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 2 January 2025.
Claims 1-12 are currently pending and being examined.
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) 1-3 and 6-9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gross (US 2009/0114697).
Gross teaches:
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Claim 1: A restriction device (at least 404-fig.2) adapted to be mounted to a nail gun (10-fig.1), the nail gun including a barrel device (at least 50,64,402-fig.2) and a magazine unit (14-fig.2) that is connected to the barrel device (see fig.1; ¶[0037]-[0039]), the barrel device having a nail channel (¶[0037]) that extends in an axial direction along an axis (28-fig.1), and a muzzle (76-fig.2) that is connected to the nail channel (¶[0038]), the magazine unit (14-fig.2) accommodating a plurality of nails that are strung together and being operable for moving the plurality of nails one by one into the nail channel (¶[0044]) in a feed direction transverse to the axial direction (see fig.1 showing the feed direction is from left to right, which is transverse to 28), each of the plurality of nails (94,94a-fig.10) including a nail head and a nail shaft that extends from the nail head (see fig.10 showing 94 has a nail head and a nail shaft), said restriction device comprising:
at least one restriction member (404-figs.2&12) that extends in the axial direction (see fig.2 showing 404 extends in direction of 28), that is adapted to be mounted to the barrel device (¶[0055]-[0056]) and proximate to the nail channel (see figs.2&11 showing 404 is mounted to 402; ¶[0055]-[0056]), and that has a first obstruction portion (annotated fig.12) and a second obstruction portion (annotated fig.2) extending in an actuation direction (Y-annotated fig.12; in and out of the page of 11) perpendicular to the axial direction (see fig.12 - axis 28 goes up and down and axis Y goes in and out of the page, therefore perpendicular), said first obstruction portion (annotated fig.12) and said second obstruction portion (annotated fig.12) being spaced apart from each other in the axial direction (see figs.1-2 showing the obstructions of 404 are spaced apart along 28), said first obstruction portion being adapted to be disposed proximate to the muzzle (see fig.2 showing 404 is proximate to 76);
wherein said at least one restriction member (404-fig.12) is adapted to be movable relative to the barrel device along a plane extending in the axial direction and the actuation direction between an obstruction position and a release position (¶[0058]-[0060]);
wherein, when said at least one restriction member is in the obstruction position, said first obstruction portion and said second obstruction portion are adapted to be proximate to the axis (¶[0058]-[0060]), said first obstruction portion is adapted to be slotted between the nail shaft of one of the plurality of nails and the nail shaft of an adjacent one of the plurality of nails that is adjacent to the one of the plurality of nails (This is intended use, therefore the restriction device merely has to be capable of being slotted between two nail shafts. 404 is slotted between two nails; ¶[0065]-[0066]), and said second obstruction portion is adapted to abut against the nail head of the one of the plurality of nails or to abut the nail shaft of the one of the plurality of nails against said barrel device (This is intended use, therefore the restriction device merely has to be capable of being slotted between two nail heads. 404 is slotted between two nails; ¶[0065]-[0066]);
wherein, when said at least one restriction member (404-fig.2) is in the release position, said first obstruction portion and said second obstruction portion (annotated fig.12) are distanced away from the axis to allow movement of the plurality of nails in the feed direction (¶[0058]-[0060],[0065]-[0066]); and
wherein said first obstruction portion (annotated fig.12) is adapted to be pushed by the plurality of nails during movement of the plurality of nails in the feed direction to thereby move said at least one restriction member from the obstruction position to the release position (¶[0066]).
Claim 2: The restriction device as claimed in claim 1, wherein said first obstruction portion (annotated fig.12) has an obstruction surface (annotated fig.12) elongated in the actuation direction (Y-annotated fig.12), and adapted to abut against the one of the plurality of nails when said at least one restriction member (404-fig.12) is at the obstruction position for preventing the one of the plurality of nails from moving in a direction opposite to the feed direction (¶[0065]; feed direction is from left to right in fig.11), the feed direction being substantially perpendicular to the axial direction and the actuation direction (see fig.11 where in 28 is shown top to bottom and feed direction is left to right, therefore perpendicular).
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Claim 3: The restriction device as claimed in claim 2, wherein said second obstruction portion has an abutment surface (annotated fig.12) facing said first obstruction portion (annotated fig.12), and adapted to be spaced apart from the muzzle along the axis when said at least one restriction member is at the obstruction position (¶[0065).
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Claim 6: The restriction device as claimed in claim 1, wherein said at least one restriction member (404-fig.2) further has a pivot joint segment (annotated fig.12) that is adapted to be pivotably mounted to the barrel device (¶[0055]), and a pivot body segment (annotated fig.12) that extends from said pivot joint segment (see annotated fig.12 showing the joint body extends from the segment), said first obstruction portion and said second obstruction portion extending from said pivot body segment (see annotated fig. 12 showing 440 extending from the pivot body segment).
Claim 7: The restriction device as claimed in claim 6, further comprising at least one fastener member (406-fig.2), said least one fastener member extending through said pivot joint segment and adapted to be connected to the barrel device (¶[0055]-[0056]), such that said at least one restriction member (442-fig.2) is pivotable along the plane extending in the axial direction and the actuation direction between the obstruction position and the release position (¶[0058]).
Claim 8: The restriction device as claimed in claim 1, further comprising at least one resilient member (408-fig.2) that is adapted to be mounted between said at least one restriction member (442-fig.2) and the barrel device (at least 402-fig.2), and that biases said at least one restriction member towards the obstruction position (¶[0055]).
