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 the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 10 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, because the specification, while being enabling for “an inner channel within the body” (page 2, line 19 of the specification), does not reasonably provide enablement for “said inner channel extending an entire length of the body” as recited in amended claim 10. The specification does not enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make the invention commensurate in scope with these claims.
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 10-14 are considered to be indefinite because the recitation that the inner channel extending an entire length of the body appears to contradict the limitation of “a socket defined within the body” as recited in claim 1. Thus, the language of claim 10 is unclear regarding the scope of the claimed limitations.
Claims 15-17 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.
Claim 15 recites the limitation "the second opposed end" in line 4. There is insufficient antecedent basis for this limitation in the claim.
Claim 15 is considered to be indefinite because claim 1 and the written description indicate that the “first end” includes “a first face”; however, the language of claim 15 implies that a groove is defined in the first face… configured to receive a pin…; whereas, according to claim 16 and the written description (page 4, lines 24 and 25 - “…a substantially square cut-out portion 80 in a center of a first face 90 of the first end.”), the first face has an opening (claim 16). Thus, the language of claim 15 is unclear regarding the scope of the claimed limitations.
Claim 16 is indefinite because it is unclear as to how the first face has both a groove (claim 15) and an opening, unless, the terms “groove” and “opening” are interchangeable. If that is the case, then claim 16 is redundant.
Claim 17, for the above reasons, is likewise indefinite.
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.
Claim(s) 1, 4, 5, 10-12 as well as understood, and 15-16, as well as understood, is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 7,788,995 B2 to (Nicolazzo et al.).
Regarding claim 1, (Nicolazzo et al.) discloses a tool comprising: a body 100 having opposed ends, wherein the first end opposed end includes a first face (not labeled – see annotated Figures below) and the second opposed end includes a second face 121; and a socket (a fitting cavity 120) defined within the body, said socket 120 configured (socket 120 is capable of engaging a hinge or gate pin, i.e., since right angle fittings 101c, 101d, which come in a variety of nominal sizes (e.g., 1/4 inch, 1/2 inch, 3/4 inch, 1 inch, and so on), Nicolazzo et al. disclose that the socket will also come in the same variety of sizes, each one being suitably dimensioned for working with a particular nominal size of angled fittings such that the fittings are received in the socket 120 of the body 100 (Col. 6, lines 18-28; Figs. 5A and 5D), and lag bolt gate hinge pins come in a variety of nominal sizes (e.g., 1/2 inch and 5/8 inch,) and have a similar right angle, the socket 120 of Nicolazo et al. is capable of, or has the capacity) to engage the hinge or gate pin for attachment to a fence, wherein the socket 120 is substantially U-shaped (axial canal 122) in the
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second face 121.
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Regarding claims 4 and 5, in (Nicolazzo et al.), the first opposed end has a cut-out portion 114, the cut-out portion is square shaped (“The axial driving devices 110 have a drive stud 118, typically square in cross section, which is insertable into a mating drive aperture 114” – Col. 4, line 67-Col.5, line 2).
Regarding claim 10, as well as understood, in (Nicolazzo et al.), the socket 120 defines an inner channel within the body, the inner channel extends a length of the body.
Regarding claim 11, as well as understood, in (Nicolazzo et al.), the socket 120 extends vertically from a center position of the second opposed end to a top of the body (see, e.g., annotated Fig. 4A on the previous page).
Regarding claim 12, as well as understood, in (Nicolazzo et al.), the socket 120 forms an elongate U-shape in the top of the body (see, e.g., annotated Fig. 3 on the previous page).
Regarding claim 15, as well as understood, (Nicolazzo et al.) discloses a device comprising: a body 100 having a first face and a second face; and a groove (a fitting cavity 120) a second opposed end (end face 121) to a top of the body (see annotated Figs. 3 and 4A on page 5 of this office action), whereby the groove is configured (as discussed above, socket, i.e., groove, 120 is capable of engaging a hinge or gate pin, i.e., since right angle fittings 101c, 101d, which come in a variety of nominal sizes (e.g., 1/4 inch, 1/2 inch, 3/4 inch, 1 inch, and so on), Nicolazzo et al. disclose that the socket (groove) will also come in the same variety of sizes, each one being suitably dimensioned for working with a particular nominal size of angled fittings such that the fittings are received in the socket (groove) 120 of the body 100 (Col. 6, lines 18-28; Figs. 5A and 5D), and lag bolt gate hinge pins come in a variety of nominal sizes (e.g., 1/2 inch and 5/8 inch,) and have a similar right angle, the socket (groove) 120 of Nicolazzo et al. is capable of, or has the capacity) to receive a pin for securing to a fence.
