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 .
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.
Claim 5 and all subsequent dependent claims 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.
Regarding claim 5, the claim limitation “the hinge assembly is selectively lockable between an operating position and a folded position at which the jaw assembly is sidelong-adjacent the trigger assembly and out-of-plane from the handle” renders the claim indefinite, as the term “out-of-plane from the handle” does not possess enough detail to make sense. Since no planes have been defined by the Applicant, the Examiner is unable to determine the metes and bounds of the claim. In the interest of compact prosecution, the Examiner will interpret this limitation to mean that the jaw is no longer aligned with the handle along the longitudinal axis.
Regarding claim 9, the claim limitation “the release button moving the lock pawl from engaging the recess in response to movement of the release button” renders the claim indefinite, as it makes no sense from a grammatical standpoint. In the interest of compact prosecution, the Examiner will interpret this limitation as “the release button unlocks the lock pawl from engaging the recess in response to movement of the release button”.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-6, 9-12, 14-18, 20-21 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fleming, US 10500715.
Regarding claim 1, Fleming discloses: A reaching and grabbing tool (Fig. 1, object-picking tool 100) comprising:
a trigger assembly having a trigger and a handle (Fig. 1, controlling device 114 present on the handle 112);
a jaw assembly (Fig. 1, gripping device 102) having at least one jaw operably connected to the trigger to move the at least one jaw; and
hinge assembly (Fig. 1, folding and locking device 110 and Figs. 2a-2g, folding and locking device 201) disposed between the trigger assembly and the jaw assembly, wherein the hinge assembly includes a lock (Figs. 2a-2g, 3 folding and locking device 201 and/or 302), that is selectively engageable based at least in part on a position of the jaw assembly relative to the trigger assembly.
Regarding claim 2, Fleming further discloses: the lock includes a first housing (Figs. 2a-2g, locking unit 210 having a first member 210a and a second member 210b) having a recess, a lock pawl (Figs. 2a-2g, locking pin 202a) movably disposed in the recess, a biasing member (Figs. 2a-2g, button 202) disposed to bias the lock pawl into the recess, and a release button (Figs. 2a-2g, button 202) operably coupled to the lock pawl (As discussed in Col. 5, line 64, the button can be pressed from either side in order to lock/unlock the device. As such, it meets the limitation of both the biasing member and the release member – “As mentioned in FIG. 3 the folding and locking device 302 is using the push button mechanism for locking the distal and proximal arms 106-108. When the user push the button 304 then locking pin 202a locks the distal and proximal arms 106-108, and the button 304 shifts at the opposite side 306 and now for unlocking the distal and proximal arms 106-108, the user have to push the opposite side button 304 so it's kind of manual locking system. In some embodiments, the button can be pushed back from the opposite side 306.”).
Regarding claim 3, Fleming further discloses: the lock pawl is arranged to move from an engaged position (Fig. 2c) within the recess to a released position (Fig. 2f) in response to movement of the release button.
Regarding claim 4, Fleming further discloses: the release button is arranged to move to the engaged position within the recess, the hinge assembly is selectively lockable (Fig. 2c).
Regarding claim 5, Fleming further discloses: the hinge assembly is selectively lockable between an operating position (Fig. 1a) and a folded position (Fig. 1b) at which the jaw assembly is sidelong-adjacent the trigger assembly and out-of-plane from the handle.
Regarding claim 6, Fleming further discloses: the lock (Figs. 2a-2g, 3 folding and locking device 201 and/or 302) comprises:
a first housing having a recess with a pair of recess portions (Figs. 2a-2g, l first member 210a and a second member 210b);
a lock pawl (Figs. 2a-2g, locking pin 202a) selectively engageable with the recess; and
a release button (Figs. 2a-2g, button 202) movably coupled to the first housing an operably coupled to the lock pawl.
Regarding claim 9, Fleming further discloses: the release button (Figs. 2a-2g, button 202) moving the lock pawl (Figs. 2a-2g, locking pin 202a) from engaging the recess in response to movement of the release button.
Regarding claim 10, Fleming further discloses: the jaw assembly (Fig. 1, gripping device 102) has at least one jaw operably coupled to the trigger, the at least one jaw being configured to move from an open position to a second position in response to movement of the trigger (Col. 4, line 18-45).
Regarding claim 11, Fleming further discloses: a cable operably coupled between the trigger and the jaw, the cable extending through the hinge assembly (Col. 4, line 29, “the gripping device 102 is linked or connected to the controlling device 114 via suitable linking structure like a wire (not seen in drawings as the linking structure is inside of the elongated arm 104)”).
Regarding claim 12, Fleming further discloses: a first pole (Fig. 1, proximal arm 108) coupled between the trigger assembly and the hinge assembly, and a second pole (Fig. 1, distal arm 106) coupled between the hinge assembly and the jaw assembly.
Regarding claims 14-18 and 20-21, the claims do not contain any limitations that are not already claimed in the previous claims 1-13. As such, the citations listed in claims 1-13 are hereby incorporated by reference for claims 14-18, 20-21.
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 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over Fleming in view of Khubani, US 20030222467.
Regarding claim 7, Fleming discloses the device of claims 1 and 6.
Fleming doesn’t explicitly disclose: the lock pawl has a pair of teeth, the pair of teeth engaging the pair of recess portions when the lock pawl is engaged in the recess.
