DETAILED ACTION
This is a Non-final Office Action on the merits for U.S. App. 19/227,966.
Claims 1-15 are pending.
Claims 1-15 are examined.
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 .
Priority
Receipt is acknowledged of certified copies (FR 2405932) of papers required by 37 CFR 1.55.
Acknowledgment is made of applicant's claim for foreign priority based on an application filed in Europe (EP 25305809.3) on 06/03/2025. It is noted, however, that applicant has not filed a certified copy of the European application as required by 37 CFR 1.55.
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.
Claim 6 is 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.
Claim 6 defines “the first anchoring element is configured to be secured by the second fastener when the second fastener is driven into the substrate,” which renders the claimed invention indefinite since such limitations do not define what such a first anchoring element is to be secured to and one of ordinary skill in the art would not know what other element the first anchoring element is to be secured to when the second fastener is driven into the substrate when such a first anchoring element is to engage the second carrier to hold the elongated piece as defined in claim 2, from which claim 6 depends from. For examining purposes and in light of the specification and drawings, the first anchoring element is considered to be indirectly secured to the substrate through the engagement with the second carrier and the second fastener driven into the substrate.
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, 7, 8, and 11-14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Konrad et al. (WO 2004/061352).
Regarding claim 1, Konrad et al. disclose a strip of fasteners comprising:
a plurality of fasteners (#08);
a holder (the plurality of clips #01 together form the holder) including a plurality of sleeves (#07/19), each adjacent pair of the sleeves being frangibly connected (#11), each sleeve respectively mounted on one of the plurality of fasteners (see figures 2 and 3);
a plurality of carriers (the carriers formed by respective legs #02 and #03), each carrier respectively connected to one of the plurality of sleeves and configured to hold an elongated piece (see figure 1);
wherein, for each of the plurality of fasteners, when that fastener is driven into a substrate by a driving tool (see figure 4), that fastener secures the sleeve mounted on that fastener and the carrier connected to that sleeve to the substrate (see figure 4, where the tool #12 is configured to drive fasteners #08 into sleeve #07 and secure the clips #01 to the substrate).
Regarding claim 7, Konrad et al. disclose each of the plurality of carriers includes an arm (#02) that protrudes radially from the sleeve (see figure 1) to which that carrier is attached (see figure 1), wherein each arm is configured to fit at least partially over and/or around the elongated piece (see figure 1, where the arm #02 is configured to fit around a portion of the elongated piece and hold it to a respective sleeve).
Regarding claim 8, Konrad et al. disclose each arm is curved to form a concave seat enabling the elongated piece to be engaged (see figure 1).
Regarding claim 11, Konrad et al. disclose each of the plurality of carriers include a hooked member that is configured to releasably engage the elongated piece (the carrier forms a hooked member with arms #02 and #03 to releasably engage the elongated piece).
Regarding claim 12, Konrad et al. disclose each of the plurality of carriers include a hooked member that is configured to releasably engage the elongated piece (the carrier forms a hooked member on the inner surface of the arms #02 and #03 where chamfered surfaces #05/06 are located to releasably engage the elongated piece), and wherein each hooked member protrudes from the arm on a side opposite the concave seat to releasably engage an elongated piece (see figure 1, where the hooked members extend on the top side of the carrier and arms and thus opposite to the bottom concave seat formed by the arms and sleeve so as to releasably engage the elongated piece received therein).
Regarding claim 13, Konrad et al. disclose each of the plurality of carriers includes a pair of curved arms (#02 and #03) that together form the hooked member when the fastener to which the carrier is connected is driven into the substrate (see figure 2).
Regarding claim 14, Konrad et al. disclose the hooked portion protrudes, when in use, away from the substrate so that at least a portion of the hooked portion is located between the elongated piece and the substrate (see figure 2, where the arms #02 and #03 of the hooked portion extend from the sleeve and between the elongated piece and substrate so as to extend away from the substrate).
Claim(s) 1 and 7-11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Woollams (GB 2500403).
