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 .
Information Disclosure Statement
The information disclosure statements (IDS) submitted on August 30, 2022, August 16, 2023, August 28, 2023 and July 14, 2024 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements have been considered by the examiner.
Specification
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims.
Therefore, the “seat body and a cover body arranged on the seat body” (as in claim 9) must be shown and labeled or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier.
Such claim limitation(s) is/are: “first switching part selectively disengages one of the first ratchet tooth and the second ratchet tooth from the first ratchet wheel” in claim 4. However, claim limitations are read in view of the specification. In the instant case, the Specification in applicant’s PG-PUB describes the first switching part as being, “a shift block” see paragraph 73). Thus, in view of the specification, the limitation, “first switching part”, is being interpreted as a shifting block and/or equivalents thereof.
Such claim limitation(s) is/are: “second switching part selectively disengages one of the third ratchet tooth and the fourth ratchet tooth from the second ratchet wheel” in claim 4. However, claim limitations are read in view of the specification. In the instant case, the Specification in applicant’s PG-PUB describes the second switching part as being, “a pushing part on an inner wall of the ratchet wheel switching ring” see paragraph 73). Thus, in view of the specification, the limitation, “second switching part”, is being interpreted as a pushing part on an inner wall of the ratchet wheel switching ring and/or equivalents thereof.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 4 and 17 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. Any remaining claims are rejected based on their dependency to a rejected base claim.
Claim 4, discloses “the second switching part” in Line 5. Claim 3 previously disclosed “second switching parts”. Thus, there is insufficient antecedent basis for this limitation in the claim. In addition, it is also unclear if both of the previously claimed switching parts (see claim 3) are used for disengaging the third ratchet tooth and the fourth ratchet tooth from the second ratchet wheel or if only one of the second switching parts is used for disengaging the third ratchet tooth and the fourth ratchet tooth from the second ratchet wheel. Further clarification is respectfully requested.
Claim 17, discloses “the first pushing part” in Line 6. Thus, there is insufficient antecedent basis for this limitation in the claim. In order to expedite prosecution, the examiner has interpreted this limitation as disclosing “a first pushing part”. However, further clarification is respectfully requested.
Claim 17, discloses “the second pushing part” in Line 6. Thus, there is insufficient antecedent basis for this limitation in the claim. In order to expedite prosecution, the examiner has interpreted this limitation as disclosing “a second pushing part”. However, further clarification is respectfully requested.
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.
Claims 1 and 2 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hongquan (2015/0209942).
In reference to claim 1, Hongquan discloses a manual tool outputting torque bidirectionally, comprising a handle (102), a main shaft (114), a transmission device (112), a ratchet tooth device (140) and a ratchet wheel switching device (108), wherein
the main shaft is assembled on the handle by the transmission device and the ratchet tooth device (Figures 2, 4 and 5), and a first ratchet wheel (141) is arranged on the main shaft (Figure 2);
the transmission device comprises a first gear (120), a middle gear (124), a second gear (122) and a holding sleeve (110), the middle gear engaging with the first gear and the second gear, and enabling the first gear and the second gear to rotate oppositely (paragraph 24), the first gear and the main shaft rotating in a same direction (paragraph 25), and the second gear being provided with a second ratchet wheel (143 and paragraph 26);
the ratchet tooth device is connected with the handle, to output torque from the handle, and the ratchet tooth device engages with the first ratchet wheel and the second ratchet wheel (Figures 6-9) by an elastic force (i.e. from spring 160, paragraph 29); and
the ratchet wheel switching device comprises a ratchet wheel switching ring (108), the ratchet wheel switching ring rotating to change positions among a clockwise position, an anticlockwise position and a fixed position (paragraph 29),
the main shaft rotating in a clockwise direction to output torque from the handle when the ratchet wheel switching ring is located at the clockwise position, the main shaft rotating in an anticlockwise direction to output torque from the handle when the ratchet wheel switching ring is located at the anticlockwise position, and the main shaft and the handle rotating in a same direction to output torque from the handle when the ratchet wheel switching ring is located at the fixed position (paragraphs 29 and 30).