Regarding claim 16, as well as understood, in (Nicolazzo et al.), the first face has an opening 114.
Claim(s) 15-17, as well as understood, is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 11,207,761 B2 to (Bustle).
Regarding claim 15, as well as understood, (Bustle) discloses a fencing device 10, comprising: a body (elongated socket body 11) having a first face (distal end) and a second face (proximal face 14); and a groove (fastener receiving opening 30 or fastener keyway 30)
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Regarding claim 16, as well as understood, in (Bustle), the first face (distal end) has an opening (drive socket keyway 20; Col. 2, lines 41-44; Figs. 1 and 2).
Regarding claim 17, as well as understood, in (Bustle), the groove extends a length of the body to the opening (evident in Figs. 1-4).
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(s) 13 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over (Nicolazzo et al.), as applied to claims 1, 4, 5, and 10-12 as well as understood, above, in combination with US 6,354,176 B1 to (Nordlin), US 2009/0095137 A1 to (McKee), US 2018/0111252 A1 to (Miley et al.), or US 10,442,059 B2 to (Milligan et al.).
(Nicolazzo et al.), as applied to claims 1, 4, 5, and 10-12 as well as understood, above, provides the invention as claimed except for the provision of a hole adjacent to the first opposed end is positioned within the top of the body wherein the hole extends to the inner channel.
The use of a hole adjacent to the first opposed end is positioned within the top of the body, wherein the hole extends to the inner channel is well-known in the art as demonstrated by: (Nordlin)(“ As shown in FIGS. 1, 2 and 6, preferably holes 90 and 92 are provided proximate each end 14 and 16 of the socket 10 for cooperating with a spring pin locking mechanism, such as with the plunger 82 of the spring pin locking mechanism 80 of the adapter 70 shown in FIG. 1.”); (McKee)(“ a socket retention pin hole 106”); (Miley et al.)(“ The rear aperture 111 may be configured and sized to receive a drive tang of a tool, such as, for example a wrench or power driver. Near the rear aperture 111, the socket body 110 may include a hole or detent 117 that is configured to receive a pin, nub, bearing or the like affixed to the drive tang to hold the socket 100 in position on the drive tang.”); and, (Milligan et al.)(“ Drive end body portion 112 may also comprise detent receiving hole 116 for receiving a detent protrusion of a drive anvil or drive axle (not shown) that may be inserted into socket 100.”).
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Therefore, it would have been obvious to one having ordinary skill in the art at the time of the effective filing date of the invention to have modified the tool of (Nicolazzo et al.), as applied to claims 1, 4, 5, and 10-12 as well as understood, above, by providing a through hole, as demonstrated by (Nordlin), (McKee), (Miley et al.), and (Milligan et al.) respectively, as a well-known means for releasably retaining the drive tool to the body.
Claim(s) 18-20 are is/are rejected under 35 U.S.C. 103 as being unpatentable over (Nicolazzo et al.) in combination with (Bustle).
Regarding claim 18, (Nicolazzo et al.), as discussed above, provides a tool with a body 100 having a first face (not labeled, see annotated Fig. 3 on page 5 of this office action) and a second, opposed face 121 and a socket defining an inner channel (a fitting cavity 120) in said body, said socket being substantially U-shaped (axial canal 122) in the second, opposed face 121 (see annotated Fig. 4A on page 5 of this office action). The tool of (Nicolazzo et al.) is designed to engage with angled pipe fittings 101a, 101b, 101c, 101d, where fittings 101c and 101d are right angle fittings, and to provide torque to any one of the angled pipe fittings relative to a fixed threaded end of pipe having a longitudinal axis, wherein the angled fitting has an axial arm and a lateral arm, and wherein the torque must be applied about an axis of the axial arm of the angled fitting while it is coaxially aligned with the longitudinal axis of the fixed threaded end (Col. 2, lines 24-30). As addressed previously with respect to, inter alia, claim 1, the fitting cavity (socket) 120 is capable of engaging a hinge or gate pin, i.e., since right angle fittings 101c, 101d, which come in a variety of nominal sizes (e.g., 1/4 inch, 1/2 inch, 3/4 inch, 1 inch, and so on), Nicolazzo et al. disclose that the socket will also come in the same variety of sizes, each one being suitably dimensioned for working with a particular nominal size of angled fittings such that the fittings are received in the socket 120 of the body 100 (Col. 6, lines 18-28; Figs. 5A and 5D), and lag bolt gate hinge pins come in a variety of nominal sizes (e.g., 1/2 inch and 5/8 inch,) and have a similar right angle, the fitting cavity (socket) 120 of Nicolazo et al. is capable of, or has the capacity) to engage the hinge or gate pin for attachment to a fence.