Regarding claim 1, Woollams discloses a strip of fasteners comprising:
a plurality of fasteners (#15);
a holder (see figure 2) including a plurality of sleeves (#12), each adjacent pair of the sleeves being frangibly connected (#19), each sleeve respectively mounted on one of the plurality of fasteners (see figures 1 and 2);
a plurality of carriers (#16), each carrier respectively connected to one of the plurality of sleeves and configured to hold an elongated piece (see figures 1 and 3);
wherein, for each of the plurality of fasteners, when that fastener is driven into a substrate by a driving tool, that fastener secures the sleeve mounted on that fastener and the carrier connected to that sleeve to the substrate (see figure 4, where a tool is configured to drive fasteners #15 into sleeve #12 and secure the clips and elongated piece #30 to the substrate).
Regarding claim 7, Woollams discloses each of the plurality of carriers includes an arm (#16) that protrudes radially from the sleeve (see figure 1) to which that carrier is attached (see figure 1), wherein each arm is configured to fit at least partially over and/or around the elongated piece (see figures 1 and 3, where the arm #16 is configured to fit around a portion of the elongated piece and hold it to a respective sleeve).
Regarding claim 8, Woollams discloses each arm is curved to form a concave seat enabling the elongated piece to be engaged (see figure 1).
Regarding claim 9, Woollams discloses the concave seat of each arm is on a side of the arm facing the substrate (see figures 1 and 3) and the arm is configured to exert, when in use, a pressing force to hold the elongated piece against the substrate (see figures 1 and 3).
Regarding claim 10, Woollams discloses each arm includes a lip (the bottom end of arm #16 forms a lip) at or near a free end of the arm (see figure 1), when in use, which protrudes towards the substrate to laterally retain the elongated piece (see figures 1 and 3).
Regarding claim 11, Woollams discloses each of the plurality of carriers include a hooked member (#16) that is configured to releasably engage the elongated piece (see figure 3).
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) 1-9 are rejected under 35 U.S.C. 103 as being unpatentable over Thorsman (U.S. Patent 3,494,580) in view of Verzicht (DE 4009573) and Konrad et al.
Regarding claim 1, Thorsman discloses a fastener comprising:
a plurality of fasteners (#15);
a holder including a plurality of sleeves (elements #3 and #7 form sleeves #4 and #8 for the fasteners);
a plurality of carriers (#6 and #9), each carrier respectively connected to one of the plurality of sleeves and configured to hold an elongated piece (see figure 4 at #13);
wherein, for each of the plurality of fasteners, when that fastener is driven into a substrate by a driving tool (see figure 4, where fastener #15 is driven into substrate #16), that fastener secures the sleeve mounted on that fastener and the carrier connected to that sleeve to the substrate (see figure 4).
However, figure 4 of Thorsman depicts the fastener elements #1 and #2 are provided engaged with one another but not frangibly connected to other sleeves or fasteners to form a strip of fasteners as defined. It is highly well known in the art, as evidenced by Verzicht, that such flexible fasteners comprising of a carrier #14 that is to support and surround an elongated piece #18 and fasteners #20 and #21 that can be driven into a substrate by a tool can be attached to one another through frangible connections #3 so that such fasteners can be loaded into a magazine and broken at the frangible connection to install such a fastener around the elongated piece. See figures 1, 3, and 4. Therefore, it would have been obvious before the effective filing date of the claimed invention to have connected the fastener segments #1 and #2 of Thorsman to other adjacent fastener segments using frangible connections, as taught in Verzicht, in order to allow for quicker installation of multiples of such fasteners to a substrate.
Furthermore, Thorsman does not specifically disclose the sleeves are mounted to a respective fastener. However, it is highly well known in the art, as evidenced by Konrad et al., that such fasteners #08 can be provided integral with the sleeves #19/07 of clips #01 that are frangibly attached to one another in order to make installation quicker and easier. See figures 1-4. Therefore, it would have been obvious before the effective filing date of the claimed invention to have constructed the sleeves of Thorsman such that the fasteners are provided mounted and integrally therewith, as taught in Konrad et al., in order to make installation quicker and easier for the installer.