In reference to claim 2, Hongquan discloses that the ratchet tooth device comprises: a first ratchet tooth (142), a second ratchet tooth (146), a third ratchet tooth (144) and a fourth ratchet tooth (148), the first ratchet tooth and the second ratchet tooth each engaging with the first ratchet wheel(141) by an elastic force (i.e. from spring 160, Figure 6), and the third ratchet tooth and the fourth ratchet tooth each engaging with the second ratchet wheel by an elastic force (i.e. from spring 160, Figure 7).
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 3-16 and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Hongquan (2015/0209942) in view of Wang (2016/0167205).
In reference to claim 3, Hongquan further discloses second switching parts (108a, 108b and 108c, see Figure 8 and note each part are “a pushing part on an inner wall of the ratchet wheel switching ring” 108, see paragraph 31, as previously interpreted under 35 U.S.C. 112(f), see section 5b above).
Hongquan lacks,
a first switching part, and
a slide knob are arranged on the ratchet wheel switching ring, and the slide knob is controlled to enable the ratchet wheel switching ring to rotate to change positions among the clockwise position, the anticlockwise position and the fixed position.
However, Wang teaches that it is old and well known in the art at the time the invention was made to provide a bi-direction screwdriver (100) with a first switching part (126-1, and note switching part is “a shift block”, see paragraph 95, as previously interpreted under 35 U.S.C. 112(f), see section 5a above), and a slide knob (126) are arranged on a ratchet wheel switching ring (115), and the slide knob is controlled to enable the ratchet wheel switching ring to rotate to change positions among a clockwise position, an anticlockwise position and a fixed position (paragraphs 94-97 and note the fixed position is further disclosed by Hongquan at 163 when placed in the locked position, paragraph 29).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to modify the device, of Hongquan, with the known technique of providing the first switching part, and the slide knob, as taught by Wang, and the results would have been predictable. In this situation, one could provide a more advantageous and versatile device that more easily allows an operator to change direction of rotation with only one finger thereby greatly facilitating the use of the reversing means (see paragraph 96).
In reference to claim 4, modified Hongquan discloses that when the ratchet wheel switching ring is at the clockwise position or the anticlockwise position, the first switching part, as taught by Wang, will selectively disengages one of the first ratchet tooth and the second ratchet tooth from the first ratchet wheel (Figures 6 and 10), and engages the other one of the first ratchet tooth and the second ratchet tooth with the first ratchet wheel (Figures 7 and 11), and the second switching part selectively disengages one of the third ratchet tooth and the fourth ratchet tooth from the second ratchet wheel (Figures 6 and 10), and engages the other one of the third ratchet tooth and the fourth ratchet tooth with the second ratchet tooth wheel (Figures 7 and 11) such that the main shaft can rotate according to a same expected direction to output the torque from the handle no matter whether the handle rotates clockwise or anticlockwise, the same expected direction being the clockwise direction or the anticlockwise direction (paragraphs 29 and 30).
In reference to claim 5, modified Hongquan discloses that when the ratchet wheel switching ring is located at the fixed position, the first ratchet tooth and the second ratchet tooth both engage with the first ratchet wheel (Figure 6), and the third ratchet tooth and the fourth ratchet tooth both engage with the second ratchet wheel (Figure 7), such that the main shaft and the handle rotate in the same direction to output the torque from the handle (paragraph 30).
In reference to claim 6, modified Hongquan discloses that the first ratchet tooth and the second ratchet tooth are symmetrically arranged (Figure 5), and the third ratchet tooth and the fourth ratchet tooth are symmetrically arranged (Figure 5).
In reference to claim 7, modified Hongquan discloses that the fixed position is in a middle of the clockwise position and the anticlockwise position (paragraph 29 and Figure 7).
