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 .
Status of Claims
This office action is in reply to the Amendment filed on July 11, 2025. Claim 1 has been amended. Claims 9-16 have been added. Claims 2-8 have been cancelled. Claim interpretation previously made under 35 USC 112(f) is maintained. The previous 35 U.S.C. 102(a)(1) rejection has been overcome however a new rejection is represented herewith and is discussed in greater detail below. Claims 1 and 9-16 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, 9, 10 and 12-14 are Finally rejected under 35 U.S.C. 103 as being unpatentable over Su (TW I758042, citation included) in view of Chen (2016/0332285).
In reference to claim 1, Su discloses an anti-slip fastener driver (Figure 1) comprising:
a body (20);
a driving portion (30) defining a reference rotating axis (i.e. an axis extending vertically along the driver, not shown in Figure 1, but is shown at “L” in Figure 8) and a reference plane (31) perpendicular to the rotating axis, wherein the driving portion has a top end (again at 31) distal to the body in an axial direction of the rotating axis, wherein the top end is provided with a plurality of driving recesses (e.g. 33, 34, 35, 36, 37 and 38) and a plurality of corners (not labeled but the corners are easily seen within each recess, see Figure 1) respectively adjacent to the plurality of driving recesses, wherein the top end of the driving portion has an end surface (i.e. 31) substantially perpendicular to the rotating axis (because the rotation axis is vertical and the end surface 31 is horizontal), and wherein the plurality of driving recesses is recessed on the end surface to form a plurality of driving openings at an edge of the end surface and open upward (Figure 1); and
a neck portion (40) defining a first end (i.e. upper end of 40) connected to the driving portion and a second end (i.e. lower end of 40) connected to the body.
Su lacks,
forming the neck portion as a twisting portion, wherein a cross sectional area of the first end is less than a cross sectional area of the second end in a radial direction of the rotating axis, wherein the twisting portion has a polygonal cross sectional shape in the radial direction of the rotating axis, wherein the twisting portion is provided with a plurality of twisting surfaces formed around an outer periphery thereof about the rotating axis, and wherein each of the plurality of twisting surfaces extends in a twisted configuration.
However, Chen teach that it is old and well known in the art at the time the invention was made to provide a driver (70, Figure 16) with a neck portion (72) that is formed as a twisted neck portion (72), wherein the twisted neck portion defines a first end (i.e. right end thereof in the figure below) connected to a driving portion (see figure below) and a second end (i.e. left end thereof in the figure below) connected to a body (see figure below), wherein a cross sectional area of the first end is less than a cross sectional area of the second end in a radial direction of the rotating axis (see figure below), wherein the twisting portion has a polygonal cross sectional shape (paragraph 36) in the radial direction of the rotating axis, wherein the twisting portion is provided with a plurality of twisting surfaces (see three twisting surfaces below but note six surfaces are provided, paragraph 36) formed around an outer periphery thereof about the rotating axis, and wherein each of the plurality of twisting surfaces extends in a twisted configuration (Figure 16).
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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 neck portion, of Su, with the known technique of providing the twisted neck portion, as taught by Chen, and the results would have been predictable. In this situation, one could provide a more advantageous and versatile driver that does not abrade a hexagonal orifice of a normal screw bolt and removes an abraded screw bolt easily (see paragraph 1).
In reference to claim 9, Su discloses an anti-slip fastener driver (Figure 1) comprising:
a body (20);
a driving portion (30) defining a reference rotating axis (i.e. an axis extending vertically along the driver, not shown in Figure 1, but is shown at “L” in Figure 8) and a reference plane (31) perpendicular to the rotating axis, wherein the driving portion has a top end (again at 31) distal to the body in an axial direction of the rotating axis, wherein the top end is provided with a plurality of driving recesses (e.g. 33, 34, 35, 36, 37 and 38) and a plurality of corners (not labeled but the corners are easily seen within each recess, see Figure 1) respectively adjacent to the plurality of driving recesses, wherein the top end of the driving portion has an end surface (i.e. 31) substantially perpendicular to the rotating axis (because the rotation axis is vertical and the end surface 31 is horizontal), and wherein the plurality of driving recesses is recessed on the end surface to form a plurality of driving openings at an edge of the end surface and open upward (Figure 1); and
a neck portion (40) defining a first end (i.e. upper end of 40) connected to the driving portion and a second end (i.e. lower end of 40) connected to the body.
Su lacks,
forming the neck portion as a twisting portion, wherein the twisting portion has a polygonal cross-sectional shape perpendicular to the rotating axis, and includes a plurality of twisting surfaces formed around an outer periphery of the twisting portion,
wherein each of the twisting surfaces comprises:
a short side formed at a first end of the twisting portion;
a long side formed at a second end of the twisting portion; and
a projection line of the short side on the reference plane is not parallel to a projection line of the long side on the reference plane and corresponding to the short side,
whereby the twisting surfaces extend in a helically twisted configuration along the rotating axis to enhance torque transmission and anti-slip performance.
