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 .
Election/Restrictions
Newly submitted independent claims 16 and 23 and their dependence are directed to inventions that are independent or distinct from the inventions originally claimed for the following reasons: original claims 9, 16 and 23 were examined for an invention directed to an improved ratcheting wrench and its associated methods of forming and using the tool. The amended claim 9 as newly introduced, is directed to an open-end wrench, whereas the method of forming and using are still directed to a different type of wrench, i.e., an improved ratcheting wrench.
Since applicant has received an action on the merits for the originally presented invention, this invention has been constructively elected by original presentation for prosecution on the merits. Accordingly, claims 16-25 and 27-29 are withdrawn from consideration as being directed to a non-elected invention. See 37 CFR 1.142(b) and MPEP § 821.03.
To preserve a right to petition, the reply to this action must distinctly and specifically point out supposed errors in the restriction requirement. Otherwise, the election shall be treated as a final election without traverse. Traversal must be timely. Failure to timely traverse the requirement will result in the loss of right to petition under 37 CFR 1.144. If claims are subsequently added, applicant must indicate which of the subsequently added claims are readable upon the elected invention.
Should applicant traverse on the ground that the inventions are not patentably distinct, applicant should submit evidence or identify such evidence now of record showing the inventions to be obvious variants or clearly admit on the record that this is the case. In either instance, if the examiner finds one of the inventions unpatentable over the prior art, the evidence or admission may be used in a rejection under 35 U.S.C. 103 or pre-AIA 35 U.S.C. 103(a) of the other invention.
Drawings
The drawings are objected to under 37 CFR 1.84(h). Views not labeled separately or properly, Fig(s). 1-4. The drawing must contain as many views as necessary to show the invention. The views may be plan, elevation, section, or perspective views. Detail views of portions of elements, on a larger scale, if necessary, may also be used. All views of the drawing must be grouped together and arranged on the sheet(s) without wasting space, preferably in an upright position, clearly separated from one another, and must not be included in the sheets containing the specifications, claims, or abstract. Views must not be connected by projection lines and must not contain center lines.
(1) Exploded views. Exploded views, with the separated parts embraced by a bracket, to show the relationship or order of assembly of various parts are permissible. When an exploded view is shown in a figure which is on the same sheet as another figure, the exploded view should be placed in brackets.
Note: Specification may require revision to correspond to drawing changes, e.g., if Fig. 1 is changed to Fig. 1A, Fig. 1B, etc., the specification, at the Brief Description of the Drawings, must likewise be changed.
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. 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 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 15 is finally 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.
Claim 15 is indefinite for reciting “an open end wretch” in the preamble and depending on claim 9, yet the body recites for a closed end wrench with insert.
Claim Rejections - 35 USC § 102
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-3, 5-7, 9, 10, 12, 14 and 15 are finally rejected under 35 U.S.C. 102(a)(1) as being anticipated by Srzanna (4,926,720).
Srzanna discloses all of the limitations of claim 1, i.e., a tool comprising:
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a main body 1, 11 having a handle 11 with a head 1 formed with an open end Fig. 1, the open end defining a longitudinal axis that extends therethrough defined by the open-end wrench;
the head 1 comprising a recess formed on an inner surface thereof defined by half shells 1a, 1b;
a plurality of pawls 3 disposed circumferentially around the longitudinal axis within an aperture of the recess Figs. 1 and 2;
a retention ring 4 disposed circumferentially around the longitudinal axis within an aperture of the recess Fig. 1;
a gear 2 disposed circumferentially around the longitudinal axis within an aperture of the recess and configured to engage a fastener Fig. 1;
wherein the plurality of pawls 3 is further adapted to pivot relative to a certain orientation Fig. 1, the plurality of pawls being provided with a plurality of pawl teeth defined by the engaging tip disposed for movement into and out of engagement with the ratchet teeth Fig. 1; and
wherein the plurality of pawls 3 are further configured to engage a fastener and continue to operate without the need to disengage and reengage with the fastener during operation of the tool and wherein the pawls are further configured to slip past the gear when rotated in a first direction and capture the gear when rotated in a second direction ratcheting motion.
Regarding claim 2, PA (prior art, Srzanna) meets the limitations, i.e., the tool of claim 1, wherein the tool is a ratchet open wrench tool Fig. 1 and wherein the head further includes a C-shaped first portion 1a and an elongated second portion 1b having a proximal end thereof disposed on and secured to an exterior surface of the C-shaped first portion Fig. 1.
Regarding claim 3, PA meets the limitations, i.e., the tool of claim 2, wherein the pawls 3 are further configured to be anchored by a plurality of pins 32 disposed circumferentially within an aperture of the recess and encircling the head Fig. 1.
Regarding claim 5, PA meets the limitations, i.e., the tool of claim 1, wherein the tool is further adapted to perform the function of tightening and/or loosening a fastener regardless of whether or not there is an obstruction impeding a full 360-degree rotation of the tool Fig. 12.
