimed features of the locking arm as claimed. Applicant points out differences between the locking arm of the present invention and the locking mechanism of Taylor. However, as discussed in the 35 USC 103 rejection above, Taylor teaches the claimed limitations of the locking arm. Examiner recommends further clarifying the claim limitations to align with Applicant’s asserted distinctions between the present invention and the prior art. Therefore the rejection is maintained.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VERONICA MARTIN whose telephone number is (571)272-3541. The examiner can normally be reached Monday-Thursday 8:00-6:00.
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, Anna Kinsaul can be reached at (571)270-1926. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/VERONICA MARTIN/Primary Examiner, Art Unit 3731
Prosecution Insights