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 .
Specification
The abstract of the disclosure is objected to because the abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words. Abstract submitted is only 43 words. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
The disclosure is objected to because of the following informalities:
In paragraph [0002], line 5, “services” should read “servicing”
In paragraph [0003], line 2, “providing a an extension” should read “providing an extension”
Appropriate correction is required.
Claim Objections
Claim 5 is objected to because of the following informalities:
Line 1 recites “a multi-use hammer and extension pole”, where extension pole is missing an article. Consider -- a multi-use hammer and an- extension pole --.
Line 14 recites “engage with a multi-use hammer;”, however, a hammer has been previously recited. Consider -- engage with said multi-use hammer; --.
Line 17 recites “engagement hook”, where engagement hook is missing an article. Consider -- an engagement hook --.
Line 32 recites “a multi-use hammer comprising:”, however, a hammer has been previously recited. Consider -- said multi-use hammer comprising: --
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.
Claim 5 is 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 "said handle" in line 25. There is insufficient antecedent basis for this limitation in the claim. It is unclear whether “said handle” refers to the handle of the extension pole (“a handle; wherein said handle…”, claim 5, line 6) or to the handle of the hammer (“a handle of said multi-use hammer…”, claim 5, line 25). In the interest of compact prosecution and for purposes of this Office action, “said handle” will be interpreted in claim 5, line 25 as the handle of the multi-use hammer.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 1 is rejected under 35 U.S.C. 103 as being unpatentable over Keast, et al. (US 20190084141 A1) in view of Eagan, et al. (US 1596602 A).
Regarding claim 1, Keast discloses a multi-use hammer (element 1; fig. 1) comprising:
an elongated shaft (element 2; fig. 1) including:
a proximal end (see annotated fig. 1 below); and
a distal end (see annotated fig. 1);
an elongated handle (element 8; fig. 1) including:
a proximal end (see annotated fig. 1); and
a distal end (see annotated fig. 1);
wherein said proximal end of said elongated handle is attached to said distal end of said elongated shaft (see annotated fig. 1);
an engagement ring (element 40; fig. 1);
wherein said engagement ring is attached to said distal end of said elongated handle (see annotated fig. 1), and is adapted to releasably engaging with an extension pole (The examiner indicates that the extension pole and associated structure has not been positively recited as part of the claimed invention. Given that Keast discloses an engagement ring (element 40) and given that there is no additional structural or structural difference, one of ordinary skill in the art would understand that depending on the particular geometry of the extension pole, Keast has an engagement ring capable of releasably engaging with an extension pole, as recited.); and
a head (element 4; fig. 1) including:
a striking portion (element 6; fig. 1);
wherein said striking portion is adapted to strike the head of a nail (Given that Keast discloses a striking portion (element 6), one of ordinary skill in the art would understand that Keast has a striking portion capable of striking the head of a nail, as recited. Specifically, Keast teaches that “the multi tool 1 can be held by the handle 8 and the face 6 used to strike blows” (pp. [0050]).);
a claw (element P, 10; fig. 1);
wherein said claw is adapted to engage and remove nails from a wooden pole (Keast teaches that “the spike 10 may be inserted beneath a head of an embedded tent peg, and the handle 8 used to lever the tent peg out of the ground” (pp. [0052]). Additionally, one of ordinary skill in the art would understand that Keast has a spike capable of engaging and removing nails from a wooden pole, as recited.); and
wherein said head is attached to said proximal end of said elongated shaft (see annotated fig. 1);
wherein said multi-use hammer is adapted to drive nails into a wooden pole; remove nails from a wooden pole (Given that Keast discloses a striking portion (element 6) and claw (element P, 10) and given that there is no additional structural or structural difference, one of ordinary skill in the art would understand that Keast has a multi-use hammer capable of driving nails into a wooden pole and removing nails from a wooden pole).
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Keast discloses a wrench (element 12) for wrenching on objects. However, Keast does not explicitly teach a multi-use hammer comprising:
a head including:
a rectangular cavity;
wherein said rectangular cavity is adapted to engage with a rectangular end portion of a lag bolt to rotate said lag bolt;
wherein said multi-use hammer is adapted to engage and rotate lag bolts to thereby insert or remove said lag bolts from a wooden pole
Eagan teaches a combination tool (line 1-8; fig. 1) comprising:
a head including (elements 1,3; fig. 1):
a rectangular cavity (element 5; fig. 1);
wherein said rectangular cavity is adapted to engage with a rectangular end portion of a lag bolt to rotate said lag bolt (line 50-53, 73-78)
Eagan teaches a “head (that) is provided in its right face with a recess or opening 5 to engage a tap or machine bolt head” (line 50-53). Furthermore, there are provided “(v)arious sized rectangular recessed openings 8, 9, and 10… adapted for engagement with… bolt heads or nuts… wherein the tool itself functions as a wrench” (line 73-78).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Keast to incorporate the teachings of Eagan to provide a hammer with a head having a rectangular cavity adapted to engage with a rectangular end portion of a lag bolt to rotate said lag bolt, as described above. One of ordinary skill in the art would understand the increased functionality the combination tool would offer in the form of reducing the number of individual tools required to be carried. Eagan teaches that “(the) object of the invention is to provide a combination tool which is particularly adapted for use by various craftsmen requiring a number of tools, so that it will not be necessary to carry about the usual number of separate tools” (line 9-15).