Claim 9: A nail gun (10-fig.1) adapted for firing a plurality of nails (94-fig.10), the plurality of nails being strung together (500-fig.10), each of the plurality of nails including a nail head and a nail shaft that extends from the nail head (see fig.10 showing nails 94 have a shaft and head), said nail gun comprising:
a barrel device (at least 50,64,402-fig.2) that has a nail channel (¶[0037]) extending in an axial direction along an axis (28-fig.1), and a muzzle (76-fig.2) connected to said nail channel (¶[0038]);
a magazine unit (14-fig.1) that is connected to said barrel device (at least 50,64,402-fig.2; ¶[0044]), that is adapted to accommodate the plurality of nails ¶[0044], and that is operable for moving the plurality of nails one by one into said nail channel in a feed direction (left to right of fig.11) transverse to the axial direction (feed direction is left to right, which is perpendicular to 28-fig.1); and
said restriction device as claimed in claim 1 (see claim 1 above) that is pivotably mounted to said barrel device (¶[0055]-[0056]).
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) 4-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gross (US 2009/0114697) in view of Canlas (US 2008/0093410).
Gross teaches:
Claim 4: The restriction device as claimed in claim 3.
Gross does not explicitly teach an abutment surface has an edge extending in the actuation direction, said edge being distanced from said obstruction surface in the feed direction by a spacing distance.
However, Canlas teaches an abutment surface (annotated fig.4A) has an edge (annotated fig.4A) extending in the actuation direction (“R”-fig.4A), said edge being distanced from said obstruction surface in the feed direction (“f”-fig.4A) by a spacing distance (d-annotated fig.4A).
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 Gross, by having the follower assembly be two separate pieces, as taught by Canlas, so the nail gun is “capable of driving different sized nails” and “controls the movement of different sized nails that are driven by the fastener driving device”. (Canlas ¶[0014],[0015])
Gross as modified by Canlas teaches:
Claim 5: The restriction device as claimed in claim 3, wherein:
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said first obstruction portion further has a first inclined surface (Gross: annotated fig.12; Canlas: annotated fig.4A), said second obstruction portion further having a second inclined surface, said first inclined surface and said second inclined surface (Gross: annotated fig.12; Canlas: annotated fig.4A) being adapted to be in sliding contact with the plurality of nails (Gross: ¶[0058]); and
a first gap distance in the actuation direction between said first obstruction portion and the axis is smaller than a second gap distance in the actuation direction between said second obstruction portion and the axis (¶[0042]-[0044]; 60 and 64 are individually movable therefore can be angled to meet this limitation).
Claim(s) 10-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gross (US 2009/0114697).
Gross teaches:
Claim 10: The nail gun as claimed in claim 9, wherein:
said barrel device (at least 50,64,402-fig.2; ¶[0044]) has a barrel that is connected to said magazine unit (14-fig.1; see fig. 1 showing them connected; ¶[0038]) and that defines said nail channel (¶[0037]), and a sleeve (20-fig.1) that is sleeved on said barrel (¶[0038]; see fig.1 showing 20 sleeved over 50);
said nail channel (¶[0037]) is adapted to accommodate one of the plurality of nails in a manner where the one of the plurality of nails extends outwardly of said nail channel through said muzzle (¶[0037], [0056]).
Gross does not explicitly teach a length of said sleeve in the axial direction is not greater than a length of said barrel in the axial direction.
However, it would have been obvious to one of ordinary skill in the art at the filing date of the invention to a length of said sleeve in the axial direction is not greater than a length of said barrel in the axial direction, since it has been held that changing the size or range of an article is not ordinarily a matter of invention. Appropriate selection of size, weight, ratios, etc. is considered routine, and is typically a matter of design choice. See In re Rose 105 USPQ 237 (CCPA 1955) and also In re Yount (36 C.C.P.A. (Patents) 775, 171 F.2d 317, 80 USPQ 141. Further, in re Rose, 220 F.2d 459, 105 USPQ 237 (CCPA 1955) (Claims directed to a lumber package "of appreciable size and weight requiring handling by a lift truck" where held unpatentable over prior art lumber packages which could be lifted by hand because limitations relating to the size of the package were not sufficient to patentably distinguish over the prior art.); In re Rinehart, 531 F.2d 1048, 189 USPQ 143 (CCPA 1976) ("mere scaling up of a prior art process capable of being scaled up, if such were the case, would not establish patentability in a claim to an old process so scaled." 531 F.2d at 1053, 189 USPQ at 148.). See MPEP 2144.04(IV)(A).
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Claim 11: The nail gun as claimed in claim 10, wherein said barrel has an opening (annotated fig.1) extending in the axial direction and spatially communicating with said nail channel (¶[0056]-[0059]), said first obstruction portion and said second obstruction portion (annotated fig.12) of said at least one restriction member (404-fig.2) extending in the actuation direction through said opening (¶[0056]-[0059]).
Claim 12: The nail gun as claimed in claim 11, wherein:
said barrel further has a passage (at least 202-fig.1) that spatially communicates with said nail channel (¶[0037],[0044],[0049]), said opening, and said magazine unit such that each of the plurality of nails enters said nail channel from said magazine unit through said passage (¶[0037],[0044],[0049]); and
said first obstruction portion and said second obstruction portion (annotated fig. 12) are disposed between said passage and said nail channel (see fig.2 showing the obstructions between the channel and passage 202).
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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Shelley Self can be reached at (571)272-4524. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KATIE L GERTH/Examiner, Art Unit 3731
/SHELLEY M SELF/Supervisory Patent Examiner, Art Unit 3731