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 .
Response to Arguments
Applicant’s arguments, see Page 7, filed 07/09/2026, with respect to the rejection(s) of claim(s) 1-9 under 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Claim(s) 1-6, 8 and 9-14 are rejected under 35 U.S.C. 103 as being unpatentable over Lai (US 20140352502 A1) in view of Cottrell (US 20230140601 A1) and Lai2 (US 20120210832 A1).
In response to Applicants argument with respect to the spring of Lai directly contacting the washer 34, Examiner points out that the defined “end surface” of the front tuning handle is not defined in a way to as to require that the end surface be the circular faces of the cylinder forming the tuning handle, but only defines a “surface”. The spring of Lai is in contact with the surfaces of the tuning handle as seen in Fig. 4. As such Examiner does not find this argument persuasive. However, for the purposes of compact prosecution, Examiner wishes to note an additional prior art reference, Lai3 US 20140109732 A1, showing a tuning handle (1) wherein a spring (3) does contact the circular ends of the cylindrical shape (See Fig. 4).
Claim Rejections - 35 USC § 103
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 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) 1-6, 8 and 9-14 are rejected under 35 U.S.C. 103 as being unpatentable over Lai (US 20140352502 A1) in view of Cottrell (US 20230140601 A1) and Lai2 (US 20120210832 A1).
Regarding Claim 1, Lai discloses A torque adjustment tool comprising: an inner tube (1),
a front tuning handle (3),
a spring (35),
an upper toothed block (40),
a lower toothed block (41),
a central axis (410, 411), and
an adjusting unit (5, 7 and 8);
wherein:
the inner tube has an inner screw hole (12) at one end and a containing space (14) at another end (11), a first inner threaded section (140) is provided on a sidewall of the containing space (See Fig. 2), a polygonal hole (15) provided between the containing space and the inner screw hole (See Fig. 2), and a sidewall of the inner tube having at least one sliding slot passing (16) through the containing space and having at least one screw (21, see Fig. 2);
the front tuning handle (3) has an open end (30) and a closed end (side of 3 opposite 30, where whole 32 is located on), the open end has an outer threaded section (outer portion of 30 is threaded) on an outer surface for engaging with the inner screw hole of the inner tube (See Para [0034] “An adjusting member 3 is connected to the first end of the tube 1 and has an outer threaded portion 30 which is connected with the inner threaded hole 12 of the tube 1.”), the closed end has a through aperture (32) for accepting an external tool wrench for insertion into the inner tube (See Para [0044] “Alternatively, the torque can also be adjusted and set by using the assistance tool "A" which is inserted into the polygonal hole 32 of the adjusting member 3.”);
the spring is disposed in the inner tube, an end of the spring directly contacting an end surface of the front tuning handle (See Fig. 4, spring 35 contacts the interior side surfaces of the adjusting member (3) as an end surface, and Para [0044] “The adjusting member 3 is rotated to compress the spring 35 in the tube 1. When the force of the spring 35 is adjusted by rotating the adjusting member 3, the fixing hole 13 is sealed.”);
the upper toothed block (40) has a through hole (400) surrounded by a plurality of teeth (401), the upper toothed block disposed in the containing space of the inner tube and the polygonal hole and abutting against another end of the spring, the upper toothed block shaped as a polygonal body corresponding to the polygonal hole of the inner tube (See Para [0035] “A first block 40 is located in the room 14 and the polygonal passage 15 of the tube 1. The first block 40 is a polygonal block which is shaped to be engaged with the polygonal passage 15.”);
the lower toothed block (41) has a through hole (Para [0036] “The second block 41 has a polygonal passage 412.”) at a center position and a plurality of tooth slots (inclined portion of the teeth) and a plurality of teeth (Vertical portion of the teeth) alternatingly at one end (See Para [0036] “Each of the first teeth 401 and the second teeth 413 has a vertical face and an inclined face, wherein the two respective inclined faces of the two respective first and second teeth 401, 413 are matched with each other.”), the lower toothed block disposed in the containing space of the inner tube (See Para [0036] “A second block 41 is located in the room 14 of the tube 1 and engaged with the first block 40.”), and the lower toothed block and the upper toothed block are engaged via the teeth (See Para [0036] cited above);
