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 1-21 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 1, “the track”, “the spring”, “the lever central location”, “the central location”, and “the lever lower position” lack antecedent basis.
Regarding claims 2-6, claims 2-6 are rejected because they depend from rejected claim 1.
Regarding claim 7, “the track” and “the arms” lack antecedent basis.
Regarding claim 11, “the spring” lacks antecedent basis.
Regarding claims 8-10 and 12-16, claims 8-10 and 12-16 are rejected because they depend from rejected claim 7.
Regarding claim 17, “the track”, “the terminal coil winding”, “the first terminal coil winding”, “the second terminal coil”, and “the sidewall” lack antecedent basis.
Regarding claims 18-20, claims 18-20 are rejected because they depend from rejected claim 17.
Regarding claim 21, “the track” and “the power spring second spring arm” lack antecedent basis.
Allowable Subject Matter
Claims 1-21 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 1, the prior art of record fails to disclose, teach, or fairly suggest a fastening tool, comprising: a housing with a top, bottom and sides, the housing extending longitudinally between a front and a rear; a handle pivotally attached to the housing at a handle/housing pivot, the handle/housing pivot being at an upper front location of the housing; a fastener guide track disposed along the bottom of the housing; a striker disposed at the front of the housing including an upper striker position above the track and a lower striker position in front of the track; a grip body of the housing elongated front to rear below the handle; a grip opening of the housing elongated front to rear below the grip body; a power spring supported within the housing, the power spring being a torsion type including a spring coil, the spring coil being confined within the grip body; the power spring having a first spring arm extending forward from the spring coil to a first spring end, the first spring end linked to the striker to move with the striker, a second spring arm extending forward from the spring coil to a second spring end, the second spring arm pressing the first spring arm at a location of preload to hold the spring in a preloaded condition, the location of preload being spaced forward of the spring coil to be adjacent to the striker; a lever extending longitudinally from a lever rear end to a lever front end, the lever pivotally attached to the housing at a lever pivot near the lever rear end, the lever rotating about the lever pivot to move vertically at the lever front end within the housing including an upper lever front end position and a lower lever front end position; the lever including a central lever location between the lever front and rear ends, the lever central location linked to the handle at a location of the handle rearward of the handle/housing pivot, the lever front end being cantilevered forward from the central lever location whereby pressing the handle downward causes the lever front end to move downward, the lever front end including a linkage to the second spring arm forward of the central location wherein the lever, at the lever front end, moves downward to force the second spring arm to move downward away from the first spring arm in the lever lower position; and the lever rear end including an upper edge, a lower edge, and an arcuate rear most edge connecting the upper and lower edges to form a rear edge perimeter, the rear edge perimeter being at least partly nested within a winding of the spring coil wherein the winding at least partly surrounds the rear edge perimeter.
The prior art of record that comes closest to teaching these limitations is Marks (US 2017/0239798). Marks teaches a fastening tool, comprising: a housing with a top, bottom and sides, the housing extending longitudinally between a front and a rear; a handle pivotally attached to the housing at a handle/housing pivot, the handle/housing pivot being at an upper front location of the housing; a fastener guide track disposed along the bottom of the housing; a striker disposed at the front of the housing including an upper striker position above the track and a lower striker position in front of the track; a grip body of the housing elongated front to rear below the handle; a grip opening of the housing elongated front to rear below the grip body; a power spring supported within the housing, the power spring being a torsion type including a spring coil, the spring coil being confined within the grip body; the power spring having a first spring arm extending forward from the spring coil to a first spring end, the first spring end linked to the striker to move with the striker, a second spring arm extending forward from the spring coil to a second spring end, the second spring arm pressing the first spring arm at a location of preload to hold the spring in a preloaded condition, the location of preload being spaced forward of the spring coil to be adjacent to the striker; a lever extending longitudinally from a lever rear end to a lever front end, the lever pivotally attached to the housing at a lever pivot near the lever rear end, the lever rotating about the lever pivot to move vertically at the lever front end within the housing including an upper lever front end position and a lower lever front end position; the lever including a central lever location between the lever front and rear ends. However, Marks fails to teach the lever central location linked to the handle at a location of the handle rearward of the handle/housing pivot, the lever front end being cantilevered forward from the central lever location whereby pressing the handle downward causes the lever front end to move downward, the lever front end including a linkage to the second spring arm forward of the central location wherein the lever, at the lever front end, moves downward to force the second spring arm to move downward away from the first spring arm in the lever lower position; and the lever rear end including an upper edge, a lower edge, and an arcuate rear most edge connecting the upper and lower edges to form a rear edge perimeter, the rear edge perimeter being at least partly nested within a winding of the spring coil wherein the winding at least partly surrounds the rear edge perimeter. Additionally, it would require an unreasonable combination of references that would not suffice for a realistic case of obviousness.
