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 and 3-13 are finally 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 "the first positioning groove or the second positioning groove" in line 23. There is insufficient antecedent basis for this limitation in the claim.
Further regarding claim 1, “second slot”, line 18, is improper, since there is no first slot being claimed earlier. Also, specification describes a second groove 46 defined in a bottom surface of the first groove 45 [0045]
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
PNG
media_image1.png
504
730
media_image1.png
Greyscale
Claims 1 and 3-13 are finally rejected under 35 U.S.C. 103 as being unpatentable over Hsiao (6,412,373) in view of Eagle (1,380,643)
Hsiao discloses all of the limitations of claim 1, i.e., a tool handle with a handle that is rotatable, comprising:
a tool head 10,
a tool bar 20, and
the handle 30, Fig. 7 annotated below, configured to be manually operated by a human hand or foot;
[AltContent: arrow][AltContent: textbox (HANDLE)]wherein the tool head, the tool bar, and the handle are disposed in a same plane Fig. 3 ; the tool head 10 is connected to a first end of the tool bar Fig. 3; the handle 30 is rotatably connected to a second end, away from the tool head, of the tool bar 20 through a first rotating structure 22, 31; the handle is switched between a first position Fig. 7 and a second position Fig. 4;
when in the first position Fig. 7, a central axis of the handle defined by 30 is parallel to a central axis of the tool head defined by 10;
when in the second position Fig. 4, the central axis of the handle defined by 30 and a central axis of the tool bar defined by 10 are on a same line;
PNG
media_image6.png
360
340
media_image6.png
Greyscale
[AltContent: arrow][AltContent: connector][AltContent: textbox (SPRING)]wherein the first rotating structure @12, 21, Fig. 3 partially shown here comprises a first connecting head 31, a first positioning ball 262, and a second connecting head 22;
wherein a first groove 221 is defined on the second connecting head 22;
wherein the first connecting head 31 is inserted into the first groove 221 and is rotatable in the first groove Fig. 7;
wherein the first connecting head 31 is rotatably disposed in the first groove through a first rotating shaft 60;
wherein a second slot groove 26, Fig. 3 is defined in a bottom surface of the first groove 221;
wherein the first positioning ball 262 is extendable or retractable from the second slot Fig. 5;
wherein the first positioning ball 262 is movably installed in the second slot/groove Fig. 5;
the first positioning ball 262 is connected to a bottom surface of the second groove through a first spring annotated above, spring/ball 262 Figs. 3-5;
wherein the first arced portion of the ball 262 is configured to be fitted with the first positioning groove or the second positioning groove;
wherein a first positioning groove 311 and a second positioning groove 311, Fig. 3 are defined on a side wall of the first connecting head;
wherein the first positioning column 226 is configured to be inserted into the first positioning groove 221 or the second positioning groove 26 to enable the handle to switch between the first position and the second position;
PNG
media_image8.png
184
182
media_image8.png
Greyscale
wherein a surface of the side wall of the first connecting head between the first positioning groove and the second positioning groove is a first arc-shaped curved surface 31E, Fig. 3 partially shown here, except for the tool bar to have a greater length than that of the tool head positioning column instead of a positioning ball; for a positioning column instead of a positioning ball and wherein there is disposed a first spherical protrusion on one end of the first positioning column facing towards the first connecting head.
PNG
media_image9.png
271
418
media_image9.png
Greyscale
Regarding the length of the tool bar, it would have been obvious to one having ordinary skill in the art, before the effective date of the invention, to modify the invention with regards to dimension or desired size, e.g., form the bar longer that that of the tool head, for accessibility in adapting the tool for a particular application, since such modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955).
PNG
media_image10.png
248
239
media_image10.png
Greyscale
[AltContent: arrow][AltContent: textbox (SPHERICAL
PROTRUSION)]Eagle teaches an angularly adjustable driving tool having a biasing system comprising a spring and a column 8, wherein there is disposed a first spherical protrusion annotated Fig. 2 partially shown here on one end of the first positioning column 8 facing towards a first connecting head 6 and configured to be fitted with a positioning groove 7.