However, Chen teach that it is old and well known in the art at the time the invention was made to provide a driver (70, Figure 16) with a neck portion (72) that is formed as a twisted neck portion (72), wherein the twisted neck portion defines a first end (i.e. right end thereof in the figure below) connected to a driving portion (see figure below) and a second end (i.e. left end thereof in the figure below) connected to a body (see figure below), wherein the twisting portion has a polygonal cross sectional shape (paragraph 36) in the radial direction of the rotating axis, wherein the twisting portion is provided with a plurality of twisting surfaces (see three twisting surfaces below but note six surfaces are provided, paragraph 36) formed around an outer periphery thereof about the rotating axis; and
wherein each of the twisting surfaces comprises:
a short side formed at a first end of the twisting portion (see figure below);
a long side formed at a second end of the twisting portion (see figure below); and
a projection line (see bold line within the “Short side” bracket below) of the short side on the reference plane is not parallel (see figure below and Figure 16) to a projection line (see bold line within the “Long side” bracket below) of the long side on the reference plane and corresponding to the short side (see figure below),
whereby the twisting surfaces extend in a helically twisted configuration along the rotating axis to enhance torque transmission and anti-slip performance (Figure 16).
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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 neck portion, of Su, with the known technique of providing the twisted neck portion, as taught by Chen, and the results would have been predictable. In this situation, one could provide a more advantageous and versatile driver that does not abrade a hexagonal orifice of a normal screw bolt and removes an abraded screw bolt easily (see paragraph 1).
In reference to claim 10, Chen shows that each of the plurality of the twisting surfaces has a contour using a curved surface function (see figure below).
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In reference to claim 12, Chen shows that the twisting portion is provided with a plurality of twisting sides each formed between two adjacent of the plurality of twisting surfaces, wherein a number of the plurality of twisting sides is equal to a number of the plurality of twisting surfaces, and wherein each of the plurality of twisting sides is curved (see figure above).
In reference to claim 13, modified Su disclose the claimed invention as previously discussed above and further show that the projection line of one of the short sides on the reference plane and the projection line of one of the long sides corresponding to the short side on the reference plane form a twisting angle (Figure 16), but modified Su lack specifically disclosing that;
the twisting angle is greater than 20 degrees and less than 40 degrees.
However, the examiner notes that the applicant fails to provide any criticality in providing the range of the twisting angle is greater than 20 degrees and less than 40 degrees or that this particular range provides any Unexpected Result and where the general conditions of a claim are disclosed by the prior art discovering the optimum or workable ranges involves only routine optimization and experimentation to one of ordinary skill in the art. In re Aller, 105 USPQ, 233. In this situation, 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 twisting angle such that it is greater than 20 degrees and less than 40 degrees, 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 dimensions 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, modified Su discloses a substantially identical driver to that of applicant where the only difference is modified Su do not indicate the specific range of the twisting angle being greater than 20 degrees and less than 40 degrees. Modifying the twisting angle, of modified Su, such that it is greater than 20 degrees and less than 40 degrees, is well within the level of skill in the art, as further evidenced by Chen suggesting various misalignments angles (see paragraph 36) and it appears that the modification would not substantially change the operation of the Su device.
In reference to claim 14, Su discloses that the plurality of corners is arranged on an outer peripheral edge of the end surface in the radial direction of the rotating axis (see figure below).
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Claim 11, is Finally rejected under 35 U.S.C. 103 as being unpatentable over Su (TW I758042, citation included) in view of Chen (2016/0332285) and Kukucka et al. (2020/0039034).
In reference to claim 11, modified Su discloses the claimed invention as previously mentioned above, and Chen further shows that the twisting portion is provided with a plurality of twisting sides each formed between two adjacent of the plurality of twisting surfaces, wherein a number of the plurality of twisting sides is equal to a number of the plurality of twisting surfaces, but lacks,
each of the plurality of twisting sides is straight.
However, Kukucka et al. teach that it is old and well known in the art at the time the invention was made to provide a driver (Figure 1) having a neck portion including a plurality of straight twisting sides (see figure below).
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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 curved twisting sides, of Su, with the known technique of providing the straight twisting sides, as taught by Kukucka et al., and the results would have been predictable. In this situation, one could provide a more advantageous and versatile device which allows for efficient torque force application onto a socket fastener (see Abstract).
Allowable Subject Matter
Claims 15 and 16 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is an examiner's statement of reasons for allowance: The present invention pertains to a driver. It is the examiner's opinion that the art of record considered as a whole, alone or in combination, neither anticipates nor renders obvious of providing that; an outer periphery of the body in the radial direction of the rotating axis is provided with six second peripheral surfaces parallel to the rotating axis, wherein the plurality of twisting surfaces includes six twisting surfaces each having a top edge connected to the relative first peripheral surface and a bottom edge connected to the relative second peripheral surface, wherein the six second peripheral surfaces are planes and form a hexagon, wherein a second width is formed between two opposite surfaces of the six second peripheral surfaces, and wherein the second width is greater than the first width (as in claims 15 and 16), together in combination with the rest of the limitations of the independent claims.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
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
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action.
Specifically applicant further defined the top end of the driving portion and the twisting portion in claim 1 and added new claims 9-16.
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 ROBERT J SCRUGGS whose telephone number is (571)272-8682. The examiner can normally be reached M-F 6-2.
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/ROBERT J SCRUGGS/Primary Examiner, Art Unit 3723