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Keast in view of Eagan, as applied to claim 1, and further in view of Peters (US 7013516 B1).
Regarding claim 2, Keast modified teaches all the limitations of claim 1, but fails to teach:
wherein said elongated shaft further includes a cavity to store nails and staples therein.
Peters teaches a multi-use hammer (element 100, fig. 1) comprising:
a head (element 102, fig. 1) including:
an elongated shaft (element 112, fig. 1),
wherein said elongated shaft further includes a cavity (element 116, fig. 2) to store nails and staples (element 212, fig. 2) therein.
Peters teaches a “hammer having a… storage compartment adapted to… hold tools, supplies, and the like” (Col. 1, line 28-32). Specifically, this storage cavity “comprises at least one storage container for storing nails, tacks, and the like” (Col. 1, line 57-59).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have further modified Keast modified to incorporate the teachings of Peters to provide a hammer with an elongated shaft wherein said elongated shaft further includes a cavity to store nails and staples therein. Peters teaches that the benefit of improved convenience of an integral supply holding compartment on a hammer would be readily apparent to one of ordinary skill in the art (Col. 2, line 30-35).
Claims 3 & 4 are rejected under 35 U.S.C. 103 as being unpatentable over Keast in view of Eagan, as applied to claim 1, and in further view of Browning (US 2018/0085911 A1).
Regarding claim 3, Keast modified teaches all the limitations of claim 1, but fails to teach:
said handle further includes spaced elongated ridges thereon adapted to engage elongated grooves of an extension pole to thereby prevent rotation of said multi-use hammer when engaged with said extension pole.
Browning teaches a hand tool (element 100, fig. 1) comprising a head (element 90, fig. 1), an elongated shaft (element 112, fig. 1), and an elongated handle or pole (element 11 & 32, fig. 1), which can be linearly extended while preventing rotation between the shaft and the handle.
Regarding the recitation of the limitation:
said handle further includes spaced elongated ridges thereon adapted to engage elongated grooves of an extension pole to thereby prevent rotation of said multi-use hammer when engaged with said extension pole
Browning teaches “collar 32 may be rotationally coupled with the shaft 12 so that rotation of one causes rotation of the other” (pp. [0049]). Necessarily, where the members are rotationally coupled, the members are prevented from rotating relative to one another. Further, Browning teaches “the shaft body 31 may comprise one or more shaft contact surfaces 34 which may be moved longitudinally across one or more collar contact surfaces 36 of the collar 32” (pp. [0049]). The ridges formed at the corners of the shaft contact surfaces (element 34) permit the rotational coupling and longitudinal movement relative to the grooves formed at the corners of the collar contact surfaces (element 36).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have further modified Keast modified to incorporate the teachings of Browning to provide the handle of the multi-use hammer with spaced elongated ridges thereon adapted to engage elongated grooves of an extension pole to thereby prevent rotation of said multi-use hammer when engaged with said extension pole. Browning teaches that a non-rotating, extendable tool head “enhances both safety and productivity” (pp. [0003]). One of ordinary skill in the art would understand applying the benefit offered by Browning in the improvement in functionality in having an extendable, non-rotating coupling between a tool shaft and handle. Further, one of ordinary skill in the art would understand to modify the elongated ridges of the multi-use hammer of Keast modified (see annotated Fig. 1 below) to permit for the longitudinal movement and insertion of the hammer handle into the attachment portion of an extension pole. One of ordinary skill in the art would understand that this modification to Keast modified could be accomplished without removing the functionality of the handle slot of Keast modified.
Regarding claim 4, Keast modified teaches all the limitations of claim 1, but fails to teach:
the elongated shaft, elongated handle, and head are formed from a material chosen from a list of materials consisting of hardened steel, aluminum, and fiberglass.
Browning further teaches a telescoping handle device (element 100, fig. 1) comprising:
an elongated handle (element 11, fig. 1); and
a head (element 90, fig. 1);
wherein said elongated shaft, said elongated handle, and said head are formed from a material chosen from a list of materials consisting of hardened steel, aluminum, and fiberglass.
