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 .
Election/Restrictions
Applicant’s election without traverse of invention I in the reply filed on November 17, 2025 is acknowledged. Claims 16-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention II, there being no allowable generic or linking claim.
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(s) 1-4, 8 and 10-12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Croisier FR 1065796A.
Croisier discloses an apparatus capable of compressing a vehicle subframe, comprising: a first block (3); a second block (1) spaced from the first block; a first connector (2) extending between the first block and the second block; a second connector (2) extending between the first block and the second block; and a drive assembly (9) extending through the second block, the drive assembly comprising: a drive shaft (7) comprising a head section (9), a threaded section (7), and an end section (not labeled connected to 4), the threaded section disposed between the head section and the end section, and a drive cap (4) coupled to the drive shaft.
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As for claim 2, Croisier discloses wherein the first connector (2) and the second connector (2) fixedly couple (threaded ends with nuts securing to 3 and 1) the first block (3) to the second block (1).
As for claim 3, Croisier discloses wherein the drive cap (4) comprises: a shaft section (pin attachment between 4 and 7) received in a retention opening (opening receiving pin) formed in the end section of the drive shaft; and a head section () disposed outside of the retention opening. Croisier further discloses a socket formed on the carriage (4) and shaft attachment formed on the central screw (7) which is a reversal of parts compared to the claimed invention. It thus would have been obvious through routine engineering as a mere reversal of parts to modify the socket attachment on the central screw and the shaft attachment on the carriage (In reGazda, 219 F.2d 449, 104 USPQ 400 (CCPA 1955)).
As for claim 4, Croisier discloses wherein the head section of the drive cap (4) comprises an outer shoulder (not labeled, see Fig. 4) and a tip (6) protruding relative to the outer shoulder.
As for claim 8, Croisier discloses wherein the drive assembly further comprises a retention sleeve comprising: a sleeve section (8) extending through the second block (3); and an outer shoulder section (connected to 9) configured to abut against an outer surface of the second block (see Fig. 1 above).
As for claim 10, Croisier discloses wherein the retention sleeve (8) comprises a threaded inner surface (threaded mating with 7), and a threaded outer surface (attachment to base 3, see Fig. 2) of the threaded section of the drive shaft (7) is threaded into the threaded inner surface.
As for claim 11, Croisier discloses wherein the first connector (2) and the second connector (2) each comprises: a middle section comprising a first outer shoulder (diameter of connector 2 is larger than threaded ends, dashed lines in 3 and 4 of connector 2, creating a shoulder) configured to abut against the first block and a second outer shoulder (diameter of connector 2 is larger than threaded ends, dashed lines in 3 and 4 of connector 2, creating a shoulder) configured to abut against the second block; a first end section configured to extend through the first block; and a second end section configured to extend through the second block, wherein the first end section and the second end section have an outer diameter that is smaller than an outer diameter of the first outer shoulder and the second outer shoulder (diameter of connector 2 is larger than threaded ends, dashed lines in 3 and 4 of connector 2, creating a shoulder, see Fig. 1).
As for claim 12, Croisier discloses an engagement plate (5) received in a retention opening (slot fixed attachment, see Fig. 1 and 2) formed in the first block (1).
Claim(s) 1-2 and 12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Rock US 1449551.
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Rock discloses an apparatus capable of compressing a vehicle subframe, comprising: a first block (9); a second block (3) spaced from the first block; a first connector (6) extending between the first block and the second block; a second connector (6) extending between the first block and the second block; and a drive assembly (2) extending through the second block, the drive assembly comprising: a drive shaft comprising a head section (1), a threaded section (2), and an end section (end of 2), the threaded section disposed between the head section and the end section, and a drive cap (5) coupled to the drive shaft.
As for claim 2, Rock discloses wherein the first connector (6) and the second connector (6) fixedly couple the first block to the second block (See Fig. 1, screws attaching 6 to 3 and 9).
As for claim 12, Rock discloses an engagement plate (8) received in a retention opening (dashed lines in Fig. 1) formed in the first block.
Claim(s) 1-2 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hofmeister et al. DE 202011107229 U1.
Hofmeister discloses an apparatus capable of compressing a vehicle subframe, comprising: a first block (36); a second block (34) spaced from the first block; a first connector (38) extending between the first block and the second block; a second connector (40) extending between the first block and the second block; and a drive assembly (6) extending through the second block, the drive assembly comprising: a drive shaft (10) comprising a head section (18), a threaded section (24), and an end section (26), the threaded section disposed between the head section and the end section, and a drive cap (28) coupled to the drive shaft.
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As for claim 2, Hofmeister discloses wherein the first connector (38) and the second connector (40) fixedly couple (via screws not labeled) the first block (36) to the second block (34).
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.
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hofmeister et al. DE 202011107229 U1 in view of Welch US 4562631.
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Hofmeister discloses all the limitations as recited above but does not specify wherein each of the first block and the second block comprises a hollow frame. However, the use of hollow frame blocks to form a tool for pulling is well known in the art as evidence by Welch who teaches a pulling tool having a hollow frame (12, 14, 16) to reduce weight of the overall tool. It would have been obvious to one of ordinary skill in the art, before the effective filing date, to substitute the solid frame of Hofmeister with a hollow frame as taught by Welch in order to provide a lighter weight tool.
Allowable Subject Matter
Claims 14-15 are allowed.
Claims 5-7 and 13 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.
The following is a statement of reasons for the indication of allowable subject matter: The claims in the application are deemed to be directed to a nonobvious improvement over the prior art. The claims recite further structural limitations to the drive assembly and engagement plate that the prior art of record fails to disclose, teach or suggest alone or in combination. The prior art of record fails to disclose an engagement plate having a second protrusion having a first and second opening in a planar outer surface and an edge of a second protrusion as claimed. The prior art of record further fails to disclose a first and second apparatus having a first engagement plate having a first alignment interface aligned along a first direction and a second engagement plate having a second alignment interface aligned along a second direction that is non-parallel to the first direction. For the above reasons, the claims overcome the prior art of record.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TYRONE V HALL JR whose telephone number is (571)270-5948. The examiner can normally be reached Mon.-Fri. 7:30am-3:30pm.
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/TYRONE V HALL JR/Primary Examiner, Art Unit 3723