Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
This action is in response to the documents filed January 22, 2026.
Response to Arguments
Applicant's arguments filed January 22, 2026 have been fully considered but they are not persuasive.
On page 6 of the pending arguments, Applicant discusses the amendments to claim 1 to recite fasteners having a first length or fasteners having a second length in the preamble to support the reference to the fasteners of first and second lengths in the body of the claim for which the system is intended to be used. However, Examiner maintains that the claimed system does not definitively recite the structure of the fasteners as a part of the claimed system. Instead, the system is drawn to a drive channel, a feed channel, stop pawls and nail stops. Nonetheless, as expressed in the rejection, a difference in fastener (nail shank) length would not negate the system disclosed by HAGAN from effectively operating.
To better define Applicant’s invention over that of the prior art, Examiner encourages Applicant to define the configuration of the pawls relative to the nail stops rather than a fastener intended to be used with the fastener driving device.
Page 7 of the pending arguments is drawn to the structural configuration of the nail stops as claimed by Applicant. In particular, Applicant has argued that the claimed invention has different nail stops for the purpose of engaging different portions of fasteners depending on the length of the fastener. In that regard, Applicant has argued that the pending rejection is improper since the reference number 440 was provided to define both the second nail stop and the movable nail stop. Examiner would like to note that column 7 lines 64-65 of HAGAN references figure 12 and states that a follower structure 404 may include a plurality of stop tooth 440, thereby supporting the position taken in the office that a plurality of elements can be labeled with the reference number 440. To clearly distinguish such a configuration, Examiner provided a diagram of figure 12 below.
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 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 pre-AIA 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 –
(b) the invention was patented or described in a printed publication in this or a foreign country or in public use or on sale in this country, more than one year prior to the date of application for patent in the United States.
Claims 1-13 are rejected under pre-AIA 35 U.S.C. 102(b) as being anticipated by HAGAN (US 7,950,556).
Regarding claims 1 and 13, HAGAN discloses a system comprising: a drive channel 76 to expel fasteners 94, 500; a feed channel (see Diagram I of Figure 21E below) providing the fasteners to the drive channel 76 along a feed channel direction F; a plurality of stop pawls 370, 372 (Figure 10) positioned for engagement by each of the fasteners fed within the feed channel along the feed channel direction F to the drive channel (column 6 lines 17-25); a plurality of nail stops including a first nail stop 822 and a second nail stop 440 positioned to engage a head portion of fasteners having a first nail length; and a movable nail stop (lower protrusion 440; Diagram II below of figure 12) provided within the feed channel between the first nail stop 822 and at least one of the stop pawls 370 (see Diagram I below), the movable nail stop positioned to engage a head portion of a fastener having a second length and the shank portion of fasteners having the first length.
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Diagram I
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Diagram II
The first and second lengths of the fasteners are found to be defined from an upper head surface of a fastener to a lower shaft point; wherein the difference between a first and second length can be as small as 1/64 of an inch. The phrases “head portion” an “shank portions” have been interpreted as shown below (see Diagram III).
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Diagram II
With respect to claims 2, 4-6, 8 and 10, figures 21A and 22A of HAGAN further discloses the plurality of stop pawls 370, 372 are configured to prevent movement of fasteners of different lengths along a direction opposite to the feed channel direction F; and, wherein the first, second and movable nails tops are a physical barrier to prevent first and second fasteners from moving into the drive channel of the nose assembly.
In reference to claim 3, HAGAN discloses a fastener driving device comprising: a nose assembly 18 having a drive channel 76; a magazine 14 configured support fasteners 94, 500 of different lengths though a feed channel (figure 21E; see Diagram I above) in a direction F toward the nose assembly 18; a first stop pawl 802 having a distal end 822 adapted to extend from one side of the feed channel into the feed channel between a first fastener 94a and an adjacent second fastener 94b (see Diagram I above); and a second stop pawl 404 having a distal end 440 adapted to extend from the one side of the feed channel into the feed channel between first fastener 94a and the adjacent second fastener 94b, the first stop pawl 802 positioned closer the drive channel 76 than the second stop pawl 404; wherein the first stop pawl 802 and the second stop pawl 802 are configure to engage and prevent movement of fasteners 94a, 94’ having different lengths along a direction opposite to the feed channel direction (figure 21A).
Regarding claim 7, figure 21E of HAGAN further discloses the second nail stop including a land surface (see Diagram III below).
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Diagram III
With respect to claims 9 and 11, HAGAN further discloses a pivot pin 406 that allows the movable nail stop to pivot out of the feed channel to permit fasteners to fed into the drive channel.
In reference to claim 12, figures 1 and 21A of HAGAN further discloses the feed channel to extend along a longitudinal axis that is substantially perpendicular to the feed channel direction.
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 pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 14 and 15 are rejected under pre-AIA 35 U.S.C. 103 as being unpatentable over HAGAN (US 7,950,556) in view of CHOU (US 4,815,647) and BIRK et al. (US 6,796,476).
Regarding claims 14 and 15, HAGAN discloses a fastener driving device comprising a plurality of pawls pivotably positioned within a feed channel, wherein the pawls are spaced longitudinally relative to one another. HAGAN does not disclose the exact dimensions of the spacing between the pawls.
Figure 2 of CHOU teaches a fastener driving device comprising a plurality of pawls 72 positioned within the feed channel of a magazine 4, wherein an uppermost pawl appears to be spaced from a lowermost in a dimension of approximately 1 inch. BIRK et al. further teaches fastener device comprising a pivotable pawl 66 within a feed channel configured to accommodate fasteners having a length of 1.5 inches to 3 inches (column 5 lines 7-32). It would have been obvious to one having ordinary skill in the art at the time of filing the invention to have spaced the nail stops of HAGAN an inch apart since column 3 lines 6-12 of CHOU suggests such a modification allows the pawls to engage head portions of fasteners of a first heights within the feed channel without engage head portions of fasteners of a second height.; and wherein column 5 lines 7-32 of BIRK et al. teaches providing fasteners having a length difference of 1 inch within a single feed channel is well known in the art for the purpose of accommodating various work situations.
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.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Refer to the previous PTO-892 for a notice of references cited and recommended for consideration based on their disclosure of limitations related to the claimed invention; particularly the disclosures of COLECHIA et al. (US 3,330,462) and MUKOYAMA et al. (US 5,593,079 which disclose the knowledge in the art to orient the feed path of a magazine perpendicular to the axis of a drive channel. The current PTO-892 cites prior art that disclose the explicit knowledge in the art to provide a magazine with channels that explicitly support fasteners of various lengths wherein the fasteners are engaged by a feed mechanism including pawls arranged along a longitudinal length of the feed mechanism for the purpose of engaging the fasteners of various lengths.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GLORIA R WEEKS whose telephone number is (571)272-4473. The examiner can normally be reached M-F 8am-2pm & 5pm-7pm EST.
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/GLORIA R WEEKS/Primary Examiner, Art Unit 3731
April 4, 2023
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