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 24 November 2025.
Claims 15-27 are currently pending and being examined.
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.
Claim Objections
Claim 1 is objected to because of the following informalities: Line 12 recites “spring offset”, which should read “spring is offset”. Appropriate correction is required.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 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 –
(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) 21 and 24-27 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Suarez (US 2019/0039219).
Suarez teaches:
Claim 21: A powered staple driver (“A powered fastener driver” Abstract) comprising:
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a magazine (10-fig.1) including a rail (18-fig.6) defining an edge portion (annotated fig.6) and two opposed sidewalls (annotated fig.6; 26-fig.4 and 28-fig.5; ¶[0021]) adjacent the edge portion, the magazine (10-fig.1) configured to receive a strip of collated staples straddling the edge portion and the sidewalls of the rail (“With reference to FIG. 1, a powered fastener driver is operable to drive fasteners (e.g., nails, staples, tacks, etc.) held within a magazine assembly 10 into a workpiece. In other words, the magazine assembly 10 includes a magazine 14 having a magazine body 18 configured to receive the fasteners to be driven into the workpiece by the powered fastener driver.” ¶[0021]); see fig.11A showing staples straddling the edge and sidewall);
a pusher (50-fig.5) slidably coupled to one of the sidewalls of the rail (¶[0025]); and
a support member (54-fig.6) coupled to the pusher for movement therewith (¶[0024]),
wherein the support member (54-fig.6) straddles the edge portion and the sidewalls of the rail to engage the strip of collated staples supported upon the edge portion of the rail (see figs.5-6 showing 54 straddling the sides and edge portion of 18).
Claim 24: The powered staple driver of claim 21, wherein the support member (54-fig.6) has a similar shape as the staples (see fig.6 showing 54 has two legs and a crown portion just like a staple).
Claim 25: The powered staple driver of claim 21, wherein each of the staples in the strip of collated staples includes a crown portion and two leg portions extending from opposite ends of the crown portion (at least ¶[0003],[0021]; Examiner notes all staples have a crown portion and two leg portions in powered staple drivers.), and wherein the support member contacts an entirety of the crown portion and the leg portions of a rearmost staple in the strip of collated staples (¶[0024]-[0025],[0038]; see fig. 11A showing 50 engaged with the leg portions, see also fig.5 showing 50 is sized so as the pusher would engage the crown of the staple).
Claim 26: The powered staple driver of claim 21, further comprising a nosepiece (30-fig.1) defining a staple driving channel (248-fig.8) from which consecutive staples from the magazine are driven (¶[0038]), and
a workpiece contact element (46-fig.3) extending along the nosepiece (¶[0022],[0026]).
Claim 27: The powered staple driver of claim 26, further comprising a blocking member (at least 56-fig.10) that extends from the support member towards the nosepiece (see fig. 11A showing 56 extending towards 34), and wherein the blocking member is configured to block movement of the workpiece contact element relative to the nosepiece in at least one direction (at least ¶[0030],[0037]).
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) 15-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gassner (US 4,624,401) in view of Morioka (US 2013/0134204).
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Gassner teaches:
Claim 15: A fastener driver (1-fig.1) comprising:
a magazine (3-fig.2) configured to receive fasteners (4-fig.1), the magazine having a length extending between a first end (annotated fig.1) and a second end (annotated fig.1), the magazine including a latch member (23-fig.2) positioned proximate the second end;
a nosepiece (annotate fig.1) including a fastener driving channel from which consecutive fasteners from the magazine are driven (3:28-38), the nosepiece coupled to the first end of the magazine (see annotated fig.1 showing the magazine couple to the magazine);
a pusher (16-fig.1) slidably coupled to the magazine (3:54-60), the pusher including a body (18-fig.2) and a lever (19-fig.2) movably coupled to the body (3:61-4:2), the body configured to contact one of the fasteners for biasing the fasteners toward the nosepiece (3:61-4:2), the lever including a first end (22-fig.2) and a second end (26-fig.2) opposite the first end; and
a spring (21-fig.2) configured to bias the first end of the lever away from the body of the pusher (4:17-29),
wherein the first end of the lever is configured to selectively engage with the latch member when the pusher is moved toward the second end of the magazine for retaining the pusher in a rearward position (4:1-29), and wherein the second end of the lever is movable by a user for releasing the engagement between the first end of the lever and the latch member (4:30-51).
