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 1-9 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 “a rod, having an insertion groove disposed thereon and configured for a tool bit to be received therewithin” in Lines 2-3. It is unclear whether the rod, in general, or the insertion groove, in particular, is configured for a tool bit to be received therewithin. Appropriate clarification required.
Claim 1 recites “the axial direction being defined by a longitudinal axis of the tool connecting rod and including opposing directions therealong” in Lines 15-16. The scope of the axial direction including opposing directions is unclear. That is, the limitation is vague as to whether the axial direction somehow includes two further directions or if it itself is meant to be two opposing directions. It is unclear how the opposing directions are defined. This issue also presents further vagueness by referring to the axial direction as a single direction, for example, in Line 18. Appropriate clarification required.
Claim 1 recites “when the engaging portion is engaged with the restriction mechanism, the first magnetic member surrounds a functional end of the tool bit, and the second sleeve member is movable relative to the first sleeve member in a direction toward the assembling end portion to surround and receive the fastener.” The term “when” adds a lack of clarity to the claim because it infers an option. Specifically, it is unclear whether the limitations following the “when” term are even required if “when” does not occur. Furthermore, it is unclear what constitutes the boundaries of the functional end of the tool bit. In addition, the metes and bounds of a direction toward the assembling end portion” are not clearly delineated. The direction does not provide an origin such that it could be any direction, rendering the limitation ambiguously boundless. It is also curious as to how this direction differs from the axial direction(s). Furthermore, the scope of a functional end of the tool bit is unclear. Appropriate correction required.
Claims 7 and 9 each recite “the second sleeve member is abuttable against the restricting portion in a direction from the insertion groove toward the restricting portion in the axial direction.” It is unclear what constitutes a “direction from the insertion groove toward the restricting portion in the axial direction.” The axial direction is unclear. It is unclear whether the direction from the insertion groove toward the restricting portion is one of the two opposite directions recited in claim 1 or if it is somehow something different. It would be clearer if the axial directions are defined (e.g., a rotational axis defining opposing axially forward and axially rearward directions – Applicant may define the axial directions in any manner, as a further example: an axial direction from the insertion groove toward the restricting portion and vice versa). Appropriate clarification required.
Claim Rejections - 35 USC § 102/ Claim Rejections - 35 USC § 103
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.
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 1-8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chen (DE 102016106594 B3), on alternatively, under 35 U.S.C. 103 as being unpatentable over Chen (DE 102016106594 B3) in view of Stillwagon, Jr. (US Patent No. 3,392,767).
(Claim 1) Chen discloses a tool connecting rod (10; Figs. 1-6) that includes a rod (31), having an insertion groove (121) disposed thereon and, as best understood, configured for a tool bit to be received therewithin; a first sleeve member (12), being tubular and slidably sleeved to the rod (Figs. 3-4), the first sleeve member including an assembling end portion (end at 121); a second sleeve member (21), slidably sleeved to the first sleeve member (Figs. 4-5); an elastic member (18 or 29), disposed on the first sleeve member and radially abutted against the second sleeve member (Fig. 5), located between an outer circumferential surface of the first sleeve member and an inner circumferential surface of the second sleeve member (Figs. 2-6); a first magnetic member (24), directly disposed on the assembling end portion (direct contact shown in Fig. 3, but also the second sleeve is on the first sleeve such that the indirect connection still reads upon directly disposed on limitation) and configured to attract a fastener to be connected with the tool bit (Fig. 3); and a restriction mechanism (38), disposed on the rod and located between an outer circumferential surface of the rod and an inner circumferential surface of the first sleeve member (Figs. 2-6), the rod extending in an axial direction (that is defined by a longitudinal axis of the tool connecting rod, and as best understood, includes opposing directions therealong), the first sleeve member having an engaging portion radially extending inward, the engaging portion being engageable with the restriction mechanism in the axial direction (Figs. 2-6). The restriction mechanism (38) is located between the assembling end portion and the engaging portion in the axial direction (Figs. 2-6). As best understood, when the engaging portion is engaged with the restriction mechanism, the first magnetic member is capable of surrounding a functional end of the tool bit (this depends on the size of the tool bit, but see Figs. 3-5), and the second sleeve member is movable relative to the first sleeve member in a direction toward the assembling end portion to surround and receive the fastener (Figs. 3-5, but again this is intended use and depends on the size of the tool bit and fastener).
In the event Applicant traverses the interpretation of the first magnetic member being directly disposed on the assembling end portion, Stillwagon, Jr. discloses a first magnetic member (20) being directly disposed on the assembling end portion (Fig. 10) of an inner sleeve (95). At a time prior to filing it would have been obvious to one having ordinary skill in the art to modify the tool connecting rod disclosed in Chen with the first magnetic member disposed directly on the assembling end portion as suggested by Stillwagon, Jr. in order to retain a fastener within the second sleeve (Col. 4, Lines 19-26).
(Claim 2) The elastic member (Chen 18) is a C-shaped retainer (Chen Fig. 2).
(Claim 3) The outer circumferential surface of the first sleeve member has an annular groove (Chen 124) disposed thereon, and the elastic member (Chen 18) is engaged within the annular groove (Chen Figs. 2-6).
(Claim 4) The restriction mechanism (Chen 38) is a C-shaped retainer (Chen Fig. 2), and the restriction mechanism is radially and elastically abutted against the inner circumferential surface of the first sleeve member (Chen Figs. 2-6).
(Claim 5) The second sleeve member has a receiving hole, the first sleeve member is disposed within the receiving hole (Chen Figs. 2-6); in the axial direction, a length of the receiving hole is larger than a length of the first sleeve member (Chen Figs. 3-6); the second sleeve member has a protruding portion extending radially (Chen 22, 11), the first sleeve member includes an abutting portion extending radially, and the protruding portion and the abutting portion are abuttable against each other in the axial direction (Chen Figs. 3-6).
