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 Objections
Claim 1 is objected to because of the following informalities: The inclusion of the statement “and to engage the inner peripheral surface of the connection hole so as to transmit the torque to the inner peripheral surface” in the 2nd to last paragraph of claim 1 appears to be duplicative of the limitation “the shaft portion is inserted….of the connection hole”. Appropriate correction is required.
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 (11 and 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 (11 and 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. Lastly, the shaft portion (11 and 12) is a portion that is configured to be axially movable (via 12) within the connection hole (23) and to engage the peripheral surface of the connection hole and an axial length of the shaft portion (11 and 12) is greater than an axial length of an entire region (13) of the attachment extending from a proximal end of the shaft portion to a proximal end of the attachment.
Regarding claim 2, Mauck teaches the proximal end (13) of the attachment is 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 7/16/26 have been fully considered but they are not persuasive.
Regarding Mauck and the limitations added to claim 1 relating to the shaft portion having a length greater than a portion of the attachment (31 in applicant’s Figure 2 found in remarks and labeled as B) attached to the proximal end of the shaft portion, the claims are broader than applicant is arguing as nothing prohibits examiner from considering the combination of 11 and 12 to be the shaft portion. Applicant could claim that the entirety of the shaft portion being configured to enter the socket however examiner would caution applicant taking this route. Adjusting the length of the power tool attachment portion is well within the level of ordinary skill as it is common practice to make attachments of varying lengths to accommodate for tight work locations and locations that are hard to reach.
For example, Rexford (U.S Patent No. 5,148,724), Finn (U.S Patent No. 4,072,070), and Brown (U.S Patent No. 9,694,480) clearly show a proximal portion (14; 26 and 32; and 110/130 respectively) shorter than a portion (15 and 16; 30; and 120 respectively) designed to enter a socket. Each would render it obvious to remove portion 11 entirely and attach 13 directly to 12. Similarly, Baker (U.S Publication No. 20080041193) teaches it is known to make it so the entirety of the attachment can fit within the socket and make the connecting portion for the power transmitting tooth within the shaft portion. Bollinger (U.S Patent No. 6,269,717) teaches attachment portions of varying lengths.
To expedite prosecution examiner suggests focusing design of the contact portion and the connection of the contact portion to the shaft portion.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
McMurtry (U.S Patent No. 848,194), 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.
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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