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 12-13 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.
Regarding claim 12, “if they the plurality of fasteners become misaligned” is indefinite because it is unclear what “they” refers to. For examination purposes, “if they the plurality of fasteners become misaligned” is being interpreted to mean “if the plurality of fasteners become misaligned”. Examiner recommends removing “they” from claim 12.
Regarding claim 13, claim 13 is rejected because it depends from a rejected claim.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-3, 4-5 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Segura (US 2015/0122867) in view of Owens et al (US 2020/0290189), hereinafter Owens.
Regarding claim 1, Segura discloses a fastener magazine (Fig. 1, item 18) for a fastener driving tool (Fig. 1, item 10), comprising:
(a) a magazine housing (Fig. 1, magazine 18 has an external housing) extending from a first end to a second end (Fig. 1), the magazine housing is configured to hold a plurality of fasteners (Fig. 1, item 14) (Fig. 4, item 14’) that is placed between the first and second ends (Para. 0019-0023) and is movable therebetween (Para. 0019-0023), wherein each of the plurality of fasteners has a front tip;
(b) a mounting bracket (Fig. 2, item 26, 46) on the magazine housing proximal to the first end (Para. 0019-0023);
(d) a fastener guide (Fig. 3, item 12, 50, 54, 52, 56) that is movable and is secured to the mounting bracket (Para. 0019-0023), the fastener guide including a ramp portion (Fig. 3, item 50);
wherein:
(i) the fastener guide has an engaged position (Fig. 3, fastener guide 12 is in engaged position) and a disengaged position (Fig. 6, fastener guide 12 is in disengaged position);
(ii) if in the engaged position (Para. 0023-0028), the front tip of a misaligned fastener (Para. 0023-0028) of one of the plurality of fasteners mechanically contacts the ramp portion (Para. 0023-0028) which thereby sequentially directs the misaligned fastener (Para. 0023-0028) toward the first end of the magazine (Para. 0023-0028) in a manner such that the misaligned fastener is prevented from completely backtracking (Para. 0023-0028), in which the ramp portion mechanically interferes with a movement (Para. 0023-0028) of the misaligned fastener (Para. 0023-0028); and
(iii) if in the disengaged position (Para. 0023-0028), the ramp portion does not mechanically interfere (Para. 0023-0028) with a movement (Para. 0023-0028) of the plurality of fasteners (Para. 0023-0028); and
(e) the magazine housing is configured to accept at least one of a plurality of longer fasteners (Fig. 6, item 14’) and a plurality of a shorter fasteners (Fig. 3, item 14), wherein:
(i) if in the engaged position (Para. 0023-0028), the ramp portion is configured to mechanically contact at least one of the shorter fasteners (Para. 0023-0028) (Fig. 3, ramp 12 is in the engaged position and is contacting shorter fastener) to sequentially direct the at least one of the shorter fasteners towards an exit end (Fig. 1, nosepiece 24) (Para. 0023-0028) of the fastener driving tool (Para. 0023-0028) as the at least one of the shorter fasteners exits the magazine (Para. 0023-0028) and block clearance for the plurality of longer fasteners (Fig. 3, when fastener guide 12 is in the engaged position shown in Fig. 3, longer fasteners cannot move through nose piece because the fastener guide 12 must be in the disengaged position shown in Fig. 6 for longer fasteners to move through nose piece); and
(ii) if in the disengaged position (Para. 0023-0028), the ramp portion is configured to provide clearance for the longer fasteners (Para. 0023-0028) to exit the magazine (Para. 0023-0028) (Fig. 6, fastener guide 12 is in the disengaged position which allows longer fasteners to exit the magazine).
Segura is silent about a fastener pusher that biases the plurality of fasteners toward the first end.
However, Owens teaches a fastener magazine (Owens, Fig. 1, item 14) having a fastener pusher (Owens, Fig. 8, item 106) that biases the plurality of fasteners toward the first end (Owens, Para. 0044).
