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 .
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 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.
Status of Claims
Claims 1 – 18 are pending.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 07/26/2023 was filed before the first office action. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1, 3, 6, 12 – 13 and 15 – 17 are rejected under 35 U.S.C. 103 as being unpatentable over Chiu (U. S. Patent Publication No. 2019/0134831 A1) in view of Polei (U. S. Patent No. 7,647,702 B2).
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Regarding Independent Claim 1, Chui teaches a scraper tool (scraper tool, 10; Fig. 1) comprising: a first clamping part (first holding member, 20) provided with a first clamping portion (first holding portion, 21; Fig. 2) and a first connecting portion (first connecting portion, 22) and including a first slot (first through-groove, 23) arranged between the first clamping (21) and the first connecting (22) portions; a second clamping part (second holding member, 30) provided with a second clamping portion (second holding portion, 31) and a second connecting portion (second connecting portion, 32) and including a second slot (second through-groove, 33) arranged between the second clamping (31) and the second connecting portions (32; Fig. 2), wherein the second connecting portion (32) is connected to the first connecting portion (22; Fig. 1); a tightening mechanism (locking device, 40) provided with a slidable portion (sliding rod, 451) slidably engaged in the first (23) and the second (33) slots (Fig. 2) to movably connect to the first (21) and the second (31) clamping parts (Fig. 2), wherein the tightening mechanism (40) is movable to a tightening position (Fig. 3) in which the first (21) and the second (31) clamping parts are close to one another for tightly holding a blade therebetween (Fig. 3; Paragraph [0027]) and an untightening position (Fig. 4) in which the first (21) and the second (31) clamping parts are apart from one another (Fig. 4) for allowing the blade to be dissembled therefrom (Paragraph [0027]).
Chui does not teach a locking mechanism including a locking member selectively restraining the tightening mechanism movably connected to the first clamping part, wherein the locking member is movable to a locking position and an unlocking position, wherein when the tightening mechanism is in the tightening position and the locking member is in the locking position, the locking member is unmoved and the tightening mechanism is restrained by the locking member to keep in the tightening position, and wherein when the locking member is in the unlocking position, the tightening mechanism is movable to the tightening and untightening positions.
Polei, however, teaches a tightening mechanism (lockable stop device, 24 with screw element, 29) and a locking mechanism (holder, 12) including a locking member (shoulder, 31) selectively restraining the tightening mechanism (29) movably connected to the first clamping part (housing face, 37), wherein the locking member (31) is movable to a locking position (Fig. 2) and an unlocking position (Fig. 4), wherein when the tightening mechanism (29) is in the tightening position and the locking member is in the locking position (Fig. 2), the locking member is unmoved and the tightening mechanism is restrained by the locking member to keep in the tightening position (Fig. 2), and wherein when the locking member is in the unlocking position (Fig. 4), the tightening mechanism is movable to the tightening and untightening positions (Fig. 4).
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It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the tool of Chui to further include a locking mechanism including a locking member selectively restraining the tightening mechanism movably connected to the first clamping part, wherein the locking member is movable to a locking position and an unlocking position, wherein when the tightening mechanism is in the tightening position and the locking member is in the locking position, the locking member is unmoved and the tightening mechanism is restrained by the locking member to keep in the tightening position, and wherein when the locking member is in the unlocking position, the tightening mechanism is movable to the tightening and untightening positions, as taught by Polei, to provide a tool with reinforcement of the locking position and prevents failure after excessive use.
Regarding Claim 3, Chui, as modified, teaches the scraper tool as claimed in claim 1, as discussed above.
Chui does not teach the locking member is provided with a stopping portion selectively stopping the tightening mechanism facing the first clamping portion and a guided portion opposite the stopping portion, wherein when the locking member is in the locking position and the tightening mechanism is in the tightening position, the slidable portion abuts against the stopping portion to allow the tightening mechanism to keep in the tightening position, and wherein when the tightening mechanism is in transition from the untightening to the tightening positions, the slidable portion is adapted to push the guided portion to guide the locking member toward its unlocking position.
