DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
This Action is in response to the Preliminary Amendment filed 07/16/2025.
The status of the Claims is as follows:
Claims 21-26 have been cancelled;
Claims 1-20 are pending and have been examined.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 07/30/2025 was filed after the mailing date of the Application on 07/16/2025. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Objections
Claims 1 & 16 are objected to because of the following informalities: “…the first elongate channel and the second elongate channel being on an opposite sides of the fastener channel” the word “an” should be removed.
Appropriate correction is required.
Claim 8 is objected to because of the following informalities:
“…wherein magazine assembly is movable relative to the housing…” there should be a “the” prior to the word magazine.
Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
Limitations interpreted under 35 U.S.C. 112(f) include:
Pusher assembly
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 5 and 7 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.
Claim 5 recites the following limitations: “…the fastener channel has an axis and extends from the second side at an acute angle relative to the axis of the fastener channel.”
This limitation is indefinite because it is unclear which structure is extending from the second side and which structure has the axis.
Claim 7 recites the following limitations: “…the fastener channel has an axis and extends from the second side at an acute angle relative to the axis of the fastener channel.”
This limitation is indefinite because it is unclear which structure is extending from the second side and which structure has the axis.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 4-7, 16 and 17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yang (US 20100230463).
Regarding Claim 1 Yang discloses a magazine assembly (10) for use with a powered fastener driver including a nosepiece (par 36), the magazine assembly comprising:
a body having a first end configured to be coupled to the nosepiece, a second end opposite the first end, a first side, a second side opposite the first side, a third side, and a fourth side opposite the third side, and a rib extending from the body and positioned adjacent to the second side (annotated Fig. 2),
a fastener channel (R, par 33) extending between the first end and the second end, the fastener channel configured to receive fasteners,(par 27) a first elongate channel (15) positioned in the first side of the body and extending between the first end and the second end, the first elongate channel opens to the fastener channel (fig. 3; par 30), a second elongate channel (15) positioned in the second side of the body and extending between the first end and the second end, the second elongate channel opens to the fastener channel (fig. 3; par 30), the first elongate channel (15) and the second elongate channel (15) being on an opposite sides of the fastener channel (P); (Fig. 3)
a first insert (12) positioned within the first elongate channel (15) and partially extending into the fastener channel (R; Fig. 3), and a second insert (12) positioned within the second elongate channel (15) and partially extending into the fastener channel (R; Fig. 3).
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Regarding Claim 4 Yang discloses the invention as described above. Yang further discloses the body further includes a first rail and a second rail that extend from the second side of the body, the first rail and the second rail configured to support a pusher body (21; par 33) of a pusher assembly such that the pusher body (21) is slidable along the body of the magazine assembly (10), and wherein the rib extends between the body and the second rail. (annotated Fig. 2)
Regarding Claim 5 Yang discloses the invention as described above. Yang further discloses the fastener channel has an axis and extends from the second side at an acute angle relative to the axis of the fastener channel. (Fig. 2)
Regarding Claim 6 Yang discloses the invention as described above. Yang further discloses the fastener channel (R) includes a head portion (annotated Fig. 3) extending from the third side towards the fourth side and configured to receive heads of the fasteners, a shank portion (annotated Fig. 3) extending from the head portion (annotated Fig. 3) towards the fourth side and configured to receive shanks of fasteners (D1), and a tip portion (annotated Fig. 3) extending from the shank portion (annotated Fig. 3) to the fourth side and in which tips of the fasteners (D1) may be received, and wherein the first elongate channel (15) and the second elongate channel (15) are positioned on opposite sides of the shank portion of the fastener channel (R). (annotated Fig. 3)
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Regarding Claim 7 Yang discloses the invention as described above. Yang further discloses the fastener channel has an axis and extends from the second side at an acute angle relative to the axis of the fastener channel. (Fig. 2)
Regarding Claim 16 Yang discloses a magazine assembly for use with a powered fastener driver including a nosepiece, the magazine assembly (10) comprising:
a body having a first end configured to be coupled to the nosepiece, a second end opposite the first end, a first side, a second side opposite the first side, a third side, and a fourth side opposite the third side, a maximum thickness of the second side being greater than a maximum thickness of the first side; (annotated Fig. 2)
a fastener channel (R; par 33) extending between the first end and the second end, the fastener channel configured to receive fasteners (par 27);
a first elongate channel (15) positioned in the first side of the body and extending between the first end and the second end, the first elongate channel (15) opens to the fastener channel (R),
a second elongate channel (15) positioned in the second side of the body and extending between the first end and the second end, the second elongate channel (15) opens to the fastener channel, the first elongate channel (15) and the second elongate channel being on an opposite sides of the fastener channel (R);
a first insert (12) positioned within the first elongate channel (R) and partially extending into the fastener channel (R); and
a second insert (12) positioned within the second elongate channel and partially extending into the fastener channel (R).