It would have been obvious to a person of ordinary skill in the art at the effective filing date of the invention having the teachings of Segura and Owens to modify the fastener magazine of Segura to include the fastener pusher of Owens. A person of ordinary skill in the art would have been motivated to make such change in order to urge loaded nails towards the tip of the nail gun, ensuring subsequent firing of the loaded nails in the magazine (Owens, Para. 0044).
Regarding claim 2, Segura discloses the fastener magazine of claim 1, wherein:
(a) if in the engaged position (Para. 0023-0028), the ramp portion is positioned within a plane (Fig. 3) (Para. 0023-0028) that intersects the plurality of fasteners within the magazine (Fig. 3) (Para. 0023-0028), and
(b) if in the disengaged position (Para. 0023-0028), the ramp portion is positioned outside of the plane (Fig. 3) (Para. 0023-0028).
Regarding claim 4, Segura discloses the fastener magazine of claim 1, wherein:
(a) the ramp portion is positioned within a pocket (Fig. 6, item 46, back side of chamber 46) (Para. 0023-0028) defined by the magazine housing in the disengaged position (Para. 0023-0028); and
(b) the ramp portion is not positioned within the pocket (Fig. 3, guide member 12 is biased away from back of chamber 46) (Para. 0023-0028) in the engaged position (Para. 0023-0028).
Regarding claim 5, Segura discloses a fastener tool that includes the fastener magazine of claim 1, comprising:
(a) a cylinder (Fig. 1, item 28) including a piston (Fig. 1, piston is attached to blade 22), wherein: the cylinder includes a first variable displacement volume (Fig. 1, first variable displacement volume is below piston and is greatest when piston is at top ready position) (Para. 0019-0023) on a first side of the piston, and a second variable venting volume (Fig. 1, second variable venting volume is above piston when piston is at bottom fired position) on a second side of the piston;
(b) a storage chamber (Fig. 1, storage chamber surrounds cylinder where blade 22 is located) that contains a pressurized gas (Para. 0019-0023) that is re-used for multiple driving strokes (Para. 0019-0023);
(c) an end cap (Fig. 1, tool 10 has end cap) that is mounted to at least one of the cylinder (Para. 0019-0023) and the storage chamber near an end portion (Para. 0019-0023) of the fastener driving tool (Fig. 1) (Para. 0019-0023), the end cap including at least one gas passageway (Fig. 1, there are passageways which connect the different chambers of the tool) (Para. 0019-0023) between the cylinder and the storage chamber (Para. 0019-0023);
(d) a driver (Fig. 1, item 22) (Para. 0019-0023) that is in mechanical communication with the piston (Para. 0019-0023); and
(e) a guide body (Fig. 1, item 24) that guides movement of the driver (Para. 0019-0023).
Regarding claim 7, Segura discloses a fastener magazine (Fig. 1, item 18) for a fastener driving tool (Fig. 1, item 10), comprising:
(a) a magazine housing (Fig. 1, magazine 18 has an external housing) including a fastener track (Fig. 1) that extends between a first end (Para. 0019-0023) to a second end (Para. 0019-0023), the fastener track is configured to hold a plurality of fasteners (Fig. 1, item 14) (Fig. 4, item 14’) (Para. 0019-0023) that are placed within the fastener track (Para. 0019-0023);
(c) wherein: the plurality of fasteners comprises a plurality of longer fasteners (Fig. 4, item 14’) (Para. 0023-0028) and a plurality of shorter fasteners (Fig. 4, item 14) (Para. 0023-0028); and
(d) a ramp portion (Fig. 3, item 50) that is movable (Para. 0023-0028);
wherein:
(i) if the ramp portion is in a first position (Fig. 3, ramp portion 50 is in first position) (Para. 0023-0028), a portion of a shorter fastener (Para. 0023-0028) of the plurality of shorter fasteners (Para. 0023-0028) mechanically contacts the ramp portion (Para. 0023-0028) which thereby sequentially directs the shorter fasteners toward the first end (Para. 0023-0028) of the magazine (Para. 0023-0028) in a manner such that the shorter fasteners are prevented (Para. 0023-0028) from completely backtracking (Para. 0023-0028) (Fig. 3, fastener guide 12 is in first position and contacts shorter fasteners to maintain their orientation in the nosepiece) and will mechanically interfere with a portion of the plurality of longer fasteners (Fig. 3, fastener guide 12 in first position shown in Fig. 3 interferes with a portion of the plurality of longer fasteners because fastener guide 12 is not in the position needed in order to permit longer fasteners to enter nosepiece); and
(ii) if the ramp portion is in a second position (Fig. 6, ramp portion 50 is in the second position) (Para. 0023-0028), the ramp portion does not mechanically interfere (Para. 0023-0028) with a portion of a longer fastener (Para. 0023-0028) of the plurality of longer fasteners (Para. 0023-0028) when the plurality of longer fasteners is moving along the fastener track (Para. 0023-0028).