It would have been obvious to one of ordinary skill in the art, before the effective date of the invention, to modify the invention of Hsiao with the spring/column detent having a protrusion, as taught by Eagle for a simply constructed, inexpensive and durable wrench and/or as an alternative and more solid means of biasing the parts.
Regarding claim 3, PA (prior art, Hsiao modified by Eagle) meets the limitations, i.e., the tool handle according to claim 1, except for the first connecting head 31 to be disposed on the tool bar 20, the second connecting head 22 to be disposed on the handle 30. It would have been obvious to one having ordinary skill in the art, before the effective date of the invention, to form the ears 22/second connecting head on the handle and the pivot end 31/first connecting head, on the tool bar as an alternative means of achieving the same results, e.g., structurally stronger tool bar, since it has been held that a mere reversal of the essential working parts of a device involves only routine skill in the art. In re Einstein, 8 USPQ 167.
Regarding claim 4, PA meets the limitations, i.e., the tool handle according to claim 1, wherein first limiting protrusions shoulders 310 are respectively disposed on one side of the first positioning groove 311 away from the first arc-shaped curved 31E surface and one side of the second positioning groove 311 away from the first arc-shaped curved surface Fig. 3 partially shown above.
Regarding claim 5, PA meets the limitations, i.e., the tool handle according to claim 1, wherein the tool head 10 has a TORX driver hole structure 110, and the tool head is fixedly connected to the tool bar Fig. 3. Note that the hole 110 is readily capable of receiving a TORX driver instead of a hexagonal shown.
PNG
media_image12.png
255
447
media_image12.png
Greyscale
PNG
media_image13.png
163
560
media_image13.png
Greyscale
PNG
media_image14.png
357
467
media_image14.png
Greyscale
Regarding claim 6, PA meets the limitations, i.e., the tool handle according to claim 1, wherein the tool head 10 is of a hexagonal rod-shaped structure 70 or a quadrangular rod-shaped structure; the tool head 10/70 is rotatably connected to the tool bar 30 through a second rotating structure 12, 21; the tool head is switched between a third position Fig. 6 and a fourth position Fig. 5; when in the third position, the central axis of the tool head 10 intersects the central axis of the tool bar 30; when in the fourth position Fig. 6, the central axis of the tool head 10 and the central axis of the tool bar are on the same line Fig. 5.
Regarding claim 7, PA meets the limitations, i.e., the narrative/functional language of the tool handle according to claim 6, wherein the tool handle 30 comprises three states: in a first state Fig. 6, the tool head 10 is switched to the third position Fig. 7, handle perpendicular to the bar, the handle is switched to the first position Fig. 4, handle in same line/parallel, the handle and the tool head are respectively disposed on different sides of the tool bar, and the tool handle is in a Z-shaped structure Fig. 7; in a second state, the tool head 10 is switched to the third position head intersects the bar, the handle 30 is switched to the second position handle and bar on the same line, and the tool handle is in an L-shaped structure; in a third state, the tool head is switched to the fourth position, the handle is switched to the second position, and the tool handle is in an I-shaped structure. Note that two swivel joints as disclosed by Hsiao, similar to instant application is at least capable of providing first through fourth positioning of the head, bar and the handle.
Regarding claim 8, PA meets the limitations, i.e., the tool handle according to claim 7, wherein a structure of the second rotating structure 12, 21 is same as a structure of the first rotating structure 22, 31, Fig. 3.
PNG
media_image18.png
183
324
media_image18.png
Greyscale
Regarding claim 9, PA meets the limitations, i.e., the narrative/functional language of the tool handle according to claim 6, wherein the tool head 10/70 is switchable to a fifth position Fig. 7; in the fifth position, the central axis of the tool head defined by 10 intersects the central axis of the tool bar; the tool head in the third position and the tool head in the fifth position are relatively located on two sides of the central axis of the tool bar Figs. 6, 7; wherein the tool handle comprises following states: in a first state, the tool head is switched to the third position figs. 4, 7, the handle is switched to the first position, and the handle and the tool head are located on different sides of the tool bar; the tool handle is of a Z-shaped structure Fig. 7; in a second state, the tool head is switched to the third position e.g., Fig. 6, the handle is switched to the second position parallel/same line, and the tool handle is of an L-shaped structure Fig. 7, at least capable of assuming in a third state, the tool head is switched to the fourth position, the handle is switched to the second position, and the tool handle is of an I-shaped structure Fig. 4, in a fourth state, the tool head is switched to the fifth position, the handle is switched to the second position, and the tool handle is of an L-shaped structure Fig. 6, in a fifth state, the tool head is switched to the fifth position, the handle is switched to the first position, the handle and the tool head are located on the same side of the tool bar, and the tool handle is of a U-shaped structure not shown but provided by Fig. 7 with handle 30 rotated 180 degrees clockwise.
