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 .
Application Status
This action is responsive to the claims filed 26 November 2024.
Claims 1-7, 9, 11, 13, 15, 17-19, 21-22, 24, and 27-28 are currently pending and being examined. Claim 29 is withdrawn from consideration.
Election/Restrictions
Applicant’s election of the invention of Group I (claims 1-7, 9, 11, 13, 15, 17-19, 21-22, 24, and 27-28) in the reply filed on 19 November 2025 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Claim 29 is withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 19 November 2025.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Drawings
Figures 1 and 2 should be designated by a legend such as --Prior Art-- because only that which is old is illustrated. 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.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: at least 320, 322, and 328. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). 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 Objections
Claims 2-7, 9, 11, 13, 15, 17-19, 21-22, 24, and 27 are objected to because of the following informalities:
Claims 2-7, 9, 11, 13, 15, 17-19, 21-22, and 24, line 1, recites “A pipe clip dispensing device”, should read “The pipe clip dispensing device” (emphasis added).
Claim 2 lines 1-2 recites “the clip cartridge” should read “the pipe clip cartridge”.
Claim 7 line 3 recites “pipe clips” should read “the pipe clips”.
Claim 19 line 2 recites “a clip” should read “the pipe clip”.
Claim 19 line 2 recites “it” should read “the pipe clip”.
Claim 27 line 7 recites “a fastener gun”, which was previously positively recited, therefore should be deleted.
Appropriate correction is required.
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.
Claims 1-7, 9, 11, 13, 15, 17-19, 21, and 27 are rejected under 35 U.S.C. 103 as being unpatentable over Lin (US 2017/0036333) in view of Becht (US 4,625,903).
Lin teaches:
Claim 1: A pipe clip dispensing device (at least 20-fig.2) for facilitating mounting of a pipe to a support (¶[0006]), the pipe clip dispensing device comprising:
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a pipe clip cartridge (20-fig.3) defining an internal pipe clip chamber (22-fig.3) for receiving a plurality of pipe clips (10-fig.3) therein and providing a pipe clip positioning region (40-fig.1) for holding and positioning a pipe clip of the plurality of pipe clips for fixing to the support (¶[0030]) by a fastener delivered from a fastener delivery part (41-fig.3) of a fastener gun (99-fig.1); and
a fastener gun mounting for mounting the clip cartridge on the fastener gun (annotated fig.1).
Lin does not expressly teach a cartridge is coupled to the fastener gun mounting such that the positioning region is moveable towards and away from the fastener delivery part of the fastener gun.
However, Becht teaches a cartridge (4-fig.1) is coupled to the fastener gun mounting such that the positioning region is moveable towards and away from the fastener delivery part of the fastener gun (6:49-7:7).
Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to modify the device of Lin, by having the magazine move towards and away from the delivery part of the nail gun, as taught by Becht, as a known alternative driving mechanism and operation, wherein there is no trigger, but the movement of the magazine acts as a trigger, thus simplifying the operation of the nail gun.
Lin as modified by Becht teaches:
A pipe clip dispensing device as claimed in claim 1, wherein the clip cartridge is configured so that in use a pipe clip being held and positioned by the pipe clip positioning region moves with the holding region, so that the pipe clip is moveable towards and away from the fastener delivery part of the fastener gun (Becht: 6:49-7:7).
Claim 3: A pipe clip dispensing device as claimed in 1, wherein the pipe clip positioning region comprises a contact region for contacting and bearing against a work contact element (Becht: 4a-fig.1) of a safety mechanism of a fastener gun (Becht: 7:13-50).
Claim 4: A pipe clip dispensing device as claimed in claim 1, wherein the pipe clip cartridge is pivotally coupled to the fastener gun mounting (Becht: 44,46,43,45-fig.1; Examiner notes that the magazine when in operation will pivot a little due to the configuration, especially over extended use of the tool the magazine will pivot more).
Claim 5: A pipe clip dispensing device as claimed in claim 4, wherein the pipe clip dispensing device (Lin:20-fig.2; Becht:4-fig.1) comprises a pivot joint (Becht: 44,46-fig.1) by which the pipe clip cartridge is mounted on the fastener gun (Becht: 6:49-7:7), the pivot joint comprising at least one first pivot part (Becht: 46-fig.1) provided on the pipe clip cartridge and at least one second pivot part provided on the fastener gun mounting (Becht: 6:49-7:7), and a pivotal connection (Becht:44-fig.1) between the at least one first pivot part and the at least one second pivot part so that the pipe clip cartridge can pivot relative to the fastener gun mounting (Becht: 6:49-7:7).
Claim 6: A pipe clip dispensing device as claimed in claim 5, wherein the at least one first pivot part (Becht: 46-fig.1) is provided on a side of the clip cartridge distal from the gun mount (Becht: see fig.1 showing 46 is located on a side of 4 and distal of 4a; 6:49-7:7).
Claim 7: A pipe clip dispensing device as claimed in claim 1, wherein the pipe clip cartridge comprises a cartridge body (Lin: 20-fig.4) having a pipe clip inlet (Lin:201-fig.3) through which a plurality of pipe clips is fed into the cartridge (Lin: ¶[0027]) and a pipe clip outlet (Lin: 202-fig.3) configured to allow pipe clips to exit the cartridge body therethrough (Lin:¶[0027]), and wherein the pipe clip outlet is configured to allow a pipe clip to be mounted on a pipe before exiting the cartridge body (Lin: see figs. 2-4 showing a groove in 43 so a pipe clip can be attached/line up with the cable, pipe, or wire before firing the nail gun), and to exit the cartridge body therethrough after mounting on a pipe (Lin: ¶[0027]).
