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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on December 10, 2025 has been entered.
Status of Claims
This office action is in reply to the request for continued examination filed on December 10, 2025. Claims 21-26 have been added. Claims 13-20 have been cancelled. Claim interpretation previously made under 35 USC 112(f) is maintained. The previous 35 U.S.C. 103 rejection has been updated and is discussed in greater detail below. Claims 1-12 and 21-26 are currently pending and have been fully examined.
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 1-12, 21-24, and 26 are rejected under 35 U.S.C. 103 as being unpatentable over Goehrig (EP 0549578, previously cited by applicant) in view of Goehrig (WO 9842934, citation included).
In reference to claim 1, Goehrig discloses a clamping tool comprising:
a lower jaw (see figure below);
a first component (22) comprising:
a first neck section (see figure below) extending from a first neck end (see figure below) to an opposing second neck end (see figure below), the lower jaw at the first neck end (Figure 1);
a first cross over section (see figure below) extending upwardly from a first cross over end (see figure below) to an opposing second cross over end (see figure below), the first neck section at the first cross over end (see figure below); and
a first grip section (28) extending from a first grip end (see figure below) to an opposing second grip end (see figure below), the first cross over section at the first grip end;
an upper jaw, wherein the upper jaw is on an opposite side of a longitudinal axis (i.e. at 12 in Figure 1) of the clamping tool from the lower jaw;
a second component (24) comprising;
a second neck section (see second figure below) extending from a first neck end (see second figure below) to an opposing second neck end (see second figure below), the upper jaw at the first neck end of the second component (Figure 1);
a second cross over section (see second figure below) extending downwardly from a first cross over end (see second figure below) to an opposing second cross over end (see second figure below), the second neck section at the first cross over end of the second component; and
a second grip section (see second figure below) extending from a first grip end (see second figure below) to an opposing second grip end (see second figure below), the second cross over section at the first grip end of the second component (Figure 1);
a pivot joint (18) pivotably coupling the first component to the second component at the location at which the first neck section extends from the lower jaw and the second neck section extends from the upper jaw (Figure 1), the first component and the second component pivoting with respect to each other about a rotational axis (i.e. rotation axis of 18) as the upper jaw and the lower jaw are moved between an open configuration in which the upper jaw and the lower jaw are spaced apart (Figure 1) and a closed configuration in which the upper jaw and the lower jaw contact each other (Figure 2);
a first distance (see third figure below) along the longitudinal axis between the rotational axis and the second neck end of the first neck section when the upper jaw and the lower jaw are in the closed configuration (see third figure below); and
a second distance (see third figure below) along the longitudinal axis between the second cross over end of the first grip section and a center point (see bold dot in third figure below) at which the first cross over section crosses over the second cross over section when the upper jaw and the lower jaw are in the closed configuration (see third figure below).
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The examiner notes that Goehrig appears to show the same relationship (i.e. having the second distance being less than 50% of the first distance) between the first and second distances (see figure above).
However, Goehrig does not specifically disclose that;
the second distance is less than 50% of the first distance.
However, Goehrig ‘934 teaches that it is old and well known in the art at the time the invention was made to provide a similar clamping tool (10, Figure 1) that can be “manufactured in different sizes” (see claim 7 and see claim 9 disclosing that a third largest dimension “J”, which corresponds to the first distance because it includes the portion extending “between the rotational axis and the second neck end of the first neck section” [as claimed] and which “can be produced in different lengths”) and shows various ranges of dimensions in the left column provided below. Note, the third largest dimension shown in Figure 1, corresponds to numeral “J” because it is also the third largest dimension show in Figure 1. Since, the ranges of the dimensions of the largest dimension (F), the second largest dimension (H, which corresponds to the second distance because the second distance is included within the length of “H” at an upper portion thereof [i.e. extending “between the second cross over end of the first grip section and a center point at which the first cross over section crosses over the second cross over section” as claimed]) and the third largest dimension (J, again which corresponds to the first distance) can all be varied or optimized (see left column below and claims 7 and 9), these dimensions are considered as being a result effective variable in that changing the dimensions of the device changes the performance (i.e. the ability to reach into various narrow spaces, see following portion of translation, “Starting from this prior art, the invention has for its object to provide a pair of binding pliers of the type mentioned, in which the disadvantages mentioned from the above-mentioned prior art are not present [i.e. “handling in narrow reinforcement cages or similar reinforcement arrangements is sometimes extremely difficult…” and “With such a pair of pliers, every construction site must be reached in the space occupied by the reinforcement”).