Segura is silent about a fastener pusher configured to bias the plurality of fasteners toward the first end of the fastener track.
However, Owens teaches a fastener magazine (Owens, Fig. 1, item 14) having a fastener pusher (Owens, Fig. 8, item 106) that biases the plurality of fasteners toward the first end (Owens, Para. 0044).
It would have been obvious to a person of ordinary skill in the art at the effective filing date of the invention having the teachings of Segura and Owens to modify the fastener magazine of Segura to include the fastener pusher of Owens. A person of ordinary skill in the art would have been motivated to make such change in order to urge loaded nails towards the tip of the nail gun, ensuring subsequent firing of the loaded nails in the magazine (Owens, Para. 0044).
Claims 6, 8-14 are rejected under 35 U.S.C. 103 as being unpatentable over Segura (US 2015/0122867) in view of Owens et al (US 2020/0290189), hereinafter Owens, further in view of Beville et al (US 7,028,875).
Regarding claim 6, Segura in view of Owens is silent about the fastener tool of claim 5, the fastener guide further comprising:
(a) a knob that is in mechanical communication with the ramp portion, the knob being rotatable in a first angular direction to direct the ramp portion between the disengaged position and the engaged position, if in the engaged position, the ramp portion is positioned in alignment with the plurality of fasteners; and
(b) the knob being rotatable in a second angular direction opposite to the first angular direction, to direct the ramp portion and places the ramp portion in the disengaged position within a pocket of the magazine.
However, Beville teaches a fastener guide comprising (a) a knob (Fig. 6, item 121) that is in mechanical communication with the ramp portion (Fig. 6, item 102, 108, 114) (Beville, Col. 7, line 45-Col. 8, line 60), the knob being rotatable in a first angular direction (Beville, Col. 7, line 45-Col. 8, line 60) to direct the ramp portion between the disengaged position (Beville, Col. 7, line 45-Col. 8, line 60) and the engaged position (Beville, Col. 7, line 45-Col. 8, line 60), if in the engaged position, the ramp portion is positioned in alignment (Beville, Col. 7, line 45-Col. 8, line 60) with the plurality of fasteners (Fig. 6, item 106); and (b) the knob being rotatable in a second angular direction (Beville, Col. 7, line 45-Col. 8, line 60) opposite to the first angular direction (Beville, Col. 7, line 45-Col. 8, line 60), to direct the ramp portion (Beville, Col. 7, line 45-Col. 8, line 60) and places the ramp portion in the disengaged position (Beville, Col. 7, line 45-Col. 8, line 60) within a pocket of the magazine (Beville, Col. 7, line 45-Col. 8, line 60).
