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 .
Specification
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided.
The abstract of the disclosure is objected to because undue length. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
The disclosure is objected to because of the following informalities: in paragraph [0031], “first pivot 210”, should be changed to, --second pivot 210--.
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.
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 1, 3-5 and 7-9 are rejected under 35 U.S.C. 102(a)(1) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over CN 104942724 (“CN`724”).
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CN`724 discloses all of the limitations of claim 1, i.e., capillary tube plier, comprising:
a first clamping arm 4;
a second clamping arm 3, wherein first pivot portions @8 are formed by extending oppositely to each other from a first end of the first clamping arm and a first end of the second clamping arm respectively Fig. 1, and the first pivot portions are connected by a first pivot axis 8 for allowing the first and second clamping arms to rotate relative to each other;
a first pressing portion 5-7, provided at a second end of the first clamping arm, protruding towards the second clamping arm and forming a first pressing surface; and
a second pressing portion 5-7 for RT jaw, provided at a second end of the second clamping arm, protruding towards the first clamping arm and forming a second pressing surface, with the second pressing surface and the first pressing surface set oppositely Fig. 1, and when the first clamping arm rotates to close with the second clamping arm, the first pressing surface and the second pressing surface press tightly Fig. 1;
wherein the extension length of the first pivot portion of the first clamping arm is substantially equal to the protruding length of the first pressing surface from the first clamping arm annotated Fig. 1;
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[AltContent: connector][AltContent: connector][AltContent: connector][AltContent: connector][AltContent: textbox (A)][AltContent: textbox (B)][AltContent: textbox (C)][AltContent: textbox (D)]the extension length of the first pivot portion of the second clamping arm is substantially equal to the protruding length of the second pressing surface from the second clamping arm annotated Fig. 1 to make the first pressing surface and second pressing surface receive even force when pressed similar to Fig. 3 of the instant application for open jaws, however in the alternative and in order to expedite the prosecution said lengths while appear substantially the same, they are not disclosed to be the same. It would have been obvious to one having ordinary skill in the art, before the effective date of the invention, to configure the length to be the same for better pressing force, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233; and since such modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955).
Regarding claim 3, PA (CN’724 alone or as modified for size) meets the limitations, i.e., the capillary tube plier according to claim 1, wherein the first pressing surface defined by 7 is configured according to a required shape of a capillary tube, e.g., flat, and the second pressing surface is adapted to the shape of the first pressing surface to press the capillary tube into the desired shape
Regarding claim 4, PA meets the limitations, i.e., the capillary tube plier according to claim 1, wherein the first pressing portion defined by 7 is detachably assembled bolt and nut at the second end of the first clamping arm; the second pressing portion defined by 7 RT is detachably assembled at the second end of the second clamping arm.
Regarding claim 5, PA meets the limitations, i.e., the capillary tube plier according to claim 1, wherein
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[AltContent: arrow][AltContent: textbox (1ST CLY)]a first cylinder annotated partial Fig. 1 protruding from the second end of the first clamping arm;
the first pressing portion comprises a first locking nut 6 and a first pressing portion body 7, a first bolt 5 protruding from the end of the first pressing portion body opposite to the first pressing surface 7, the first bolt 5 passes through and protrudes from the first cylinder annotated, and the portion of the first bolt 5 protruding from the first cylinder is fitted with the first locking nut 6 to fix the first pressing portion body at the second end of the first clamping arm 4;
a second cylinder protruding similar arrangements for the right jaw/press from the second end of the second clamping arm;
the second pressing portion comprises a second locking nut and a second pressing portion body, a second bolt protruding from the end of the second pressing portion body opposite to the second pressing surface, the second bolt passes through and protrudes from the second cylinder, and the portion of the second bolt that protrudes from the second cylinder is fitted with the second locking nut to fix the second pressing portion body at the second end of the second clamping arm as annotated and described for the first pressing portion LF jaw/press.
Regarding claim 7, PA meets the limitations, i.e., the capillary tube plier according to claim 1, further comprising:
a first plier arm 2, wherein second pivot portions defined by clamping arm and pliers arm/handle @ 11 are formed by extending oppositely to each other from an end of the first plier arm and the first end of the first clamping arm respectively, the second pivot portions @ 11 are connected by a second pivot axis 11; and
a second plier arm 1, wherein first pivot portions defined by clamping arm and pliers arm/handle @ 10 are formed by extending oppositely to each other from an end of the second plier arm and the end of the first plier arm respectively, the two first pivot portions are connected by a third pivot axis 10;
wherein second pivot portions defined by clamping arm and pliers arm/handle @ 9 are formed by extending oppositely to each other from the end of the second plier arm and the first end of the second clamping arm respectively, the second pivot portions are connected by a fourth pivot axis 9.
Regarding claim 8, PA meets the limitations, i.e., the capillary tube plier according to claim 7, wherein a line connecting the first pivot axis 8 and the third pivot axis 10 is defined as a symmetrical axis line A, annotated Fig. 1 above, with the second pivot axis 11 and the fourth pivot axis 9 symmetrically set e.g., relative to 10;
the first clamping arm 4 and the second clamping arm 3 are symmetrically set;
the first plier arm 2 and the second plier arm 1 are symmetrically set Fig. 1.
Regarding claim 9, PA meets the limitations, i.e., the capillary tube plier according to claim 8, wherein the arm lengths of the first clamping arm, the second clamping arm, the first plier arm, and the second plier arm are all the same Fig. 1, however in the alternative and in order to expedite the prosecution; It would have been obvious to one having ordinary skill in the art, before the effective date of the invention, to modify the invention with regards to dimension or desired size, e.g., form the jaw arms and the handle arms in the same length to uniformly distribute the force and/or in adapting the tool for a particular application, since such modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955).
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over PA as applied to claim 1 above, and further in view of CN 2236927 (“CN`927”).
PA (CN’724 alone or as modified for size) as applied to claim 1 above, meets all of the limitations of 2, except for the first and second pressing surfaces defined by 7 provide an accommodating slot passing through the respective pressing surface that align oppositely to form a clamping cavity.
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CN`927 teaches clamping pliers disclosing different types of pressing surfaces in Figs. 1 and 2, including a pressing surface Fig. 2 defining grooves that would align when jaws press identical and symmetrical jaws forming clamping cavities. 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 PA with pressing surfaces having grooves as taught by CN`927 for adapting to a similar shape of an intended workpiece.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over PA as applied to claim 1 above, and further in view of Allen et al. (2008/0066281 “Allen”).
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PA (CN’724 alone or as modified for size) as applied to claim 1 above, meets all of the limitations of 6, except for the handles to be provided with non-slip sleeves.
Allen teaches a pair of pliers with handgrips 33 over handles 32. 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 PA with handgrips as taught by Allen for comfort and to prevent slippage.
Allowable Subject Matter
Claim 6 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.
The following is a statement of reasons for the indication of allowable subject matter: art of record considered as a whole, alone or in combination, neither anticipates nor renders obvious a plier comprising clamping arms that rotate relative to each other at a pivot axis, pressing portions provided at a second end of the clamping arms having pressing surfaces protruding substantially equal to an extension length of pivot portions of the clamping arms, first and second cylinders with bolts passing through fitted with a locking nut, wherein the cylinders each provides a notch accommodating respective protrusions to position the pressing portion relative to the cylinders, together in combination with the rest of the limitations as recited in claim 6.
Conclusion
Prior art made of record and not relied upon at this time, are considered pertinent to applicant’s disclosure. Mo, Bullock and Damm 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/
February 19, 2026 Primary Examiner, Art Unit 3723