Gassner does not expressly teach a body, a pivot joint disposed on the body, and a lever pivotally coupled to the body via the pivot joint, and a spring configured to bias the first end of the lever away from the body of the pusher, the spring is offset from the pivot joint to create a moment about the pivot joint.
However, Morioka teaches body (51-fig.6), a pivot joint (71-fig.11(B)) disposed on the body (¶[0076]), and a lever (72-fig.11(B)) pivotally coupled to the body via the pivot joint (¶[0076]), and a spring (77-fig.11(B)) configured to bias the first end of the lever away from the body of the pusher (¶[0076]-[0077]), the spring is offset from the pivot joint to create a moment about the pivot joint (see fig. 11(B) showing 77 is offset from 71 and creates a moment about the pivot joint).
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 Gassner, by using the lever arm configuration, as taught by Morioka, as known equivalents known for the same purpose, both are lever arms that are to be urged into notches by a spring force. MPEP §2144.06(II)/
Gassner as modified by Morioka further teaches:
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Claim 16: The fastener driver of claim 15, further comprising a fastener support member (Gassner: at least A-annotated fig.2) coupled to the end of the body and extending between the body and a last one of the fasteners within the magazine (Gassner: see annotated fig.2 showing A is extending from body 18).
Claim 17: The fastener driver of claim 16, wherein the fastener support member has a similar shape as the fasteners (Gassner: see fig.3a showing the profile of A is of a similar shape of a nail).
Claim 18: The fastener driver of claim 16, wherein
the magazine (Gassner: 3-fig.1) includes a rail (Gassner: 15-fig.3a) defining a fastener channel extending along the length thereof (Gassner: 3:54-60),
the rail includes an edge portion at least partially defining the fastener channel (Gassner: see fig.3a showing 18 riding in the space next to 15), and
the fastener support member is wrapped around the edge portion of the rail (Gassner: see fig.3a showing a portion of 18 is wrapped around 15).
Claim 19: The fastener driver of claim 15, wherein the spring is supported by a first portion of the body of the pusher and the lever is pivotally coupled to a second portion of the body of the pusher (Gassner: see fig.2; 3:61-4:29).
Claim 20: The fastener driver of claim 15, wherein the latch member (Gassner: 23-fig.2) includes an opening formed on the magazine proximate the second end of the magazine (Gassner: 4:14-17).
Claim(s) 22 and 23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Suarez (US 2019/0039219) in view of Gassner (US 4,624,401).
Suarez teaches:
Claim 22: The powered staple driver of claim 21.
Suarez does not expressly teach wherein the pusher includes a body and a lever movably coupled to the body, and wherein the support member is integrated with the
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body and is configured to contact one of the staples for biasing the strip of collated staples toward a nosepiece.
Gassner teaches a pusher (16-fig.1) includes a body (18-fig.1) and a lever (19-fig.2) movably coupled to the body (3:61-4:2), and wherein a support member (at least A-annotated fig.2) is integrated with the body (see annotated fig.1 showing A is integrated with 18) and is configured to contact one of the fasteners for biasing the strip of collated staples toward a nosepiece (3:54-4:2).
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 Suarez, by adding a rocking lever, as taught by Gassner, so while the magazine is opened to be reloaded with fasteners the pusher is safely retained, thus preventing the pusher and spring getting in the way of the operators’ hands while loading. (Gassner 3:61-4:51).
Suarez as modified by Gassner further teaches:
Claim 23: The powered staple driver of claim 22, wherein a first end (Gassner: 22-fig.2) of the lever is configured to selectively engage with a latch member when the pusher is moved toward a second end of the magazine for retaining the pusher in a rearward position (Gassner: 4:1-29), and wherein a second end of the lever is movable by a user for releasing the engagement between the first end of the lever and the latch member (Gassner: 4:30-51).
Response to Arguments
Applicant’s arguments with respect to claim(s) 15-20 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, see Remarks p. 6-7, filed 24 November 2025, with respect to the rejection(s) of claim(s) 21-27 under 35 USC §102 as being anticipated by Gassner (US 4,624,401) have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of 35 USC §102 as being anticipated by Suarez (US 2019/0039219).
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