the central axis (410, 411) has a driving hole (412) with polygonal shape (See 412 in Fig. 2) and is placed through the through hole of the lower toothed block (See Fig. 1 showing 410 extending through the lowered toothed block 41) and the through hole of the upper toothed block (See Para [0036] “A tubular portion 410 and a second tubular portion 411 respectively extend from two ends of the second block 41. The first tubular portion 410 extends through the passage 400 of the first block 40.”); wherein the central axis is sandwiched between the adjusting unit and the lower toothed block (See Fig. 4 showing 411 sandwiched between the adjusting unit (5, 7 and 8) and the lower toothed block 41);
the central axis has a polygonal portion corresponding to the polygonal through hole; the polygonal portion and the polygonal through hole are configured such that, with engagement of the polygonal portion and the polygonal through hole, when the external tool wrench inserted from the through aperture further enters into the driving hole, such that the lower toothed block and the central axis all move simultaneously (External tool wrench (A) is capable of being inserted through the aperture to further enter into the driving hole such that the lowered toothed block and the central axis all move simultaneously); and
the adjusting unit (5, 7 and 8) has a positioning ring (5), a compressing member (7) and a stopping ring (8), the positioning ring has at least one screw hole (51) for accepting a screw in the containing space (See Para [0037] “A threaded hole 51 is defined in the periphery of the stop 5 and the first bolt 21 are threadedly engaged with the threaded hole 51.”);
the compressing member (7) and the stopping ring respectively have a first outer threaded section (71) such that the compressing member engages the first inner threaded section via the with the first outer threaded section See Para [0039] “A pushing member 7 is located in the inner threaded portion 140 of the tube 1 and has a polygonal hole 70 and two second pin-holes 72. The two pins 63 are inserted into the second pin-holes 72. The pushing member 7 has outer teeth 71 which are threadedly engaged with the inner threaded portion 140 of the tube 1.”), and the compressing member (7) has a polygonal hole (70).
And suggests but does not explicitly disclose the opening of the stopping ring being larger than polygonal hole of the compressing member (hole 870 seems to be larger than 70, as seen in Fig. 2, and specifically as 9 serves as a link, to receive a tool passed through hole 870, while having a protrusion meant to engage with the polygonal hole, with the opening of 9 seeming to be larger than the polygonal protrusion).
But does not explicitly disclose
A plurality of balls
The through hole of the upper toothed block is surrounded by a plurality of ball slots
the lower toothed block and the upper toothed block are engaged via the balls
The lowered toothed block through hole is polygonal
the central axis has a polygonal portion corresponding to the polygonal through hole; with the engagement of the polygonal portion and the polygonal through hole,
The inner tube having a second inner threaded section provided on a sidewall of the containing space
the stopping ring has a second outer threaded section that engages with the second inner threaded section via the second outer threaded section.
the polygonal hole accessible to and engageable with a polygonal wrench passing through an opening of the stopping ring,
It would be obvious to one of ordinary skill in the art before the effective filling date of the invention to modify the lower toothed block and the central axis of Lai to be separable components instead of two integrally connected components, such that the central axis has a polygonal portion corresponding to the polygonal through hole; with the engagement of the polygonal portion and the polygonal through hole, as doing so would be a simple matter of making components separable and a change in shape. Both of which have been held to be obvious to one of ordinary skill in the art. (See MPEP 2144.04 IV. B and V. C). As doing so would allow for easily replaceable components for replacement parts or for utilizing different sized external wrench members.
