DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Medicine
Status of Claims
This action is in reply to the communications filed on 1/9/2026.
The Examiner notes claims 1-20 are currently pending and have been examined. Claims 16-20 are withdrawn due to the Applicant’s Election of Claims 1-15 in the Response to Restriction Requirement submitted 1/9/2026.
Election/Restrictions
Claims 16-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected method of using a hydraulic wrench (Invention 2), there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 1/9/2026.
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) 1-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shahid et al. (US 20200308951) in view of Whisenhunt (US 5653297) further in view of MAGNUSON (US 20210363838), hereinafter Shahid, Whisenhunt, & Magnuson, respectively.
Regarding claim 1 & 9. (Each claim status is listed above in the Status of Claims section) Shahid mast [16] for drilling comprising:
a frame [24];
a plurality of rods connected by a plurality of fasteners mounted to the frame [Fig 1-2; ¶19; 32 are connected by fasteners are mounted to 24 via 26];
a tool bit fastened on an end of the plurality of rods [Fig 1-2; ¶19; the tool bit (34) is fastened to an end of 32];
a hydraulically operated breakout ("HOBO") wrench pivotally coupled to the mast [Fig 1-2; ¶20 & ¶24; a wrench (50) is connected to 24], the HOBO wrench including:
…
a hydraulic wrench circuit [¶20 & ¶26; the wrench uses a hydraulic cylinder to operate and would have a hydraulic circuit];
a … proximity sensor [¶25 & ¶27; the wrench (50) can have proximity sensor]; and
a HOBO controller [Fig 3; 104] in communication with the plurality of proximity sensors [Fig 3; 104 is connected to the wrench sensors to detect the deck wrench state which includes its position], the HOBO controller configured to actuate the HOBO wrench to and from a parked position, an engaged position, and a clamping position around the plurality of fasteners [¶27 & ¶35; the wrench is controlled by 104 to engage or disengage (i.e. a parked position, engaged position, and a clamping position)], the plurality of proximity sensors communicate signals to the HOBO controller to maintain a threshold clearance between the HOBO wrench and other components of the mast when moving to and from the parked position, the engaged position, and the clamping position [¶27 & ¶36; the controller monitors the position of the deck wrench and carousel as well as the position of other components, therefore the controller can maintain a threshold clearance between the wrench and other components based on know the position of all the components].
Shahid may not explicitly disclose the HOBO wrench including: a pedestal; a swing arm pivotally mounted on the pedestal having a first cylinder and a second cylinder; a fixed jaw connected to the second cylinder and having a third cylinder; a clamping jaw configured to engage the plurality of fasteners; or a plurality of proximity sensors.
However Whisenhunt teaches a HOBO wrench including:
a pedestal [Fig 3-4 & 7; 66, 132, and the portion of 22 between 66 and 132 form a pedestal];
a swing arm pivotally mounted on the pedestal having a first cylinder and a second cylinder [Fig 3-4 & 7; 54 is mounted on the pedestal and can pivot about the pedestal and 54 has a first cylinder (128) and a second cylinder (192)];
a fixed jaw connected to the second cylinder and having a third cylinder [Fig 3-4 & 7; 156 is a fixed jaw connected to 192 and has a third cylinder (252)];
a clamping jaw configured to engage the plurality of fasteners [Fig 1-7; 236 is a clamping jaw that can engage the plurality of fasteners].
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the wrench as disclosed by Shahid to have the wrench include: a pedestal; a swing arm pivotally mounted on the pedestal having a first cylinder and a second cylinder; a fixed jaw connected to the second cylinder and having a third cylinder; a clamping jaw configured to engage the plurality of fasteners as taught by Whisenhunt for the purpose a wrench member having thereon three pins, each of which is received in a respective one of the swing arm slots for guiding pivotal movement of the wrench member about the pivot axis; and wrench member and the clamping jaw are pivoted relative to the swing arm by a breakout hydraulic assembly connected between the swing arm and the pin farthest from the pivot axis. The breakout hydraulic assembly has a longitudinal axis which extends between the swing arm axis and the pivot axis so that the force of the breakout hydraulic assembly creates a moment biasing the swing arm toward the pipe section [Whisenhunt: Col2:line23-39].
Shahid as modified may not explicitly disclose a plurality of proximity sensors.
However Magnuson teaches a wrench with a plurality of proximity sensors [Fig 4; ¶67-¶68; the cylinders 108, 140, & 150 can have proximity sensors].
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the proximity sensor as taught by Shahid as modified to be a plurality of proximity sensors as taught by Magnuson for the purpose of know the position of all the moving components of the wrench to better know its position relative to other components [Magnuson: ¶68].