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Further, it appears that one of ordinary skill in the art would have had a reasonable expectation of success in modifying the Goehrig device to have; the second distance being less than 50% of the first distance, as it involves only adjusting the dimensions of a known component, as evidenced by Goehrig ‘934. Therefore, it would have been obvious to one having ordinary skill in the art at the time of the invention to modify the device of Goehrig with the second distance being less than 50% of the first distance, as a matter of routine optimization, since it has been held that “where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). In the instant case, the device of Goehrig would not operate differently with the claimed dimensions indicated above and since the device is used for clamping in narrow spaces (see “handling in narrow reinforcement cages… every construction site must be reached in the space occupied by the reinforcement”), the device would function appropriately having the claimed dimensions indicated above. Further, it appears that applicant places no criticality on the ranges claimed, indicating simply that the dimensions can also vary in different embodiments (see specification paragraph 40, “In various embodiments, the second distance 43 is less than 50% of the first distance 42, and more specifically second distance 43 is less than 25% of the first distance 42, or more specifically second distance 43 is equal to 20% of the first distance 42.”).
In reference to claim 2, Goehrig does not specifically disclose that;
the second distance is less than 25% of the first distance.
However, Goehrig ‘934 teaches that it is old and well known in the art at the time the invention was made to provide a similar clamping tool (10, Figure 1) that can be “manufactured in different sizes” (see claim 7 and see claim 9 disclosing that a third largest dimension “J”, which corresponds to the first distance because it includes the portion extending “between the rotational axis and the second neck end of the first neck section” [as claimed] and which “can be produced in different lengths”) and shows various ranges of dimensions in the left column previously provided above. Note, the third largest dimension shown in Figure 1, corresponds to numeral “J” because it is also the third largest dimension show in Figure 1. Since, the ranges of the dimensions of the largest dimension (F), the second largest dimension (H, which corresponds to the second distance because the second distance is included within the length of “H” at an upper portion thereof [i.e. extending “between the second cross over end of the first grip section and a center point at which the first cross over section crosses over the second cross over section” as claimed]) and the third largest dimension (J, again which corresponds to the first distance) can all be varied or optimized (see left column previously provided above and claims 7 and 9), these dimensions are considered as being a result effective variable in that changing the dimensions of the device changes the performance (i.e. the ability to reach into various narrow spaces, see following portion of translation, “Starting from this prior art, the invention has for its object to provide a pair of binding pliers of the type mentioned, in which the disadvantages mentioned from the above-mentioned prior art are not present [i.e. “handling in narrow reinforcement cages or similar reinforcement arrangements is sometimes extremely difficult…” and “With such a pair of pliers, every construction site must be reached in the space occupied by the reinforcement”).
Further, it appears that one of ordinary skill in the art would have had a reasonable expectation of success in modifying the Goehrig device to have; the second distance being less than 25% of the first distance, as it involves only adjusting the dimensions of a known component, as evidenced by Goehrig ‘934. Therefore, it would have been obvious to one having ordinary skill in the art at the time of the invention to modify the device of Goehrig with the second distance being less than 25% of the first distance, as a matter of routine optimization, since it has been held that “where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). In the instant case, the device of Goehrig would not operate differently with the claimed dimensions indicated above and since the device is used for clamping in narrow spaces (see “handling in narrow reinforcement cages… every construction site must be reached in the space occupied by the reinforcement”), the device would function appropriately having the claimed dimensions indicated above. Further, it appears that applicant places no criticality on the ranges claimed, indicating simply that the dimensions can also vary in different embodiments (see specification paragraph 40, “In various embodiments, the second distance 43 is less than 50% of the first distance 42, and more specifically second distance 43 is less than 25% of the first distance 42, or more specifically second distance 43 is equal to 20% of the first distance 42.”).
In reference to claims 3 and 7, Goehrig does not specifically disclose that;
a third distance that is the entire length of the clamping tool along the longitudinal axis when the upper jaw and the lower jaw are in the closed configuration, wherein the first distance is at least 25% of the third distance.