Browning teaches that the shaft, handle and head of the combination tool “may be made from or comprise steel alloys… aluminum or aluminum alloys… any other type of metal or metal alloy… (or) fiberglass” among many other material selections (pp. [0030] & [0041]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have further modified Keast modified to incorporate the teachings of Browning to provide a hammer with the choice of construction materials of Browning. It would have been obvious to one of ordinary skill in the art that these materials are effective for the construction of a hammer shaft, handle and head. As Browning teaches, it would be desirable to have a “material that (is) substantially rigid” (pp. [0030]).
Claims 5 & 7 are rejected under 35 U.S.C. 103 as being unpatentable over Broadbooks (US 2352686 A) in view of Franzini (US 5785229 A), Keast, Browning, and Eagan.
Regarding claim 5, Broadbooks discloses a combination of a wire clamp tool (element 21, fig. 1) and an extension pole (element 20, fig. 1) comprising:
an extension pole comprising:
a hollow interior (element 49, fig. 2; p. 2, col. 1, line 60-67);
a proximal end (element 52, fig. 1; p. 2, col. 2, line 4-11); and
a distal end (element 71, fig. 1; p. 3, col. 1, line 15-18);
a handle (element 70, fig. 1; p.3, col. 1, line 15-18);
wherein said handle is movably attached to said distal end of said extension pole (fig. 9-11; p. 4, col. 1, line 21-28);
an attachment portion (element 51, fig. 2; p. 2, col. 2, line 16-19) including:
a hollow interior (element 51,60, fig. 2; p. 2, col. 2, line 50-54);
an interior surface (element 51,58-59, fig. 2; p. 2, col. 2, line 30-39) including:
an attachment mechanism (element 63-66, fig. 2; p. 3, col. 1, line 4-9) including:
an engagement hook (element 63, fig. 2; p. 2, col. 2, line 50-54);
an elongated rod (element 50, fig. 2; p. 2, col. 1, line 60-67);
wherein said elongated rod is located within said hollow interior of said hollow extension pole (p. 2, col. 1, line 60-67) and adapted to move linearly therein (p. 3, col. 1, line 44-69), and is connected between said engagement hook and said handle (p. 3, col. 1, line 44-53);
wherein when in use, said handle of said extension pole is pushed toward said distal end of said extension pole thereby forcing said engagement hook outwardly from said proximal end of said extension pole (p. 3, col. 2, line 9-17);
then said handle of said extension pole is pulled away from said distal end of said extension pole thereby drawing said engagement hook back within said proximal end of said extension pole for storage thereof (Given that Broadbooks discloses “the spring 85 surrounds the rod 50 and urges the sleeve 70 and the rod which carries it downward in the bore 49 of the pole 48. Thus, the hook 63 is constantly pulled inward by the spring 85” (p. 3, col. 1, line 67-74). Therefore, one of ordinary skill in the art would understand that, in operating the extension pole of Broadbooks, when the handle is pulled away from the pole body, wherein the hook and rod are fixedly attached to the handle, the engagement hook is drawn back within the proximal end of the extension pole (p. 3, col. 2, line 14-25). Further, Broadbooks discloses a spring, which exerts a constant force to draw the engagement hook into the proximal end of the extension pole, as previously described, which also acts to store the engagement hook when the pole is not in use.)