Although (Nicolazzo et al.) does not explicitly intended for the tool to engage a gate pin with the fitting cavity (socket) 120, the tool would be capable of being used in the manner as recited in the method steps of claim 18.
Assuming arguendo, (Bustle), as previously discussed, provides a tool with a body having a first face and a second, opposed face and a socket defining an inner channel in the body; and describes using the tool to engage and drive gate hinge pins 60 (Col. 1, lines 11-13; Fig. 5) with the assumption that a user of the tool would attach the gate pin 60 to a fence post.
Therefore, it would have been obvious to one having ordinary skill in the art at the time of the effective filing date of the invention to have combined the teachings of (Nicolazzo et al.) with the teachings of (Bustle) in order to attach a gate pin to a fence post.
Regarding claim 19, in the combination of (Nicolazzo et al.) with the teachings of (Bustle), (Bustle) teaches that the actuating is performed by a ratchet (a wrench – see Col. 2, lines 26-65).
Regarding claim 20, in the combination of (Nicolazzo et al.) with the teachings of (Bustle), (Nicolazzo et al.) teaches that the actuating may be performed by a motor drive 110a (i.e., a motor drill – Col. 3, lines 4 and 5; Fig. 2); and/or, a ratcheting wrench 110b (i.e., - Col. 3, lines 4 and 5; Fig. 2).
Thus, the steps of claims 19 and 20 would have been obvious in the combination of (Nicolazzo et al.) with the teachings of (Bustle).
Response to Arguments
Applicant's arguments filed 20 August 2025 have been fully considered but they are not persuasive.
In response to applicant's argument on pages 6-7 that “the claimed invention is designed for use with a gate pin having a tapered end that does not require an additional fastening means, such as the nut in Bustle.”, a recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. Furthermore, Bustle states in the first sentence of the SUMMARY: “The present invention is a socket for transmitting torque to a fastener having an offset head for the purpose of driving a fastener, e.g. a gate hinge pin, by transmitting torque to the fastener shaft through a fastener head.” (emphasis added),; and, in Col. 3, lines 43-51: “The socket 10 permits the application of torque from the wrench to the fastener (i.e., gate pin 60) through the application of force to the driven fastener end as communicated through the fastener engaging surfaces 34 of the socket body 11. This permits the socket 10 to reduce the amount of force required to drive a fastener into a substrate despite the existence of asymmetrical elements on the driven end of a fastener, i.e. the asymmetric fastener head, that prevent it from being received into a typical socket 10.” Thus, the tool of Bustle is configured to apply rotational force (torque) to the fastener (i.e., a gate pin 60) for the intended purpose of “attaching the gate pin to the fence post by actuating the fencing tool” as recited in original claim 18. Whether the gate pin has an opposing nut on the opposite side of the post, or is one of a number of known lag bolt gate pins that screw directly into the fence post is immaterial to the capability for a user of the tool of Bustle for engaging the gate pin with the socket; and attaching the gate pin to the fence post by actuating the fencing tool.
In response to applicant's argument that the references fail to show certain feature(s) of the invention, it is noted that the features upon which applicant relies (i.e., “the claimed invention has a bottom side”)(page 7), a bottom side 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).
The remaining arguments with respect to the anticipation of claims 1 and 18 by (Bustle) have been considered but are moot; however, (Bustle) anticipates claims 15-17, as well as understood.
Regarding the arguments with respect to the rejections under 35 U.S.C. 103 as being obvious over Bustle in combination with the other references (pages 8-10) have been considered, however, in view of the amendment to the claims, a new basis for rejection(s) under 35 U.S.C. 103 has been made based upon the combination of (Nicolazzo et al.) with (Nordlin), (McKee), (Miley et al.), or (Milligan et al.) and (Nicolazzo et al.) in combination with (Bustle).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure as describing tool having structural components relevant to the present application.
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 David B. Thomas whose telephone number is (571) 272-4497. The examiner’s e-mail address is: dave.thomas@uspto.gov. The examiner can normally be reached on Mon-Fri 11:30-7:30.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Posigian can be reached on (. The fax phone number for the organization where this application or proceeding is assigned is (571) 273-8300.
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/David B. Thomas/
Primary Examiner, Art Unit 3723
/DBT/