Regarding Claim 17 Yang discloses the invention as described above. Yang further discloses the fastener channel (R) includes a head portion extending from the third side towards the fourth side and configured to receive heads of the fasteners, a shank portion extending from the head portion towards the fourth side and configured to receive shanks of fasteners, and a tip portion extending from the shank portion to the fourth side and in which tips of the fasteners may be received, and wherein the first elongate channel (15) and the second elongate channel (15) are positioned on opposite sides of the shank portion of the fastener channel (R).
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 2, 3, 8-15, 18 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Yang (US 20100230463) in view of Miller (US 20020117532; Miller)
Regarding Claim 2 Yang teaches the invention as described above. Yang teaches a magazine body.
However Yang does not expressly disclose the body is formed from magnesium, aluminum, steel, or plastic.
Miller teaches a magazine body. Miller further teaches the body is formed from aluminum providing a lightweight magazine for the purposes of improving the efficiency of the apparatus. (par 118)
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the application to modify the magazine of Yang to include the magazine body formed from aluminum as taught by Miller since par 118 of Miller suggests that such a modification provides a lightweight magazine for the purposes of improving the efficiency of the apparatus.
Regarding Claim 3 the modified invention of Yang in view of Miller teaches the invention as described above. Yang further discloses the first insert and the second insert are formed from steel. (par 32)
Regarding Claim 8 Yang discloses a powered fastener driver (abstract) comprising:
a magazine assembly (10) including a body having a first end coupled to the nosepiece (par 36), a second end opposite the first end, a first side, a second side opposite the first side, a third side, and a fourth side opposite the third side, (annotated Fig. 2)
a fastener channel (R; par 33) extending between the first end and the second end, the fastener channel configured to receive fasteners (par 27) and in communication with the firing channel (par 36),
a first elongate channel (15) positioned in the first side of the body and extending between the first end and the second end, the first elongate channel (15) opens to the fastener channel (R), (Fig. 3; par 30)
a second elongate channel (15) positioned in the second side of the body and extending between the first end and the second end, the second elongate channel opens to the fastener channel (15), the first elongate channel (15) and the second elongate channel (15) being on an opposite sides of the fastener channel (R),
a first insert (12) positioned within the first elongate channel (15) and partially extending into the fastener channel (R; Fig. 3), and
a second insert (12) positioned within the second elongate channel (15) and partially extending into the fastener channel; (P; Fig. 3)
However Yang does not expressly disclose a housing a nosepiece extending from the housing and including a firing channel from which consecutive fasteners are driven; the first side including an aperture extending therethrough, the aperture including a first portion and a second portion, a maximum width of the second portion being greater than a maximum width of the first portion, a bolt threadably coupled to a threaded aperture in the housing, wherein the magazine assembly is removable from the nosepiece, wherein magazine assembly is movable relative to the housing, the nosepiece, and the bolt between a first position and a second position, wherein when the magazine assembly is in the first position, the bolt extends through the first portion of the aperture and when the magazine assembly is in the second position, the bolt extends through the second portion of the aperture, and wherein when the magazine assembly is in the first position, the magazine assembly is securable to the housing by the bolt to the housing, and when the magazine assembly is in the second position, the magazine assembly is removable from the housing.
