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 § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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) 1-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Jalbert et al. (US 2005/0023323 A1) hereinafter referred to as Jalbert.
Regarding claim 1, Jalbert discloses a fastener driver (10; figs. 1, 2 and 4) comprising:
a housing (14) including a handle portion (18);
a trigger (22) mounted to the handle portion;
a magazine (24) coupled to the housing and configured to receive fasteners (16);
a nosepiece (28, 30) through which consecutive fasteners from the magazine are driven (paragraphs 0025, 0028, 0038-0040); and
a dry-fire lockout mechanism (32 and/or 34 at and below #122 in fig. 9; and 50, 80; figs. 11-14) including
a latch (50, 80) pivotably (via 62) coupled to the magazine, and
a link (32 and/or 34 at and below #122 in fig. 9) coupled to the trigger (22) for movement with the trigger (paragraphs 0025, 0042),
wherein the latch is pivotable between a first position (figs. 12a-b, 13a-b), in which the latch is disengaged from the link, and a second position (fig. 14), in which the latch is engaged with the link and inhibits movement of the link, and therefore the trigger, in response to the trigger being depressed (paragraph 0042), and
wherein the latch moves from the first position to the second position in response to a number of fasteners remaining in the magazine being less than a predetermined value (paragraph 0042 – “Once the last nail has been driven from the drive track 30 the integrated function member 50 pivots all the way toward the feed track 31… This prevents the contact arm 32 from being moved toward the main body portion 14 of the roofing tool 10, thereby preventing actuation of the trigger mechanism 22 and hence actuation of the roofing tool 10 when no more nails are present in the drive track 30”).
Regarding claim 2, Jalbert discloses wherein the predetermined value of number of fasteners remaining in the magazine is five or less (paragraph 0042).
Regarding claim 3, Jalbert discloses wherein the predetermined value of number of fasteners remaining in the magazine is zero (paragraph 0042).
Regarding claim 4, Jalbert discloses wherein the link (32 and/or 34 at and below #122 in fig. 9) is coupled (paragraphs 0025 and 0042) to the trigger (22) via an arm (34; alternatively diagonal and vertical portion of 34 above #122 in fig. 9) extending therebetween.
Regarding claim 5, Jalbert discloses a spring (68) biasing the latch toward the second position (paragraphs 0031, 0036, 0037, 0042; figs. 13b-14).
Regarding claim 6, Jalbert discloses wherein the link (32 and/or 34 at and below #122 in fig. 9) defines a cutout (122; paragraph 0042 – “the contact arm linkage member 34 has a lock-out shoulder surface 122 at an upper (i.e., closer to the main body portion 14) region thereof. The contact arm linkage member 34 and the integrated function member 50 are cooperatively configured such that when the last nail is driven from the roofing tool and no nails remain, as the integrated function member 50 pivots into the position shown in FIG. 14, the dry fire lock-out finger 80 moves into position immediately adjacent the lock-out shoulder surface 122… (Depending on the relative configurations and/or dimensions of the contact arm 32, the contact arm linkage member 34, and/or the integrated function member 50, the dry fire lock-out finger may make blocking contact with a portion of the contact arm 32 instead of with the contact arm linkage member 34.)”) configured to receive the latch (50, 80; paragraph 0042) when the latch is in the second position (fig. 14).
Regarding claim 7, Jalbert discloses wherein the latch (50, 80) includes a first end (near #60, 62) and a second end (near #80), wherein, in the first position (figs. 12a-b, 13a-b) of the latch, the second end of the latch is away from the cutout (122) such that the link is movable past the latch (paragraphs 0025, 0028, 0037-0040), and wherein, in the second position (fig. 14) of the latch, the second end of the latch is received within the cutout (paragraph 0042).
Regarding claim 8, Jalbert discloses wherein the latch is maintained in the first position by a portion of the latch in sliding engagement with the remaining fasteners in the magazine when the number of fasteners remaining in the magazine is more than the predetermined value (paragraphs 0037-0042; figs. 12a-14).
Regarding claim 9, Jalbert discloses wherein the latch is pivotable (via #62) from the first position (figs. 12a-b, 13a-b) to the second position (fig. 14) when a portion of the latch disengages a last of the fasteners remaining in the magazine when the number of fasteners remaining in the magazine is less than the predetermined value (paragraph 0042).
Regarding claim 10, Jalbert discloses wherein a spring (68) pivots the latch from the first position to the second position (paragraphs 0031, 0036, 0037, 0042; figs. 13b-14).
Regarding claim 11, Jalbert discloses wherein the magazine includes a pusher (52) biasing the fasteners toward the nosepiece (paragraphs 0025, 0026).
Regarding claim 12, Jalbert discloses wherein the dry-fire lockout mechanism (32 and/or 34 at and below #122 in fig. 9; and 50, 80; figs. 11-14) prevents actuation of the trigger (22) to initiate a fastener driving operation when the number of fasteners remaining in the magazine is less than the predetermined value (paragraph 0042).
