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 § 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.
Claims 1-4 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mauck (U.S Patent No. 3,145,595).
Regarding claims 1, Mauck teaches (Figures 1-4) a tool capable of installing and dismounting threaded fasteners (34) to and from a threaded member (this is a capability of the threaded fastener itself). The tool comprises a cylindrical socket (22) and an attachment (10) that is inserted into the socket and includes a shaft portion (12) that transmits torque to the socket (via polygonal shape; Col. 2, lines 48-51). The socket (22) includes a distal end face, a proximal end face, an accommodation hole (33) provided in the distal end face and a connection hole (23) provided in the proximal end face and connected to the accommodation hole (33). The shaft portion (12) is inserted into the connection hole (Figures 3 and 4) and includes an outer peripheral surface provided with a first transmission surface (polygonal shape; Col. 2, lines 48-51), the first transmission surface transmitting torque to an inner peripheral surface of the connection hole. The accommodation hole (33) includes an inner peripheral surface provided with a second transmission surface (Col. 3, lines 12-17) configured to transmit torque to the fastener (34). The threaded fastener is capable of being one of multiple threaded fasters and the accommodation hole, which is longer than a single threaded fastener, is configured to accommodate multiple threaded fasteners, depending on the thickness of the threaded fastener, in a row in an axial direction of the socket. The attachment additionally includes a contact portion (26 and 27) provided at a distal end of the shaft portion. The contact portion is configured to contact a threaded fastener (Figure 4) accommodated in the accommodation space to define an axial stop position for any threaded fasteners accommodated in the accommodation space. Further, the attachment is configured to be positionally adjustable relative to the socket in the axial direction of the socket in accordance with the number of threaded fasteners accommodated in the accommodation space. Mauck clearly discloses in Figures 3 and 4 that the attachment (10) is movable within the socket and as such teaches the capability as this is exclusively dependent on the ability of the attachment to move relative to the socket and the thickness of the nuts found in the socket.
Regarding claim 2, Mauck teaches the attachment includes a proximal end (end of 11) and a coupling portion configured to be detachably coupled to an output portion of a wrench (Col. 2, lines 41-48) indicate the shank portion is designed to be attached to a power tool or other type of prime mover, all of which can be considered wrenches.
Regarding claim 3, the device of Mauck discloses the claimed invention except for the specific arrangement and/or content of indicia (printed matter) set forth in the claim(s). It has been held that when the claimed printed matter is not functionally related to the substrate it will not distinguish the invention from the prior art in terms of patentability. In re Gulack, 217 USPQ 401, (CAFC 1983). The fact that the content of the printed matter placed on the substrate may render the device more convenient by providing an individual with an easier way to determine how many nuts are held but does not alter the functional relationship. Mere support by the substrate for the printed matter is not the kind of functional relationship necessary for patentability.
The examiner asserts the device of Mauck comprising a socket and attachment is the same structure claimed by applicant and the sole difference is in the content of the printed material. Thus, there is no novel and unobvious functional relationship between the printed matter (e.g. demarcation of the number of nuts held) and the substrate (e.g. the device’s ability to remove and retain nuts) which is required for patentability.
Regarding claim 4, Mauck teaches the contact portion has a magnetic attraction portion (26a and 27a) for magnetically attracting a threaded fastener.
Response to Arguments
Applicant's arguments filed 2/11/26 have been fully considered but they are not persuasive.
Regarding Mauck and the phrase “positionally adjustable”, the claim limitation is broader than applicant appears to be arguing. Examiner agrees that Mauck does have a socket-like connection (via 18 and 25) when fully inserted but this does not prohibit or prevent complete translational movement as seen in Figures 3 and 4. The attachment portion resides within the nut bearing portion of the socket prior to the engagement of 18 and 25 and therefore can be considered positionally adjustable as it is capable of translational movement. “Positionally adjustable” does not require any form of interlocking between the attachment and socket at multiple positions. This idea leads to the argument directed to the bar magnets of Mauck and the required stop position. If the bar magnets are within the socket as seen in Figures 3 and 4 then they can contact a nut within the socket and thereby define a stop position in the same manner as the instant application. As can be clearly seen in Figures 1 and 2 of the instant application, there is no interlocking of the attachment and the socket in any position. Referring to Figure 2, if a nut were inserted into the socket 33 of the attachment would not “stop” the movement of the nut as the nut could be pressed further into the socket which would force 33 to slide to the right. Further, it appears the attachment could slide down within the socket if Figure 2 was rotated 90 degrees clockwise. This would prohibit a user from accurately gauging how many nuts were accommodated in the socket based on the position of the attachment. Having said that, examiner does agree there are structurally differences between the instant invention and Mauck, particularly the connection between members 32 and 33 of the instant invention.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
McMurtry (U.S Patent No. 848194), McCarthy (U.S Patent No. 1,503,692), Lee (U.S Patent No. 1,537,929), Frank (U.S Patent No. 2,611,289), Lenz (U.S Patent No. 2,651,229), and Carr et al (U.S Patent No. 3,126,774) teach elements of the current invention.
THIS ACTION IS MADE FINAL. 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 EDWARD F LANDRUM whose telephone number is (571)272-5567. The examiner can normally be reached M-F 8-5.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Marivelisse Santiago-Cordero can be reached at 571-272-7839. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/EDWARD F LANDRUM/Supervisory Patent Examiner, Art Unit 3761
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