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
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
CLAIM INTERPRETATION
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as "configured to" or "so that"; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
Claim Objections
Claim 6, is objected to because of the following informalities: It includes the following symbol “
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” in Line 7. 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)(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.
Claims 1 and 7-9 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by KO (2023/0067695, i.e. the embodiment in Figures 1-6).
In reference to claim 1, KO discloses a quick-release torque device (10), including:
a main body (formed from 11, 12 and 31) including a receiving hole (i.e. opening 311 located within element 31, Figures 1 and 3), a connecting hole (121) for assembling of a driven member (90), and a through hole (122) in communication with the receiving hole and the connecting hole, the receiving hole and the connecting hole being respectively opened on opposing sides of the main body (Figure 3);
an annular magnetic member (21) fixedly received in the through hole; and
a push rod (222) movably inserted within the through hole and the annular magnetic member (Figures 4-6).
In reference to claim 7, KO discloses that an end face (i.e. lower end face thereof) of the push rod is retractable to be located within the annular magnetic member (Figure 4).
In reference to claim 8, KO discloses that an annular side face (i.e. upper side face of 21 in annotated figure below) of the annular magnetic member and the main body define an annular gap (see 1st and 2nd interpretations below) therebetween, and the annular gap expands radially inward (i.e. along the bottom of element 31).
[AltContent: textbox (1st Interpretation of annual gap)][AltContent: textbox (2nd Interpretation of annual gap)][AltContent: ][AltContent: ]
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In reference to claim 9, KO discloses that the annular magnetic member is entirely within the through hole and does not extend to be within the connecting hole (Figure 3).
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.
Claims 1-9 are rejected under 35 U.S.C. 103 as being unpatentable over Foreign Reference (DE 202013104245, translation included herewith) in view of Stillwagon (3630108) and KO (2023/0067695) or Voelkel (DE 10151876, translation included herewith).
In further reference to claim 1, Foreign Reference discloses a quick-release torque device (Figures 3-9), including:
a main body (formed from 30 and 31) including a receiving hole (316, Figure 6), a connecting hole (311) for assembling of a driven member, the receiving hole and the connecting hole being respectively opened on opposing sides of the main body (Figure 6);
and a push rod (351) movably inserted within the through hole (see Figure s7 and 8).
Foreign Reference lacks,
having the main body including a through hole in communication with the receiving hole and the connecting hole;
an annular magnetic member fixedly received in the through hole; and
having the push rod being movably inserted within…the annular magnetic member.
However, Stillwagon teaches that it is old and well known in the art at the time the invention was made to provide a similar main body (i.e. socket 15) comprising; a connecting hole (20) for assembling of a driven member (i.e. hex shaped member, Column 2, Lines 23-24) and a through hole (formed from inner hole 24 or from holes 23 and 24. Note; hole 23 is similar to the partition hole of Foreign Reference, see figure below) in communication with the receiving hole (i.e. receiving hole 316 when combined with Foreign Reference or hole 24 is in communication with receiving hole 23 which is similar to the partition hole of Foreign Reference, see figure below) and the connecting hole (Figure 1), wherein an annular magnetic member (25) is fixedly received in the through hole (i.e. hole 24).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to modify the main body, of Foreign Reference, with the known technique of providing a main body including the through hole for receiving the annular magnetic member, as taught by Stillwagon, and the results would have been predictable. In this situation, one could provide a more advantageous and versatile device having an improved fastener-driving magnetic tool…so that the magnet…is more effectively/positively retained..., thereby eliminating the need for machining the inner pole piece within close tolerances and…eliminates the need for forming a smooth inner surface on the magnet… and which provides maximum magnet utilization (see Column 1, Lines 45-59).
Next, KO teaches that it is old and well known in the art at the time the invention was made to provide a similar main body (i.e. socket 12, Figure 3) having a push rod (222) that is movably inserted within…an annular magnetic member (21, see Figures 3 and 4).
In addition, Voelkel teaches that it is old and well known in the art at the time the invention was made to provide a similar main body (i.e. socket 1, Figure 1) having a push rod (12) that is movably inserted within…an annular magnetic member (11, see Abstract).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to modify the push rod, of Foreign Reference, with the known technique of providing a push rod that is movably inserted within the annular magnetic member, as taught by KO or Voelkel, and the results would have been predictable. In this situation, one could provide a more advantageous and versatile one-hand bit releasing tool (see paragraph 1 of KO) or that provides a guaranteed ejection function (see following portion of translation; “Since the longitudinal leg 12 of the plunger-shaped ejection element 13 passes through the inner opening of the ring magnet 11 practically without play, chips or iron abrasion, which is attracted by the magnet 11 , cannot get into the area of the coil spring 14 , so that it cannot jam or jam and that Ejection function is guaranteed.” ).
In reference to claim 2, Foreign Reference discloses further including an elastic member (36), wherein the main body further includes a partition (see figure below) extending radially and located between the receiving hole (316) and the connecting hole (311), the through hole (at least in part) is disposed through the partition (see “Hole within Partition” in the figure below), the push rod includes a head portion (352) received in the receiving hole and a body portion (351) extending from the head portion and inserted in the through hole (i.e. within the partition) and the annular magnetic member (note; portion 351 of Foreign Reference would be further extended such that it extends through the magnet, as previously taught by Voelkel), and the elastic member is disposed between the head portion and the partition (Figures 3-9).