Further, Cottrell discloses a similar torque tool with two embodiments of a clutch member, with the first embodiment (Fig. 1-4) having an upper toothed block (36) and a lower toothed block (44) to form a ratchet (See Para [0021] describing the ratchet clutch mechanism “The second clutch member 44 includes a set of ratchet teeth 46, which are generally a mirror image of the set of ratchet teeth 42 of the first clutch member 36. The ratchet teeth 46 of the second clutch member 46 faced proximally. The ratchet teeth 46 are arranged circumferentially around the bore 16 of the housing 12. Each tooth 46 of the second clutch member 44 includes a ramp and a flat and may have a rounded or flattened tip, as described above in relation to the teeth 42 of the first clutch member 36. In the illustrated embodiment, the first and second clutch members 36, 44 are engaged with one another. Specifically, the first and second sets of ratchet teeth 42, 46 are engaged with one another. The first and second sets of ratchet teeth 42, 46 are sized and shaped to move (e.g., rotate) together, so that the drive connector 32 and component driver 38 rotate together, when the applied torque is less than the predetermined torque. The first and second sets of ratchet teeth 42, 46 are sized and shaped to move (e.g., rotate) relative to one another, so that the drive connector 32 and component driver 38 rotate relative to one another, when the applied torque is equal to or exceeds than the predetermined torque.”)
And in a second embodiment (Figs. 5-7) discloses an upper toothed block (136) with a plurality of ball slots (143) and a lower toothed block (144) with a plurality of ball slots (147) and a plurality of balls (145, See Para [0029] “In this embodiment, the torque driver 110 does not have ratchet teeth. Instead, the torque driver 110 (e.g., the clutch assembly) includes a plurality of balls 145 (e.g., steel balls) disposed between the first and second clutch members 136, 144. The balls 145 are disposed in the interior 114 of the housing 112. The first clutch member 136 includes a set of recesses 143 (e.g., partial hemispherical recesses) and the second clutch member 144 includes a set of recesses 147 (e.g., partial hemispherical recesses) which face the other set. Each recess 143, 147 is sized and shaped to receive a portion of one of the balls 145.”).
It would be obvious to one of ordinary skill in the art before the effective filling date of the invention to combine the ratchet type toothed upper and lower blocks of Lai with the upper and lower toothed blocks utilizing recess and steel balls as Cottrell discloses that they are equivalent methods for forming a clutch for a predetermined amount of torque for a torque tool. See Para [0025] “The first clutch member 36, the second clutch member 44, the torque adjuster 48 and the spring 50 form a clutch assembly (e.g., ratchet mechanism or torque limiting mechanism) of the torque driver 10. Clutch assemblies of other configurations are within the scope of the present disclosure. The clutch assembly operatively connects the drive connector 32 and the component driver 38. The clutch assembly is arranged such that the drive connector 32 and the component driver 38 rotate together when the torque imparted on the drive connector by the drive device is less than the predetermined torque and is arranged to permit the drive connector and the component driver to rotate relative to one another when the torque imparted on the drive connector by the drive device is equal to or exceeds the predetermined torque.” And Para [0030] “In operation, the clutch assembly of FIGS. 5-7 operates in a similar manner to that of the clutch assembly of FIGS. 1-4. The balls 145 engage the first and second clutch members 136, 144 so that the output drive 134 rotates with the drive connector 132 and housing 112 when the torque imparted is less than the predetermined torque and disengage or slip past one another so that he output drive does not rotate with the drive connector and housing (e.g., allow the housing to rotate relative to the output drive) when the torque imparted is equal to or greater than the predetermined torque.”) and it has been held that combining equivalents known for the same purpose would be obvious to one of ordinary skill in the art. See MPEP 2144.06 I.
Additionally, Cottrell discloses a similar torque tool (10) with an inner threaded section (20) split into two sections (above and below pin hole 28 and retaining pin 26) with a compressing member (48) having a first outer threaded section threadably connected to the lower inner threaded section (20, see Fig. 2 and Para [0023] “The torque adjuster 48 is engaged to and supported by the housing 12. The torque adjuster 48 includes threading (e.g., external threading) for threadably coupling the torque adjuster to the housing 12 (via the threading 20).”) and a stopping ring (24) having a second outer threaded section that engages with the upper inner threaded section via the second outer threaded section (See Para [0017] “The fixed drive 22 includes a plug 24 with threading (e.g., external threading) for threadably coupling the fixed drive 22 to the housing 12 (via the threading 20).”).
