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 .
Status of Claims
Claims 1, 2, and 8 have been amended. Claims 1-12 have been examined on the merits.
Response to Arguments
Applicant’s arguments, see Page 5, filed 01/30/2026, with respect to the amendments to
the claim objections, the amendments are persuasive. The claim objections have been withdrawn.
Applicant’s arguments, see Page 5, filed 01/30/2026, with respect to the amendments to
the drawing objections are persuasive. The drawing objections have been withdrawn.
Applicant’s arguments, see Page 6, filed 01/30/2026, with respect to the previous 35 U.S.C. § 112(b) rejections, the amendments are persuasive. The previous 35 U.S.C. § 112(b) rejections have been withdrawn.
Applicant’s arguments, see Pages 12-16, filed 01/30/2026, with respect to the previous 35 U.S.C. § 103 rejections are not persuasive.
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., “motorized”) is not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
Applicant’s arguments, see Pages 14-15, filed 01/30/2026, with respect to “Firstly, Sawaya definitively does not describe any load take-up device according to amended claim 1 that can be used to transmit to a wheel the reaction torque undergone by the housing of a rim or hub. Indeed, Sawaya discloses a wheel pulling apparatus that can be used to disassemble a wheel or a brake drum from a hub” and “the device of Sawaya is clearly unable to take up a reaction torque along the screwing/unscrewing axis resulting from tightening torque”, examiner disagrees. Sawaya teaches all the structural limitations required by the claim. Sawaya teaches a load take-up as the device takes up a load of being pressed towards the wheel while element 20 pushes away. 20 is capable of a reaction torque since it prevents rotation/ slippage of the device while secured to the wheel.
Applicant’s arguments, see Page 15, filed 01/30/2026, with respect to “nothing in Sawaya is implemented to block in rotation any housing of a screwing/unscrewing motorized tool along the screwing/unscrewing axis relative to the support device.”, the examiner disagrees.
Not only do elements 20 prevent rotation of the device, rotation is also prevented via element 32 when coupled to the wheel’s studs 40.
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.
Claims 1-12 are rejected under 35 U.S.C. 103 as being unpatentable over Sawaya (U.S. Patent No. 6,581,265 B2).
Referring to claim 1: Sawaya teaches a load take-up device (10 Fig. 1) suitable for being secured to a screwing/unscrewing tool (26 Fig. 1) intended to be implemented to ensure the securing/release of a dumper wheel (42 Fig. 2) attached to a support by screwing elements (40 Fig. 2), said tool (26 Fig. 1) comprising a housing (housing of 26 Fig. 1) and an output shaft (output shaft of 26 Fig. 1) having an end securable to a screwing end piece, which is suitable for cooperating with an element to be screwed/unscrewed, said output shaft being rotatably mounted with respect to the housing along a screwing/unscrewing axis (screwing/unscrewing axis of 22 Fig. 1; axis shown as A-22 in Fig. 2-A inserted below) said device (10 Fig. 1) comprising at least:
a plate (plate 14 comprising 16 Fig. 1),
a bearing surface (bearing surface of B of 16 Fig. 1-A inserted below) of said plate (plate 14 comprising 16 Fig. 1) or (bearing surface of 20 Figs. 1 and 2) secured to said plate (plate 14 comprising 16 Fig. 1),
a blocking element (32 Figs. 1 and 2), which blocks rotation of said plate (plate 14 comprising 16 Fig. 1) with respect to said housing (housing of 26 Fig. 1) of said screwing/unscrewing tool (26 Fig. 1) along said screwing/unscrewing axis (screwing/unscrewing axis of 22 Fig. 1; axis shown as A-22 in Fig. 2-A inserted below) of said tool (26 Fig. 1),
at least one element forming a bearing (20 Figs. 1 and 2),
said element forming the bearing (20 Figs. 1 and 2) being secured to said plate (plate 14 comprising 16 Fig. 1) and disposed with said bearing surface (bearing surface of B of 16 Fig. 1-A inserted below; bearing surface of 20 Figs. 1 and 2) on either side (shown on either side of 32 in Fig. 2) of said blocking element (32 Figs. 1 and 2),
said element forming the bearing (20 Figs. 1 and 2) and said bearing surface (bearing surface of B of 16 Fig. 1-A inserted below; bearing surface of 20 Figs. 1 and 2) being configured to bear against two opposite surfaces (opposite surfaces S-1 and S-2 of wheel 42 shown in Fig. 2-A inserted below) of said wheel (42 Fig. 2) in order to take up a reaction torque (20 is capable of a reaction torque since it prevents rotation/ slippage) along said screwing/unscrewing axis (axis shown as A-22 in Fig. 2-A inserted below) resulting from tightening torque along said screwing/unscrewing axis due to screwing/unscrewing of said screwing elements, wherein said reaction torque passes through said housing (housing of 26 Fig. 1) to which said plate (plate 14 comprising 16 Fig. 1) is connected via said blocking element (32 Figs. 1 and 2),
said at least one element forming the bearing (20 Figs. 1 and 2) being securable to said plate reversibly (L shape of 20 can be turned to face outwards, opposite direction to what is shown in Fig. 2) in at least two positions (the at least two positions being at the extreme ends of 18 shown in Fig. 1 and adjustable vertical positioning of 20 Fig. 2).