Broadbooks further discloses the wire clamp tool (element 21, fig. 1) having a shank or handle (element 36, fig. 2), a lug (element 38, fig. 2) and a ring (element 37, fig. 2). Broadbooks discloses:
wherein said attachment portion is attached to said proximal end of said extension pole and is adapted to releasably engage with the wire clamp tool (p. 2, col. 2, line 55-65; p. 3, col. 1, line 67-75; p. 3, col. 2, line 1-8); and
wherein said engagement hook is adapted to releasably engage an engagement ring of the wire clamp tool (p. 2, col. 2, line 55-65; p. 3, col. 1, line 67-75; p. 3, col. 2, line 1-8);
wherein said attachment mechanism is adapted to releasably attach to the shank of the wire clamp tool and pull the shank of the wire clamp tool within said hollow interior of said extension pole in order to secure the wire clamp tool to said extension pole for use therewith (p. 2, col. 2, line 55-65), and in reverse, said attachment mechanism is further adapted to push the wire clamp tool out from said interior of said extension pole for disengagement therefrom (p. 3, col. 2, line 9-25; p. 4, col. 1, line 41-45);
wherein said extension pole is adapted to manipulate the wire clamp tool when in use (p. 1, col. 1, line 6-12);
and the wire clamp tool (element 21, fig. 1) comprising:
the elongated shank (element 36, fig. 2) including:
the lug (element 38, fig. 2) thereon adapted to engage with said spaced elongated grooves of said extension pole to thereby prevent rotation of the wire clamp tool when engaged with said extension pole (p. 2, col. 1, line 25-46; p. 2, col. 2, line 16-29);
an engagement ring;
wherein said engagement ring is attached to said distal end of the elongated shank, and is adapted to releasably engage with said engagement hook of said attachment mechanism of said extension pole (p. 1, col. 1, line 6-12; p. 2, col. 2, line 55-65; p. 3, col. 1, line 67-74; p. 3, col. 2, line 1-8);
then the wire clamp tool is removably attached to said engagement hook via said engagement ring (p. 2, col. 2, line 55-65); then said handle of said extension pole is pulled away from said distal end of said extension pole thereby drawing the shank of the wire clamp tool into said attachment portion of said extension pole (As previously described, one of ordinary skill in the art would understand that, in operating the extension pole of Broadbooks, when the handle is pulled away from the pole body, or in combination with the force exerted by the spring, wherein the hook and rod are fixedly attached to the handle, the engagement hook is drawn back within the proximal end of the extension pole (p. 3, col. 1, line 67-74; col. 2, line 14-25). Further, Broadbooks discloses that “the hook tends to grasp any object to which it is applied and to draw that object into the clamp stick head 51 or against the end surfaces of the clamp stick head” (p. 2, col. 1, line 25-38; col. 2, line 16-29; line 55-65; p. 3, col. 1, line 67-74); wherein the lug of the shank of the wire clamp tool engages with said spaced elongated grooves of said extension pole to thereby prevent rotation of the wire clamp tool when in use (p. 2, col. 1, line 25-38; col. 2, line 16-29; line 55-65; p. 3, col. 1, line 67-74; col. 2, line 14-25); and in reverse, and after use, said handle of said extension pole is pushed toward said distal end of said extension pole thereby forcing said engagement hook and the wire clamp tool outwardly from said proximal end of said extension pole (p. 3, col. 2, line 9-25; p. 4, col. 1, line 41-45); then the wire clamp tool is removed from said engagement hook (p. 3, col. 2, line 9-25; p. 4, col. 1, line 41-45);
Broadbooks further discloses that “(various) types of tools having a shank of appropriate size may also be grasped by the clamp stick and held in the grooves 61, 62” (p. 4, col. 2, line 49-52), and that “the oval opening of the attachment portion is adapted to receive various sizes of eyes of the eye screws carried by hot wire clamps or other equipment used on high voltage transmission lines, and… there is ample room… to receive even larger eyes than that illustrated on the clamp 21” (p. 2, col. 2, line 66-73). One of ordinary skill in the art would understand that the suggested various tools would include hand tools commonly used by lineman which have been adapted for use on an extension pole.
Broadbooks discloses the functional relationship between the extension pole and various tools and specifically discloses the aforementioned limitations in light of a wire clamp tool. Broadbooks teaches the attachment, engagement, use and disengagement of the wire clamp tool to the extension pole. However, Broadbooks fails to explicitly disclose or teach the use of the extension pole in combination with a mutli-use hammer in the limitations, as recited.
Broadbooks further fails to disclose:
and a multi-use hammer comprising:
an elongated shaft including:
a proximal end; and
a distal end;
an elongated handle including:
a proximal end; and
a distal end;
wherein said proximal end of said elongated handle is attached to said distal end of said elongated shaft;
spaced elongated ridges thereon adapted to engage with said spaced elongated grooves of said extension pole to thereby prevent rotation of said multi-use hammer when engaged with said extension pole;
an engagement ring;
wherein said engagement ring is attached to said distal end of said elongated handle, and is adapted to releasably engage with said engagement hook of said attachment mechanism of said extension pole;
and a head including:
a striking portion;
wherein said striking portion is adapted to strike the head of a nail;
a claw;
wherein said claw is adapted to engage and remove nails from a wooden pole; and
a rectangular cavity;
wherein said rectangular cavity is adapted to engage with a rectangular end portion of a lag bolt to rotate said lag bolt;
wherein said head is attached to said proximal end of said elongated shaft;
wherein said multi-use hammer is adapted to drive nails into a wooden pole; remove nails from a wooden pole; and engage and rotate lag bolts to thereby insert or remove said lag bolts from a wooden pole;
Franzini teaches a combination of a hammer and an extension pole. Franzini teaches that it is known to attach a hammer to the end of a hot stick and then to hit an implement with the combination (Col. 5, line 51-67; col. 6, line 1-10). Franzini further teaches that operators use hand-held hammers to strike and actuate the principal apparatus of the disclosure (Col. 3, line 16-43). Franzini teaches “(in) situations where one of the lines or wires being connected is live or hot (i.e.: has electricity running through it) it is common practice to use long working polls known as hotsticks to keep the user a safe distance from the wires” (Col. 5, line 61-64).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Broadbooks to incorporate the teachings of Franzini to provide a hammer as the tool that attaches to the end of the extension pole of Broadbooks, as a known combination. One of ordinary skill in the art would understand the improvement in functionality and safety in having a hot stick capable of manipulating a hammer, allowing the user to strike with the hammer at an distance.