It would be obvious to one of ordinary skill in the art before the effective filling date of the invention to modify the inner tube to have a second inner threaded section and the stopping ring to have an outer threaded member that engages with said second inner threaded members doing so allow for the torque tool to be used with a fixed driving member (such as 32 in Cottrell) and allow for different drive connectors to be used interchangeably while allowing it to rotate together with the housing (See Para [0018] “The fixed drive 22 includes a drive connector 32. The drive connector is configured to be engaged by or connected to a drive device (broadly, connect the torque driver 10 to a drive device). In the illustrated embodiment, the drive connector 32 comprises a socket engaging stud or tenon, such as a hexagon or square cross-sectional shaped stud. Other configurations of the drive connector are within the scope of the present disclosure. The drive connector 32 is adjacent the proximal end of the housing 12. The drive connector 32 is coupled to the housing 12 such that the drive connector and the housing rotate together when the drive connector is rotated by the drive device. In the illustrated embodiment, the retainer 26 ensures the fixed drive 22 (e.g., drive connector 32) and the housing 12 rotate together. In other words, the fixed drive 22 and the housing 12 are rotateably fixed relative to one another.”).
Lai2 US 20120210832 A1 discloses a similar tool with torque adjustment wherein a compressing member (42) is accessible to and engageable with a polygonal wrench (Via hole 272) passing through an opening of the stopping ring (271).
It would be obvious to one of ordinary skill in the art before the effective filling date of the invention to modify Lai such that wherein the compressing member is directly accessible to and engageable with a polygonal wrench passing through an opening of the stopping ring, as utilizing a link or direct connection between a polygonal wrench and compressing member are equivalent methods in the art for adjusting the torque of a torque tool and would be a matter of substitution. See MPEP 2144.06 II.
It would be further obvious to modify the size of the opening of stopping ring to be larger than that of the polygonal hole as doing so would be a matter of change and size as it has been held that where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device, see MPEP 2144. IV A.
Regarding Claim 2, Lai discloses all the limitations of claim 1 and in addition discloses wherein the inner tube has two sliding slots (16 and 17), and the positioning ring (50) has two screw holes (51 and 52, See Lai Para [0037] “The stop 5 has a stepped hole 50. A threaded hole 51 is defined in the periphery of the stop 5 and the first bolt 21 are threadedly engaged with the threaded hole 51. A positioning hole 52 is defined in the periphery of the stop 5 and the second bolt 22 is threadedly engaged with the positioning hole 52.”).
Regarding Claim 3, Lai discloses all the limitations of claim 1 and in addition discloses wherein the inner tube has two sliding slots (16 and 17), and the positioning ring (50) has two screw holes (51 and 52, See Lai Para [0037] “The stop 5 has a stepped hole 50. A threaded hole 51 is defined in the periphery of the stop 5 and the first bolt 21 are threadedly engaged with the threaded hole 51. A positioning hole 52 is defined in the periphery of the stop 5 and the second bolt 22 is threadedly engaged with the positioning hole 52.”), one of the sliding slots (17) has a screw (22, See Lai Para [0042] “The second bolt 22 extends through the second slot 17 and is connected to the positioning hole 52 of the stop 5 to restrain the stop 5 in the room 14.”) and another sliding slot (16) has a screw (21) and an elastic plate (20).
Regarding Claim 4, Lai discloses all the limitations of claim 1 and in addition discloses wherein the polygonal hole (See Lai Para [0033] “In this embodiment, the polygonal passage 15 is a hexagonal passage.”) and the upper toothed block (See Lai Para [0035] “The first block 40 is a polygonal block which is shaped to be engaged with the polygonal passage 15.”), and suggests the polygonal through hole, and the polygonal portion respectively have matching hexagonal shapes (As modified in claim 1, the polygonal through hole and the polygonal portion have matching polygonal shapes, and a hexagon is a polygon).
