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 .
Priority
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1, 2, 4, 16, and 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2009/0311061 A1 to (Santamarina et al.) in combination with US 2004/0163501 A1 to (Chen).
Regarding claim 1, (Santamarina et al.) provides a torque limiter device (tool 10 which damps torque; figures 1-3; paragraphs [0044]-[0045]) comprising: a distal component (12); a shank (18); a torsion component (50) connecting the distal component and the shank (18); the torsion component having a predetermined torque profile (the damping mechanism 50 damps torque according to a torque VS angle of
twist profile shown in figure 24; paragraphs [0044]-[0045]); the distal component and the shank being rotatable relative to each other subject to resistance from the predetermined torque profile of the torsion component (the shank end 18 rotates relative to the active end 12 due to twisting of the damping mechanism 50 according to the torque vs angle of twist profile shown in figure 24; paragraphs [0044]-[0045]); wherein the predetermined torque profile has a plateau (as shown in figure 24, the torque begins to plateau at a certain increasing angle of
of twist; figure 24; paragraph [0045]).
Thus, (Santamarina et al.) provides a torque limiter according to claim 1 except for the provision of a handle connected to the distal component (shank 18, which includes a hexagonal cross-section and a neck, or groove 20, that enables tool 10 to be positioned into a chuck or the like)(para. [0038]).
(Chen) provides a handle that is configured to selectively engage a tool head at a hexagonal axial socket. (Chen) teaches that the tool handle has a hexagonal axial socket (121), i.e., a chuck, defined axially in flat front face of the front end (12)
and adapted to engage a hexagonal connector (22) on, e.g., a socket head (20). A neck (not numbered) is defined around the connector (22) to mate with a ball-spring holder (para. [0017]; Fig. 2).
Therefore, since (Santamarina et al.) provides a torque limiter with a shank, which includes a hexagonal cross-section and a neck, or groove, that enables tool to be positioned into a chuck or the like, and (Chen) teaches providing a handle with, inter alia, a hexagonal axial socket configured to engageably receive a shank of a tool with a hexagonal cross-section, it would have been obvious to one having ordinary skill in the art at the time of the effective filing date of the invention to have modified the torque limiter of (Santamarina et al.) by providing a handle having an axial a hexagonal axial socket configured to engageably receive a shank of a tool with a hexagonal cross-section, such as the handle taught by (Chen), and having the predictable result of providing a means for a user of the torque limiter of (Santamarina et al.) with a means for manually gripping and rotating the torque limiter to tighten a fastener to a desired torque.
Regarding claim 2, in the combination of (Santamarina et al.) and (Chen) as applied to claim 1 above, the torsion component of (Santamarina et al.) is comprised of at least one wire (damping mechanism 50, which can be manufactured from a shape memory material, such as a nitinol alloy, an elastomeric material, can be a bar or a helical spring made from nitinol (straight or helical wire); paragraph [0044]).
Regarding claim 4, in the combination of (Santamarina et al.) and (Chen) as applied to claim 1 above, the torsion component of (Santamarina et al.) is a torsion spring (damping mechanism 50 is made of a material that provides for damping of the torsional forces that are applied to the holder 10; paragraph [0044]).
Regarding claim 16, considering that (Santamarina et al.) provides a torque indicator device having, inter alia, a distal component connected to a super elastic torsion mechanism, i.e., “the damping mechanism 50 can be manufactured from a shape memory material, such as a nitinol alloy,”(para. [0044]), and the torque indicator device is intended to drive fasteners to a predetermined torque limit, it would have been obvious to a skilled artisan to use the device of (Santamarina et al.) by applying torque to the distal component by applying torque to the super elastic torsion mechanism; and, to continue applying torque to the distal component until torque plateaus according to a torque profile of the super elastic torsion mechanism.
