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 .
Application Status
This action is responsive to the claims filed 5 August 2025 and response to restriction filed 25 June 2026.
Claims 1-4, 9-10, and 16-17 are currently pending and being examined. Claims 5-8, 11-15, and 18-20 are withdrawn from consideration.
Election/Restrictions
Claims 5-8, 11-15, and 18-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 25 June 2026.
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
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) 1-4, 9-10, and 16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nayrac (US 2002/0113112).
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Nayrac teaches:
Claim 1: A stapling device (fig.1) comprising:
a housing (1-fig.1) comprising a contact surface (annotated fig.1) and defining an ejection channel (13-fig.1; ¶[0028]) terminating in an ejection opening (annotated fig.1) defined in the contact surface;
an ejector movable in the ejection channel between an upper position and a lower position (¶[0060]);
a magazine (2-fig.2) removably attached to the housing (¶[0060]) and configured to, when attached to the housing and when storing one or more staples (¶[0060]), position a first staple of the one or more staples in the ejection channel (¶[0060]), wherein the magazine is removable from the housing (¶[0039]) via movement in a first direction (rear direction along 19-fig.2) followed by movement in a second direction (downward direction along 7-fig.1) transverse to the first direction (¶[0055]-[0061]; as shown in figs.1-2 to remove the magazine completely from the tool the magazine has to slide rearwardly to disengage with 20 and 11 and then can be pulled downward to fully remove); and
a drive operably connected to the ejector and configured to move the ejector from the upper position to the lower position to, when the magazine is attached to the housing and storing the one or more staples, engage the first staple in the ejection channel and eject the first staple out of the ejection opening (¶[0060]).
Claim 2: The stapling device of claim 1, wherein the second direction is perpendicular to the first direction (see figs.1-2 showing 7 and 19 are perpendicular).
Claim 3: The stapling device of claim 1, wherein the contact surface is planar, wherein the first direction is parallel to the contact surface (see annotated fig.1 and fig.2 showing the contact surface is parallel to 19).
Claim 4: The stapling device of claim 3, wherein the second direction is perpendicular to the first direction (see figs.1-2 showing 7 and 19 are perpendicular).
Claim 9: The stapling device of claim 1, wherein the housing (1-fig.1) comprises a guide body (20-fig.1) defining a slot (35-fig.1) and an opening (36-fig.3) in communication with the slot (¶[0054]-[0056]), wherein the magazine comprises a projection (42-fig.2), wherein when the magazine is attached to the housing, the projection is at least partially received in the slot to prevent the magazine from moving in the second direction (¶[0048]-[0054]).
Claim 10: The stapling device of claim 9, wherein the projection (42-fig.2) is removed from the slot and positioned in the opening after the magazine has moved in the first direction to enable the magazine to move in the second direction (¶[0061]).
Claim 16: The stapling device of claim 1, wherein the housing (1-fig.1) comprises a handle having a free end (1 and 5-fig.1), wherein the drive is positioned in the handle (¶[0029]), the stapling device further comprising a battery removably attached to the free end of the handle (¶[0029]).
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) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nayrac (US 2002/0113112) in view of Mina (US 2009/0242604).
Nayrac teaches:
Claim 17: The stapling device of claim 1.
Nayrac does not expressly teach an activatable trigger; and a control system configured to, when in a semi-automatic operating mode: responsive to a first triggering condition being met, control the drive to cause the ejector to move from the upper position to the lower position; and after the first triggering condition has been met, responsive to a second triggering condition being met, control the drive to cause the ejector to move from the upper position to the lower position, wherein the first triggering condition and the second triggering condition are different.
However, Mina teaches an activatable trigger (114-fig.1); and
a control system (300-fig.1) configured to, when in a semi-automatic operating mode:
responsive to a first triggering condition being met, control the drive to cause the ejector to move from the upper position to the lower position (“in accordance with a first single-shot firing mode of operation, which is known in the industry and art as a sequential mode of operation, the depression or actuation of the trigger mechanism will not in fact initiate the firing of the tool and the driving of a fastener into a workpiece or substrate unless the workpiece-contacting element is initially depressed against the substrate or workpiece.” ¶[0002]); and
after the first triggering condition has been met, responsive to a second triggering condition being met, control the drive to cause the ejector to move from the upper position to the lower position (“bump-firing mode of operation, the operator initially maintains the trigger mechanism at its depressed position, and subsequently, each time the workpiece contacting element is disposed in contact with, and pressed against, the workpiece or substrate, the tool will fire, thereby driving a fastener into the workpiece or substrate.” ¶[0003]),
wherein the first triggering condition and the second triggering condition are different (¶[0002]-[0003]).
Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to modify the tool of Nayrac, by having a semi-automatic operating mode, as taught by Mina, so the operator does not have to press the trigger for each subsequent firing, thus decreasing the amount of time it takes for the user to do a job and increasing efficiency.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KATIE L GERTH whose telephone number is (303)297-4602. The examiner can normally be reached Monday-Thursday 9am-4pm (CT).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Shelley Self can be reached at (571)272-4524. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KATIE L GERTH/Examiner, Art Unit 3731
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