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Referring to claim 2: Sawaya teaches the load take-up device according to claim 1 wherein said at least one element forming the bearing (20 Figs. 1 and 2) comprises a lug (54 and 56 Fig. 2) comprising at least two adjustment slots (adjustable slots spacing between 54 and 16; 56 and 16; A/S Fig. 1-A inserted below) each suitable for receiving (each receiving plate between both A/S) a distal end said plate (distal end of plate 14 comprising 16 Fig. 1), each of said slots defining one of said positions (the at least two positions being at the extreme ends of 18 shown in Fig. 1 and adjustable vertical positioning of 20 Fig. 2) of said lug (54 and 56 Fig. 2) with respect to said plate (plate 14 comprising 16 Fig. 1).
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Referring to claim 3: Sawaya teaches the load take-up device according to claim 2 wherein said adjustment slots (adjustable slots spacing between 54 and 16; 56 and 16; A/S Fig. 1-A inserted below) are arranged on two opposite faces (slots are on opposite sides of 54 and 56) of said lug (54 and 56 Fig. 2).
Referring to claim 4: Sawaya teaches the load take-up device according to claim 1 wherein said bearing surface (bearing surface of B of 16 Fig. 1-A inserted above) is a surface of said plate (plate 14 comprising 16 Fig. 1).
Referring to claim 5: Sawaya teaches the load take-up device according to claim 1 comprising a stud (vertical stud “S” of 20 Figs. 1 and 2 shown in Fig. 1-A inserted above) secured to said plate (plate 14 comprising 16 Fig. 1), said bearing surface (bearing surface of 20 Figs. 1 and 2) being a surface of said stud (vertical stud “S” of 20 Figs. 1 and 2 shown in Fig. 1-A inserted above).
Referring to claim 6: Sawaya teaches the load take-up device according to claim 1 wherein said element forming the bearing (20 Figs. 1 and 2) comprises a peripheral edge (PE Fig. 2-A inserted above) having at least one contact surface (contact surface PE is capable of contacting surface 50) in an arc of circle (arc of circle of 20 A-C shown in Fig. 3-A inserted below) of axis parallel (axis of arc of circle of 20 “PE-A” shown parallel in Fig. 2-A inserted above) to the axis of said screwing/unscrewing tool (screwing/unscrewing axis of 22 Fig. 1; axis shown as A-22 in Fig. 2-A inserted above) and intended to bear against said opposite surfaces (opposite surfaces S-1 and S-2 of wheel 42 shown in Fig. 2-A inserted below) of said wheel (42 Fig. 2).
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Referring to claim 7: Sawaya teaches the load take-up device according to claim 6 wherein said peripheral edge (PE Fig. 2-A inserted above) comprises said contact surface (contact surface PE is capable of contacting surface 50) in an arc of circle (arc of circle of 20 A-C shown in Fig. 3-A inserted above) the opposite ends (opposite ends of surface in contact of PE) of which are joined by two flat and straight contact surfaces (FCS-1 and FCS-2 Fig. 3-A inserted above).
Referring to claim 8: Sawaya teaches the load take-up device according to claim 2 comprising a holder (16 Fig. 1), which holds in position said lug (54 and 56 Fig. 2) with respect to said plate (plate 14 comprising 16 Fig. 1) in each of said positions (the at least two positions being at the extreme ends of 18 shown in Fig. 1 and adjustable vertical positioning of 20 Fig. 2) of said lug (54 and 56 Fig. 2).
Referring to claim 9: Sawaya teaches the load take-up device according to claim 1 wherein said blocking element (32 Figs. 1 and 2) is removable (shown in Fig. 1) and interchangeable (interchangeable with 32A Fig. 3; Col. 5, lines 45-47; Col. 6, lines 39-44) from a group of a plurality of blocking elements (36 Figs. 1 and 3) adapted to different screwing/unscrewing tools (capable of functioning with tools similar to 26 Fig. 1).
Referring to claim 10: Sawaya teaches the load take-up device according to claim 2 comprising at least one stud (36 Fig. 1) capable of being secured to said plate (plate 14 comprising 16 Fig. 1) without said lug (54 and 56 Fig. 2) in order to form a second bearing surface (second bearing surface of 36 in contact with opposite 40 shown in Fig. 2) intended to bear against one of the two opposite surfaces (opposite surfaces S-1 and S-2 of wheel 42 shown in Fig. 1-A inserted above) instead of said lug (54 and 56 Fig. 2).
Referring to claim 11: Sawaya teaches the load take-up device according to claim 5 wherein said stud (vertical stud “S” of 20 Figs. 1 and 2 shown in Fig. 1-A inserted above) is removable (shown in Fig. 1).
Referring to claim 12: Sawaya teaches the load take-up device according to claim 10 wherein said at least one stud (36 Fig. 1) is removable (shown in Fig. 1).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER SOTO whose telephone number is (571)272-8172. The examiner can normally be reached Monday-Friday, 8a.m. - 5 p.m..
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Monica Carter can be reached at 571-272-4475. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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CHRISTOPHER SOTO
Examiner
Art Unit 3723
/CHRISTOPHER SOTO/Examiner, Art Unit 3723
/MONICA S CARTER/Supervisory Patent Examiner, Art Unit 3723