Regarding claim 2 & 10. Shahid as modified teaches the mast of claim 1, wherein the first cylinder is a swing cylinder [Shahid: Fig 3-4 & 7; Col4:line36-58; 128 the swing cylinder for the wrench], the second cylinder is a rotate cylinder [Shahid: Fig 3-4 & 7; Col5:line22-50; 192 the rotate cylinder for the wrench], the third cylinder is a clamp cylinder [Shahid: Fig 3-7; Col6:line15-35; 252 the clamp cylinder for the wrench], and the plurality of proximity sensors include: a first proximity sensor mounted on the pedestal; and a second proximity sensor mounted on the swing arm [The swing cylinder on the pedestal and the rotate cylinder on the swing arm can each have a proximity sensor as taught by Magnuson ¶67- ¶68 (the second cylinder is also on the fixed jaw for the limitations of claim 10)].
Regarding claim 3 & 11. Shahid as modified teaches the mast of claim 2, wherein: the first proximity sensor communicates signals to the HOBO controller to allow extension and retraction of the rotate cylinder, the rotate cylinder is actuated to rotate the fixed jaw out of the swing arm; and the second proximity sensor communicates signals to the HOBO controller to allow extension and retraction of the clamp cylinder [The controller of Shahid takes the sensor data and actuates the cylinders based on the data; whether it is the swing, rotate, or clamp cylinders].
Regarding claim 4 & 12. Shahid as modified teaches the mast of claim 3, wherein the HOBO controller maintains a minimum threshold clearance… preventing the HOBO wrench from colliding with the frame, plurality of fasteners, the tool bit, and the plurality of rods when transitioning positions to and from the parked position, the engaged position, and the clamping position [Shahid: ¶27 & Magnuson: ¶67-¶68; knowing the position of the wrench the controller can maintain a clearance relative to the other components around the wrench when it is moved to and from the parked, engaged, and clamping positions].
Shahid as modified may not explicitly disclose the HOBO controller maintains a minimum threshold clearance of 50mm.
However it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to the HOBO controller as taught by Shahid as modified maintains a minimum threshold clearance of 50mm since it has been held that "where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimension would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device" MPEP 2144.04-IV-A. In the instant case, the wrench of Shahid as modified would not operate differently with the controller maintaining the claimed threshold clearance and since the clearance is intended to prevent the wrench from hitting the other components on or near the mast. The wrench would function appropriately having the controller maintain the claimed threshold clearance. Further, Applicant places no criticality on the clearance claimed in either the Specification or the Drawings.
Regarding claim 5 & 13. Shahid as modified teaches the mast of claim 3, wherein the clamping jaw may engage with the plurality of fasteners, each of the plurality of fasteners having different diameters [Whisenhunt: Col6:line46-48; the wrench can engage with variety of pipes with different sizes (i.e. the plurality of fasteners having different diameters)].
Regarding claim 6 & 15. Shahid as modified teaches the mast of claim 3, the mast is coupled to a machine frame of a work machine having a prime mover supported by the machine frame [Shahid: Fig 1-2; ¶17; 16 is coupled to 12 which supports 14], ground engaging elements supporting the frame [Shahid: Fig 1-2; ¶17; crawler tracks (18) is supporting 12], and a hydraulic machine circuit coupled to the hydraulic wrench circuit of the HOBO wrench [Shahid: Fig 1-2; ¶17 & ¶20; 40 is hydraulic machine circuit that is coupled to the wrench].
Regarding claim 7. Shahid as modified teaches the mast of claim 6, wherein the work machine has a controller and a display interface in a cab communicable with the HOBO controller [Fig 1; ¶17 & ¶21; the operator cab (22) has a controller and a display interface that can communicate with the HOBO controller].
Regarding claim 8. Shahid as modified teaches the mast of claim 6, but may not explicitly disclose wherein a plurality of HOBO wrenches are mounted in the mast.
However Magnuson further teaches a plurality of HOBO wrenches are mounted in the mast [Fig 2-3C; there can be a plurality of wrenches mounted to the mast].
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the wrench as taught by Shahid as modified to have a plurality of HOBO wrenches are mounted in the mast as taught by Magnuson for the purpose of having a backup wrench [Magnuson: ¶68].
Regarding claim 14. Shahid as modified teaches the HOBO wrench of claim 11, wherein the clamping jaw engage with a bushing of a tool bit that connects the tool bit to the plurality of rods [Fig 2; the wrench (50) can engage a bushing (48) of a tool bit (34) that connects the tool bit to the plurality of rods (32)].
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See Notice of References Cited, PTO form 892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AARON R MCCONNELL whose telephone number is (303)297-4608. The examiner can normally be reached Monday-Thursday 0700-1600 MST [0900-1800 EST] 2nd Friday 0700-1500 MST [0900-1700 EST].
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/AARON R MCCONNELL/Examiner, Art Unit 3723
/BRIAN D KELLER/Supervisory Patent Examiner, Art Unit 3723