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 1-23 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.
Claim 1 recites “wherein the head of the fastener element comprises a straight extension, which is ductile to a convex arch-shape for driving of the fastener element into a board and a frame structure during a fastening operation…wherein a distance between any point on the head and the second end of each leg of the pair of legs increases during the fastening operation.” However, it is not clear to the Examiner exactly what Applicant is attempting to claim. If Applicant is attempting to claim a method of forming a fastener extension, then Applicant is advised to file a new method application. If Applicant is attempting to claim a fastener with a convex arch-shape extension, then Applicant should amend claims accordingly. For this Office Action Only, the Examiner will assume that Applicant is claiming a fastener with a convex arch-shape extension, and Applicant should amend claim accordingly.
Claim 2 recites “the convex arch-shape of the head is formed by a driving element comprising a concave arch-shaped abutment surface with a curved path along an entire extension of the concave arch-shaped abutment surface.” However, it is not clear to the Examiner exactly what Applicant is attempting to claim. If Applicant is attempting to claim a method of forming convex arch-shape of a head, then Applicant is advised to file a new method application. The Examiner is unable to determine the metes and bounds of the claim.
Claim 13 recites “the driving element comprises a concave arch-shaped abutment surface with a curved path along an entire extension of the concave arch-shaped abutment surface, which is configured to bear on the head when the legs penetrate the board and the frame structure, and to create a convex arch-shape of the head with a curved path along the entire extension of the head, which corresponds to the anarch-shape of the concave arch-shaped abutment surface of the driving element, when the fastener element fixates the board to the frame structure.” However, it is not clear to the Examiner exactly what Applicant is attempting to claim. If Applicant is attempting to claim a method of forming a fastener extension, then Applicant is advised to file a new method application. If Applicant is attempting to claim a fastener with a convex arch-shape extension, then Applicant should amend claim accordingly. For this Office Action Only, the Examiner will assume that Applicant is claiming a fastener with a convex arch-shape extension, and Applicant should amend claim accordingly.
Claim 13 recites, “[a] fastener system for fastening boards to a frame structure, the system comprising: a fastener element…a tool…” Claim 14 recites, “the head of the fastener element comprises a straight extension before the fastener element is driven into the board and the frame structure.” However, it is not clear to the Examiner exactly what Applicant is attempting to claim. If Applicant is attempting to claim a method of forming a fastener element straight extension, then Applicant is advised to file a new method application. The Examiner is unable to determine the metes and bounds of the claim.
Claim 21 recites, “the frame structure comprises at least one stud, which comprises a first and a second flange portion and a web portion interconnecting the first and the second flange portion.” It is not clear to the Examiner exactly what Applicant is attempting to claim. The original disclosure recites, “a fastener system…the system comprising: a fastener element…and a tool…” The Examiner is unable to determine the metes and bounds of the claim.
Claim 13 recites, “[a] fastener system for fastening boards to a frame structure, the system comprising: a fastener element…a tool…” Claim 22 recites, “a length of each leg of the pair of legs of the fastener element is larger than sum of a thickness of the board and a thickness of one of the first or the second flange portion.” It is not clear to the Examiner exactly what Applicant is attempting to claim. The original disclosure recites, “a fastener system…the system comprising: a fastener element…and a tool…” The Examiner is unable to determine the metes and bounds of the claim.
Claim 13 recites, “[a] fastener system for fastening boards to a frame structure, the system comprising: a fastener element…a tool…” Claim 23 recites, “the board comprises a gypsum board provided with paper surfaces, wherein at least a part of a gypsum structure of the gypsum board a bearing capacity under the head of the fastener element when the fastener element is driven into the board and the frame structure.” It is not clear to the Examiner exactly what Applicant is attempting to claim. The original disclosure recites, “a fastener system…the system comprising: a fastener element…and a tool…” The Examiner is unable to determine the metes and bounds of the claim.
Claim Rejections - 35 USC § 102
(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.
Claim(s) 1-2 and 10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 20030143059, Krohn.