(Claim 6) The second sleeve member has a receiving hole, the first sleeve member is disposed within the receiving hole (Chen Figs. 2-6); in the axial direction, a length of the receiving hole is larger than a length of the first sleeve member (Chen Figs. 3-6); the second sleeve member has a protruding portion extending radially (Chen 22), the first sleeve member includes an abutting portion extending radially (Chen 18), and the protruding portion and the abutting portion are abuttable against each other in the axial direction (Chen Figs. 3-6). The protruding portion and the abutting portion define a first maximum distance therebetween, the restriction mechanism and the engaging portion define a second maximum distance therebetween, and the first maximum distance is larger than the second maximum distance (Chen Figs. 3-6).
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(Claim 7) A restricting portion, wherein the restricting portion is disposed on an end portion of the rod opposite to the insertion groove, and the second sleeve member is abuttable against the restricting portion in a direction from the insertion groove toward the restricting portion in the axial direction (Chen Figs. 3, 6 – showing end of second sleeve and end of rod in indirect contact).
(Claim 8) The inner circumferential surface of the first sleeve member includes an annular flange, the annular flange is located between the first magnetic member and an end portion of the rod, and the annular flange is abuttable against the rod in the axial direction (Chen indirectly via retainer 38 or spring 39, Fig. 3).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Chen (DE 102016106594 B3) in view of Tsai (US Patent No. 9,902,050 B2), or alternatively, over Chen (DE 102016106594 B3) in view of Stillwagon, Jr. (US Patent No. 3,392,767) further in view of Tsai (US Patent No. 9,902,050 B2).
Chen discloses the inner circumferential surface of the second sleeve member (21) is radially abutted against the outer circumferential surface of the first sleeve member (12); the elastic member (18) is a C-shaped retainer (Fig. 2); outer circumferential surface of the first sleeve member has an annular groove (124) disposed thereon, and the elastic member (18) is engaged within the annular groove (Figs. 2-6); the restriction mechanism (38) is a C-shaped retainer (Fig. 2), and the restriction mechanism is radially and elastically abutted against the inner circumferential surface of the first sleeve member (Figs. 2-6); the outer circumferential surface of the rod has a first annular groove (311) recessed thereon, the restriction mechanism is engaged within the first annular groove (Figs. 2-6); the tool connecting rod further includes a restricting portion, the restricting portion is disposed on an end portion of the rod remote from the insertion groove, and the second sleeve member is abuttable against the restricting portion in a direction remote from the insertion groove in the axial direction (Figs. 3, 6 – showing end of second sleeve and end of rod in indirect contact); the restricting portion is an engaging ring; the outer circumferential surface of the rod has a second annular groove recessed thereon, the second annular groove is spaced apart from the first annular groove in the axial direction, the restricting portion is engaged within the second annular groove (Figs. 3-6); the inner circumferential surface of the first sleeve member includes an annular flange, the annular flange is located between the first magnetic member and an end portion of the rod, and the annular flange is abuttable against the rod in the axial direction; and the assembling end portion has a receiving groove, the first magnetic member is disposed within the receiving groove and abutted against a bottom surface defining the receiving groove (Figs. 3-6). Yet, the Chen reference does not explicitly disclose a second magnet.
Tsai discloses a tool connecting rod including first and second magnetic members (70, 80), and the second magnetic member is disposed in the rod and corresponds to the insertion groove (Fig. 6). At a time prior to effective filing it would have been obvious to provide the tool connecting rod disclosed in Chen with a second magnet as taught by Tsai in order to provide magnetic hold to the bit within the rod (Col. 3, Lines 55-67).
Response to Arguments
Applicant's arguments filed September 10, 2025 have been fully considered but they are not persuasive. Applicant argues that Chen discloses an annular groove 311 that corresponds to the claimed insertion groove, and said annular groove is not intended for receiving the tool bit. In addition, Applicant alleges that when the engaging portion of the Chen device engages the second ring, the magnetic ring is incapable of surrounding a functional end of the tool bit. The magnetic ring, Applicant argues, is not disposed on a front end of the first sleeve member. Examiner disagrees.
The Action identifies the insertion groove as detail 121. The tool bit is capable of being received within the identified insertion hole. Thus, the argument with respect to the insertion groove has been considered but is moot because of the new ground of rejection.
Relative to the argument that the magnetic ring is incapable of surrounding a functional end of the tool bit, a recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. While there is a lack of clarity surrounding the limitation, the tool bit is capable of being surrounded by the magnetic ring in Chen. For example, if the insertion groove faces opposite the force of gravity, the tool bit will sit within the connecting rod and be surrounded by the first magnetic member. Also, there is a timing aspect of the intended use limitation, and even upon ejection of the tool bit, the tool bit will, for a time, be within the first magnetic member. Thus, the Chen reference reads upon the claimed invention.
The first magnetic ring, under the broadest reasonable interpretation, is directly disposed on the first sleeve member. Figure 3 shows direct contact between the first sleeve and the first magnetic ring. In addition, the second sleeve is on the first sleeve such that the indirect connection still reads upon directly disposed on limitation. Furthermore, the rejection includes a modification that provides a magnet in direct contact with the first sleeve regardless of position of the second sleeve. Thus, the prior art of record reads upon the claimed invention.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See Hsu (US Pub. No. 2016/0107299 A1).
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RYAN RUFO whose telephone number is (571)272-4604. The examiner can normally be reached Mon-Thurs.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Singh Sunil can be reached at (571) 272-3460. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RYAN RUFO/Primary Examiner, Art Unit 3722