Therefore, Broadbooks modified teaches:
wherein said attachment portion is attached to said proximal end of said extension pole and is adapted to releasably engage with a hammer; and
wherein said engagement hook is adapted to releasably engage an engagement ring of the hammer;
wherein said attachment mechanism is adapted to releasably attach to a handle of the hammer and pull said handle of the hammer within said hollow interior of said extension pole in order to secure the hammer to said extension pole for use therewith, and in reverse, said attachment mechanism is further adapted to push the hammer out from said interior of said extension pole for disengagement therefrom;
wherein said extension pole is adapted to manipulate the hammer when in use;
and a hammer comprising:
the elongated handle including:
a lug (Broadbooks teaches that a lug is necessary to orient and rotationally-fix the tool being secured in the attachment portion of the extension pole (p. 2, col. 1, line 25-46)) thereon adapted to engage with said spaced elongated grooves of said extension pole to thereby prevent rotation of the hammer when engaged with said extension pole;
an engagement ring;
wherein said engagement ring is attached to said distal end of the elongated handle, and is adapted to releasably engage with said engagement hook of said attachment mechanism of said extension pole;
then the hammer is removably attached to said engagement hook via said engagement ring; then said handle of said extension pole is pulled away from said distal end of said extension pole thereby drawing the elongated handle of the hammer into said attachment portion of said extension pole, wherein the lug of the elongated handle of the hammer engages with said spaced elongated grooves of said extension pole to thereby prevent rotation of the hammer when in use; and in reverse, and after use, said handle of said extension pole is pushed toward said distal end of said extension pole thereby forcing said engagement hook and the hammer outwardly from said proximal end of said extension pole; then the hammer is removed from said engagement hook;
Broadbooks modified teaches the functional relationship between the extension pole and various tools, and specifically discloses the aforementioned limitations in light of a hammer. Broadbooks teaches the attachment, engagement, use and disengagement of the hammer to the extension pole. However, Broadbooks fails to explicitly disclose or teach the use of the extension pole in combination with a mutli-use hammer in the limitations, as recited.
Broadbooks modified further fails to teach:
a multi-use hammer comprising:
an elongated shaft including:
a proximal end; and
a distal end;
an elongated handle including:
a proximal end; and
a distal end;
wherein said proximal end of said elongated handle is attached to said distal end of said elongated shaft;
spaced elongated ridges thereon adapted to engage with said spaced elongated grooves of said extension pole to thereby prevent rotation of said multi-use hammer when engaged with said extension pole;
an engagement ring;
wherein said engagement ring is attached to said distal end of said elongated handle, and is adapted to releasably engage with said engagement hook of said attachment mechanism of said extension pole;
and a head including:
a striking portion;
wherein said striking portion is adapted to strike the head of a nail;
a claw;
wherein said claw is adapted to engage and remove nails from a wooden pole; and
a rectangular cavity;
wherein said rectangular cavity is adapted to engage with a rectangular end portion of a lag bolt to rotate said lag bolt;
wherein said head is attached to said proximal end of said elongated shaft;
wherein said multi-use hammer is adapted to drive nails into a wooden pole; remove nails from a wooden pole; and engage and rotate lag bolts to thereby insert or remove said lag bolts from a wooden pole;
Keast teaches a multi-use hammer (element 1; fig. 1) comprising:
an elongated shaft (element 2; fig. 1) including:
a proximal end (see annotated fig. 1 below); and
a distal end (see annotated fig. 1);
an elongated handle (element 8; fig. 1) including:
a proximal end (see annotated fig. 1); and
a distal end (see annotated fig. 1);
wherein said proximal end of said elongated handle is attached to said distal end of said elongated shaft (see annotated fig. 1);
an engagement ring (element 40; fig. 1);
and
a head (element 4; fig. 1) including:
a striking portion (element 6; fig. 1);
wherein said striking portion is adapted to strike the head of a nail (Given that Keast discloses a striking portion (element 6), one of ordinary skill in the art would understand that Keast has a striking portion capable of striking the head of a nail, as recited. Specifically, Keast teaches that “the multi tool 1 can be held by the handle 8 and the face 6 used to strike blows” (pp. [0050]).);
a claw (element P, 10; fig. 1);
wherein said claw is adapted to engage and remove nails from a wooden pole (Keast teaches that “the spike 10 may be inserted beneath a head of an embedded tent peg, and the handle 8 used to lever the tent peg out of the ground” (pp. [0052]). However, one of ordinary skill in the art would understand that Keast has a claw capable of engaging and removing nails from a wooden pole, as recited.); and
wherein said head is attached to said proximal end of said elongated shaft (see annotated fig. 1);
wherein said multi-use hammer is adapted to drive nails into a wooden pole; remove nails from a wooden pole (Given that Keast discloses a striking portion (element 6) and claw (element P, 10), one of ordinary skill in the art would understand that Keast has a multi-use hammer capable of driving nails into a wooden pole and removing nails from a wooden pole).