It would be further obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the matching polygonal shape of the polygonal through hole and the polygonal portion to have a matching hexagonal shape of as doing so would be a matter of change in shape which has been held to be obvious absent persuasive evidence that the particular configuration is significant, See MPEP 2144.04 IV B.
Regarding Claim 5, Lai discloses all the limitations of claim 1 and in addition discloses wherein the driving hole (412, hexagonal shape visible in Fig. 1) and the polygonal hole (15) both have hexagonal shapes (See Lai Para [0033] “In this embodiment, the polygonal passage 15 is a hexagonal passage.”).
Regarding Claim 6, Lai discloses all the limitations of claim 1 and in addition discloses wherein one sidewall of each tooth slot is a vertical side and another side is an inclined side (See Lai Para [0036] “Each of the first teeth 401 and the second teeth 413 has a vertical face and an inclined face, wherein the two respective inclined faces of the two respective first and second teeth 401, 413 are matched with each other.”).
Regarding Claim 8, Lai as modified discloses all the limitations of claim 1 wherein the lower toothed block and the central axis are separate parts (As modified in claim 1, the lower toothed block and the central axis are 2 separate parts).
Regarding Claim 9, as best understood by examiner, Lai discloses,
A torque adjustment tool comprising:
an inner tube (1),
a front tuning handle (3),
a spring (35),
an upper toothed block (40),
a lower toothed block (41),
a central axis (410, 411), and
an adjusting unit (5, 7 and 8);
Wherein:
the inner tube has an inner screw hole (12) at one end and a containing space (14) at another end (11), a first inner threaded section (140) is provided on a sidewall of the containing space (See Fig. 2), a polygonal hole (15) provided between the containing space and the inner screw hole (See Fig. 2), and a sidewall of the inner tube having at least one sliding slot passing (16) through the containing space and having at least one screw (21, see Fig. 2);
the front tuning handle (3) has an open end (30) and a closed end (side of 3 opposite 30, where hole 32 is located on), the open end has an outer threaded section (outer portion of 30 is threaded) on an outer surface for engaging with the inner screw hole of the inner tube (See Para [0034] “An adjusting member 3 is connected to the first end of the tube 1 and has an outer threaded portion 30 which is connected with the inner threaded hole 12 of the tube 1.”), the closed end has a through aperture (32) for accepting an external tool wrench for insertion into the inner tube (See Para [0044] “Alternatively, the torque can also be adjusted and set by using the assistance tool "A" which is inserted into the polygonal hole 32 of the adjusting member 3.”);
the spring is disposed in the inner tube, an end of the spring directly contacting an end surface of the closed end of the front tuning handle (See Fig. 4, spring 35 contacts the interior side surfaces of the adjusting member (3) as an end surface, and Para [0044] “The adjusting member 3 is rotated to compress the spring 35 in the tube 1. When the force of the spring 35 is adjusted by rotating the adjusting member 3, the fixing hole 13 is sealed.”);
the upper toothed block (40) has a through hole (400) surrounded by a plurality of teeth (401), the upper toothed block disposed in the containing space of the inner tube and the polygonal hole and abutting against another end of the spring, the upper toothed block shaped as a polygonal body corresponding to the polygonal hole of the inner tube (See Para [0035] “A first block 40 is located in the room 14 and the polygonal passage 15 of the tube 1. The first block 40 is a polygonal block which is shaped to be engaged with the polygonal passage 15.”);
the central axis (410 and 411) is positioned at a center position of the lower toothed block (see 41 in Fig. 1) at one end of the lower toother block (See Fig. 1) and a plurality of tooth slots and a plurality of teeth (413) are alternatingly arranged around the central axis on the lower toothed block (See Figs. 1 and 2, 413 mates with teeth 401 on the upper block), the lower toothed block is disposed in the containing space of the inner tube (See 41 and 40 in the inner tube in Fig. 4),
the central axis (410 and 411) has a driving hole (412) with polygonal shape and wherein the lower toothed block the through hole of the upper toothed block (See Fig. 4 showing 410 extending through 40);
