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 .
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites the limitation "said torque bits" in line 13. There is insufficient antecedent basis for this limitation in the claim because the claim has not positively provided a torque bit. The torque bit(s) has/have only been cited as what the torque head bit connector is intended to be coupled to, e.g., lines 9-10 state: “for selectively coupling with various torque bits;”. This language is merely a statement of intended use. Furthermore, the claim is unclear as to whether the “torque bit(s)” is/are intended to be a part of the claimed invention.
Claim 4 recites the limitation "said female receiving end of said torque bit” in lines 1 and 2. There is insufficient antecedent basis for this limitation in the claim, as a torque bit has not been positively recited in the independent claim.
Claim 10 recites the limitation "said torque bits” in
line 13. There is insufficient antecedent basis for this limitation in the claim because the claim has not positively provided torque bits. The torque bits have only been cited as what the torque head bit connector is intended to be coupled to, e.g., lines 9-10 state: “for selectively coupling with various torque bits;”. This language is merely a statement of intended use. Furthermore, the claim is unclear as to whether the “torque bits” are intended to be a part of the claimed invention.
Claim 13 recites the limitation "said female receiving end of said torque bit" in lines 1 and 2. There is insufficient antecedent basis for this limitation in the claim, as a torque bit has not been positively recited in the independent claim.
Claim 16 recites the limitation "said torque bits" in
line 13. There is insufficient antecedent basis for this limitation in the claim because the claim has not positively provided torque bits. The torque bits have only been cited as what the torque head bit connector is intended to be coupled to, e.g., lines 9-10 state: “for selectively coupling with various torque bits;”. This language is merely a statement of intended use. Furthermore, the claim is unclear as to whether the “torque bits” are intended to be a part of the claimed invention.
Claim 19 recites the limitation "said female receiving end of said torque bit" in lines 1 and 2. There is insufficient antecedent basis for this limitation in the claim, as a torque bit has not been positively recited in the independent claim.
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)(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, as well as understood, is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 11,413,729 B2 to (Van Essen et al.).
(Van Essen et al.) discloses a torque head bit connector comprising: a chuck coupling portion (drive portion 14, 14a, 14b) for coupling to a power tool and for receiving power from a drive gear of the power tool; wherein said chuck coupling portion having a first male portion including a plurality of planar surfaces and a recessed neck (groove 26, 26a, 26b) for securement in a female chuck of the power tool; wherein said torque head bit connector is configured to rotate using the drive of the power tool to which said chuck coupling portion is selectively attached; a torque bit coupling portion having a second male portion (tip 18, 18a, 18b) for selectively coupling with various torque bits, i.e., has the capacity to selectively couple with various torque bits; wherein said first male portion (14, 14a, 14b) and said second male portion (18, 18a, 18b) are at opposing ends of said torque head bit connector; and further wherein said second male portion (18b) can include a shape comprising a star shape (Van Essen et al. disclose in Col. 2, lines 56-64 that the tip 18, i.e., second male portion, may be other tip configurations (e.g., hexagonal, star, square, etc.);
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Fig. 3B) configuration or a rounded shape configuration.
Claim(s) 1, 2, and 6-8, as well as understood, is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2009/0288523 A1 to (CHEN).
Assuming that “torque bits” are positively recited in the claims, (CHEN) discloses a torque head bit connector (rod 10) for interchangeably mounting torque bits (socket 20), the torque head bit connector comprising: a chuck coupling portion 11 for coupling to a power tool and for receiving power from a drive gear of the power tool; wherein said chuck coupling portion 11 having a first male portion 11 including a plurality of planar surfaces and a recessed neck for securement in a female chuck of the power tool (not labeled but clearly illustrated in Figs. 1-10); wherein said torque head bit connector 10 is configured to rotate using the drive of the power tool to which said chuck coupling portion is selectively attached; a torque bit coupling portion 12 having a second male portion 12 for selectively coupling with various torque bits 20; wherein said first male portion 11 and said second male portion 12 are at opposing ends of said torque head bit connector 10; wherein said torque bits 20 having a female receiving end (first cavity 21) for connecting with said second male portion 12; and further wherein said female receiving end 21 and said second male portion 12 can include a shape comprising a star shape configuration or a rounded shape configuration (in paragraph [0023] – “The wall of the first cavity 21 is shaped compliant to the surface of the sphere 12. That is, the wall of the first cavity 21 also preferably includes six facets; however, it may include any other number of facets corresponding to the surface of the sphere 12.”); said torque head bit connector 10 having hex sided shanks (clearly evident in the drawings); said rounded shape configuration having a plurality of spaced apart edges; said spaced apart edges are curvilinear; and, said spaced apart edges include six edges.
