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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 2 March 2026 has been entered.
Response to Arguments
Applicant’s arguments, see remarks I and II, filed 2 March 2026, with respect to the rejection(s) of claim(s) 1-6 under 35 U.S.C. § 103 in view of the combined teachings of Shropshire and “T-Bar Socket Tool” have been fully considered with respect to amended claim 1 and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of US 6,729,210 B2 to (Morris), among others.
Applicant's arguments, see remark III, has been fully considered but they are not persuasive. EXHIBIT 1 filed 2 March 2026 is insufficient to overcome the rejection of claims 1-6 based upon a specific reference applied under 35 U.S.C. 103 as set forth in the last Office action because: it fails to set forth any facts that are germane to the rejection at issue. EXHIBIT 1 refer(s) only to the Clamp Driver tool in the present application and not to the individual claims of the application. Thus, there is no showing that the objective evidence of nonobviousness is commensurate in scope with the claims. See MPEP § 716.
Claim Rejections - 35 USC § 102 - 35 USC § 103
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.
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.
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Claim(s) 1-5 is/are rejected under 35 U.S.C. 102(a)(1)) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over US 6,729,210 B2 to (Morris).
Regarding claim 1-5 (first treatment), (Re. claim 1)(Morris) discloses a tool for rotating eyebolts, hooks and the like, where portions of said eyebolts, hooks and the like lie in a coaxial plane that extends radially beyond a central axis of rotation (19) extending therethrough, the tool comprising: a driver element (device or driver 10) having a first end (e.g., 18), a second end (e.g., means 20), a midpoint (rigid body 12), and a main body portion (elongated driver head 14) disposed between said first end and said second end, wherein said main body portion (12) includes a substantially hollow portion (cylindrical counterbore 36) between said midpoint and said first end (18); at least one aperture (e.g., centrally located longitudinal slot 22) in said main body portion (12) at said first end (18), wherein said at least one aperture is configured to engage with a portion of a fastener, such as an eyebolt (30) or another similar member; and a connector element disposed at said second end (means 20) of said main body portion, said connector element being configured to be directly received within a chuck of a drill (“The body 12 also has means 20 thereon for detachably connecting the driver head 14 to a conventional source of rotary power, such as an AC or cordless drill. Preferably the drill is a variable speed drill with a chuck capable of accepting drill bits with shanks up to 1/2 inch in diameter.”; Col. 2, lines 22-27); (Re. claim 2), said at least one aperture (e.g., centrally located longitudinal slot 22) is a first groove and a second groove, wherein said first groove and said second groove are disposed substantially opposite one, i.e., either side of the cylindrical counterbore 36, another relative said main body portion and partially define a channel through said main body portion (“the slot 22 extends across the forward end 16 and along the central axis of rotation 19 towards the rear end 18.” – Col. 2, lines 39-41)(see annotated Figure on the next page); (Re. claim 3), said connector element (200 is disposed substantially centrally upon a connector face (16) at said second end of said main body portion (elongated driver head 14);
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(Re. claim 4), wherein said main body portion (14) is composed of rigid metal (“The device or driver 10 includes a rigid body 12 of steel or other suitably strong material with an elongated driver head 14 having opposite forward and rear ends 16, 18, and a central axis of rotation 19 extending through the ends.” – Col. 2, lines 12-14); and, (Re. claim 5) said main body portion (14) is substantially cylindrical in shape “The driver head 14 is preferably cylindrically shaped;” – Col. 2, lines 18-19).
Regarding claim 1-5 (second treatment), alternatively, (Morris) provides (Re. claim 1) a tool (a driver drill attachment) for rotating eyebolts, hooks and the like, where portions of said eyebolts, hooks and the like lie in a coaxial plane that extends radially beyond a central axis of rotation (19) extending therethrough, the tool comprising: a driver element (device or driver 10) having a first end (e.g., 18), a second end (e.g., means 20), a midpoint (rigid body 12), and a main body portion (elongated driver head 14) disposed between said first end and said second end, wherein said main body portion (12) includes a substantially hollow portion (cylindrical counterbore 36) between said midpoint and said first end (18); at least one aperture (e.g., centrally located longitudinal slot 22) in said main body portion (12) at said first end (18), wherein said at least one aperture is configured to engage with a portion of a fastener, such as an eyebolt (30) or another similar member; and a connector element disposed at said second end (means 20) of said main body portion, said connector element being configured to be directly received within a chuck of a drill (“The body 12 also has means 20 thereon for detachably connecting the driver head 14 to a conventional source of rotary power, such as an AC or cordless drill. Preferably the drill is a variable speed drill with a chuck capable of accepting drill bits with shanks up to 1/2 inch in diameter.”; Col. 2, lines 22-27); (Re. claim 2), said at least one aperture (e.g., centrally located longitudinal slot 22) is a first groove and a second groove, wherein said first groove and said second groove are disposed substantially opposite one, i.e., either side of the cylindrical counterbore 36, another relative said main body portion and partially define a channel through said main body portion (“the slot 22 extends across the forward end 16 and along the central axis of rotation 19 towards the rear end 18.” – Col. 2, lines 39-41)(see annotated Figure (supra)); (Re. claim 3), said connector element (200 is disposed substantially centrally upon a connector face (16) at said second end of said main body portion (elongated driver head 14); (Re. claim 4), wherein said main body portion (14) is composed of rigid metal (“The device or driver 10 includes a rigid body 12 of steel or other suitably strong material with an elongated driver head 14 having opposite forward and rear ends 16, 18, and a central axis of rotation 19 extending through the ends.” – Col. 2, lines 12-14); and, (Re. claim 5) said main body portion (14) is substantially cylindrical in shape “The driver head 14 is preferably cylindrically shaped;” – Col. 2, lines 18-19).