Regarding claims 2-6, claims 2-6 would be allowed because they contain the allowable subject matter of claim 1.
Regarding claim 7, the prior art of record fails to disclose, teach, or fairly suggest a fastening tool, comprising: a housing with a top, bottom and sides, the housing extending longitudinally between a front and a rear; a fastener guide track disposed along the bottom of the housing; a striker disposed at the front of the housing including an upper striker position above the track and a lower striker position in front of the track; a grip body of the housing elongated front to rear below the handle; a grip opening of the housing elongated front to rear below the grip body; a power spring supported within the housing, the power spring being a torsion type including a spring coil with a spring coil axis, the spring coil axis extending across a width of the grip body, the spring coil being confined within the grip body; the power spring having a first spring arm extending forward from the spring coil to a first spring end, the first spring end linked to the striker to move with the striker, a second spring arm extending forward from the spring coil to a second spring end; a lever pivotally attached to the housing, the lever linked to the power spring wherein moving the lever causes the arms of the power spring to deflect and store energy; a rear of the spring coil includes four adjacent coil winding segments abutting each other; and the grip body having locations within the grip body vertically above and below the spring coil axis that are unoccupied by moving components.
The prior art of record that comes closest to teaching these limitations is Marks (US 2017/0239798). Marks teaches a fastening tool, comprising: a housing with a top, bottom and sides, the housing extending longitudinally between a front and a rear; a fastener guide track disposed along the bottom of the housing; a striker disposed at the front of the housing including an upper striker position above the track and a lower striker position in front of the track; a grip body of the housing elongated front to rear below the handle; a grip opening of the housing elongated front to rear below the grip body; a power spring supported within the housing, the power spring being a torsion type including a spring coil with a spring coil axis, the spring coil axis extending across a width of the grip body, the spring coil being confined within the grip body; the power spring having a first spring arm extending forward from the spring coil to a first spring end, the first spring end linked to the striker to move with the striker, a second spring arm extending forward from the spring coil to a second spring end; a lever pivotally attached to the housing, the lever linked to the power spring wherein moving the lever causes the arms of the power spring to deflect and store energy. However, Marks fails to teach a rear of the spring coil includes four adjacent coil winding segments abutting each other and the grip body having locations within the grip body vertically above and below the spring coil axis that are unoccupied by moving components. Applicant has provided criticality for utilizing four adjacent coil winding segments because four coils offer more energy storage and a flatter force profile (see for example, Para. 00121 of Applicant’s specification). Additionally, it would require an unreasonable combination of references that would not suffice for a realistic case of obviousness.
Regarding claims 8-16, claims 8-16 would be allowed because they contain the allowable subject matter of claim 7.
Regarding claim 17, the prior art of record fails to disclose, teach, or fairly suggest a fastening tool, comprising: a housing with a top, bottom and sides, the housing extending longitudinally between a front and a rear; a handle pivotally attached to the housing at a handle/housing pivot, the handle/housing pivot being at an upper front location of the housing; a fastener guide track disposed along the bottom of the housing; a striker disposed at the front of the housing including an upper striker position above the track and a lower striker position in front of the track; a grip body of the housing elongated front to rear below the handle; a grip opening of the housing elongated front to rear below the grip body; a power spring supported within the housing, the power spring being a torsion type including a spring coil, the spring coil being confined within the grip body; the power spring having a first spring arm extending forward from the spring coil to a first spring end, the first spring end linked to the striker to move with the striker, a second spring arm extending forward from the spring coil to a second spring end; a lever extending rearward from a lever front end adjacent to the striker to a lever rear end, the lever linked to the power spring second spring arm whereby downward motion of the lever causes the second spring arm to deflect and store energy, the lever including a position adjacent to the terminal coil winding; a spring coil axis extending cross a width of the grip body between the first terminal coil winding and an opposed second terminal coil winding, the second terminal coil winding including an upper winding portion spaced from the sidewall of the grip body while the first terminal coil includes a top coil termination adjacent to an opposed wall of the grip body; and a rear of the spring coil includes four adjacent coil winding segments abutting each other.