It would have been obvious to a person of ordinary skill in the art at the effective filing date of the invention having the teachings of Segura, Owens, and Beville to modify the magazine of Segura in view of Owens to include the knob of the fastener guide as taught by Beville. A person of ordinary skill in the art would have been motivated to make such change in order to prevent damage to the tool by allowing properly aligned nails to advance and preventing improperly aligned nails from advancing (Beville, Col. 1, lines 44-50).
Regarding claim 8, Segura in view of Owens is silent about the fastener magazine of claim 7, further comprising a knob that is in mechanical communication with the ramp portion, wherein: the knob is movable to transition the ramp portion between the first position to the second position.
However, Beville teaches a fastener magazine (Beville, Fig. 1, item 101) comprising a knob (Beville, Fig. 6, item 121) that is in mechanical communication with the ramp portion (Beville, Fig. 6, item 102, 108, 112, 114), wherein: the knob is movable to transition the ramp portion (Beville, Col. 7, line 45-Col. 8, line 60) between the first position to the second position (Beville, Col. 7, line 45-Col. 8, line 60).
It would have been obvious to a person of ordinary skill in the art at the effective filing date of the invention having the teachings of Segura, Owens, and Beville to modify the magazine of Segura in view of Owens to include the knob of the fastener guide as taught by Beville. A person of ordinary skill in the art would have been motivated to make such change in order to prevent damage to the tool by allowing properly aligned nails to advance and preventing improperly aligned nails from advancing (Beville, Col. 1, lines 44-50).
Regarding claim 9, Segura discloses the fastener magazine of claim 8, further comprising a pocket (Fig. 6, item 46, back side of chamber 46) (Para. 0023-0028) within the magazine housing that is offset from the fastener track (Fig. 6), wherein: in the second position (Para. 0023-0028), the ramp portion is configured to be positioned within the pocket (Para. 0023-0028).
Regarding claim 10, Segura discloses the fastener magazine of claim 9, further comprising a spring (Fig. 6, item 44) that biases the ramp portion towards the first position (Para. 0023-0028).
Regarding claim 11, as combined above, Beville teaches the fastener magazine of claim 9, wherein the knob is configured to be rotated (Beville, Col. 7, line 45-Col. 8, line 60) and depressed so that the ramp portion moves (Beville, Col. 7, line 45-Col. 8, line 60) between the first position and the second position (Beville, Col. 7, line 45-Col. 8, line 60).
Regarding claim 12, Segura teaches a method of using a fastener magazine (Fig. 1, item 18) for a fastener driving tool (Fig. 1, item 10), the method comprising:
(a) providing a magazine having a magazine housing (Fig. 1, magazine 18 has an external housing) extending from a first end to a second end (Fig. 1), the magazine housing being configured to hold a plurality of fasteners (Fig. 1, item 14) (Fig. 4, item 14’) between the first and second ends (Fig. 4, Fig. 4), and a fastener guide (Fig. 3, item 12, 50, 54, 52, 56) having a ramp portion (Fig. 3, item 50), wherein: the plurality of fasteners comprises one of a plurality of shorter fasteners (Fig. 1, item 14) and a plurality of longer fasteners (Fig. 4, item 14’);
(b) inserting (Para. 0023-0028) the plurality of shorter fasteners into the magazine housing (Para. 0023-0028), which are biased by the fastener pusher toward the first end (Para. 0023-0028); and
(c) moving (Para. 0023-0028) the fastener guide in a first direction (Para. 0023-0028) so that the ramped portion is in an interfering position (Fig. 3, ramp 50 is in interfering position) (Para. 0023-0028) with respect to a movement of the fasteners (Para. 0023-0028) if they the plurality of fasteners become misaligned (Para. 0023-0028);
(d) inserting the plurality of longer fasteners (Fig. 4, item 14’) into the magazine housing (Para. 0023-0028), which are biased by the fastener pusher toward the first end (Para. 0023-0028) and if the fastener guide is in the first direction, the ramp portion will mechanically interfere with the plurality of longer fasteners (Fig. 3, fastener guide 12 in first position shown in Fig. 3 interferes with a portion of the plurality of longer fasteners because fastener guide 12 is not in the position needed in order to permit longer fasteners to enter nosepiece); and
(e) moving the fastener guide in a second direction (Para. 0023-0028) that is opposite the first direction (Para. 0023-0028), to transition the ramped portion to a non-interfering position (Fig. 6, ramp 50 is in non-interfering position) (Para. 0023-0028) in which the ramped portion (Para. 0023-0028) does not mechanically interfere with the plurality of longer fasteners (Para. 0023-0028).
