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 .
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 1-5, 7, and 9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tsubone et al. (hereafter Tsubone – US 20170203499).
Claim 1 recites “a heat-staking device.” Tsubone teaches such a heat-staking device, as will be shown.
Tsubone teaches (Figs. 1-9) a heat-staking device comprising:
a base 100b defining a surface configured to support a working component 7;
an upright arm 100a coupled to the base; and
a head (1, 102) vertically movable along the upright arm, the head comprising:
a main head unit 102;
a quill 1 coupled to the main head unit;
an insulating tip holder 2 coupled to the quill and configured to removably retain a thermal-installation tip 3a; and
a handle 200 configured to rotatably move relative to the main head unit (para. 0108, screw connection) to cause a vertical motion of the insulating tip holder relative to the main head unit (see Figs. 8A-8B).
Regarding Claim 2, Tsubone teaches (Figs. 1-9) the heat-staking device of Claim 1, wherein the quill includes a soldering iron 3c configured to heat the thermal-installation tip.
Regarding Claim 3, Tsubone teaches (Figs. 1-9) the heat-staking device of Claim 1, wherein the upright arm includes a plurality of sides (sides of 101), wherein each side of the plurality of sides includes a channel configured to receive a portion of the head to facilitate movement of the head along the upright arm (see Fig. 9, channels for 99a and attaching to 100a).
Regarding Claim 4, Tsubone teaches (Figs. 1-9) the heat-staking device of Claim 3, the head further comprising a clamp configured to secure the head relative to the upright arm (para. 0114, head forms a clamp with the tip through channel for 99a), wherein the clamp is configured to couple to the channel in at least one side of the plurality of sides of the upright arm (see Fig. 9).
Regarding Claim 5, Tsubone teaches (Figs. 1-9) the heat-staking device of Claim 1, further comprising a quill stop 201, 202 coupled to the main head unit adjacent the handle, the quill stop configured to restrict a vertical motion of the insulating tip holder relative to the main head unit (para. 0106).
Regarding Claim 7, Tsubone teaches (Figs. 1-9) the heat-staking device of Claim 5, wherein the quill stop comprises a bottom quill stop 202, the heat-staking device further comprising a top quill stop 201.
Regarding Claim 9, Tsubone teaches (Figs. 1-9) the heat-staking device of Claim 1, wherein the upright arm comprises a stopper 101 defining a minimum vertical position of the head (see Fig. 9).
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.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Tsubone in view of Hutchinson et al. (hereafter Hutchinson – US 20160339168).
Regarding Claim 6, Tsubone teaches (Figs. 1-9) the heat-staking device of Claim 5.
However Tsubone does not teach the quill stop comprises an educated nut configured to move helically along a threaded rod of the main head unit.
Hutchinson teaches an educated nut to enable a quick release of the threaded bushing 1190 from the threaded rod (para. 0067).
Tsubone merely teaches the quill stop moves helically along a threaded rod of the main head unit. It would have been obvious for a person having ordinary skill in the art to apply the teachings of Hutchinson to the device of Tsubone to have the quill stop comprises an educated nut configured to move helically along a threaded rod of the main head unit, as both references and Applicant’s invention are directed to devices with threaded connections. Doing so would result in quick adjustments of the quill stop, as recognized by Hutchinson.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Tsubone in view of Musil (US 5157812).
Regarding Claim 10, Tsubone teaches (Figs. 1-9) the heat-staking device of Claim 1.
However, Tsubone does not teach the base comprises a plurality of legs.
Musil teaches a staking device 50 wherein the base 97 comprises a plurality of legs (Fig. 2A, table legs).
MPEP 2143 I. A. teaches Simple substitution of one known element for another to obtain predictable results is obvious if there is (1) a finding that the prior art contained a device (method, product, etc.) which differed from the claimed device by the substitution of some components (step, element, etc.) with other components; (2) a finding that the substituted components and their functions were known in the art; (3) a finding that one of ordinary skill in the art could have substituted one known element for another, and the results of the substitution would have been predictable.