Polei, however, teaches the locking member (31) is provided with a stopping portion (contact surface, 32; Fig. 4; Col. 6, lines 4 – 9) selectively stopping the tightening mechanism (29) facing the first clamping portion (Fig. 2) and a guided portion (slide portion formed on 12 between 37 and 32; Fig. 4) opposite the stopping portion (32), wherein when the locking member (31) is in the locking position and the tightening mechanism is in the tightening position (Fig. 2), the slidable portion (screw portion of 29) abuts against the stopping portion (32) to allow the tightening mechanism (29) to keep in the tightening position (Fig. 2), and wherein when the tightening mechanism (29) is in transition from the untightening to the tightening positions, the slidable portion (screw portion of 29) is adapted to push the guided portion (slide portion formed on 12 between 37 and 32; Fig. 4) to guide the locking member toward its unlocking position (Fig. 2 and Fig. 4).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the tool of Chui to further include the locking member is provided with a stopping portion selectively stopping the tightening mechanism facing the first clamping portion and a guided portion opposite the stopping portion, wherein when the locking member is in the locking position and the tightening mechanism is in the tightening position, the slidable portion abuts against the stopping portion to allow the tightening mechanism to keep in the tightening position, and wherein when the tightening mechanism is in transition from the untightening to the tightening positions, the slidable portion is adapted to push the guided portion to guide the locking member toward its unlocking position, as taught by Polei, to provide a tool with reinforcement of the locking position and prevents failure after excessive use.
Regarding Claims 6, Chui, as modified, teaches the scraper tool as claimed in claim 1, as discussed above.
Chui as modified by Polei does not explicitly teach wherein the locking mechanism includes a biasing member held between the locking member and the first clamping part biasing the locking member to the locking position; however, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the tool of Chui as modified by Polei to further include a biasing member, as claimed, since it has been held to be within the general skill of a worker in the art to select a known connection on the basis of its suitability for the intended use (MPEP 2144.07).
Regarding Claim 12, Chui, as modified, teaches the scraper tool (scraper tool, 10; Fig. 1) wherein the first clamping part (21) is provide with a first side (Fig. 2) adjacent to the second clamping part (31) and a second side (Fig. 3 opposite the first side (Figs. 2 and 3), wherein the first clamping part (21) defines a first surface on the second side (Fig. 2), wherein the first connecting portion (22) defines a through hole (Fig. 2) and the second connecting portion (32) is provided with a flexible portion (swaying portion, 35) and a hooking portion (hook, 36), and wherein the flexible portion (35) is arranged in the through hole (22) and the hooking portion (36) passes through the through hole (22) and is hooked onto the first surface upon connection of the first (22) and the second (32) connecting portions (Fig. 3).
Regarding Claim 13, Chui, as modified, teaches the scraper tool (scraper tool, 10; Fig. 1) wherein the second clamping part (31) is provided with a first side adjacent to and facing the first side of the clamping part (21; Fig. 2) and a second side opposite the first side (Figs. 2 and 4), wherein the second clamping part (31) defines a second surface on the second side (Figs. 3 and 4), wherein the tightening mechanism (40) includes the slidable portion (451) forming a slidable member (Fig. 2), wherein the tightening mechanism (40) includes a securing member (441) engaged with one end of the slidable member (451) configured for preventing the slidable member (451) disengaging from the first and the second slots (Fig. 3) and a control handle (45) protruding from another end of the slidable member (451) configured for allow a user to control the tightening mechanism (40), wherein the securing member (441) is provided with a fastening portion (441) engaged with the slidable member (451) and a pressing portion (453), wherein the pressing portion (453) and the first surface include a first gasket (42) disposed therebetween (Fig. 2), wherein an end of the control handle (45) and second surface include a second gasket (41) disposed therebetween (Fig. 2), wherein the first gasket (42) is provided with a first abutting portion abutting against the first surface (Fig. 2) and the second gasket (41) is provided with a second abutting portion abutting against the second surface respectively (Fig. 2), wherein the fastening portion (441) is inserted through the first gasket and the first slot (Fig. 2), wherein the slidable member (451) is inserted through the second gasket and the second slot (Fig. 2), and wherein the control handle (45) is provided with an activating portion on which a user’s finger is adapted to press (Fig. 2).
Regarding Claim 15, Chui, as modified, teaches the scraper tool (scraper tool, 10; Fig. 1) wherein the securing member (441) and the slidable member (451) are in thread engagement (Fig. 2).
Regarding Claims 16 and 17, Chui, as modified, teaches the scraper tool as claimed in claims 3 and 4, as discussed above.
