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 .
Continued Examination Under 37 CFR 1.114
Upon further consideration and updated search following the Interview with Applicant conducted on 08/11/2026, claims 1-2 and 4-11 remain rejected under 35 USC 103 and claims 12-13 are allowed.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 08/12/2026 has been entered.
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 and 4-5 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 ramp portion is operable to be indirectly moved in response to actuation by a user (Para. 0019-0023, as fasteners of different lengths are fed through the magazine, the ramp portion 50 operates to guide movement of the fasteners; fasteners are moved through the magazine in response to actuation of the tool by a user; therefore, due to actuation by the user, the ramp portion operates indirectly in response to that actuation);
(ii) 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);
(iii) 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
(iv) 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 the ramp portion also blocks 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).
Claims 6-14 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 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) from a first position to a second position (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).
Segura in view of Owns is silent about the ramp portion is manually movable by a user by a knob.
However, Beville teaches a fastener guide comprising 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 manually movable by a user to move the ramp portion (Beville, Col. 7, line 45-Col. 8, line 60, operator adjusts the position of handle 121).
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).
Allowable Subject Matter
Claims 12-13 are allowed.
The following is an examiner’s statement of reasons for allowance:
Regarding claim 12, the prior art of record fails to disclose, teach, or fairly suggest a method of using a fastener magazine with a fastener driving tool, the method comprising: (a) providing a magazine having a magazine housing including a fastener track extending from a first end to a second end, the magazine housing being configured to hold a plurality of fasteners between the first and second ends, a fastener pusher that moves the plurality of fasteners towards the first end, and a fastener guide having a ramp portion, wherein: the plurality of fasteners comprises one of a plurality of shorter fasteners and a plurality of longer fasteners; (b) inserting the plurality of shorter fasteners into the magazine housing, which are biased by the fastener pusher toward the first end; (c) rotating the fastener guide manually in a first direction and laterally aligning the fastener guide between the first and second ends of the fastener track so that the ramp portion is in an interfering position with respect to a movement of the plurality of fasteners if they the plurality of fasteners become misaligned; (d) inserting the plurality of longer fasteners into the magazine housing, which are biased by the fastener pusher toward the first end and if the fastener guide is in the first direction, the ramp portion will mechanically interfere with the plurality of longer fasteners; and (e) rotating the fastener guide manually in a second direction that is opposite the first direction and laterally displacing the fastener guide so that the fastener guide is not aligned with the first and second ends of the fastener track, to transition the ramped portion to a non-interfering position in which the ramped portion does not mechanically interfere with the plurality of longer fasteners.
The prior art of record that comes closest to teaching these limitations is Segura (US 2015/0122867). Segura teaches a method of using a fastener magazine with a fastener driving tool, the method comprising: (a) providing a magazine having a magazine housing including a fastener track extending from a first end to a second end, the magazine housing being configured to hold a plurality of fasteners between the first and second ends, and a fastener guide having a ramp portion, wherein: the plurality of fasteners comprises one of a plurality of shorter fasteners and a plurality of longer fasteners; (b) inserting the plurality of shorter fasteners into the magazine housing, which are biased by the fastener pusher toward the first end; (d) inserting the plurality of longer fasteners into the magazine housing, which are biased by the fastener pusher toward the first end and if the fastener guide is in the first direction, the ramp portion will mechanically interfere with the plurality of longer fasteners. However, Segura fails to teach a fastener pusher that moves the plurality of fasteners towards the first end, the method comprising: (c) rotating the fastener guide manually in a first direction and laterally aligning the fastener guide between the first and second ends of the fastener track so that the ramp portion is in an interfering position with respect to a movement of the plurality of fasteners if they the plurality of fasteners become misaligned; and (e) rotating the fastener guide manually in a second direction that is opposite the first direction and laterally displacing the fastener guide so that the fastener guide is not aligned with the first and second ends of the fastener track, to transition the ramped portion to a non-interfering position in which the ramped portion does not mechanically interfere with the plurality of longer fasteners. Additionally, it would require an unreasonable combination of references that would not suffice for a realistic case of obviousness.
Regarding claim 13, claim 13 is allowed because it depends from allowed claim 12.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
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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