Miller teaches
a housing (42);
a nosepiece (40) extending from the housing (42) and including a firing channel from which consecutive fasteners are driven; (par 66)
the magazine assembly (1000) the first side including an aperture (1230) extending therethrough, the aperture including a first portion (1232) and a second portion (1234), a maximum width of the second portion (1234) being greater than a maximum width of the first portion (1232),
a bolt (300) threadably coupled to a threaded aperture in the housing,
wherein the magazine assembly (1000) is removable from the nosepiece,
wherein magazine assembly (1000) is movable relative to the housing, the nosepiece, and the bolt between a first position and a second position,
wherein when the magazine assembly is in the first position, the bolt extends through the first portion (1232) of the aperture and when the magazine assembly is in the second position, the bolt extends through the second portion (1234) of the aperture, and
wherein when the magazine assembly is in the first position, the magazine assembly is securable to the housing by the bolt to the housing, and when the magazine assembly is in the second position, the magazine assembly is removable from the housing providing a removable attachment structure for the purposes of improving the efficiency of the apparatus. (par 74-77; 124-125)
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the application to modify the magazine of Yang to include an aperture that includes a first and second portion and a bolt that extends through the first and second portion of the aperture as taught by Miller since par 74-77, 124-125 of Miller suggests that such a modification provides a removable attachment structure for the purposes of improving the efficiency of the apparatus.
Regarding Claim 9 Yang teaches the invention as described above. Yang teaches a magazine body.
However Yang does not expressly disclose the body is formed from magnesium, aluminum, steel, or plastic.
Miller teaches a magazine body. Miller further teaches the body is formed from aluminum providing a lightweight magazine for the purposes of improving the efficiency of the apparatus. (par 118)
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the application to modify the magazine of Yang to include the magazine body formed from aluminum as taught by Miller since par 118 of Miller suggests that such a modification provides a lightweight magazine for the purposes of improving the efficiency of the apparatus.
Regarding Claim 10 the modified invention of Yang in view of Miller teaches the invention as described above. Yang further discloses the first insert and the second insert are formed from steel. (par 32)
Regarding Claim 11 the modified invention of Yang in view of Miller teaches the invention as described above. Yang further discloses a rib extending from the body and positioned adjacent to the second side. (annotated Fig. 2)
Regarding Claim 12 the modified invention of Yang in view of Miller teaches the invention as described above. Yang further discloses the body further includes a first rail and a second rail that extend from the second side of the body, the first rail and the second rail configured to support a pusher body (21) of a pusher assembly (par 33) such that the pusher body (21) is slidable along the body of the magazine assembly (10), and wherein the rib extends between the body and the second rail. (annotated Fig. 2)
Regarding Claim 13 the modified invention of Yang in view of Miller the body further includes a maximum thickness of the second side is greater than a maximum thickness of the first side.(annotated Fig. 2)
Regarding Claim 14 the modified invention of Yang in view of Miller the body further includes the fastener channel ( R) includes a head portion (annotated Fig. 3) extending from the third side towards the fourth side and configured to receive heads of the fasteners (D1), a shank portion (annotated fig. 3) extending from the head portion (annotated Fig. 3) towards the fourth side and configured to receive shanks of fasteners (D1), and a tip portion (annotated Fig. 3) extending from the shank portion to the fourth side and in which tips of the fasteners (D1) may be received, and wherein the first elongate channel (15) and the second elongate channel (15) are positioned on opposite sides of the shank portion (annotated Fig. 3) of the fastener channel ( R).
Regarding Claim 15 the modified invention of Yang in view of Miller the body further includes a maximum thickness of the second side is greater than a maximum thickness of the first side. (annotated Fig. 2)
Regarding Claim 18 Yang teaches the invention as described above. Yang teaches a magazine body.
However Yang does not expressly disclose the body is formed from magnesium, aluminum, steel, or plastic.
Miller teaches a magazine body. Miller further teaches the body is formed from aluminum providing a lightweight magazine for the purposes of improving the efficiency of the apparatus. (par 118)
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the application to modify the magazine of Yang to include the magazine body formed from aluminum as taught by Miller since par 118 of Miller suggests that such a modification provides a lightweight magazine for the purposes of improving the efficiency of the apparatus.
Regarding Claim 19 the modified invention of Yang in view of Miller teaches the invention as described above. Yang further discloses the first insert and the second insert are formed from steel. (par 32)
Allowable Subject Matter
Claim 20 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter.
Regarding Claim 20 the Prior Art does not teach the maximum thickness of the second side is 44% to 60% greater than the maximum thickness of the first side in addition to the limitations included in Claim 16.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Lee (US 20230398669) Inserts (64, 65) made of steel (par 49)
Hamano (US 6592016) aperture first portion second portion (16, 16a)
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHINYERE J RUSHING-TUCKER whose telephone number is (571)270-5944. The examiner can normally be reached 4 pm - 11:59 pm Monday - Friday.
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/CHINYERE J RUSHING-TUCKER/Examiner, Art Unit 3731