Regarding claim 6, PA meets the limitations, i.e., the tool of claim 1, wherein the tool can be used as an open end wrench or box end wrench Fig. 1.
Regarding claim 7, PA meets the limitations, i.e., the tool of claim 1, wherein the retention ring is made of spring steel and configured to align circumferentially with the main body of the tool and apply tension to the plurality of pawls 05:54.
CLAIM 9
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Srzanna discloses all of the limitations of claim 9 and its associated method of forming claim 16, and associated method of using claim 23, as best understood, i.e., an improved open-end Fig. 1, partially shown here wrench and comprising:
a main body having a handle 11 with a head 1 formed with an open end, the open end defining a longitudinal axis Fig. 1 that extends therethrough;
wherein the head 1 comprises a recess accommodating 2, 3 formed on an inner surface thereof;
wherein the head further includes a C-shaped first portion 1a and an elongated second portion 11a having a proximal end thereof disposed on and secured to an exterior surface of the C-shaped first portion Fig. 1;
a plurality of pawls 3 disposed circumferentially around the longitudinal axis within an aperture of the recess Fig. 1;
a retention ring 4 disposed circumferentially around the longitudinal axis within an aperture of the recess Fig. 1;
a gear 2 disposed circumferentially around the longitudinal axis within an aperture of the recess and configured to engage a fastener Fig. 1;
wherein the plurality of pawls 3 are further adapted to pivot relative to a certain orientation Fig. 1, the pawls being provided with a plurality of pawl teeth tip defined by each pawl disposed for movement into and out of engagement with the ratchet teeth; and
wherein the plurality of pawls 3 are further configured to engage a fastener and continue to operate without the need to disengage and reengage with the fastener during operation, wherein the pawls are further configured to slip past the gear when rotated in a first direction and capture the gear when rotated in a second direction ratcheting motion.
Regarding claim 10, PA meets the limitations, i.e., the improved open-end wrench of claim 9, wherein the pawls are further configured to be anchored by a plurality of pins 32 disposed circumferentially around the longitudinal axis Fig. 1 within an aperture of the recess and encircling the head.
Regarding claim 12, PA meets the limitations, i.e., the improved open-end wrench of claim 9, wherein the wrench is further adapted to perform the function of tightening and/or loosening the fastener regardless of whether or not there is an obstruction impeding a full 360- degree rotation of the tool Fig. 9, 07:41-43.
Regarding claim 14, PA meets the limitations, i.e., the open-end ratchet wrench of claim 9, wherein the retention ring is made of spring steel 05:54 and configured to align circumferentially with the main body of the tool and apply tension to the plurality of pawls.
Regarding claim 15, PA meets the limitations, as best understood, i.e., the open-end ratchet wrench of claim 9, wherein the tool further comprises a ratcheting closed end wrench Fig. 12 with removable inserts for accommodating multiple sizes of fasteners.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim 15, as best understood and in the alternative, is finally rejected, in the alternative is rejected under 35 U.S.C. 103 as being unpatentable over PA in view of Sroka (8,498,931).
PA (prior art, Srzanna) meets all of the limitations of claim 15, as best understood, as applied above, however in the alternative and in order to expedite the prosecution, it does not disclose a closed end box type wrench.
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Sroka teaches a ratcheting open end wrench comprising inserts that may be used including inserts configured as a closed end box wrench Figs. 13-16. It would have been obvious to one of ordinary skill in the art, before the effective date of the invention, to modify the invention of PA with closed end inserts as taught by Sroka adapted to interact with various mechanical fasteners, other tools, etc.
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.
Response to Arguments
Applicant's arguments filed November 19, 2025 have been fully considered but they are not persuasive.
The objections to the drawings are not withdrawn, since the sectional views do not comply with the requirements.
Applicants remarks regarding the different embodiments of the instant application and references to the paragraphs in the PG Pub, fail to point out which claim limitation is not met. The amended independent claims now require for pawls to pass over gear in one direction and engage the gear when rotated in another direction, which is met by a ratcheting wrench as disclosed by applied art, which ratchets over the gear in one direction and engages the gear in the other direction, i.e., definition of “ratcheting”.
In response to applicant’s argument that there is no teaching, suggestion, or motivation to combine the references, the examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007). In this case, prior art discloses several configurations of a ratchet wrench, including a closed-end wrench with replaceable inserts. modifying for a closed-end wrench with inserts for adapting to different shapes and sizes of workpiece, is the motivation to combine.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HADI SHAKERI whose telephone number is (571)272-4495. The fax phone number for forwarding unofficial documents for discussion purposes only is (571) 273-4495. The examiner can normally be reached on M-F.
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, Brian Keller can be reached on 571 272 8548. The fax number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Hadi Shakeri/
March 5, 2026 Primary Examiner, Art Unit 3723