In reference to claim 8, modified Hongquan discloses that the ratchet tooth device is provided with a ratchet tooth seat (150) fastened to the handle, the first ratchet tooth, the second ratchet tooth, the third ratchet tooth and the fourth ratchet tooth are arranged on the ratchet tooth seat (Figures 6 and 7), positioning pits (162, 163, 164) are provided on the ratchet wheel switching ring, a positioning ball (166) is arranged on the ratchet tooth seat, the positioning pits comprise a clockwise positioning pit corresponding to the clockwise direction, an anticlockwise positioning pit corresponding to the anticlockwise direction and a fixed positioning pit corresponding to the fixed position, and the positioning ball is selectively sunk into one of the clockwise positioning pit, the anticlockwise positioning pit and the fixed positioning pit when the ratchet wheel switching ring rotates to change positions (paragraphs 29-30).
In reference to claim 9, modified Hongquan discloses that the ratchet tooth seat comprises a seat body (see figure below) and a cover body (see figure below including a 2nd interpretation) arranged on the seat body, the first ratchet tooth, the second ratchet tooth, the third ratchet tooth and the fourth ratchet tooth being arranged between the seat body and the cover body (Figures 6 and 7).
[AltContent: arrow][AltContent: textbox (2nd interpretation of the cover body formed as the inner surface of 108)]
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In reference to claim 10, modified Hongquan discloses that the first ratchet tooth, the third ratchet tooth, the fourth ratchet tooth and the second ratchet tooth are sequentially arranged in a circumferential direction of the ratchet tooth seat (Figures 6 and 7).
In reference to claim 11, modified Hongquan discloses that the ratchet tooth seat sleeves the main shaft such that the main shaft can rotate relative to the ratchet tooth seat, a rear end of the main shaft and the ratchet tooth seat are axially positioned by a check ring (121), and a front end cover (110) sleeves the main shaft, and is assembled to the main shaft by a radial hinge pin (116, Figure 2).
In reference to claim 12, modified Hongquan discloses that the ratchet wheel switching ring is located in the handle (Figure 1) and sleeves the ratchet tooth seat (paragraph 23).
In reference to claim 13, modified Hongquan discloses that the second gear sleeves the ratchet tooth seat (Figures 1, 2 and 4).
In reference to claim 14, modified Hongquan discloses that the ratchet wheel switching ring is located in the handle (i.e. at least from part 119, which extends into handle 102, see Figures 1 and 2) and sleeves the ratchet tooth seat (Figure 3), the second gear sleeves the ratchet tooth seat (Figure 3), and Wang shows that it is known to provide a ratchet wheel switching ring (115) and a second gear (i.e. gear on 118) are arranged in a spaced manner in an axial direction of the ratchet tooth seat (114, Figures 4-6).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to modify the device, of Hongquan, with the known technique of providing the ratchet wheel switching ring and the second gear being arranged in a spaced manner in an axial direction of the ratchet tooth seat, as taught by Wang, and the results would have been predictable. In this situation, one could provide a more advantageous and versatile device having a more balanced transmission (see paragraph 74)
In reference to claim 15, modified Hongquan discloses that the first ratchet tooth and the second ratchet tooth are symmetrically arranged relative to the first ratchet wheel and are located at positions of two sides of the first ratchet wheel away from a center of the first ratchet wheel respectively (Figure 5), the first switching part is a shift block (as taught by Wang), the shift block is located between the first ratchet tooth and the second ratchet tooth (because it would be located between the pawls, shown in Figures 6 and 7 of Hongquan), and when the ratchet wheel switching ring rotates to change positions, the shift block selectively shifts the first ratchet tooth or the second ratchet tooth to disengage the first ratchet tooth or the second ratchet tooth from the first ratchet wheel or does not shift the first ratchet tooth and the second ratchet tooth to engage the first ratchet tooth and the second ratchet tooth with the first ratchet wheel (paragraphs 29 and 30), when the shift block, as previously taught by Wang, is incorporated to the device of Hongquan.
In reference to claim 16, modified Hongquan discloses that the ratchet wheel switching ring drives the shift block to rotate synchronously when rotating to change positions (see paragraphs 29 and 30), and alternatively, the ratchet wheel switching ring drives the shift block to swing when rotating to change positions (paragraphs 94 and 95).