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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 to have further modified Broadbooks modified to incorporate the multi-use hammer of Keast as the hammer in the combination, to provide a combination of a multi-use hammer and the extension pole. One of ordinary skill in the art would understand that this combination would provide the benefit of increased utility and functionality for standard tools in a lineman’s kit. One of ordinary skill in the art would understand that the handle and ring of Keast are capable of performing the same functions as the handle and ring of the hammer of Broadbooks modified without losing their original functionality. The handle of Keast is capable of performing the same function as the lug and hammer handle of Broadbooks modified, while the interior space of the handle would still be usable for screwing and unscrewing the pin from a D-shackle or wrenching on various sized nuts, when the multi-use hammer and extension pole are disconnected. Further, the handle of Keast has a ring, which is capable of performing the same function as the ring of Broadbooks modified, while still being usable as a bottle opener when the multi-use hammer and extension pole are disconnected.
Therefore, Broadbooks modified teaches:
wherein said attachment portion is attached to said proximal end of said extension pole and is adapted to releasably engage with a multi-use hammer; and
wherein said engagement hook is adapted to releasably engage an engagement ring of said multi-use hammer;
wherein said attachment mechanism is adapted to releasably attach to a handle of said multi-use hammer and pull said handle (In the interest of compact prosecution and for purposes of this Office action, “said handle” will be interpreted in claim 5, line 25 as the handle of the multi-use hammer) within said hollow interior of said extension pole in order to secure said multi-use hammer to said extension pole for use therewith, and in reverse, said attachment mechanism is further adapted to push said multi-use hammer out from said interior of said extension pole for disengagement therefrom;
wherein said extension pole is adapted to manipulate said multi-use hammer when in use;
a multi-use hammer comprising:
an elongated shaft including:
a proximal end; and
a distal end;
an elongated handle including:
a proximal end; and
a distal end;
wherein said proximal end of said elongated handle is attached to said distal end of said elongated shaft;
spaced elongated ridges thereon adapted to engage with said spaced elongated grooves of said extension pole to thereby prevent rotation of said multi-use hammer when engaged with said extension pole;
an engagement ring;
wherein said engagement ring is attached to said distal end of said elongated handle, and is adapted to releasably engage with said engagement hook of said attachment mechanism of said extension pole;
and a head including:
a striking portion;
wherein said striking portion is adapted to strike the head of a nail;
a claw;
wherein said claw is adapted to engage and remove nails from a wooden pole; and
wherein said head is attached to said proximal end of said elongated shaft;
wherein said multi-use hammer is adapted to drive nails into a wooden pole; remove nails from a wooden pole;
then said multi-use hammer is removably attached to said engagement hook via said engagement ring; then said handle of said extension pole is pulled away from said distal end of said extension pole thereby drawing said elongated handle of said multi-use hammer into said attachment portion of said extension pole; and in reverse, and after use, said handle of said extension pole is pushed toward said distal end of said extension pole thereby forcing said engagement hook and said multi-use hammer outwardly from said proximal end of said extension pole; then said multi-use hammer is removed from said engagement hook;
Broadbooks modified teaches the functional relationship between the extension pole and a multi-use hammer, particularly in the attachment, engagement, use and disengagement of the multi-use hammer to the extension pole. However, Broadbooks fails to explicitly disclose or teach the limitations, as follow:
spaced elongated ridges thereon adapted to engage with said spaced elongated grooves of said extension pole to thereby prevent rotation of said multi-use hammer when engaged with said extension pole;
wherein said spaced elongated ridges of said elongated handle of said multi-use hammer interdigitatingly (Merriam-Webster defines “interdigitate” as “to become interlocked like the fingers of folded hands”. For purposes of this Office action, “interdigitatingly” will be interpreted as the engagement of the ridges of the multi-use hammer handle with the grooves of attachment portion of the extension pole) engage with said spaced elongated grooves of said extension pole to thereby prevent rotation of said multi-use hammer when in use;
a rectangular cavity;
wherein said rectangular cavity is adapted to engage with a rectangular end portion of a lag bolt to rotate said lag bolt;
wherein said multi-use hammer is adapted to engage and rotate lag bolts to thereby insert or remove said lag bolts from a wooden pole;
Browning teaches a hand tool (element 100, fig. 1) comprising a head (element 90, fig. 1), an elongated shaft (element 112, fig. 1), and an elongated handle or pole (element 11 & 32, fig. 1), which can be linearly extended while preventing rotation between the shaft and the handle.