Regarding claim 13, Jalbert discloses a fastener driver (10; figs. 1, 2 and 4) comprising:
a housing (14) including a handle portion (18);
a trigger (22) mounted to the handle portion;
a magazine (24) coupled to the housing and configured to receive fasteners (16);
a nosepiece (28, 30) through which consecutive fasteners from the magazine are driven (paragraphs 0025, 0028, 0038-0040) by a drive blade (12); and
a dry-fire lockout mechanism (32 and/or 34 at and below #122 in fig. 9; and 50, 80; figs. 11-14) including
a latch (50, 80) pivotably (via 62) coupled to the magazine, and
a link (32 and/or 34 at and below #122 in fig. 9) oriented parallel (figs. 2, 4 and 9; #32 is deemed parallel and at least portions of #34 are deemed parallel) to the drive blade (12) and coupled to the trigger for movement with the trigger (paragraphs 0025 and 0042),
wherein the latch is pivotable between a first position (figs. 12a-b, 13a-b), in which the latch is disengaged from the link, and a second position (fig. 14), in which the latch is engaged with the link and inhibits movement of the link, and therefore the trigger, in response to the trigger being depressed (paragraph 0042), and
wherein the latch moves from the first position to the second position in response to a number of fasteners remaining in the magazine being less than a predetermined value (paragraph 0042 – “Once the last nail has been driven from the drive track 30 the integrated function member 50 pivots all the way toward the feed track 31… This prevents the contact arm 32 from being moved toward the main body portion 14 of the roofing tool 10, thereby preventing actuation of the trigger mechanism 22 and hence actuation of the roofing tool 10 when no more nails are present in the drive track 30”).
Regarding claim 14, Jalbert discloses wherein the latch (50, 80) is pivotable about an axis (axis of 62) that is parallel (the “into the page” direction of figs. 12a-14 is also the axis of #12 and #62) to the drive blade (12).
Regarding claim 15, Jalbert discloses wherein, with the latch in the first position (figs. 12a-b, 13a-b), the link is translatable (paragraphs 0025) when the trigger is depressed.
Regarding claim 16, Jalbert discloses wherein the dry-fire lockout mechanism (32 and/or 34 at and below #122 in fig. 9; and 50, 80; figs. 11-14) prevents actuation of the trigger (22) to initiate a fastener driving operation when the number of fasteners remaining in the magazine is less than the predetermined value (paragraph 0042).
Regarding claim 17, Jalbert discloses a fastener driver (10; figs. 1, 2 and 4) comprising:
a housing (14) including a handle portion (18);
a trigger (22) mounted to the handle portion, the trigger including an arm (34; alternatively 34 above #122 in fig. 9; paragraph 0025) extending therefrom;
a magazine (24) coupled to the housing and configured to receive fasteners (16);
a nosepiece (28, 30) through which consecutive fasteners from the magazine are driven (paragraphs 0025, 0028, 0038-0040) by a drive blade (12); and
a dry-fire lockout mechanism (32 and/or 34 at and below #122 in fig. 9; and 50, 80; figs. 11-14) including
a latch (50, 80) pivotably (via 62) coupled to the magazine, and
a link (32 and/or 34 at and below #122 in fig. 9) coupled to the arm for movement with the trigger (paragraphs 0025, 0042),
wherein the latch is pivotable between a first position (figs. 12a-b, 13a-b), in which the latch is disengaged from the link, and a second position (fig. 14), in which the latch is engaged with the link and inhibits movement of the link, and therefore the trigger, in response to the trigger being depressed (paragraph 0042), and
wherein the latch moves from the first position to the second position in response to a number of fasteners remaining in the magazine being less than a predetermined value (paragraph 0042 – “Once the last nail has been driven from the drive track 30 the integrated function member 50 pivots all the way toward the feed track 31… This prevents the contact arm 32 from being moved toward the main body portion 14 of the roofing tool 10, thereby preventing actuation of the trigger mechanism 22 and hence actuation of the roofing tool 10 when no more nails are present in the drive track 30”).
Regarding claim 18, Jalbert discloses wherein the link (32 and/or 34 at and below #122 in fig. 9) defines a cutout (122; paragraph 0042 – “the contact arm linkage member 34 has a lock-out shoulder surface 122 at an upper (i.e., closer to the main body portion 14) region thereof. The contact arm linkage member 34 and the integrated function member 50 are cooperatively configured such that when the last nail is driven from the roofing tool and no nails remain, as the integrated function member 50 pivots into the position shown in FIG. 14, the dry fire lock-out finger 80 moves into position immediately adjacent the lock-out shoulder surface 122… (Depending on the relative configurations and/or dimensions of the contact arm 32, the contact arm linkage member 34, and/or the integrated function member 50, the dry fire lock-out finger may make blocking contact with a portion of the contact arm 32 instead of with the contact arm linkage member 34.)”) configured to receive the latch (50, 80; paragraph 0042) when the latch is in the second position (fig. 14), wherein the latch includes a first end (near #60, 62) and a second end ((near #80), wherein, in the first position (figs. 12a-b, 13a-b) of the latch, the second end of the latch is spaced from the cutout (122) such that the link is movable past the latch (paragraphs 0025, 0028, 0037-0040), and wherein, in the second position (fig. 14) of the latch, the second end of the latch is received within the cutout (paragraph 0042).
Regarding claim 19, Jalbert discloses wherein the latch is maintained in the first position (figs. 12a-b, 13a-b) by a tip portion (81) of the latch (50, 80) in sliding engagement with the remaining fasteners in the magazine when the number of fasteners remaining in the magazine is more than the predetermined value (paragraphs 0037-0042; figs. 12a-14), and wherein the latch is pivotable from the first position to the second position when the tip portion of the latch disengages a last of the fasteners remaining in the magazine when the number of fasteners remaining in the magazine is less than the predetermined value (paragraph 0042; figs. 13b-14).
Regarding claim 20, Jalbert discloses wherein the dry-fire lockout mechanism (32 and/or 34 at and below #122 in fig. 9; and 50, 80; figs. 11-14) prevents actuation of the trigger (22) to initiate a fastener driving operation when the number of fasteners remaining in the magazine is less than the predetermined value (paragraph 0042).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See Notice of References Cited. The art not relied upon generally pertains to dry-firing prevention mechanisms for fastener drivers.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW M TECCO whose telephone number is (571)270-3694. The examiner can normally be reached M-F 11a-7p.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/ANDREW M TECCO/ Primary Examiner, Art Unit 3731
Prosecution Insights