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 Objections
Claim 1 is objected to because of the following informalities:
Claim 1, line 19, “a rotation of the locking barrel” should read --the rotation of the locking barrel-- (see “a rotation of the locking barrel” in line 15).
Appropriate correction is required.
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.
Claims 5-9 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 5 recites the limitation “the annular seat and the locking plate are placed in the first handle and are nonrotatable” which is indefinite. Because as shown in the figures and described in the specification the annular seat and the locking plate are located inside the first handle and are rotatable with the first handle. Examiner suggests amending claim 5 as below to overcome this rejection:--the annular seat and the locking plate are placed in the first handle and are nonrotatable relative to the first handle--.
Claim 6 recites the limitation “the column comprises an opening and is combined with one end of the locking block”. There is insufficient antecedent basis for this limitation in the claim. Because claim 1 recites “one end of the locking block is fixed on the second handle”. Also it is not clear if the same end of the locking block is claimed. Review of the specification and drawings reveal the same end is claimed. Therefore examiner suggests amending claim 6 or claims 1 and 6 as below to overcome this rejection:Option 1 (amending claim 6): --the column comprises an opening and is combined with the one end of the locking block”--.Preferred Option 2 (amending claims 1 and 6):Claim 1: --a first end of the locking block is fixed on the second handle, and a second end of the locking block is combined with the locking barrel--.Claim 6: --the first end of the locking block is fixed on the second handle--.
Claims 7-9 are rejected due to dependency on rejected claim 6.
Allowable Subject Matter
Claims 1-4 and 10 are allowed.
Claim 1 is allowed for disclosing “the spring is arranged in the first handle”. These limitations with other claimed limitations in a whole, make the instant invention neither anticipated nor rendered obvious by the best prior art in record.
The closest prior art to the claimed invention of claim 1 is Chen (US 8826782 B2).
Chen teaches (reproduced and annotated Figs. below) a hand tool, comprising: a first handle, comprising a first oblique face; a second handle, combined with the first handle, and comprising a second oblique face correspondingly attached to the first oblique face; a rotating locking set, comprising an annular seat (seat in witch pivot portion 32 is inserted into), a locking barrel (part inserted into cavity 23), and a locking block (engaging member 70), wherein the annular seat is arranged in the first handle, the locking barrel passes through the annular seat (see t) and is rotatable relative to the annular seat (compare Figs. 6 and 8); the locking barrel comprises an insertion hole (hole for insertion of spring 80) and at least one locking groove communicating with each other, one end of the locking block (70) is fixed on the second handle (by cross engagement and connected by spring 80), and another end of the locking block is combined with the locking barrel (locking block 70 is inside locking barrel); and a button set (button set comprises at least 40, 50 and 80), disposed on the first handle, and comprising a button (control member 40), a locking lever (pin 50), and a spring (elastic member 80), wherein the button is exposed from the first handle, the locking lever is connected with the button and extends to the insertion hole, the spring (80) is arranged in the second handle and elastically abuts against the locking lever (via 70), and the locking lever is elastically pushed by the spring to move from the insertion hole to the at least one locking groove to restrict a rotation of the locking barrel; wherein, the button is configured to press the spring under an external force and drive the locking lever to move out of the at least one locking groove to make the locking barrel be rotatable relative to the annular seat (compare position of 70 in Figs. 6 and 8), and an angle of the first handle relative to the second handle is changed through a rotation of the locking barrel (see Figs. 6 and 8).However spring is arranged in the second handle and not the first handle.
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Claims 2-4 and 10 are allowed due to dependency on allowed claim 1.
Claims 5-9 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
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MAHDI H. NEJAD
Examiner
Art Unit 3723
/MAHDI H NEJAD/Primary Examiner, Art Unit 3723