Regarding the recitation of the limitation:
spaced elongated ridges thereon adapted to engage with said spaced elongated grooves of said extension pole to thereby prevent rotation of said multi-use hammer when engaged with said extension pole;
said spaced elongated ridges of said elongated handle of said multi-use hammer interdigitatingly engage with said spaced elongated grooves of said extension pole to thereby prevent rotation of said multi-use hammer when in use
Browning teaches “collar 32 may be rotationally coupled with the shaft 12 so that rotation of one causes rotation of the other” (pp. [0049]). Necessarily, where the members are rotationally coupled, the members are prevented from rotating relative to one another. Further, Browning teaches “the shaft body 31 may comprise one or more shaft contact surfaces 34 which may be moved longitudinally across one or more collar contact surfaces 36 of the collar 32” (pp. [0049]). The ridges formed at the corners of the shaft contact surfaces (element 34) permit the rotational coupling and longitudinal movement relative to the grooves formed at the corners of the collar contact surfaces (element 36).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have further modified Broadbooks modified to incorporate the contact surfaces of Browning as the spaced elongated ridges of the elongated handle of the multi-use hammer in the combination of the multi-use hammer and the extension pole to securely hold the multi-use hammer in the attachment portion of the extension pole. Further, one of ordinary skill in the art would understand that the geometry of the attachment portion of Broadbooks modified and the geometry of the tool handle being received would need to have cooperating contact surfaces. Broadbooks modified already teaches the attachment portion of the extension pole having an “approximate cruciform shape” (Broadbooks; p. 2, col. 2, line 55-65) formed by ribs (Broadbooks; element 54-57), “thus, the inner surface of the steel tube adjacent its upper end portion is formed with a pair of longitudinally extending grooved portion 58 and 59” (Broadbooks; p. 2, col. 2, line 32-39). It would have been obvious to one of ordinary skill in the art to modify the handle of a multi-use hammer to increase functionality by providing a plurality of spaced elongated contact surfaces or ridges which would cooperate with the spaced elongated grooves present in Broadbooks modified.
Therefore, Broadbooks modified teaches:
spaced elongated ridges thereon adapted to engage with said spaced elongated grooves of said extension pole to thereby prevent rotation of said multi-use hammer when engaged with said extension pole;
wherein said spaced elongated ridges of said elongated handle of said multi-use hammer interdigitatingly engage with said spaced elongated grooves of said extension pole to thereby prevent rotation of said multi-use hammer when in use;
Broadbooks modified teaches the aforementioned limitations, but fails to teach:
a rectangular cavity;
wherein said rectangular cavity is adapted to engage with a rectangular end portion of a lag bolt to rotate said lag bolt;
wherein said multi-use hammer is adapted to engage and rotate lag bolts to thereby insert or remove said lag bolts from a wooden pole
Eagan teaches a combination tool (line 1-8; fig. 1) comprising:
a rectangular cavity (element 5; fig. 1);
wherein said rectangular cavity is adapted to engage with a rectangular end portion of a lag bolt to rotate said lag bolt
wherein said multi-use hammer is adapted to engage and rotate lag bolts to thereby insert or remove said lag bolts from a wooden pole
Eagan teaches a “head (that) is provided in its right face with a recess or opening 5 to engage a tap or machine bolt head” (line 50-53). Furthermore, there are provided “(v)arious sized rectangular recessed openings 8, 9, and 10… adapted for engagement with… bolt heads or nuts… wherein the tool itself functions as a wrench” (line 73-78).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Broadbooks modified to incorporate the teachings of Eagan to provide the combination of the multi-use hammer and the extension pole, wherein the multi-use hammer has a rectangular cavity adapted to engage with a rectangular end portion of a lag bolt to rotate said lag bolt. The additional functionality and reduction in number of tools required to perform tasks common in the art is directly noted in Eagan’s disclosure – “(the) object of the invention is to provide a combination tool which is particularly adapted for use by various craftsmen requiring a number of tools, so that it will not be necessary to carry about the usual number of separate tools” (line 9-15).