The prior art of record that comes closest to teaching these limitations is Marks (US 2017/0239798). Marks teaches a fastening tool, comprising: a housing with a top, bottom and sides, the housing extending longitudinally between a front and a rear; a handle pivotally attached to the housing at a handle/housing pivot, the handle/housing pivot being at an upper front location of the housing; a fastener guide track disposed along the bottom of the housing; a striker disposed at the front of the housing including an upper striker position above the track and a lower striker position in front of the track; a grip body of the housing elongated front to rear below the handle; a grip opening of the housing elongated front to rear below the grip body; a power spring supported within the housing, the power spring being a torsion type including a spring coil, the spring coil being confined within the grip body; the power spring having a first spring arm extending forward from the spring coil to a first spring end, the first spring end linked to the striker to move with the striker, a second spring arm extending forward from the spring coil to a second spring end; a lever extending rearward from a lever front end adjacent to the striker to a lever rear end, the lever linked to the power spring second spring arm whereby downward motion of the lever causes the second spring arm to deflect and store energy, the lever including a position adjacent to the terminal coil winding; a spring coil axis extending cross a width of the grip body between the first terminal coil winding and an opposed second terminal coil winding. However, Marks fails to teach the second terminal coil winding including an upper winding portion spaced from the sidewall of the grip body while the first terminal coil includes a top coil termination adjacent to an opposed wall of the grip body; and a rear of the spring coil includes four adjacent coil winding segments abutting each other. Additionally, it would require an unreasonable combination of references that would not suffice for a realistic case of obviousness.
Regarding claims 18-20, claims 18-20 would be allowed because they contain the allowable subject matter of claim 17.
Regarding claim 21, the prior art of record fails to disclose, teach, or fairly suggest a fastening tool, comprising: a housing with a top, bottom and sides, the housing extending longitudinally between a front and a rear; a handle pivotally attached to the housing at a handle/housing pivot, the handle/housing pivot being at an upper front location of the housing; a fastener guide track disposed along the bottom of the housing; a striker disposed at the front of the housing including an upper striker position above the track and a lower striker position in front of the track; a grip opening of the housing having an elongated shape from front to rear; a torsion power spring supported within the housing having a spring coil with at least 3-1/3 turns and confined within a housing space above the grip opening; wherein the power spring includes a first spring arm extending forward from the spring coil and linked to the striker to move with the striker, and a second spring arm extending forward from the spring coil; and a lever extending rearward from a lever front end adjacent to the striker to a lever rear end, wherein the lever is linked to the power spring second spring arm, and wherein downward motion of the lever causes the second spring arm to deflect and store energy, the lever being at least partially nested within the spring coil.
The prior art of record that comes closest to teaching these limitations is Marks (US 2017/0239798). Marks teaches a fastening tool, comprising: a housing with a top, bottom and sides, the housing extending longitudinally between a front and a rear; a handle pivotally attached to the housing at a handle/housing pivot, the handle/housing pivot being at an upper front location of the housing; a fastener guide track disposed along the bottom of the housing; a striker disposed at the front of the housing including an upper striker position above the track and a lower striker position in front of the track; a grip opening of the housing having an elongated shape from front to rear; a torsion power spring supported within the housing confined within a housing space above the grip opening; wherein the power spring includes a first spring arm extending forward from the spring coil and linked to the striker to move with the striker, and a second spring arm extending forward from the spring coil; and a lever extending rearward from a lever front end adjacent to the striker to a lever rear end, wherein the lever is linked to the power spring second spring arm, and wherein downward motion of the lever causes the second spring arm to deflect and store energy. However, Marks fails to teach the power spring having a spring coil with at least 3-1/3 turns and the lever being at least partially nested within the spring coil. Additionally, it would require an unreasonable combination of references that would not suffice for a realistic case of obviousness.
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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/VERONICA MARTIN/Primary Examiner, Art Unit 3731