Segura in view of Owens is silent about rotating the fastener guide in a first direction.
However, as combined above, Beville teaches rotating the fastener guide in a first direction (Beville, Col. 7, line 45-Col. 8, line 60).
Segura is silent about a fastener pusher that moves the plurality of fasteners towards the first end.
However, Owens teaches a fastener magazine (Owens, Fig. 1, item 14) having a fastener pusher (Owens, Fig. 8, item 106) that biases the plurality of fasteners toward the first end (Owens, Para. 0044).
It would have been obvious to a person of ordinary skill in the art at the effective filing date of the invention having the teachings of Segura and Owens to modify the fastener magazine of Segura to include the fastener pusher of Owens. A person of ordinary skill in the art would have been motivated to make such change in order to urge loaded nails towards the tip of the nail gun, ensuring subsequent firing of the loaded nails in the magazine (Owens, Para. 0044).
Segura in view of Owens is silent about rotating the fastener guide in a first direction.
However, Beville teaches a method of using a fastener magazine (Beville, Fig. 1, item 101) comprising rotating a fastener guide (Beville, Fig. 3, item 102) in a first direction (Beville, Col. 7, line 45-Col. 8, line 60).
It would have been obvious to a person of ordinary skill in the art at the effective filing date of the invention having the teachings of Segura, Owens, and Beville to modify the magazine of Segura in view of Owens to include the rotation of the fastener guide as taught by Beville. A person of ordinary skill in the art would have been motivated to make such change in order to prevent damage to the tool by allowing properly aligned nails to advance and preventing improperly aligned nails from advancing (Beville, Col. 1, lines 44-50).
Regarding claim 13, as combined above, Beville teaches the method of claim 12, wherein: rotating the fastener guide to an angular position (Beville, Col. 7, line 45-Col. 8, line 60) such that a retainer (Beville, Col. 7, line 45-Col. 8, line 60) engages a portion of the magazine housing (Beville, Col. 7, line 45-Col. 8, line 60) to retain the fastener guide in the interfering position (Beville, Col. 7, line 45-Col. 8, line 60).
Response to Arguments
Applicant's arguments filed 03/10/2026 have been fully considered but they are not persuasive for the following reasons:
Regarding Applicant’s argument that Segura in view of Beville does not teach the fastener guide having an engaged position and a disengaged position, Examiner disagrees. As shown in Figure 3 of Segura, fastener guide 12 is in the engaged position, as related to the shorter fasteners. This position is an engaged position because the fastener guide is able to contact, guide, and engage the shorter fasteners through the firing process within the nosepiece. In this position shown in Figure 3, fastener guide 12 is unable to permit longer fasteners into the nosepiece, because fastener guide 12 is not in a position which will allow longer fasteners to enter nosepiece. Figure 6 of Segura shows a disengaged position, because the fastener guide 12 is moved out of a position in which the shorter fasteners can be engaged and guided. In this position shown in Figure 6, the fastener guide is able to accommodate and guide longer fasteners. Segura teaches the engaged position (also referred to as the first position) and the disengaged position (also referred to as the second position) as claimed. Therefore the rejection is maintained.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VERONICA MARTIN whose telephone number is (571)272-3541. The examiner can normally be reached Monday-Thursday 8:00-6:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anna Kinsaul can be reached at (571)270-1926. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/VERONICA MARTIN/Primary Examiner, Art Unit 3731
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