In reference to claim 18, modified Hongquan discloses that the transmission device comprises a conversion seat (136) fixed to the holding sleeve, the conversion seat sleeving the main shaft such that the main shaft can rotate relative to the conversion seat, the first gear and the second gear are arranged coaxial with the main shaft (Figure 2), and the at least two middle gears are arranged, and are uniformly distributed on a circumference of the conversion seat (Figure 3).
In reference to claim 19, modified Hongquan discloses that the first ratchet wheel is an outer ratchet wheel (Figure 2), the second gear is of an annular structure (Figure 4), and the second ratchet wheel is an inner ratchet wheel (i.e. because it is within the diameter of 122) arranged on an inner side wall of the second gear (see figure below).
[AltContent: textbox (Inner side wall)][AltContent: arrow]
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In reference to claim 20, modified Hongquan discloses that the first ratchet tooth, the third ratchet tooth, the fourth ratchet tooth and the second ratchet tooth are sequentially arranged in a circumferential direction of the ratchet tooth seat (Figure 4);
when the ratchet wheel switching ring is located at the anticlockwise position (Figures 10 and 11), the first switching part, as taught by Wang, disengages the first ratchet tooth from the first ratchet wheel and engages the second ratchet tooth with the first ratchet wheel, and a first pushing part (108c) of the second switching parts disengages the third ratchet tooth (144) from the second ratchet wheel and engages the fourth ratchet tooth (148) with the second ratchet wheel, such that the main shaft rotates in the anticlockwise direction to output the torque from the handle (paragraph 35);
when the ratchet wheel switching ring is located at the clockwise position (Figures 8 and 9), the first switching part, as taught by Wang, disengages the second ratchet tooth from the first ratchet wheel and engages the first ratchet tooth with the first ratchet wheel, a second pushing part (108c) of the second switching parts disengages the fourth ratchet tooth (148) from the second ratchet wheel and engages the third ratchet tooth (144) with the second ratchet wheel, such that the main shaft rotates in the clockwise direction to output the torque from the handle (Figure 9); and
when the ratchet wheel switching ring is located at the fixed position, the first ratchet tooth (142) and the second ratchet tooth (146) both engage with the first ratchet wheel, and the third ratchet tooth (144) and the fourth ratchet tooth (148) both engage with the second ratchet wheel, such that the main shaft and the handle rotate in the same direction to output the torque from the handle (Figures 6 and 7).
Allowable Subject Matter
Claim 17 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is an examiner's statement of reasons for allowance: The present invention pertains to a screwdriver. It is the examiner's opinion that the art of record considered as a whole, alone or in combination, neither anticipates nor renders obvious of providing; an avoidance groove is provided at a position of the inner wall of the ratchet wheel switching ring located between the first pushing part and the second pushing part, and when rotating to change positions, the ratchet wheel switching ring selectively enables the first pushing part to push the third ratchet tooth away from the second ratchet wheel, or enables the second pushing part to push the fourth ratchet tooth away from the second ratchet wheel, or enables the third ratchet tooth and the fourth ratchet tooth to be located in the avoidance groove, without enabling the first pushing part to push the third ratchet tooth away from the second ratchet wheel, nor enabling the second pushing part to push the fourth ratchet tooth away from the second ratchet wheel (as in claim 17), together in combination with the rest of the limitations of the independent claims.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Shiao (6186031) discloses a screwdriver having a ratchet assembly (40) and a slideable knob (45) for placing the screwdriver into different rotational positions (Figures 4-11).
Hu (6260446) discloses a locking structure for a screwdriver including a ring (7) having posts (711) that engage pawls (4 and 5) as the ring rotates (Figures 1-4).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT J SCRUGGS whose telephone number is (571)272-8682. The examiner can normally be reached M-F 6-2.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Posigian can be reached on 313-446-6546. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ROBERT J SCRUGGS/Primary Examiner, Art Unit 3723