Regarding claim 2, Thorsman in view of Verzicht and Konrad et al. render obvious the plurality of sleeves include a first sleeve (Thorsman; #3) mounted on a first fastener (Thorsman; #15) and having a first carrier (Thorsman; #6) connected to the first sleeve (see figure 1 of Thorsman), and a second sleeve (Thorsman; #7) mounted on a second fastener (Thorsman; #15) and having a second carrier (Thorsman; #9) connected to the second sleeve (see figure 1 of Thorsman), wherein the first carrier includes a first anchoring element (Thorsman; #11) configured so that, once the second fastener is driven into the substrate, the first anchoring element engages the second carrier to hold the elongated piece (see figure 4 of Thorsman, where the first anchoring element #11 engages the second carrier recess #12 to hold the elongated pieces).
Regarding claim 3, Thorsman in view of Verzicht and Konrad et al. render obvious the second carrier includes a second anchoring element (Thorsman; #12),and wherein the first anchoring element and second anchoring element are configured to cooperatingly couple together (see figure 1 of Thorsman).
Regarding claim 4, Thorsman in view of Verzicht and Konrad et al. render obvious the first anchoring element includes a receiving formation and the second anchoring element includes a projecting formation configured to couple with the receiving formation (the projecting formation of the second anchoring element can be considered the teeth within the recess #12 of figure 3 of Thorsman and the receiving formation can be considered the grooves between teeth #11 of the first anchoring element of Thorsman, or, alternatively, the first and second fasteners can be switched such that the first sleeve #7 connects to a first carrier #9 with a receiving formation #12 and the second sleeve #3 connects to a second carrier #5 with a projecting formation #6 as defined).
Regarding claim 5, Thorsman in view of Verzicht and Konrad et al. render obvious the first and second anchoring elements each include a mutually engaging formation (see figures 1-3 of Thorsman and the rejection of claim 4 above).
Regarding claim 6, Thorsman in view of Verzicht and Konrad et al. render obvious the first anchoring element is configured to be secured by the second fastener when the second fattener is driven into the substrate (see figure 4 of Thorsman, where the first anchoring element is configured to be secured to the substrate through the second anchoring element and the second fastener #15 being first secured to the substrate, such as before the first fastener #15 is inserted therein).
Regarding claim 7, Thorsman in view of Verzicht and Konrad et al. render obvious each of the plurality of carriers includes an arm (Thorsman; #5 and #9) that protrudes radially from the sleeve (see figure 1 of Thorsman) to which the carrier is attached (see figure 1 of Thorsman), wherein each arm is configured to fit at least partially over and/or around the elongated piece (see figure 4 of Thorsman).
Regarding claim 8, Thorsman in view of Verzicht and Konrad et al. render obvious each arm is curved to form a concave seat enabling the elongated piece to be engaged (see figures 1 and 4 of Thorsman, where the arms #5 and #9 are curved from the sleeve #3/8 to the carrier #6/10).
Regarding claim 9, Thorsman in view of Verzicht and Konrad et al. render obvious the concave seat of each arm is on a side of the arm facing the substrate (see figures 1 and 4 of Thorsman) and the arm is configured to exert, when in use, a pressing force to hold the elongated piece against the substrate (see figures 1 and 4 of Thorsman).
Claim(s) 15 is rejected under 35 U.S.C. 103 as being unpatentable over Woollams in view of Gupta (U.S. Patent 5,443,345).
Regarding claim 15, Woollams discloses the holder is molded from a polymer material (see the bottom of page 1) and the sleeve provides an annular portion trapped between the head of the fastener and the substrate (see figures 1-3). However, Woollams does not disclose each of the plurality of sleeves is at least partially bendable when the fastener is driven into the substrate. It is highly well known in the art, as evidenced by Gupta, that strips of fasteners can be molded from polymer material with frangible portions between sleeves #40 in order to separate the sleeves when a fastener is forced therethrough and allow for compressing of the sleeve. See figures 2 and 3 and col. 2, ll. 36-44. Therefore, it would have been obvious before the effective filing date of the claimed invention to have constructed the sleeves of the holder of Woollams to be bendable/compressible when the fastener is driven therethrough to attach the sleeve to the substrate, as taught in Gupta, in order to help resist tearing of the holder/sleeve from the substrate and provide a flexible washer type connection between the substrate and the fastener through the holder.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THEODORE V ADAMOS whose telephone number is (571)270-1166. The examiner can normally be reached Monday - Friday 9-5.
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/THEODORE V ADAMOS/Primary Examiner, Art Unit 3635
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