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 .
This action is in response to the documents received on December 5, 2025.
Response to Arguments
Applicant’s argument with respect to the pending claims 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.
Applicant’s arguments filed December 5, 2025, with respect to the amendment to the pending claims to overcome the 35 USC 102 rejection(s) have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new grounds of rejection is made in view of SUGIHARA et al. (US 9,687,996) and KANAI et al. (US 5,474,222).
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 1-6 are rejected under 35 U.S.C. 103 as being unpatentable over SUGIHARA et al. (US 9,687,996) in view of KANAI et al. (US 5,474,222).
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Diagram I
In reference to claim 1, SUGIHARA et al. discloses a refill 11 (figure 13) comprising: a staple accommodating portion 13 including: a bottom wall 12e configured to support a stack of staples 10; a first wall 12b opposing a second wall 12c, each of the first wall 12b and second wall 12c are erected from the bottom wall 12e; a front wall 12a connecting the first wall 12b and second wall 12c, the front wall 12a having a discharging port 16 configured to discharge a staple from the stack of staples 10; an opening (figure 13) opposing the bottom wall 12e; a cover member 15 configured to be fitted within the opening (figures 16-17) above the stack of staples 10 and descend within the accommodating portion 13 along a stacking direction as staples from the stack are discharged through the discharging port 16; a protrusion portion 32 protruding from an upper surface of the cover member 15, the protrusion portion 32 having a top surface (see Diagram I of figure 10 above) configured to be positioned above (figures 18-19) upper edges of the first wall 12b and the second wall 12c when the stack of staples are in the staple accommodating portion 13.
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Diagram II
The protrusions 32 of the cover disclosed by SUGIHARA et al. are symmetrically positioned at edges of the cover upper surface, not at center position. Figure 12 of KANAI et al. teaches a refill cover member 112 configured to be fitted within an opening of an accommodating portion 4 above a stack of staples 27 and descend within the accommodating portion 4 along a stacking direction as staples from the stack are discharged through a discharging port; a protrusion portion (see Diagram II above) protruding from an upper surface of the cover member 112 at a substantially central portion of the cover member 112 in a direction extending between a first side wall and second side wall of the accommodating portion 4. It would have been obvious to one having ordinary skill in the art at the time of filing the invention to provide a protrusion at a central portion of the cover or at edges of the cover portion since the combined disclosures of SUGIHARA et al. and KANAI et al. suggest that the selection of either orientation for a protrusion would be within the level of ordinary skill in the art of fastener refills for the purpose of guiding the cover within the opening of the accommodating portion.
Regarding claim 2, SUGIHARA et al. further discloses the protrusion portions extending from a front part of the cover member upper surface, proximal to the front wall 12a.
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Diagram III
With respect to claim 3, SUGIHARA et al. further discloses the front wall 12a having an opening 18 above the discharging port 16 and extending from an upper surface of the front wall 12a, wherein figure 14 discloses the cover member descended to a lowest position such that the top surface of each protrusion portion is positioned above a lower end edge (see Diagram III of figure 14 above) of the opening 18 of the front wall 12a.
In reference to claim 4, SUGIHARA et al. further discloses the refill 11 configured to be loaded into a cartridge 61; wherein figures 38 & 42 of SUGIHARA et al. discloses a pressing member 66 provided on the cartridge, such that the pressing member 66 presses engaging surfaces edge (see Diagram I of figure 14 above) of the protrusion portion in the stacking direction.
Regarding claims 5 and 6, SUGIHARA et al. further discloses the protrusion portion has a front surface adjacent (parallel) to the front wall, a top surface contiguous to the front surface, and a protruding (concave) rear surface 31 contiguous to the top surface and positioned opposite to the front surface; wherein figure 42 of SUGIHARA et al. discloses the pressing member engaging the rear surface 31.
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 attached PTO-892 for a notice of references cited and recommended for consideration based on their disclosure of limitations related to the claimed invention.
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
September 5, 2025