In regards to claim 1, as best understood, in Figure 1 and paragraphs detailing said figure, Krohn discloses a fastener element (1) for fixating boards to a frame structure (the boards and frame structure are not considered part of the claimed invention), the fastener element comprises: a pair of legs (3’, 3”) each comprising a first end and a second end; and a head (2), which extends between the pair of legs and which is connected to the first end of each leg of the pair of legs, wherein the head of the fastener element comprises a straight extension, which is ductile to a convex arch-shape for driving of the fastener element into a board and a frame structure; during a fastening operation, wherein the convex arch-shape of the head comprises a curved path along an entire extension of the head, and wherein a distance between any point on the head and the second end of each leg of the pair of legs increases during the fastening operation.
In regards to claim 2, as best understood, in Figure 1 and paragraphs detailing said figure, Krohn discloses the convex arch-shape of the is formed by a driving element (not considered part of the claimed invention) comprising a concave arch-shaped abutment surface with a curved path along an entire extension of the concave arch-shaped abutment surface.
In regards to claim 10, in Figure 1 and paragraphs detailing said figure, Krohn discloses the second end (5) of each leg (10) of the pair of legs comprises a sharp point (19), which is shaped by an inclined surface (4’, 4”) in relation to a longitudinal extension of each leg of the pair of legs.
Claim(s) 11-14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 20060233628, Lee.
In regards to claim 11, in Figure 23 and paragraphs detailing said figure, Lee discloses a tool (160) for driving a fastener element into boards and a frame structure (not considered part of the claimed invention), the tool comprising: a driving element, which is configured to act with a force on the fastener element, for driving the fastener element into a board and a frame structure, wherein the driving element comprises a concave arch-shaped abutment surface (166) with a curved path along an entire extension of the concave arch-shaped abutment surface, which is configured to bear on a head of the fastener element and to create a convex arch-shape of the head with a curved path along the an entire extension of the head by forcing the head to abut and follow a shape of the concave arch-shaped abutment surface of the driving element.
In regards to claim 12, in Figure 23 and paragraphs detailing said figure, Lee discloses the tool comprising: a driving element, which is configured to act with a force on the fastener element, for driving the fastener element into a board and a frame structure, wherein the driving element comprises a concave arch-shaped abutment surface with a curved path along an entire extension of the concave arch-shaped abutment surface, which is configured to bear on the head of the fastener element and to create the convex arch-shape of the head with the curved path along an entire extension of the head by forcing the head to abut and follow a shape of the concave arch-shaped abutment surface of the driving element.
In regards to claim 13, as best understood, in Figures 5 and 23 along with paragraphs detailing said figures, Lee discloses a fastener system for fastening boards to a frame structure (not considered part of the claimed invention), the system comprising: a fastener element (20) configured to fixate a board to a frame structure; and a tool (160) configured to drive the fastener element into the board and the frame structure; wherein the fastener element a pair of legs (24), configured to penetrate the board and the frame structure; and a head (22), which extends between the legs and which is connected to the legs; and wherein the tool comprises a driving element (166), configured to act with a force on the head for driving the fastener element into the board and the frame structure; and wherein the driving element comprises a concave arch-shaped abutment surface with a curved path along an entire extension of the concave arch-shaped abutment surface, which is configured to bear on the head when the legs penetrate the board and the frame structure, and to create a convex arch-shape of the head with a curved path along the entire extension of the head, which corresponds to the anarch-shape of the concave arch-shaped abutment surface of the driving element, when the fastener element fixates the board to the frame structure.
In regards to claim 14, as best understood, in Figures 5 and 23 along with paragraphs detailing said figures, Lee discloses the head of the fastener element comprises a straight extension before the fastener element is driven into the board and the frame structure.
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.
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable Lee in view of US 20040164120, Boswinkel.
In regards to claim 20, Lee discloses the claimed invention except for the pair of legs are coated with an adhesive. Boswinkel relates to a staple gun or fastener driving or applying tool for driving staples or other fasteners into surfaces. Boswinkel teaches fastener legs that can be coated with a resin that liquefies from the heat from friction generated during application which allows for easier initial penetration into the substrate ([0035]). It 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 to modify the fastener legs with a resin that liquefies from the heat from friction generated during application which allows for easier initial penetration into the substrate, as taught by Boswinkel.
Allowable Subject Matter
Claims 3-9, 15-19 and 21-23 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include 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 AARON M DUNWOODY whose telephone number is (571)272-7080. The examiner can normally be reached Monday - Friday 9:00 am - 6:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Matthew Troutman can be reached at 571-270-3654. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/AARON M DUNWOODY/ Primary Examiner, Art Unit 3679
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