In this case, Tsubone teaches a base without legs differs from the claimed device by the substitution of a base with legs. Musil teaches a similar staking device wherein the base comprises a plurality of legs. One of ordinary skill in the art could have substituted one known element for another, and the results of the substitution would have been predictable because both inventions are directed to staking devices. Therefore it would have been obvious to apply the teachings of Musil to the device of Tsubone to have the base comprises a plurality of legs. Doing so amounts to mere simple substitution.
Claims 11-14 are rejected under 35 U.S.C. 103 as being unpatentable over Tsubone in view of Harbor Freight (STOREHOUSE 20-Bin Medium Portable Parts Storage Case).
Claim 11 recites “a system.” Tsubone teaches such a system, as will be shown.
Tsubone teaches (Figs. 1-9) a system comprising:
a heat-staking device (Fig. 9) including:
a base 100b;
an upright arm 100a coupled to the base; and
a head (1, 102) vertically movable along the upright arm, the head comprising:
a main head unit 102;
a quill 1 coupled to the main head unit;
an insulating tip holder 2 coupled to the quill and configured to removably retain a thermal-installation tip 3a; and
a handle 200 configured to rotatably move relative to the main head unit (para. 0108, screw connection) to cause a vertical motion of the insulating tip holder relative to the main head unit (see Figs. 8A-8B);
a tool configured to detachably couple the thermal-installation tip to the insulating tip holder (para. 0146, driver).
However, Tsubone does not teach a heat-resistant case defining a plurality of receiving areas configured to receive and retain the thermal-installation tip while the thermal-installation tip is not retained within the insulating tip holder.
Harbor Freight teaches a system comprising a heat-resistant case (polypropylene provides some heat resistance) defining a plurality of receiving areas configured to receive and retain components that are not in use (see picture of item)
Harbor Freight further teaches such a case keeps contents in place for convenient organization, storage and transportation (see product overview).
It would have been obvious for a person having ordinary skill in the art to apply the teachings of Harbor Freight to the system of Tsubone to have a heat-resistant case defining a plurality of receiving areas configured to receive and retain the thermal-installation tip while the thermal-installation tip is not retained within the insulating tip holder, as both references and Applicant’s invention are directed to systems having components to store. Doing so would result in keeping the tips in place for convenient organization, storage and transportation, as recognized by Harbor Freight.
Regarding Claim 12, Tsubone, as modified with Harbor Freight in Claim 11 above, teaches (Harbor Freight) the system of Claim 11, wherein the heat-resistant case comprises a compliant material (polypropylene).
Regarding Claim 13, Tsubone, as modified with Harbor Freight in Claim 11 above, teaches (Tsubone Figs. 1-9) the system of Claim 11, wherein the thermal-installation tip comprises a first thermal-installation tip, the system further comprising a plurality of thermal-installation tips (Figs. 6A-6B) wherein each thermal-installation tip of the plurality of thermal-installation tips is sized and configured to fit a different-sized threaded insert (para. 0095).
Regarding Claim 14, Tsubone, as modified with Harbor Freight in Claim 11 above, teaches (Tsubone Figs. 1-9) the system of Claim 13, wherein the plurality of receiving areas of the heat-resistant case is configured to receive and retain the plurality of thermal-installation tips (see Harbor Freight product overview).
Allowable Subject Matter
Claims 8 and 15 are 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.
Claims 16-20 are allowed.
The prior art does not teach the insulating tip holder includes a helical slot configured to receive a radial pin of the thermal-installation tip to thereby couple the thermal-installation tip to the insulating tip holder, or wherein the thermal-installation tip includes a radial pin, wherein the tool includes a tool helical slot configured to receive the radial pin of the thermal-installation tip to thereby couple the thermal-installation tip to the tool, and wherein the insulating tip holder includes a tip holder helical slot configured to receive the radial pin of the thermal-installation tip to thereby couple the thermal-installation tip to the insulating tip holder.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See cited references.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW BUI whose telephone number is (571) 272-0685. The examiner can normally be reached on 7:30 AM - 4:30 PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Courtney Heinle can be reached on (571) 270-3508. The fax phone number for the organization where this application or proceeding is assigned is (571) 273-8300.
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/ANDREW THANH BUI/Examiner, Art Unit 3745
/COURTNEY D HEINLE/Supervisory Patent Examiner, Art Unit 3745