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 .
Response to Arguments
Applicant's arguments concerning the amended claim have been fully considered but they are not persuasive. The rejection has been amended in accordance with the claim amendments.
Claim Objections
Claim 3 is objected to because of the following informalities: ”a slide actuator” should read “the slide actuator”. 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 53 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.
Regarding claim 53, the limitation “the locking member is positioned between the mounting portion and the cover in a position parallel to the drive axis” renders the claim indefinite, as it is unclear as to what the metes and bounds of this limitation are. In particular, what does it mean to be located between two items but in a position parallel to something else? In the interest of compact prosecution, the Examiner will interpret this limitation to include being located between these items in a direction that aligns with the claimed axis.
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 1-5, 52-53 are rejected under 35 U.S.C. 103 as being unpatentable over Zhao, US 20200230787 in view of Sporen, US 20190314963.
Regarding claim 1, Zhao teaches: A powered ratchet (Fig. 1, electric ratchet wrench 1) comprising:
a motor (Fig. 3, motor 16);
a mounting portion (Fig. 1, output unit 32).
Zhao does not explicitly disclose: an output member configured to rotate in response to activation of the motor, the output member defining a drive axis; and
a release mechanism configured to selectively couple an anvil to the output member, the release mechanism including
a cover coupled to the mounting portion and including a track,
a locking member positioned between the mounting portion and the cover and operable to slide within the track between a locked position, in which the locking member engages the anvil to secure the anvil to the output member for co-rotation therewith, and a release position, in which the locking member is disengaged from the anvil to facilitate removal of the anvil, and
a biasing member biasing the locking member to the locked position,
and a slide actuator coupled to the locking member on a same side of the mounting portion as the output member, the slide actuator operable to move the locking member between the locked and the release position.
Sporen teaches: an output member (Fig. 2a-3b, socket 26) configured to rotate in response to activation of the motor, the output member defining a drive axis; and
a release mechanism (Fig. 2a-3b, retention module 22) configured to selectively couple an anvil (Fig. 2a-3b, nut 2) to the output member, the release mechanism including
a cover (Fig. 2a-3b, outer portion of retention module 22) coupled to the mounting portion (as discussed during the interview, the mounting portion was not explicitly disclosed in the previous action, but rather was obvious from the prior art. In clarification, the mounting portion is being explicitly cited as items 21 connecting to 22) and including a track (Fig. 2a-3b, cavity 38),
a locking member (Fig. 2a-3b, stop plate 28) positioned between the mounting portion and the cover and operable to slide within the track between a locked position (Figs. 2a, 2b), in which the locking member engages the anvil to secure the anvil to the output member for co-rotation therewith, and a release position (Figs. 3a, 3b), in which the locking member is disengaged from the anvil to facilitate removal of the anvil, and
a biasing member (Fig. 2a-3b, helical spring 34) biasing the locking member to the locked position,
and a slide actuator (Fig. 2a-3b, actuating rod 42) coupled to the locking member (Fig. 2a-3b, stop plate 28) on a same side of the mounting portion as the output member (see Examiner Illustration 1), the slide actuator operable to move the locking member between the locked and the release position (see Fig. 2a-3b).
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Examiner Illustration 1
Therefore, it would have been obvious to one having ordinary skill in the art at the effective filing date of the invention to utilize the locking and release mechanism as taught by Sporen in combination with the ratchet wrench of Zhao, thereby combining prior art elements to achieve a predictable result. The benefit of this combination is that it allows for a positive connection of the anvil with a locking member, which further allows for a rapid removal of the anvil as the user requires. Furthermore, the Sporen reference specifically discusses the benefits of the device as well as the ability to combine the cited features an another screwdriver; “[0010] Thus, by providing a retention module including a retaining element movable between a locking position, in which the screwdriving head of the self-breaking nut is retained in the screwdriving socket, and an unlocking position, in which a nut for tightening or releasing the broken portion of a nut after tightening can be inserted into the screwdriving socket, the retention of the broken portion of a nut is simply and effectively provided. Advantageously, any loss of the broken portion of the nut is avoided by providing a normally locked position of the retaining element, since the operator must voluntarily manipulate the screwdriving end fitting to release it. The screwdriving end fitting in accordance with the present disclosure can be easily obtained by adapting a retention module as defined above to an existing screwdriving end fitting (and therefore to a screwdriving tool which is also an existing one), or natively provided during the design of a screwdriving tool”.
Regarding claim 2, the modified Zhao further discloses: the locking member (Fig. 2a-3b, stop plate 28) is an arcuate fork including two prongs (Fig. 2a-3b, two branches 32a, 32b).
Regarding claim 3, the modified Zhao further discloses: the release mechanism further includes a slide actuator (Fig. 2a-3b, actuating rod 42) coupled to the locking member and operable to move the locking member between the locked position and the release position (see Fig. 2a-3b).
Regarding claim 4, the modified Zhao further discloses: the locking member moves linearly between the locked position and the release position (see Fig. 2a-3b).
Regarding claim 5, the modified Zhao further discloses: a yoke (Fig. 8, holder 26) defining a central opening, the output member positioned within the central opening; and a cage (Fig. 16a-16b, retainer 442) positioned between the yoke and the output member, the cage including a plurality of openings (Fig. 16a-16b, window 442a), each opening configured to receive a roller (Fig. 16a-16b, three balls 440).
Regarding claim 52, the modified Zhao further discloses: the locking member is biased to the locked position (Fig. 2a-3b, helical spring 34).
Regarding claim 53, the modified Zhao further discloses: the locking member (Fig. 2a-3b, stop plate 28) is positioned between the mounting portion and the cover (Fig. 2a-3b, outer portion of retention module 22) in a position parallel to the drive axis.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. 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 DANIEL JEREMY LEEDS whose telephone number is (571)272-2095. The examiner can normally be reached Mon-Thurs, 0730-1730.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anna Kinsaul can be reached at 571-270-1926. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DANIEL JEREMY LEEDS/Primary Examiner, Art Unit 3731