However, Goehrig ‘934 teaches that it is old and well known in the art at the time the invention was made to provide a similar clamping tool (10, Figure 1) that can be “manufactured in different sizes” (see claim 7 and see claim 9 disclosing that a third largest dimension “J”, which corresponds to the first distance because it includes the portion extending “between the rotational axis and the second neck end of the first neck section” [as claimed] and which “can be produced in different lengths”), a third distance (F) that is the entire length of the clamping tool along the longitudinal axis when the upper jaw and the lower jaw are in the closed configuration (Figure 1) and shows various ranges of dimensions in the left column previously provided above. Note, the third largest dimension shown in Figure 1, corresponds to numeral “J” because it is also the third largest dimension show in Figure 1. Since, the ranges of the dimensions of the largest dimension (F, which corresponds to the third distance because it is the entire length of the clamping tool [as claimed]), the second largest dimension (H, which corresponds to the second distance because the second distance is included within the length of “H” at an upper portion thereof [i.e. extending “between the second cross over end of the first grip section and a center point at which the first cross over section crosses over the second cross over section” as claimed]) and the third largest dimension (J, again which corresponds to the first distance) can all be varied or optimized (see left column previously provided above and claims 7 and 9), these dimensions are considered as being a result effective variable in that changing the dimensions of the device changes the performance (i.e. the ability to reach into various narrow spaces, see following portion of translation, “Starting from this prior art, the invention has for its object to provide a pair of binding pliers of the type mentioned, in which the disadvantages mentioned from the above-mentioned prior art are not present [i.e. “handling in narrow reinforcement cages or similar reinforcement arrangements is sometimes extremely difficult…” and “With such a pair of pliers, every construction site must be reached in the space occupied by the reinforcement”).
Further, it appears that one of ordinary skill in the art would have had a reasonable expectation of success in modifying the Goehrig device to have; the first distance to be at least 25% of the third distance, as it involves only adjusting the dimensions of a known component, as evidenced by Goehrig ‘934. Therefore, it would have been obvious to one having ordinary skill in the art at the time of the invention to modify the device of Goehrig with the first distance to be at least 25% of the third distance, as a matter of routine optimization, since it has been held that “where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). In the instant case, the device of Goehrig would not operate differently with the claimed dimensions indicated above and since the device is used for clamping in narrow spaces (see “handling in narrow reinforcement cages… every construction site must be reached in the space occupied by the reinforcement”), the device would function appropriately having the claimed dimensions indicated above. Further, it appears that applicant places no criticality on the ranges claimed, indicating simply that the dimensions can also vary in different embodiments (see specification paragraph 41, “the first distance 42 is at least 25% of the third distance 44.”).
In reference to claims 4 and 5, Goehrig discloses the claimed invention as previously discussed above, but lacks specifically disclosing;
a fourth distance between the first grip end of the first grip section and the second grip end of the first grip section along the longitudinal axis when the upper jaw and the lower jaw are in the closed configuration, and a fifth distance between the first cross over end of the first grip section and the second cross over end of the first grip section along the longitudinal axis when the upper jaw and the lower jaw are in the closed configuration, wherein the first distance is at least 50% of the sum of the fourth distance plus the fifth distance.
However, Goehrig ‘934 teaches that it is old and well known in the art at the time the invention was made to provide a similar clamping tool (10, Figure 1) that can be “manufactured in different sizes” (see claim 7 and see claim 9 disclosing that a third largest dimension “J”, which corresponds to the first distance because it includes the portion extending “between the rotational axis and the second neck end of the first neck section” [as claimed] and which “can be produced in different lengths”), a fourth distance (within H, because it includes the portion extending, “between the first grip end of the first grip section and the second grip end of the first grip section along the longitudinal axis when the upper jaw and the lower jaw are in the closed configuration [as claimed]) and a fifth distance (also within H, because it includes the portion extending, “between the first cross over end of the first grip section and the second cross over end of the first grip section along the longitudinal axis when the upper jaw and the lower jaw are in the closed configuration” [as claimed]) and shows various ranges of dimensions in the left column previously provided above. Note, the third largest dimension shown in Figure 1, corresponds to numeral “J” because it is also the third largest dimension show in Figure 1. Since, the ranges of the dimensions of the largest dimension (F), the second largest dimension (H, which corresponds to the fourth and fifth distances because they are included therein) and the third largest dimension (J, again which corresponds to the first distance) can all be varied or optimized (see left column previously provided above and claims 7 and 9), these dimensions are considered as being a result effective variable in that changing the dimensions of the device changes the performance (i.e. the ability to reach into various narrow spaces, see following portion of translation, “Starting from this prior art, the invention has for its object to provide a pair of binding pliers of the type mentioned, in which the disadvantages mentioned from the above-mentioned prior art are not present [i.e. “handling in narrow reinforcement cages or similar reinforcement arrangements is sometimes extremely difficult…” and “With such a pair of pliers, every construction site must be reached in the space occupied by the reinforcement”).