[AltContent: textbox (Partition)]
[AltContent: textbox (Hole within magnet that forms another part of the through hole and the large diameter section)][AltContent: textbox (Hole within Partition that forms a part of the through hole and the small diameter section)][AltContent: connector][AltContent: connector][AltContent: arrow][AltContent: textbox (Through hole formed from these two inner openings )][AltContent: connector][AltContent: connector][AltContent: textbox (Magnet as taught by Stillwagon)][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: rect][AltContent: arrow][AltContent: rect]
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In reference to claim 3, Foreign Reference discloses that the head portion is outwardly convex and protrusive (i.e. to the left of 317 as seen in the figure below) beyond the receiving hole (see figure below).
[AltContent: arrow][AltContent: connector]
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[AltContent: textbox (Outwardly convex portion of head)]
In reference to claim 4, Foreign Reference discloses that the main body further includes a first flange (i.e. left 317 in Figure 6) extending along a periphery of the receiving hole and extending radially inward, and the head portion is axially blockable by the first flange (see following portion of translation; “The position limiting means is as a stop edge 317 executed to the pressed part 352 of the separator 35 to block and limit, and the stop margin 317 is at the end edge of the receiving opening 316 of the tool seat 31 shaped by stamping presses.”).
In reference to claim 5, Foreign Reference discloses that the main body further includes a handle (30, Figure 4) and a barrel (31) rotatably inserted in the handle, and the barrel includes the receiving hole, the connecting hole and the through hole (Figure 5).
In reference to claim 6, Foreign Reference discloses that the elastic member is a conical coil spring disposed around the body portion (Figure 3); the head portion is outwardly convex and protrusive beyond the receiving hole (see annotated figure on page 10 above); the main body further includes a handle (30) and a barrel (31) rotatably inserted in the handle, and the barrel includes the receiving hole, the connecting hole and the through hole (Figure 5); the barrel is connected to the handle and unidirectionally rotatable relative to the handle (i.e. from switch/lever 34); the through hole includes a small diameter section (formed from the “Hole within Partition” of Foreign Reference as shown in the annotated figure on page 9 above or from hole 23 or from holes 23 and 24, as previously taught by Stillwagon) in communication with the receiving hole and a large diameter section (formed from the “Hole within magnet” of Foreign Reference as shown in the annotated figure on page 9 above or from hole 24, as previously taught by Stillwagon) in communication with the connecting hole, and the annular magnetic member is fixed in the large diameter section (see annotated figure on page 9 above); the annular magnetic member includes two openings (i.e. upper and lower openings) expanding outward, and one of the two openings (i.e. upper opening) facing the small diameter section has a diametric dimension larger than a diametric dimension of the small diameter section (see the different diameter sections in the annotated figure on page 9 above).
In reference to claim 7, KO shows that an end face (222) of the push rod is retractable to be located within the annular magnetic member (Figures 3 and 4). And, Voelkel also shows that an end face (right face of 12 in Figure 1) of the push rod is retractable to be located within the annular magnetic member (Figure 1).
In reference to claim 8, Stillwagon discloses that an annular side face (i.e. upper side face of 25 in annotated figure below) of the annular magnetic member and the main body define an annular gap (see figure below) therebetween, and the annular gap expands radially inward (i.e. along the bottom of element 33).
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In addition, KO discloses that an annular side face (i.e. upper side face of 21 in annotated figure below) of the annular magnetic member and the main body define an annular gap (see 1st and 2nd interpretations below) therebetween, and the annular gap expands radially inward (i.e. along the bottom of element 31).
[AltContent: textbox (1st Interpretation of annual gap)][AltContent: textbox (2nd Interpretation of annual gap)][AltContent: ][AltContent: ]
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In reference to claim 9, Stillwagon discloses that the annular magnetic member is entirely within the through hole (24) and does not extend to be within the connecting hole (20, Figure 1). KO discloses that the annular magnetic member is entirely within the through hole and does not extend to be within the connecting hole (121, Figure 3).
Claim 5, is also rejected under 35 U.S.C. 103 as being unpatentable over KO (2023/0067695, i.e. the embodiment in Figures 1-6) in view of KO (2023/0067695 i.e. the second embodiment in Figures 7 and 8).
In further reference to claim 5, KO (i.e. the embodiment in Figures 1-6) discloses the claimed inventions as previously mentioned above and further discloses that the main body further includes a handle (11), but lacks,
a barrel rotatably inserted in the handle, and the barrel includes the receiving hole, the connecting hole and the through hole.
However, KO teaches (i.e. the second embodiment in Figures 7 and 8) that it is old and well known in the art at the time the invention was made to provide a similar tool (Figure 7) including a second embodiment (Figure 7) having a barrel (40) that is rotatably inserted in a handle (411), and the barrel includes the receiving hole, the connecting hole and the through hole as previously disclosed with respect to the embodiment in Figures 1-6, see paragraph 22).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to modify the tool in the embodiment in Figures 1-6, of KO, with the known technique of providing a similar tool including the barrel that is rotatably inserted in the handle, and includes the receiving hole, the connecting hole and the through hole, as taught by second embodiment in Figures 7 and 8 of KO, and the results would have been predictable. In this situation, one could provide a more advantageous and versatile device that also more effectively controls the direction of rotation to further improve the operation easiness for the operator (see paragraph 23).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Estes (3240087) discloses a socket (8) having a magnet (22) therein, wherein a chamber (12) is provided above the magnet and below a partition hole (i.e. within 16, Figure 3).
Hung (2011/0067532) also shows that it is known to provide a socket (3) with magnet (2) and with an annular gap (space above 2 in Figure 4) that expands radially inward.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT J SCRUGGS whose telephone number is (571)272-8682. The examiner can normally be reached M-F 6-2.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Posigian can be reached at 313-446-6546. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ROBERT J SCRUGGS/Primary Examiner, Art Unit 3723