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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) 3-5, as well as understood, is/are rejected under 35 U.S.C. 103 as being unpatentable over (CHEN), as applied to claims 1 and 2 above, as being obvious in view of US 7018298 B1 to (Chiou).
Regarding claims 3 and 4, (CHEN), as applied to claims 1 and 2 above, provides the torque bit head connector as claimed except for failing to provide a magnetic second male portion and a magnetic female receiving end of the torque bit.
(Chiou) provides a pivotal driving tool including a socket having a non-circular cavity formed therein. (Chiou) teaches providing a magnetic member 41 that interacts with the female receiving end (cavity 13) of the torque bit (component 10 and bit 90) assembly, the male end (21, 22) of the torque bit head connector (shaft or mandrel connector), and the bit 90. As such, the magnetic member serves to attract the torque bit and the second male portion of the torque bit head connector to secure (attract) them together.
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Therefore, it would have been obvious to one having ordinary skill in the art at the time of the effective filing date of the invention to have modified (CHEN), as applied to claims 1 and 2 above, by providing a magnetic second male portion and a magnetic female receiving end on the torque bit, as suggested by (Chiou), and having the predictable result of attracting the torque head bit connector and the tool bit to one another such that the torque head bit connector rotates the tool bit to drive a fastener.
Regarding claim 5, both (CHEN) and (Chiou) teach providing a spring biased ball bearing in the second male portion that is compressible within said female receiving end of said torque bit.
Thus, claims 3-5 are obvious over (CHEN) in view of (Chiou).
Claim(s) 9-11, as well as understood, is/are rejected under 35 U.S.C. 103 as being unpatentable over (CHEN), as applied to claims 1, 2, and 6-8 above, as being obvious in view of US 20130019721 A1 to (Starogiannis).
(CHEN), as applied to claims 1, 2, and 6-8 above, provides a torque head bit connector wherein the torque head bit connector cants at an angle from an aligned axis between said torque bit and a fastener. However, (CHEN0 is silent in regard to the degrees of angularity.
(Starogiannis) provides a screw bit and holder system wherein the screw bit is capable of tilting or swiveling in order to work at angles off of perpendicular to a screw head. (Starogiannis) teaches “the bit can be angled from parallel to the axis of the screw bit holder to where it engages the edge of the aperture. In other words, the bit can have an angle of from about zero degrees off axis to as much as about forty-five degrees or more. The optimum maximum angle will depend on the combination of elements of the design as well as the construction materials utilized.” (paragraph [0028]).
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Therefore, it would have been obvious to one having ordinary skill in the art at the time of the effective filing date of the invention to have modified the shape of the second male portion of (CHEN) such that torque head bit connector cants at an angle from 30 degrees to 50 degrees from an aligned axis between said torque bit and a fastener, as taught by (Starogiannis).
Claim(s) 12-20, as well as understood, is/are rejected under 35 U.S.C. 103 as being unpatentable over (CHEN) in combination with (Starogiannis) as applied to claims 9-11 above, and further in view of (Chiou).
(CHEN) in combination with (Starogiannis) as applied to claims 9-11 above, provides a torque head bit connector for interchangeably mounting torque bits as claimed, but fails to provide a magnetic second male portion and a magnetic female receiving portion.
(Chiou), as discussed above, provides a pivotal driving tool including a socket having a non-circular cavity formed therein. (Chiou) teaches providing a magnetic member 41 that interacts with the female receiving end (cavity 13) of the torque bit (component 10 and bit 90) assembly, the male end (21, 22) of the torque bit head connector (shaft or mandrel connector), and the bit 90. As such, the magnetic member serves to attract the torque bit and the second male portion of the torque bit head connector to secure (attract) them together.
Therefore, it would have been obvious to one having ordinary skill in the art at the time of the effective filing date of the invention to have modified (CHEN) in combination with (Starogiannis), as applied to claims 9-11 above, by providing a magnetic second male portion and a magnetic female receiving end on the torque bit, as suggested by (Chiou), and having the predictable result of attracting the torque head bit connector and the tool bit to one another such that the torque head bit connector rotates the tool bit to drive a fastener.
Regarding claim 16, both (CHEN) and (Chiou) teach providing a spring biased ball bearing in the second male portion that is compressible within said female receiving end of said torque bit.
Thus, claims 12-20 are obvious over (CHEN) in view of (Chiou) and further in view of (Starogiannis).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure as describing features related to the present application.
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/