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 .
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 22 is finally 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 22 recites the limitation "a locking pin channel” and “a locking spring" in line 2, rendering the claim indefinite for double inclusion.
Claims 7 and 17 are objected to because of the following informalities: “locking channel”, line 2 should be changed to, --locking slot--, [0042] to avoid ambiguity regarding locking channel 300, recited later in the claims. Appropriate correction is required.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 21 and 22 are finally rejected under 35 U.S.C. 103 as being unpatentable over Krivec et al. (6,405,621 “Krivec”) in view of Ellis (1,615,169).
Krivec meets all of the limitations of claim 21, i.e., a hand tool comprising:
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a head portion 12 configured to interface with a fastener driving post dotted line, Fig. 1; a shaft 14 having a grip portion 26 at which an operator is enabled to hold the hand tool during operation; and
a flexible interface 144, 145, 146 configured to operably couple the shaft 14 and the head portion 12 in a locked state similar to the first embodiment Fig. 5B and an unlocked state Fig. 5A, and to enable the head portion to pivot relative to the shaft about a pivot axis defined by 22 or 66, Fig. 2 that extends substantially perpendicular to a direction of extension of the shaft Figs. 1 and 2,
wherein, in the unlocked state, an angle of the head portion is pivotable relative to the pivot axis Fig. 6 and, in the locked state, the angle of the head portion is fixed, wherein the flexible interface comprises a retention assembly 145 and a locking assembly 140 including an actuator 158 and a locking pin 146,
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wherein the actuator 158 is configured to move in a direction substantially perpendicular to the pivot axis Fig. 8 to operate the locking assembly to transition between the locked state and the unlocked state actuator moving back in 140 to 145, and configured to move in a direction substantially parallel to the pivot axis to operate the retention assembly to retain hand tool in the unlocked state moving the actuator form 140 to 145, Fig. 8 partially shown here, except for a majority portion of the locking pin is disposed in a locking pin channel between a neck of the head portion and a locking spring, and extending substantially perpendicular to the pivot axis.
Ellis teaches a wrench having a fixable interface comprising a retention assembly and a locking assembly including an actuator 28 with a locking pin 22 allowing locked and unlocked states, wherein a majority portion of the locking pin 22 is disposed in a locking pin channel 24 between a neck of the head portion and a locking spring 27, Fig. 4, and extending substantially perpendicular to the pivot axis defined by 12. It would have been obvious to one of ordinary skill in the art, before the effective date of the invention, to modify the invention of Krivec with the locking pin biasing arrangement as taught by Ellis for as an alternative means of achieving the same results and/or for positioning the actuator closer to the head.
Regarding claim 22, PA (prior art, Krivec modified by Ellis) meets the limitations, i.e., the hand tool of claim 21, wherein the locking pin 146, Krivec is entirely disposed in a locking pin channel 32, Krivec between a neck of the head portion @48 and a (the) locking spring, and extending substantially perpendicular to the pivot axis Fig. 3, Krivec.
Allowable Subject Matter
Claims 1-8, 10-18 and 20 are allowed.
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.
Response to Arguments
Applicant’s arguments with respect to claim 21 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HADI SHAKERI whose telephone number is (571)272-4495. The fax phone number for forwarding unofficial documents for discussion purposes only is (571) 273-4495. The examiner can normally be reached on M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Keller can be reached on 571 272 8548. The fax number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Hadi Shakeri/
February 6, 2026 Primary Examiner, Art Unit 3723