Further, it appears that one of ordinary skill in the art would have had a reasonable expectation of success in modifying the Goehrig device to have; wherein the first distance is at least 50% of the sum of the fourth distance plus the fifth distance, as it involves only adjusting the dimensions of a known component, as evidenced by Goehrig ‘934. Therefore, it would have been obvious to one having ordinary skill in the art at the time of the invention to modify the device of Goehrig with first distance is at least 50% of the sum of the fourth distance plus the fifth distance, as a matter of routine optimization, since it has been held that “where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). In the instant case, the device of Goehrig would not operate differently with the claimed dimensions indicated above and since the device is used for clamping in narrow spaces (see “handling in narrow reinforcement cages… every construction site must be reached in the space occupied by the reinforcement”), the device would function appropriately having the claimed dimensions indicated above. Further, it appears that applicant places no criticality on the ranges claimed, indicating simply that the dimensions can also vary in different embodiments (see specification paragraph 43 disclosing, “In various embodiments, the first distance 42 is at least 50% of the sum of the fourth distance 38 plus the fifth distance 45”).
In reference to claim 6, Goehrig discloses the claimed invention as previously discussed above, but lacks specifically disclosing;
a fourth distance between the first grip end of the first grip section and the second grip end of the first grip section along the longitudinal axis when the upper jaw and the lower jaw are in the closed configuration, wherein the second distance is less than 25% of the fourth distance.
However, Goehrig ‘934 teaches that it is old and well known in the art at the time the invention was made to provide a similar clamping tool (10, Figure 1) that can be “manufactured in different sizes” (see claim 7 and see claim 9 disclosing that a third largest dimension “J”, which corresponds to the first distance because it includes the portion extending “between the rotational axis and the second neck end of the first neck section” [as claimed] and which “can be produced in different lengths”), a fourth distance (within H, because it includes the portion extending, “between the first grip end of the first grip section and the second grip end of the first grip section along the longitudinal axis when the upper jaw and the lower jaw are in the closed configuration [as claimed]) and shows various ranges of dimensions in the left column previously provided above. Note, the third largest dimension shown in Figure 1, corresponds to numeral “J” because it is also the third largest dimension show in Figure 1. Since, the ranges of the dimensions of the largest dimension (F), the second largest dimension (H, which corresponds to the fourth distance [i.e. from the distance of H extending between the bottom of the pliers to element 26, in Figure 1] and also corresponds to the second distance [i.e. from the distance of H extending between element 26 and the upper portion of H, in Figure 1]) and the third largest dimension (J, again which corresponds to the first distance) can all be varied or optimized (see left column previously provided above and claims 7 and 9), these dimensions are considered as being a result effective variable in that changing the dimensions of the device changes the performance (i.e. the ability to reach into various narrow spaces, see following portion of translation, “Starting from this prior art, the invention has for its object to provide a pair of binding pliers of the type mentioned, in which the disadvantages mentioned from the above-mentioned prior art are not present [i.e. “handling in narrow reinforcement cages or similar reinforcement arrangements is sometimes extremely difficult…” and “With such a pair of pliers, every construction site must be reached in the space occupied by the reinforcement”).
Further, it appears that one of ordinary skill in the art would have had a reasonable expectation of success in modifying the Goehrig device to have; wherein the second distance is less than 25% of the fourth distance, as it involves only adjusting the dimensions of a known component, as evidenced by Goehrig ‘934. Therefore, it would have been obvious to one having ordinary skill in the art at the time of the invention to modify the device of Goehrig with the second distance being less than 25% of the fourth distance, as a matter of routine optimization, since it has been held that “where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). In the instant case, the device of Goehrig would not operate differently with the claimed dimensions indicated above and since the device is used for clamping in narrow spaces (see “handling in narrow reinforcement cages… every construction site must be reached in the space occupied by the reinforcement”), the device would function appropriately having the claimed dimensions indicated above. Further, it appears that applicant places no criticality on the ranges claimed, indicating simply that the dimensions can also vary in different embodiments (see specification paragraph 43 disclosing, “In various embodiments, second distance 43 is less than 25% of the fourth distance 38.”).
