DETAILED ACTION
The information disclosure statement (IDS) submitted on 12-1-2025 was considered by the Examiner but the US publication Desig. ID 56 should be 20180015528.
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) 1 and 19-23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cheatle (2,814,223) in view of Andresen (1,753,677). Regarding claims 1 and 19, Cheatle discloses a rotating bit (32; col. 2, lines 31-34 and col. 3, lines 20-24) configured to widen a tube by swaging to distend the tube (cathode tube 12; col. 2, lines 31-35) including a shank (34) and a tip comprising a plate (52; Fig. 8) including first and a second rectilinear portion (flat sides, 46; Fig. 7) wherein each of the first rectilinear portion (46) and the second rectilinear portion (46) include an inwardly extending portion (neck, 54; col. 3, lines 17- 18) comprising a first inwardly extending portion and a second inwardly extending portion (54, Fig. 8) that each terminate at a stopper (40). Regarding claims 20 and 21, the stopper (40) is a circular disc (Fig. 8) extending from the inwardly extending portions (54) to the shank (34). Regarding claim 22, the stopper (40) includes a corner (56). Regarding claim 23, the shank (34) has an axis of rotation extending through the plate (52) and the first and second inwardly extending portions (54; Fig. 8).
Cheatle does not disclose that the inwardly extending neck portions (54) are inwardly curving portions connected to the shank of a power tool. Andresen teaches spinning a rotatable bit tip (13; page 2, col. 1, lines 51-54) having tube expanding portions (13c,13d) constructed as a plate (page 2, col. 1, lines 3-5 and page 2, col. 2, lines 70-73) which is inserted into a tube (14) and is configured to rotate and expand the tube by spinning friction (page 2, col. 1, lines 8-10). Andresen teaches an inwardly curving neck portion (at 13; Figs. 2 and 3) between the bit tip (13b,13c,13d) and a stopper of a shank (13a; Fig. 2) that is connected to a power tool (B). Andresen teaches that when using the powered spinning tool tube direct heating of the tube is not necessary (page 1, col. 2, lines 74-75) for tube forming. It would have been obvious to the skilled artisan prior to the effective filing date of the present invention to modify the inwardly extending neck portions of Cheatle to be curved as taught by Andresen so as to transition the shape of the flat plate tip of the bit to a standard shank connection size for connection to a power tool.
Claim(s) 65 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cheatle (2,814,223) in view of Andresen (1,753,677) and further in view of Chen et al. (2022/0126218). Cheatle discloses a method comprising rotating a bit (32; col. 2, lines 31-34 and col. 3, lines 20-24) configured to widen a tube by swaging to distend the tube (cathode tube 12; col. 2, lines 31-35) including a shank (34) and a tip comprising a plate (52; Fig. 8) including a first and a second rectilinear portion (flat sides, 46; Fig. 7) wherein each of the first rectilinear portion (46) and the second rectilinear portion (46) include an inwardly extending portion (neck, 54; col. 3, lines 17-18) comprising a first inwardly extending portion and a second inwardly extending portion (54, Fig. 8).
Cheatle does not disclose that the inwardly extending neck portions (54) are inwardly curving portions connected to the shank of a power tool. Andresen teaches spinning a rotatable bit tip (13; page 2, col. 1, lines 51-54) having tube expanding portions (13c,13d) constructed as a plate (page 2, col. 1, lines 3-5 and page 2, col. 2, lines 70-73) which is inserted into a tube (14) and is configured to rotate and expand the tube by spinning friction (page 2, col. 1, lines 8-10) since Andresen teaches that heating of the tube is not necessary (page 1, col. 2, lines 74-75). Andresen teaches an inwardly curving neck portion (at 13; Figs. 2 and 3) between the bit tip (13b,13c,13d) and a stopper of a shank (13a; Fig. 2) that is connected to a power tool (B). It would have been obvious to the skilled artisan prior to the effective filing date of the present invention to modify the inwardly extending neck portions of Cheatle to be curved as taught by Andresen so as to transition the shape of the flat plate tip to a standard shank connection size for connection to a power tool.
Cheatle in view of Andresen does disclose including the bit in a kit with user instructions. Chen teaches ([0114],[0221]) that a tube working device (100) is configured in a kit including device components ([0029],[0030],[0031],[0032],[0033]) and also including user instructions [0223]. It would have been obvious to the skilled artisan prior to the effective filing date of the present invention to package the bit of Cheatle in view of Andresen including instructions as taught by Chen for shipping or point of sale to a user.
Response to Arguments
Applicant's arguments filed 12-1-2025 have been fully considered. The reference to Andresen is used to respond to Applicants amendment to an inwardly curving portion. Figures 2 and 3 of Andresen illustrate curving neck portions between a flat tip of a rotatable bit that is used to expand tubes and a shank of a power tool. It is an obvious modification to create a smooth, inwardly curved transition in the rotating bit of Cheatle so as to connect the bit to a shank of a power tool. The replacement of manual power by mechanical driven power is an obvious modification and to spin the bit of Cheatle with the power tool of Andresen accomplishes the same result of rotating a bit tip shaped as a plate within a tube to expand the tube.
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 EDWARD THOMAS TOLAN whose telephone number is (571)272-4525. The examiner can normally be reached M-F 7:30-5.
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/EDWARD T TOLAN/ Primary Examiner, Art Unit 3725
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