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 12 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 12 recites the limitation "wherein the housing is adapted to couple to one or more tool heads" in line 2, rendering the claim indefinite. The alternative language requires for more than one tool head to couple with the housing. While housing 54 is described and is capable of receiving a tool head e.g., 12, Fig. 5, it is not disclosed to couple to more than one tool heads, at the same time. While the housing is adapted to couple to one of plural different tool heads (as recited in claim 10), the housing is not disclosed to be capable of coupling to more than one tool head.
Rejection under 112, 1st paragraph for insufficient disclosure is not applied at this time, since it appears that the claim deficiencies are of clarity and not of enablement.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
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Claims 1-3, 11 and 13-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Miller (2,905,282).
Miller discloses all of the limitations of claim 1, i.e., a tool spike 41 comprising:
a tool head 41; and
a handle 10, wherein an end of the handle is connectable to the tool head @38, wherein the handle comprises a bistable reelable composite member collapsible tubular semi-rigid rod having a first stable form in the form of an elongate slit tube Fig. 5 in which form the bistable reelable composite member 10 is resiliently biased and acts as a handle to manipulate the spike when connected to the tool head 41, and wherein when separated from the tool head, the elongate slit tube can be opened out at a slit at an end Fig. 6 and progressively coiled around an axis transverse to its length to reversibly attain a second stable form in the form of a coil 02:47&58.
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Regarding claim 2, PA (prior art, Miller) meets the limitations, i.e., the tool of claim 1, wherein the tool head 41 has a socket 34 for receiving the end of the bistable reelable composite member Fig. 7.
Regarding claim 3, PA meets the limitations, i.e., the tool of claim 2, wherein the end of the bistable reelable composite member 10 positively locks in the socket via collar 35.
Regarding claim 11, PA meets the limitations, i.e., the tool of claim 1, comprising a housing cylindrical body of 41, the housing having an outer diameter slightly larger than the handle 10 adapted so that the bistable reelable composite member can coil around it at least capable of when decoupled. Note that limitations from specification are not read into the claim.
Regarding claim 13, PA meets the limitations, i.e., the tool of claim 1, wherein the bistable reelable composite member 10 has a surface adapted for one of gripping handle for tool head 41 by a user and wear resistance.
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Regarding claim 14, PA meets the limitations, i.e., the tool of claim 1,wherein the bistable reelable composite member 10 is constructed so as to resist bending moments and torsion along its length without buckling simi-rigid construction.
CLAIM 15
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Miller discloses all of the limitations of claim 15, i.e., a method of deploying a tool 41, comprising uncoiling a bistable reelable composite member 10 from a stable coiled form Fig. 6 to a stable elongate slit tube form Fig. 5 in which form the bistable reelable composite member 10 is resiliently biased resilient , the method comprising:
connecting a tool head 41 to an end of the stable elongate slit tube Fig. 7; and
using the tool with the stable elongate slit tube 10 serving as a handle Fig. 5 by which a use may manipulate the tool head.
Regarding claim 16, PA meets the limitations, i.e., the method of claim 15, further comprising stowing the tool after use by:
disconnecting the tool head from the stable elongate slit tube 10;
opening the bistable reelable composite member at a slit @30, 32, Fig. 6 to a flat form at an end of the bistable reelable composite member Fig. 6; and
progressively coiling the bistable reelable composite member to assume a compact form Fig. 6 for storing the handle.
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 4-9 are rejected under 35 U.S.C. 103 as being unpatentable over Miller in view of White (10,478,949 “White”).
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Miller meets all of the limitations of claim 4, i.e., the tool of claim 3, wherein the socket defined by recess 34 has walls that support Fig. 7 of the bistable reelable composite member to prevent movement relative to each other in order to stabilize the bistable reelable composite member, except for the socket to have walls to also support the inner surface of the member.
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White teaches a means of support a tool head 201 has a socket 230 for receiving a handle defined by 202, wherein the socket 230 has walls 253, 230A that support both inner @226 and outer surfaces respectively of the handle 202. 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 Miller with the socket as taught by White for an alternative means of positively and securely locking the handle within the tool head.
Regarding claim 5, PA (prior art, Miller modified by White) meets the limitations, i.e., the tool of claim 4, wherein the walls of the socket have engagement features 255, 230B White that guide the bistable reelable 10 composite member into a locking position in the socket Fig. 20 White.
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Regarding claim 6, PA meets the limitations, i.e., the tool of any of claim 5, wherein the socket 230 White has one or more latches 253, 255 for engaging with a corresponding feature 226, 225 in the end of the bistable reelable composite member 10 to prevent the bistable reelable composite member being removed from the socket.
Regarding claim 7, PA meets the limitations, i.e., the tool of claim 6, wherein the latch 253 is movable by a user of the tool against a resiliently bias via 257 from an engagement position Fig. 22 in which it engages with the corresponding feature 226 in the end of the bistable reelable composite member 10 to a release position Fig. 23 in which the bistable reelable composite member can be released from socket.
Regarding claim 8, PA meets the limitations, i.e., the meets the limitations, i.e., the tool of claim 6, wherein the latch 255 to engage with a hole 255 through the end of the bistable reelable composite member 10.
Regarding claim 9, PA meets the limitations, i.e., the tool of claim 8, wherein one of the hole 255 and an end distal end of the bistable reelable composite member 10 is one of reinforced and treated to avoid delamination spring steel, line 71 Miller.
Claims 10 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Miller in view of Cromartie (2011/0021094).
Miller meets all of the limitations of claim 10, except for the tool to comprise plural different tool heads which can interchangeably be connected to the tubular bistable reelable composite member .
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Cromartie teaches a push pole for a boat, wherein the handle 16 adapted to receive different tool heads Figs. 2A-2H. 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 Miller with tool heads as taught by Cromartie to diversify the tool in adapting the tool for other applications.
Allowable Subject Matter
Claim 17 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claim 12 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.
The following is a statement of reasons for the indication of allowable subject matter: a housing that couples with one tool head or store the tool head, while the reelable member is wound around the housing, is not disclosed or suggested by art.
Conclusion
Prior art made of record and not relied upon at this time, are considered pertinent to applicant’s disclosure. Lowenhar and Daton-Lovett are cited to show related inventions.
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/
December 11, 2025 Primary Examiner, Art Unit 3723