Claim 9: A pipe clip dispensing device as claimed in claim 7, wherein the pipe clip outlet is formed substantially at the pipe clip positioning region (Lin: see fig. 1 showing 40 and 202 located at substantially same position).
Claim 11: A pipe clip dispensing device as claimed in claim 1, wherein the pipe clip cartridge (Lin:20-fig.3) provides a clip path (Lin:22,23-fig.3) from a clip inlet (Lin:201-fig.3) of the pipe clip cartridge to the pipe clip positioning region (Lin: ¶[0027]), wherein the clip path provides clip guiding formations for co-operating with complementary guide formations provided on each clip (Lin: ¶[0027]).
Claim 13: A pipe clip dispensing device as claimed in claim 11, wherein the clip guiding formations are oriented substantially in a direction in which the plurality of clips is progressively advanced along the clip path (Lin: 22,23-fig.3; ¶[0027]).
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Claim 15: A pipe clip dispensing device as claimed in claim 13, wherein at least two clip guiding formations (Lin: A,B-annotated fig.3) are provided asymmetrically on opposed sides of the clip path (Lin: see annotated fig. showing A and B are not symmetrical).
Claim 17: A pipe clip dispensing device as claimed in claim 1, wherein the pipe clip positioning region (Lin:40-fig.3) comprises a receiving formation (Lin:24-fig.4) for receiving and positioning at least part of a post of a pipe clip (Lin: ¶[0031]), wherein the post provides a fastener passage therein (Lin: ¶[0031]).
Claim 18: A pipe clip dispensing device as claimed in claim 1, wherein the pipe clip cartridge comprises a clip advancing arrangement (Lin: 30-fig.7) for advancing any remaining clips of the plurality of clips each time a clip exits the clip cartridge (Lin: ¶[0028]).
Claim 19: A pipe clip dispensing device as claimed in claim 1, wherein the pipe clip positioning region comprises a clip locator (Lin: 241-fig.4)) for engaging a clip and locating it in position for mounting on a pipe (Lin: ¶[0031]).
Claim 21: A pipe clip dispensing device as claimed in claim 19, wherein the clip locator (Lin: 241-fig.4) is configured to abut against a fixing formation or post of a pipe clip (Lin: ¶[0030]-[0031]).
Lin teaches:
Claim 27: A pipe clip dispensing device (at least 20-fig.2) for facilitating mounting of a pipe to a support (¶[0006]), the pipe clip dispensing device comprising:
a pipe clip cartridge (20-fig.3) defining an internal pipe clip chamber (22-fig.3) for receiving a plurality of pipe clips (10-fig.3) therein and providing a pipe clip positioning region (40-fig.1) for holding and positioning a pipe clip of the plurality of pipe clips for fixing to the support by a fastener delivered from a fastener delivery part of a fastener gun (99-fig.1; ¶[0030]).
Lin does not expressly teach a cartridge is coupled to the fastener gun mounting such that the positioning region is moveable towards and away from the fastener delivery part of the fastener gun.
However, Becht teaches a cartridge (4-fig.1) is coupled to the fastener gun mounting such that the positioning region is moveable towards and away from the fastener delivery part of the fastener gun (6:49-7:7).
Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to modify the device of Lin, by having the magazine move towards and away from the delivery part of the nail gun, as taught by Becht, as a known alternative driving mechanism and operation, wherein there is no trigger, but the movement of the magazine acts as a trigger, thus simplifying the operation of the nail gun.
Claims 22 and 24 are rejected under 35 U.S.C. 103 as being unpatentable over (US 2017/0036333) in view of Becht (US 4,625,903), in view Meyer (US 2018/0001451).
Lin as modified by Becht teaches:
Claim 22: A pipe clip dispensing device as claimed in claim 1.
Lin as modified by Becht does not expressly teach a fastener gun mounting comprises a mounting member for releasable mounting to a complementary mounting formation on the fastener gun.
However, Meyer teaches a fastener gun mounting (55-fig.10) comprises a mounting member for releasable mounting to a complementary mounting formation on the fastener gun (¶[0046]-[0047]).
Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to modify the device of Lin and Becht, by having a removable magazine, as taught by Meyer, so the magazine is easy to remove and using the system of Meyer’s lessens the change of misalignment when reattaching the magazine. (Meyer: ¶[0002]-[0003])
Claim 24: A pipe clip dispensing device as claimed in claim 1.
Lin as modified by Becht does not expressly teach the fastener gun mounting comprises opposed side parts which co-operate to lock the fastener gun mounting in position relative to a part of the fastener gun which extends between the opposed side parts.
However, Meyer teaches a fastener gun mounting (55-fig.3A) comprises opposed side parts which co-operate to lock the fastener gun mounting in position relative to a part of the fastener gun which extends between the opposed side parts (¶[0046]-[0048]).
Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to modify the device of Lin and Becht, by having a removable magazine, as taught by Meyer, so the magazine is easy to remove and using the system of Meyer’s lessens the change of misalignment when reattaching the magazine. (Meyer: ¶[0002]-[0003])
Allowable Subject Matter
Claim 28 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KATIE L GERTH whose telephone number is (303)297-4602. The examiner can normally be reached Monday-Thursday 9am-4pm (CT).
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/KATIE L GERTH/Examiner, Art Unit 3731
/STEPHEN F. GERRITY/Primary Examiner, Art Unit 3731 22 December 2025