Regarding claim 19, (Santamarina et al.) provides a torque indicator device (tool 10 which damps torque; figures 1-3; paragraphs [0044]-[0045]) comprising: a distal component (12); a shank (18); a torsion component (50) disposed between the distal component and the shank (18); the torsion component having a preloaded torque (the damping mechanism 50 can be a helical spring made of nitinol and so is preloaded with torque according to its winding; paragraphs [0044]-[0045] - see paragraph [0071] which discusses that the spring being wound is what provides the preloaded torque).
Thus, (Santamarina et al.) provides a torque limiter according to claim 1 except for the provision of a handle connected to the distal component (shank 18, which includes a hexagonal cross-section and a neck, or groove 20, that enables tool 10 to be positioned into a chuck or the like)(para. [0038]).
(Chen) provides a handle that is configured to selectively engage a tool head at a hexagonal axial socket. (Chen) teaches that the tool handle has a hexagonal axial socket (121), i.e., a chuck, defined axially in flat front face of the front end (12) and adapted to engage a hexagonal connector (22) on, e.g., a socket head (20). A neck (not numbered) is defined around the connector (22) to mate with a ball-spring holder (para. [0017]; Fig. 2).
Therefore, since (Santamarina et al.) provides a torque limiter with a shank, which includes a hexagonal cross-section and a neck, or groove, that enables tool to be positioned into a chuck or the like, and (Chen) teaches providing a handle with, inter alia, a hexagonal axial socket configured to engageably receive a shank of a tool with a hexagonal cross-section, it would have been obvious to one having ordinary skill in the art at the time of the effective filing date of the invention to have modified the torque limiter of (Santamarina et al.) by providing a handle having an axial a hexagonal axial socket configured to engageably receive a shank of a tool with a hexagonal cross-section, such as the handle taught by (Chen), and having the predictable result of providing a means for a user of the torque limiter of (Santamarina et al.) with a means for manually gripping and rotating the torque limiter to tighten a fastener to a desired torque.
Regarding claim 20, in the combination of (Santamarina et al.) and (Chen) as applied to claim 1 above, (Santamarina et al.) discusses that the torsion component of (Santamarina et al.) is a coiled spring (“a helical spring”; para. [0044]).
Allowable Subject Matter
Claims 10-15 are allowed.
Claims 3, 5-9, 17 and 18 are objected to as being dependent upon a rejected base claim, but would be allowable if claims 3, 5, 7-9, and 17 are rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: regarding claim 10, that the wire has a first lever arm member at one end of the wire and a second lever arm member at an opposite end of the wire; the wire being at an angle relative to an axis of the second lever arm the distal component and the handle each having an indicator positioned to align when desired torque is achieved, together in combination with the rest of the limitations in claim 10, has neither been disclosed nor suggested by the prior art of record; regarding claim 3, that the torsion component is at least two wires; regarding claim 5, that the torsion component is comprised of lever arm members disposed at opposing ends of the torsion component; regarding claim 7, that the torsion component is offset from an axis of rotation of the distal component and the handle; regarding claim 8, that a marker is disposed on the handle and the distal component; regarding claim 9, that the torque limiter further comprises a lumen extending through the distal component and the handle; and, regarding claim 17, in the method, the step of applying torque through multiple torsion wires. Together in combination with the respective independent claim, has neither been disclosed nor suggested by the prior art of record.
Response to Arguments
Applicant’s arguments filed 17 July 2026, with respect to the rejection(s) of claim(s) 1-20 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of the combination of (Santamarina et al.) and (Chen).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure as describing devices has features related to the present application.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to David B. Thomas whose telephone number is (571) 272-4497. The examiner’s e-mail address is: dave.thomas@uspto.gov. The examiner can normally be reached on Mon-Fri 11:30-7:30.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Posigian can be reached on (. The fax phone number for the organization where this application or proceeding is assigned is (571) 273-8300.
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/David B. Thomas/
Primary Examiner, Art Unit 3723
/DBT/
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