Regarding claim 7, Broadbooks modified teaches all the limitations of claim 1, but fails to teach:
the elongated shaft, elongated handle, and head are formed from a material chosen from a list of materials consisting of hardened steel, aluminum, and fiberglass.
Browning teaches a telescoping handle device (element 100, fig. 1) comprising:
an elongated shaft (element 112, fig. 1);
an elongated handle (element 11, fig. 1); and
a head (element 90, fig. 1);
wherein said elongated shaft, said elongated handle, and said head are formed from a material chosen from a list of materials consisting of hardened steel, aluminum, and fiberglass.
Browning teaches that the shaft, handle and head of the combination tool “may be made from or comprise steel alloys… aluminum or aluminum alloys… any other type of metal or metal alloy… (or) fiberglass” among many other material selections (pp. [0030] & [0041]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have further modified Broadbooks modified to incorporate the teachings of Browning to provide the combination of the multi-use hammer and the extension pole, wherein the multi-use hammer has the choice of construction materials of Browning. It would have been obvious to one of ordinary skill in the art that these materials are effective for the construction of a hammer shaft, handle and head. Browning teaches that it would be desirable to have a “material that (is) substantially rigid” (pp. [0030]).
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Broadbooks in view of Franzini, Keast, Browning, and Eagan, as applied to claim 5, further in view of Peters.
Regarding claim 6, Broadbooks modified teaches all the limitations of claim 5, but fails to teach:
wherein said elongated shaft further includes a cavity to store nails and staples therein.
Peters teaches a multi-use hammer (element 100, fig. 1) comprising:
a head (element 102, fig. 1) including:
an elongated shaft (element 112, fig. 1),
wherein said elongated shaft further includes a cavity (element 116, fig. 2) to store nails and staples (element 212, fig. 2) therein.
Peters teaches a “hammer having a… storage compartment adapted to… hold tools, supplies, and the like” (Col. 1, line 28-32). Specifically, this storage cavity “comprises at least one storage container for storing nails, tacks, and the like” (Col. 1, line 57-59).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have further modified Broadbooks modified to incorporate the teachings of Peters to the combination of the multi-use hammer and the extension pole, wherein the multi-use hammer has an elongated shaft wherein said elongated shaft further includes a cavity to store nails and staples therein. Peters teaches the benefit of improved convenience for the storage cavity aspect, particularly, Peters teaches that the convenience of an integral supplies holding compartment on a hammer would be readily apparent to one of ordinary skill in the art (Col. 2, line 30-35).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Bennett (US 0535480 A) teaches a combination wrench and hammer having features including wrenching jaws, a striking portion, claws, and a securing lever and ring for the wrench head.
Myers et al. (4242930 A) teaches a torque-limiting adapter for an elongated, insulative hot line clamp stick which allows safe, accurate coupling of workpieces at the desired torque levels.
Roxton (US 4268926 A) teaches a rescue tool with an extended hollow housing and a tool bit mounted on one end thereof, with an internal hammer portion for driving the tool bit.
Bulcock (US 6122788 A) teaches a multi-use hammer with a head, a claw, a striking surface, a handle, a measuring tape, and a storage compartment cavity in the handle.
Braams (WO 2008151361 A1) teaches a multi-use hammer with a head having a striking surface, wrenching cavities, and a claw, a shaft having measurement marks, and a handle having a claw.
Niles et al. (US 20150130200 A1) teaches an adapter for a hot stick; the hot stick having an engagement rod and hook, and the adapter having a frame, a housing and a lever assembly.
Wade (US 20170043468 A1) teaches a multi-use hammer having a head having a striking face and a wedge, a shaft, and a handle, where the shaft and handle contain an extendable hook.
Tuchscherer (US 20190199072 A1) teaches a knife accessory for a hot stick, the knife having a grooved handle to engage with standard hot stick attachment interfaces.
Ronnebaum et al. (US 12237653 B1) teaches a hot stick attachment end and interface and methods of using the apparatus.
Kwon (US 20240322531 A1) teaches an electrically insulating rotary grip-all clamp stick having a unique apparatus for manipulating the working end of the hot stick.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEEGAN MARTIN whose telephone number is (571) 272-7452. The examiner can normally be reached M-T 7:30 am - 5:00 pm.
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/KEEGAN T MARTIN/Patent Examiner, Art Unit 3723
/BRIAN D KELLER/Supervisory Patent Examiner, Art Unit 3723