In reference to claim 8, Goehrig discloses that when the upper jaw and the lower jaw are in the closed configuration, the first neck section extends downwardly from the lower jaw at an angle relative to the longitudinal axis (see figure below).
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Goehrig does not specifically disclose that;
the angle is less than 10 degrees relative to the longitudinal axis.
However, there is no evidence of record that establishes that changing the angle of the first neck section to be less than 10 degrees relative to the longitudinal axis would result in a difference in function of the Goehrig device. Further, a person having ordinary skill in the art, being faced with modifying the angle of the first neck section of Goehrig, would have a reasonable expectation of success in making such a modification and it appears the device would function as intended (operating in narrow spaces) being given the claimed angles. Lastly, applicant has not disclosed that the claimed range solves any stated problem, indicating that the angle can be varied, “In various embodiments, angle A is less than 45 degrees with respect to longitudinal axis 25, and more specifically is less than 30 degrees, and even more specifically is less than 10 degrees.” (see paragraph 29) and therefore there appears to be no criticality placed on the range as claimed such that it produces an unexpected result.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the angle of the first neck section relative to the longitudinal axis of Goehrig to have an angle to be less than 10 degrees, as an obvious matter of design choice within the skill of the art.
In reference to claims 9 and 10, Goehrig discloses that when the upper jaw and the lower jaw are in the closed configuration, the first cross over section extends upwardly from the first neck section at an angle relative to the longitudinal axis (see figure below).
[AltContent: arc][AltContent: arrow][AltContent: textbox (Angle)][AltContent: textbox (Longitudinal Axis)][AltContent: arrow]
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Goehrig does not specifically disclose that;
the angle is less than 60 degrees relative to the longitudinal axis.
However, there is no evidence of record that establishes that changing the first cross over section such that it extends upwardly from the first neck section at an angle less than 60 degrees relative to the longitudinal axis, would result in a difference in function of the Goehrig device. Further, a person having ordinary skill in the art, being faced with modifying the angle of the first cross over section of Goehrig, would have a reasonable expectation of success in making such a modification and it appears the device would function as intended (operating in narrow spaces) being given the claimed angles. Lastly, applicant has not disclosed that the claimed range solves any stated problem, indicating that the angle can be varied, “In various embodiments, angle B is less than 60 degrees with respect to the longitudinal axis 25, and more specifically is less than 50 degrees. In various embodiments, angle B is between 35 degrees 55 degrees, and more specifically is 45 degrees.” (see paragraph 30) and therefore there appears to be no criticality placed on the range as claimed such that it produces an unexpected result.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the angle of the cross over section relative to the longitudinal axis, of Goehrig to have an angle less than 60 degrees, as an obvious matter of design choice within the skill of the art.
In reference to claim 11, Goehrig discloses that when the upper jaw and the lower jaw are in the closed configuration, the first neck section extends downwardly from the lower jaw at a first angle relative to the longitudinal axis and the first cross over section extends upwardly from the first neck section at a second angle relative to the longitudinal axis, and wherein the first angle is less than the second angle (depending on where the first angle is taken because the first angle becomes smaller as it moves leftward, see figure below).
[AltContent: arc][AltContent: textbox (First angle)][AltContent: arrow][AltContent: textbox (Second angle)][AltContent: arc][AltContent: arrow][AltContent: textbox (Longitudinal Axis)][AltContent: arrow]
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In reference to claim 12, Goehrig does not specifically disclose that;
the first angle is less than half the second angle.
