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 .
Priority
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged.
Previous Indication of Allowable Subject Matter
The indicated allowability of claim 8 is withdrawn in view of the newly discovered reference(s) to CH 717204 B1 to (DIRK THIEL et al.). Rejections based on the newly cited reference(s) follow.
Claim Rejections - 35 USC § 102
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 (i.e., changing from AIA to pre-AIA ) 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.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1, 2, 9-11, 14, 18, and 20 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by CH 717204 B1 to (DIRK THIEL et al.).
Regarding claim 1, (DIRK THIEL et al.) discloses an anti-slip remover tool (2) comprises: a torque-tool body (tool head 20); a plurality of engagement features (alternating concave areas 209 and convex areas 210); the torque-tool body (20) comprising a first base (free end 208) and a second base (conically shaped area 22); the first base (208) being positioned opposite to the second base (20) about the torque-tool body (20); the plurality of engagement features comprising an arbitrary feature and an adjacent feature; a cross section for each of the plurality of engagement features comprising a convex section (210), a concave section (209), and a plurality of gripping features (the convex areas 210 each have two torque transmission surfaces 212); the plurality of engagement features being radially distributed (Figs. 6, 9b, and 10b) about a rotational axis (tool central axis 36) of the torque-tool body (Figs. 5 and 7); the convex section (210) and the concave section (209) being connected to each other at one of the plurality of gripping features (212)(Figs. 5 and 6) for each of the plurality of engagement features; the concave section (209) of the arbitrary feature being connected to the convex section (210) of the adjacent feature at the plurality of gripping features (Figs. 5 and 6); the plurality of gripping features comprising a first gripping feature (212) and a second gripping feature (212)(Fig. 6); the first gripping feature and the second gripping feature being positioned offset from each other about the convex section (Fig. 6); a first inner gripping point and a first outer gripping point being oppositely and terminally positioned on the first gripping feature; the first gripping point being positioned at the intersection of the first gripping feature and the concave section (see annotated Figs. 5 and 6); a second inner gripping point and a second outer gripping point being oppositely and terminally positioned on the second gripping feature; the second inner gripping feature being positioned at the intersection of the second gripping feature and the concave section (see annotated Figs. 5 and 6); a first gripping plane passing through the first inner gripping point and the first outer gripping point perpendicular to the first base and the second base; a second gripping plane passing through the second inner gripping point and the second outer gripping point perpendicular to the first base and the second base (see annotated Figs. 5 and 6); a convex angle being delineated between the first gripping plane and the second gripping plane; and the convex angle being less than 180 degrees (see annotated Figs. 5 and 6); a gripping angle; the gripping angle being delineated between the second gripping feature of the arbitrary feature and the first gripping feature of the adjacent feature; and the gripping angle being obtuse
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(see annotated Figs. 5 and 6).
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Regarding claim 2, in the anti-slip remover tool of (DIRK THIEL et al.), the torque-tool body being outwardly extended from the rotational axis (36) to the plurality of engagement features.
Regarding claim 9, in the anti-slip remover tool of (DIRK THIEL et al.), the convex angle is less than 120 degrees (see annotated Fig. 6 above).
Regarding claim 10, in the anti-slip remover tool of (DIRK THIEL et al.), comprising: a first gripping length being the length of the first gripping feature at any cross section parallel to the first base and the second base; and a second gripping length being the length of the second gripping feature at any cross section parallel to the first base and the second
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base (annotated Fig. 6 below).
Regarding claim 11, in the anti-slip remover tool of (DIRK THIEL et al.), wherein the first gripping length is equal to the second gripping length (annotated Fig. 6 above).
Regarding claim 14, in the anti-slip remover tool of (DIRK THIEL et al.), each the plurality of gripping features are convex (“The torque transmission surfaces 212 (see FIG. 6) are also cylindrical in the first section 206” – page 7 of the English translation; and, “The concave areas 209 and the torque transmission surfaces 212 therefore each form tool clamping surfaces 214 pointing radially outwards in part of the second section 207 (see FIG. 9b).” – second to last paragraph on page 7 of the English translation).
Regarding claim 18, in the anti-slip remover tool of (DIRK THIEL et al.), comprising: a first inner gripping distance (211) being defined as the distance from the rotational axis (36) to the first inner gripping point (212) for any cross section of the torque tool body; a second inner gripping distance (211) being defined as the distance from the rotational axis (36) to the second inner gripping point (212) for the same cross section as the first inner gripping distance; and the first inner gripping distance being equal to the second inner gripping distance (Figs. 6 and 7)(see page 7 of the English translation).
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Regarding claim 20, in the anti-slip remover tool of (DIRK THIEL et al.), comprising: a first outer gripping distance being defined as the distance from the rotational axis (36) to the first outer gripping point for any cross section of the torque tool body; a second outer gripping distance being defined as the distance from the rotational axis (36) to the second outer gripping point for the same cross section as the first outer gripping distance; and the first outer gripping distance being equal to the second outer gripping distance.
Allowable Subject Matter
Claims 3-7, 12, 13, 15-17, and 19 are objected to as being dependent upon a rejected base claim, but would be allowable if claims 3, 5, 7, 12, 13, 15, 17 and 19 are 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: regarding claim 3, that each of the plurality of gripping features is a gripping protrusion; regarding claim 5, that each of the plurality of gripping features is a gripping recession; regarding claim 7, that a flat portion is arranged on the convex portion between the first gripping feature and the second gripping feature; regarding claim 12, that the first gripping length is greater than or less than the second gripping length; regarding claim 13, that a flat portion is arranged on the convex portion between the first gripping feature and the second gripping feature; a flat length being the length of the flat portion at any cross section parallel to the first base and the second base; the flat length being less than the first gripping length; and the flat length being less than the second gripping length; regarding claim 15, that each the plurality )f gripping features are concave; regarding claim 17, that the first inner gripping point being a sharp angular connection; and the second inner gripping point being a sharp angular connection; and, regarding claim 19, a first outer gripping distance being defined as the distance from the rotational axis to the first outer gripping point for any cross section of the torque tool body; a second outer gripping distance being defined as the distance from the rotational axis to the second outer gripping point for the same cross section as the first outer gripping distance; and the first outer gripping distance being equal to the second outer gripping distance, together in combination with the rest of the limitations in the independent claim, have neither been disclosed nor suggested by the prior art of record.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to David B. Thomas whose telephone number is (571) 272-4497. The examiner’s e-mail address is: dave.thomas@uspto.gov. The examiner can normally be reached on Mon-Fri 11:30-7:30.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Posigian can be reached on (. The fax phone number for the organization where this application or proceeding is assigned is (571) 273-8300.
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/David B. Thomas/
Primary Examiner, Art Unit 3723
/DBT/
Prosecution Insights