Khubani teaches: the lock pawl has a pair of teeth, the pair of teeth engaging the pair of recess portions when the lock pawl is engaged in the recess ([0028] “The hinge pin is made of exterior section 170 and a retention member 172. Retention member includes rounded head section 172 on the end of shank member 175. Shank member 175 of retention member 172 is received in opposite and complementary cavity 178 that is provided in the exterior section 170. As seen in FIGS. 7 and 8 the exterior shank section 179 has a number of sections along its axial length. As best seen in FIG. 7, a bottom view of the exterior section 170, section 185 has an aster or "star shaped" axial section. Sections 183 and 181 of the pin have the same star shaped profile. Separating the star shaped sections are sections 182 and 184 that having circular or round axial sections. As best seen in FIG. 6 the exterior section of the pin is inserted through the axial cavity formed when the knuckles are aligned.”).
Therefore, it would have been obvious to one having ordinary skill in the art at the time of filing to utilize the locking pawl design of Khubani in combination with the device of Fleming, thereby combining prior art element to achieve a predictable result. This alteration represents a simple substitution for one type of locking pawl for another. The Examiner notes that the claimed limitation of the locking teeth do not provide any specific benefit or criticality over another type of locking pawl design ([0038] describes the locking teeth design, but does not highlight any benefit specific to this type of design over another).
Regarding claim 8, the modified Fleming further discloses: the lock further comprises a biasing member operably coupled to the lock pawl to move the lock pawl into the recess when the pair of teeth are aligned with the pair of recess portions ([0029] “The arrangement described above allows the hinge pin to be positioned in alternative positions including a first position wherein the rounded axial sections 183 and 184 of the pin are aligned within knuckle sections 137 and 139. In this first position the hinge section is allowed to rotate about the pin. Application of pressure on the rounded head allows the pin to be moved in an axial direction through the channel to a second position where the are locked with respect. In the locked position the star shaped axial sections 181, 183 and 185 of pin 170 are aligned within the aster shaped cavities defined by the knuckles 201 203 139 and 118. In this position the front leaf section does not move with respect to the rearward leaf section section.”).
Claims 13 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Fleming in view of McMullan, US 7344171.
Regarding claims 13 (and 19), Fleming further discloses: a first pole (Fig. 1, proximal arm 108) coupled between the trigger assembly and the hinge assembly, and a second pole (Fig. 1, distal arm 106) coupled between the hinge assembly and the jaw assembly.
Fleming does not explicitly disclose: wherein the cable comprises:
a first cable coupled to the trigger and extending through the first pole, the hinge assembly and a proximal portion of the second pole;
a second cable coupled to the jaw assembly and extending through a distal portion of the second pole; and
a biasing member coupled between the first cable and the second cable and extending through the second pole.
McMullan teaches: wherein the cable (Figs. 1-2, rod 20) comprises:
a first cable (Figs. 1-2, 6a-6b, portion of rod 20 shown connected to trigger 80 in Figs. 6a-6b) coupled to the trigger and extending through the first pole (the 2 part pole is used from the Fleming reference), the hinge assembly and a proximal portion of the second pole (the 2 part pole is used from the Fleming reference);
a second cable (Figs. 1-2, 3a-3b, portion of rod 20 shown connected to gripping assembly as shown in 3a-3b) coupled to the jaw assembly and extending through a distal portion of the second pole (the 2 part pole is used from the Fleming reference); and
a biasing member (Figs. 1-2, biasing member 22) coupled between the first cable and the second cable and extending through the second pole (the 2 part pole is used from the Fleming reference).
Therefore it would have been obvious to one having ordinary skill in the art at the time of invention to utilize the biasing member as taught by McMullan in combination with the device of Fleming, thereby combining prior art elements to achieve a predictable result. The benefit of this alteration is described in the McMullan reference, Col. 8, line 40, “As can be seen in reference to FIG. 2, one embodiment of the present invention incorporates resilient portion 22 into rod 20. In the embodiment shown, the resilient portion 22 substantially resembles a helical tension spring. In the second mode of operation, wherein lock lever 100 is disposed to engage trigger tab 86, resilient portion 22 of rod 20 serves to provide a latent gripping force to jaws 64 and 66 when the user operates trigger 80 to the partially and fully closed positions. If, for instance, the user desires to grasp an object of a dimension narrower than that provided between pads 120 when jaws 64 and 66 are in a partially closed position, but wider than the distance between pads 120 when the jaws are in a fully closed position, the user would be unable to achieve a locking grip on an object so dimensioned with a device having a substantially inelastic rod 20. In the present embodiment, however, the user can achieve a locking grip on an object of the above-described dimensions due to the presence of resilient portion 22 in rod 20. When jaws 64 and 66 have fully contacted the object in question and are limited by that object from achieving a closer proximity, the user may continue to exert a force on trigger 80 and further displace it by effecting an elastic tensioning of the resilient portion 22. The user is thus able to displace tab 86 on trigger 80 to the next available trigger interface notch 106 on lock lever 100. When the trigger 80 is thus locked, resilient portion 22 continues to exert a tensile force within rod 20 allowing jaws 64 and 66 to maintain positive compression forces on the object in question. The user may release the grip achieved by the device simply by operating toggle arm 116 to move cam follower 110 from second cam seat 104 to the first cam seat 102. In this way, tab 86 on trigger 80 is freed from the restriction of trigger interface notches 106 on lock lever 100 and the jaws 64 and 66, rod 20, and trigger 80 are restored to the fully opened condition through the restorative force provided by spring 59 acting against stop 48 and boss 58.”.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL JEREMY LEEDS whose telephone number is (571)272-2095. The examiner can normally be reached Mon-Thurs, 0730-1730.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anna Kinsaul can be reached at 571-270-1926. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/DANIEL JEREMY LEEDS/Primary Examiner, Art Unit 3731