However, there is no evidence of record that establishes that changing the first angle such that it is less than half the second angle, would result in a difference in function of the Goehrig device. Further, a person having ordinary skill in the art, being faced with modifying the first angle of Goehrig, would have a reasonable expectation of success in making such a modification and it appears the device would function as intended (operating in narrow spaces) being given the claimed angles. Lastly, applicant has not disclosed that the claimed range solves any stated problem, indicating that the angle can be varied, “In various embodiments, angle A is less than the angle B, and more specifically angle A is less than half of angle B.” (see paragraph 30) and therefore there appears to be no criticality placed on the range as claimed such that it produces an unexpected result.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the first angle, of Goehrig such that it is less than half the second angle, as an obvious matter of design choice within the skill of the art.
In reference to claims 21 and 26, Goehrig as modified by Goehrig ‘934 disclose the claimed invention as previously discussed above with respect to claim 1 and Goehrig further discloses that the longitudinal axis (see broken line 12) runs from distal ends of the upper jaw and lower jaw to distal ends of the first grip end and opposing grip end (Figure 2); wherein, when the upper jaw and the lower jaw are in the closed configuration, the first cross over end of the first cross over section, the opposing second neck end, the first neck section, the first neck end; and the lower jaw are on a first side (i.e. left side as shown in Figure 2) of the longitudinal axis (Figure 2); and wherein, when the upper jaw and the lower jaw are in the closed configuration, the first cross over end of the second cross over section, the opposing second neck end, the second neck section, the second neck end, and the upper jaw are on a second side (i.e. left side as shown in Figure 2) of the longitudinal axis (Figure 2).
In reference to claim 22, Goehrig discloses that when the upper jaw and the lower jaw are in the open configuration (Figure 1), a distance between distal ends of the upper and lower jaw is equal to a distance between the first cross over section and second cross over section at the location where the first cross over section extends from the first neck section and where the second cross over section extends from the second neck section, depending on how much the tool is opened.
Additionally, there is no evidence of record that establishes that changing a distance between distal ends of the upper and lower jaw to be equal to a distance between the first cross over section and second cross over section at the location where the first cross over section extends from the first neck section and where the second cross over section extends from the second neck section, would result in a difference in function of the Goehrig device. Further, a person having ordinary skill in the art, being faced with modifying the distance between distal ends of the upper and lower jaw of Goehrig, would have a reasonable expectation of success in making such a modification and it appears the device would function as intended (operating in narrow spaces) being given the claimed distance. Lastly, applicant has not disclosed that the claimed range solves any stated problem, indicating that the angle can be varied, “the distance 556 between the distal ends of the jaws 530, 536 is approximately 2 inches (see paragraph 51) and therefore there appears to be no criticality placed on the range as claimed such that it produces an unexpected result.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the distance between distal ends of the upper and lower jaw, of Goehrig to be equal to a distance between the first cross over section and second cross over section at the location where the first cross over section extends from the first neck section and where the second cross over section extends from the second neck section, as an obvious matter of design choice within the skill of the art.
In reference to claim 23, Goehrig discloses that the first component and second component do not form a mechanical connection to one another at the first cross over section and second cross over section (Figures 1 and 2).
In reference to claim 24, Goehrig discloses that the pivot joint is the only pivot joint coupling the first component and the second component (Figures 1 and 2).
Claim 25, is rejected under 35 U.S.C. 103 as being unpatentable over Goehrig (EP 0549578, previously cited by applicant) in view of Goehrig (WO 9842934, citation included) and Goldmann, II (6024000).
In reference to claim 25, Goehrig discloses the claimed invention as previously mentioned above, but lacks,
the clamping tool being formed, at least in part, of forged steel.
However, Goldmann, II teaches that it is old and well known in the art at the time the invention was made to form handles of pliers (Figure 1) from forged steel (Column 1, Lines 62-63).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to modify the material of the handles, of Goehrig, with the known technique of forming handles of pliers (Figure 1) from forged steel, as taught by Goldmann II, and the results would have been predictable. In this situation, one could provide a more advantageous and versatile device that is stronger or more durable and/or that provides a cost-effective solution to premature wearing down of such a tool (Column 1, Lines 27-29).
Response to Arguments
Applicant’s arguments with respect to claims have been considered but are moot because the new ground of rejection does not rely on any reference as previously applied in the prior rejection of record for any teaching or matter as specifically challenged in the argument.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT J SCRUGGS whose telephone number is (571)272-8682. The examiner can normally be reached M-F 6-2.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Posigian can be reached at 313-446-6546. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ROBERT J SCRUGGS/Primary Examiner, Art Unit 3723