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 Objections
Claim 1 is objected to because of the following informalities:
Claim 1, line 3, “backing” should read --backing strip--.
Appropriate correction is required.
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 1-18 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 the limitation “opposing lateral sides of said tool body” in lines 33-34. There is insufficient antecedent basis for this limitation in the claim. Because “opposing lateral sides” are earlier recited in line 32.
Claim 1 recites the limitation “a lateral said of said tool body” in line 34. This appears to be a typo issue. Also “opposing lateral sides” is earlier recited in the claim.Examiner suggests amending the claim limitation as below to overcome this rejection:--a lateral side of the opposing lateral sides of said tool body--.
Claims 2-18 are rejected due to dependency on rejected claim 1.
Claim 6 recites the limitation “installation chamber” in line 2. There is insufficient antecedent basis for this limitation in the claim. Because “installation chamber” is earlier recited in claim 1. Therefore this limitation should read --the installation chamber--.
Claim 6 recites the limitation “a strip of deck installation clips” which is unclear. Claim 1 recites “a clip strip comprising a plurality of deck installation clips”.
Claim 8 recites the limitation “when said bit driver is lowered into said tool body a distance effective to cause said bit collar to contact said top opening”. It is not clear what “distance” is referring to.
Claim 9 recites the limitation “when said lowered bit driver is raised from said tool body a distance effective to cause said bit collar to detach from said top opening”. It is not clear what “distance” is referring to.
Claim 11 recites the limitation “the interior of said tool body”. There is insufficient antecedent basis for this limitation in the claim. Claim 6 earlier recites “an interior surface of said tool body”. It is not clear if applicant intended to claim “the interior surface of said tool body” in claim 11.
Claim 14 recites the limitation “the rearward direction”. There is insufficient antecedent basis for this limitation in the claim. Because “rearward direction” is not earlier recited. Examiner interprets this limitation to be --a rearward direction--.
Claim 14 recites the limitation “an interior surface of said tool body”. There is insufficient antecedent basis for this limitation in the claim. Because “an interior surface of said tool body” is earlier introduced in claim 6.
Claim 14 recites the limitation “a spring”. There is insufficient antecedent basis for this limitation in the claim. Because “spring” is earlier introduced in claims 1 and 9. Examiner suggests amending “a spring” in claim 14 to --a second spring-- if different springs are claimed.
Claim 15 recites the limitation “a pawl”. There is insufficient antecedent basis for this limitation in the claim. Because “pawl” is earlier introduced in claim 6. It is not clear if they are the same or different.
Claim 16 recites the limitation “said angled surface of said pusher”. There is insufficient antecedent basis for this limitation in the claim.
Claim 17 recites the limitation “said pawl advances said clip strip”. It is not clear if “pawl” is referring to “pawl” of claim 6 or “pawl” of claim 15.
Allowable Subject Matter
Claim 1 would be allowable if rewritten or amended 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.
The closest prior art to the claimed invention of claim 1 are Dolby et al. (US 8220211 B2), Martel et al. (US 20140021236 A1), Gregory et al. (US 20240100669 A1), Demuth et al. (US 20230148009 A1) and Shadwell et al. (US 10688642 B2). However these references alone or in combination do not teach limitations of the claimed base element.
Claims 2-18 would be allowable due to dependency on allowable claim 1.
Conclusion
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MAHDI H. NEJAD
Examiner
Art Unit 3723
/MAHDI H NEJAD/Primary Examiner, Art Unit 3723