Chui as modified by Polei does not teach the guided portion forms an inclined surface; however, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the tool of Chui as modified by Polei to further include the guided portion forms an inclined surface, as claimed, since such a modification would have involved a mere change in the shape/size of a component. A change in shape/size is generally recognized as being within the level of ordinary skill in the art (MPEP 2144.04).
Allowable Subject Matter
Claims 2, 4 – 5 and 7 – 8 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: Although Chui in view of Polei teaches a scraper tool, the references – alone or in combination, fail to teach, suggest or make obvious the first slot is provided with one end adjacent to the first clamping portion and another end adjacent to the first connecting portion, wherein the second slot is provided with one end adjacent to the second clamping portion and another end adjacent to the second connecting portion, and wherein the first clamping part is provided with a chute and the locking member is provided with a connecting portion movably engaged in the chute to movably connect to the first clamping part; as required by claim 2; the locking member is provided with a stopping portion selectively stopping the tightening mechanism facing the first clamping portion, wherein the tightening mechanism includes a limit member provided with a limiting portion selectively contacting which the stopping portion and a guided portion, wherein the limiting portion and the stopping portion face oppositely, wherein when the locking member is in the locking position and the tightening mechanism is in the tightening position, the limiting portion abuts against the stopping portion to allow the tightening mechanism to keep in the tightening position, and wherein when the tightening mechanism is in transition from the untightening to the tightening positions, the guided portion of the limit member is adapted to push the locking member toward its unlocking position; as required by claim 4; the tightening mechanism includes a limit member provided with a first retaining portion and the locking member is provided with a second retaining portion selectively engaged with and disengaged from the first retaining portion, wherein the tightening mechanism is provided with a first guided portion and the locking member is provided with a second guided portion selectively engaged with and disengaged from the first guided portion, wherein the first and the second retaining portion are toothed, wherein when the locking member is in the locking position and the tightening mechanism is in the tightening position, the first and the second retaining portions engage with each other to allow the tightening mechanism to keep in the tightening position, and wherein when the tightening mechanism is in transition from the untightening to the tightening positions, the first guided portion is adapted to push the second guided portion to guide the locking member toward its unlocking position; as required by claim 5; the locking mechanism includes a biasing member held between the locking member and the first clamping part biasing the locking member to the locking position, wherein the first clamping part defines a receptacle and one end of the biasing member is arranged in the receptacle, and wherein the locking member is provided with a mounting portion and another end of the biasing member capped on the mounting portion; as required by claim 7 and ; the locking mechanism includes a biasing member held between the locking member and the first clamping part biasing the locking member to the locking position, wherein the first clamping part defines a first hook hole and the locking member defines a second hook hole respectively, and one end of the biasing member is hooked in the first hook hole while another end of the biasing member is hooked in the second hook hole respectively, wherein the first hook hole and the locking member are arranged on opposite sides of the first slot, and wherein the first and the second hook holes are arranged on opposite sides of the first slot; ; as required by claim 8.
Claims 9 – 11, 15 and 18 are further objected to as dependents of objected claims 2, 4 and 5.
Conclusion
Art made of record, however, not relied upon for the current rejection is as follows: U. S. Patent No. 8,291,598 B2 to Corron et al teaches a retractable blade scraper includes a handle body having a handle rear end and a handle forward end including a forward-end opening. An internal blade-slide cavity extends rearwardly from the forward-end opening toward the handle rear end and is configured to selectively receive a blade through--the forward-end opening. A blade slide housed by the blade-slide cavity includes lower and upper blade slide members between which the blade is selectively retained. A blade-slide actuator is accessible through an actuator slot defined through a wall of the handle body between slot first and second ends. Reciprocation of the actuator between the slot first and second ends reciprocates the blade slide between a rearward blade-storage position in which the blade is housed in the blade-slide cavity and a forward blade-changing position in which the blade protrudes through the forward-end opening to facilitate blade changing. The actuator includes threadably cooperating members that facilitate the alternative clamping of a blade between and release of a blade from between the blade slide members when the blade slide is in the blade-changing position.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KATINA N HENSON whose telephone number is (571)272-8024. The examiner can normally be reached Monday - Thursday; 5:30am to 3:30pm.
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/KATINA N. HENSON/Primary Examiner, Art Unit 3723