Regarding claim 10, PA meets the limitations, i.e., the tool handle according to claim 9, wherein the second rotating structure 12/21 comprises a third connecting head 12, a second positioning column 252, and a fourth connecting head 21;
wherein a third groove defined by ears 211 is defined on the fourth connecting head 21; the third connecting head 12 is inserted into the third groove and is rotatable in the third groove Fig. 3; the third connecting head 12 is rotatably disposed in the third groove through a second rotating shaft 50; a fourth groove 25 is defined in a bottom surface of the third groove 211; the second positioning column 252 is extendable or retractable from the fourth groove Fig. 5; the second positioning column 252 is movably installed in the fourth groove; the second positioning column 252 is connected to a bottom surface of the fourth groove through a second spring Fig. 3;
a third positioning groove 121, a fourth positioning groove 121, and a fifth positioning groove 121 are defined on an end portion of the third connecting head Fig. 3; the second positioning column 252 is inserted into the third positioning groove Fig. 5, the fourth positioning groove, or the fifth positioning groove to enable the tool head to switch between the third position e.g., Fig. 6, the fourth position e.g., Fig. 5, and the fifth position e.g., Fig. 6 with 30 rotated 180 degrees CCW; a surface, between the third positioning groove 121 and the fourth positioning groove 121, of the end portion of the third connecting head 12 and a surface, between the fourth positioning groove 121 and the fifth positioning groove 121, of the end portion of the third connecting head are second arc-shaped curved surfaces.
Regarding claim 11, PA meets the limitations, i.e., the tool handle according to claim 1, except for the third connecting head/pivot end 12 to be disposed on the tool bar 20, the second connecting head/ears 21 to be disposed on the tool head 10. It would have been obvious to one having ordinary skill in the art, before the effective date of the invention, to form the ears 21/fourth connecting head on the head and the pivot end 21/third connecting head, on the tool bar as an alternative means of achieving the same results, e.g., structurally stronger tool bar, since it has been held that a mere reversal of the essential working parts of a device involves only routine skill in the art. In re Einstein, 8 USPQ 167.
Regarding claim 12, PA meets the limitations, i.e., the tool handle according to claim 10, wherein second limiting protrusions steps defined by shoulders as annotated in Fig. 3, here are respectively disposed on one side of the third positioning groove away from the second arc-shaped curved surfaces and one side of the fifth positioning groove away from the second arc-shaped curved surfaces; a second spherical protrusion defined by 252, i.e., contacting end is disposed on one end of the second positioning column 252 close to the third connecting head 12; the second spherical protrusion is matched with the third positioning groove, the fourth positioning groove, and the fifth positioning groove Figs. 3-5.
Regarding claim 13, PA meets the limitations, i.e., the tool handle according to claim 1, wherein when the handle is switched is switched to the first position, an angle between the handle and the tool bar is 85-95 degrees e.g., Fig. 7.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Response to Arguments
Applicant's arguments filed November 20, 2025 have been fully considered but they are not persuasive.
Applicant’s arguments with respect to claim 1, have been considered but are moot because the new ground of rejection clearly discloses the positioning column argued.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HADI SHAKERI whose telephone number is (571)272-4495. The fax phone number for forwarding unofficial documents for discussion purposes only is (571) 273-4495. The examiner can normally be reached on M-F.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Keller can be reached on 571 272 8548. The fax number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/Hadi Shakeri/
September 1, 2025 Primary Examiner, Art Unit 3723