While (Morris) fails to explicitly articulate that a possible intended use of the tool (driver drill attachment) is to engage and rotate the movable jaw driving mechanism (such as a screw or crossbar) of a clamp (such as a C-clamp, F-clamp, or other conventional clamp), (Morris) does suggest that the device is a driver for other “specialized fasteners” (Col. 2, lines 12-14); and, considering that a movable jaw driving mechanism (such as a screw or crossbar) of a clamp (such as a C-clamp, F-clamp, or other conventional clamp) is a “specialized fastener” in that the movable jaw mechanism includes an elongate threaded shaft, and a crossbar, that rotationally engages a threaded opening in the body of a clamp in order to apply pressure to a work piece; and that (Morris) discloses the general conditions of the claims, i.e., the tool (driver drill attachment) of (Morris) comprises a end, wherein said main body portion includes a substantially hollow portion between said midpoint and said first end; at least one aperture in said main body portion at said first end, wherein said at least one aperture is configured to engage
(Morris) further cites two examples for dimensions of the tool (see EXAMPLE 1 and EXAMPLE 2 in Col. 3, lines 46-65 and Col. 4, lines 1-5) where the dimensions of EXAMPLE 1 would appear to be capable of engaging and rotating a movable jaw driving mechanism (such as a screw or crossbar) of a clamp having a 1/4 to 1/2 inch diameter screw, with the slot of (Morris) being capable of receiving the crossbar; and, where the dimensions of EXAMPLE 1 would appear to be capable of engaging and rotating a movable jaw driving mechanism (such as a screw or crossbar) of a clamp having a 1/8 to 1/4 inch diameter screw, with the slot of (Morris) being capable of receiving the crossbar.
Therefore, it would have been obvious to one having ordinary skill in the art to have used the tool of (Morris) to engage and rotate a movable jaw driving mechanism (such as a screw or crossbar) of a clamp having dimensions such as those exemplified in (Morris).
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over (Morris), as applied to claims 1-3 above, in view of US 2022/0388128 A1 to (Shropshire), as demonstrated by US 2017/0266786 A1 to (Rydberg).
(Morris), as applied to claims 1-3 above, (either treatment), provides the main body (14) of the drill attachment (10) with a cylindrical body; and also suggests that “other shapes are possible so long as they are suitably balanced for rotation about the axis of rotation 19” – Col. 2, lines 18-21.
(Shropshire), discussed previously, provides a tool (socket tool 10) having a first end (14), a second end (16), a midpoint (12), and a main body portion disposed between said first end and said second end, wherein said main body portion includes a substantially hollow portion between said midpoint and said first end; at least one aperture (a pair of outer cross slots 28) in said main body portion at said first end, wherein said at least one aperture is configured to engage fasteners or objects extending in a transverse direction, such as T-handles; and a connector element (square drive recess 46) disposed at said second end (16) of said main body portion. (Shropshire) teaches in paragraph [0020] “In this example the exterior surface is cylindrical. Other shapes such as polygons could be used.”
(Rydberg) demonstrates that a socket may have a main body portion that is substantially hexagonal in shape (see paragraph [0008]) to facilitate being driven by a wrench.
Therefore, it would have been obvious to one having ordinary skill in the art at the time of the effective filing date of the invention to have modified the tool of (Morris) by providing a main body that is substantially hexagonal in shape, as an alternative to a main body that is substantially cylindrical in shape, as (Shropshire) teaches that the main body of a tool (socket tool 10) may have an exterior that is cylindrical or other shapes such as polygons, wherein the exterior shape may hexagonal, as demonstrated by (Rydberg), in order to facilitate being driven by a wrench.
Conclusion
Accordingly, claims 1-6 lack novelty and an inventive step in view of the prior art.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US D544,007 S to (Marasco) provides a design for a tool interface that infers a driver drill attachment having, inter alia, a hollow main body, a plurality of spaced apart grooves in a first end of the body, and a connector element configured to be directly received within a chuck of a drill. US D594,305 S to (Gyder) provides a design for a hook and eyelet drill bit. US 6,477,924 B1 to (Talbot) provides a drive-limiting tool to raise and lower the feed and delivery tables of a printing press. The tool, in combination with a power drill, replaces the manual hand crank which is classically used to raise and lower the tables, the tool having a socket-like body 22 having a front portion 24 and an opposite rear portion 26. Front portion 24 has two spaced cavities (or slots) 28 for receiving the spaced protuberances of a rotatable member, and the rear portion 26 has an axially projecting drive shaft 34 having a longitudinal axis 31 configured to be directly received within a chuck of a drill.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to David B. Thomas whose telephone number is (571) 272-4497. The examiner’s e-mail address is: dave.thomas@uspto.gov. The examiner can normally be reached on Mon-Fri 11:30-7:30.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Posigian can be reached on (. The fax phone number for the organization where this application or proceeding is assigned is (571) 273-8300.
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/David B. Thomas/
Primary Examiner, Art Unit 3723
/DBT/