wherein the central axis is sandwiched between the adjusting unit and the lower toothed block (See Figs. 1 and 4 showing lower toothed block 41, integrally formed with the central axis sandwiched between 50 and 40);
When the external tool wrench is inserted from the through aperture further enters into the driving hole, the lower toothed block and the central axis all move simultaneously (External tool wrench (A) is capable of being inserted through the aperture to further enter into the driving hole such that the lowered toothed block and the central axis all move simultaneously); and
the adjusting unit (5, 7 and 8) has a positioning ring (5), a compressing member (7) and a stopping ring (8), the positioning ring has at least one screw hole (51) for accepting a screw in the containing space (See Para [0037] “A threaded hole 51 is defined in the periphery of the stop 5 and the first bolt 21 are threadedly engaged with the threaded hole 51.”);
the compressing member (7) and the stopping ring respectively have a first outer threaded section (71) such that the compressing member engages with the first outer threaded section via the first inner threaded section (See Para [0039] “A pushing member 7 is located in the inner threaded portion 140 of the tube 1 and has a polygonal hole 70 and two second pin-holes 72. The two pins 63 are inserted into the second pin-holes 72. The pushing member 7 has outer teeth 71 which are threadedly engaged with the inner threaded portion 140 of the tube 1.”), and the compressing member (7) has a polygonal hole (70).
The lowered toothed block and central axis are integrally formed (See 41 in Fig. 1).
And suggests but does not explicitly disclose the opening of the stopping ring being larger than polygonal hole of the compressing member (hole 870 seems to be larger than 70, as seen in Fig. 2, and specifically as 9 serves as a link, to receive a tool passed through hole 870, while having a protrusion meant to engage with the polygonal hole, with the opening of 9 seeming to be larger than the polygonal protrusion).
But does not explicitly disclose
A plurality of balls
The through hole of the upper toothed block is surrounded by a plurality of ball slots
the lower toothed block and the upper toothed block are engaged via the balls
The lowered toothed block through hole is polygonal
the central axis has a polygonal portion corresponding to the polygonal through hole; with the engagement of the polygonal portion and the polygonal through hole,
The inner tube having a second inner threaded section provided on a sidewall of the containing space
the stopping ring has a second outer threaded section that engages with the second inner threaded section via the second outer threaded section.
the polygonal hole accessible to and engageable with a polygonal wrench passing through an opening of the stopping ring,
It would be obvious to one of ordinary skill in the art before the effective filling date of the invention to modify the lower toothed block and the central axis of Lai to be separable components instead of two integrally connected components, such that the central axis has a polygonal portion corresponding to the polygonal through hole; with the engagement of the polygonal portion and the polygonal through hole, as doing so would be a simple matter of making components separable and a change in shape. Both of which have been held to be obvious to one of ordinary skill in the art. (See MPEP 2144.04 IV. B and V. C). As doing so would allow for easily replaceable components for replacement parts or for utilizing different sized external wrench members.
Further, Cottrell discloses a similar torque tool with two embodiments of a clutch member, with the first embodiment (Fig. 1-4) having an upper toothed block (36) and a lower toothed block (44) to form a ratchet (See Para [0021] describing the ratchet clutch mechanism “The second clutch member 44 includes a set of ratchet teeth 46, which are generally a mirror image of the set of ratchet teeth 42 of the first clutch member 36. The ratchet teeth 46 of the second clutch member 46 faced proximally. The ratchet teeth 46 are arranged circumferentially around the bore 16 of the housing 12. Each tooth 46 of the second clutch member 44 includes a ramp and a flat and may have a rounded or flattened tip, as described above in relation to the teeth 42 of the first clutch member 36. In the illustrated embodiment, the first and second clutch members 36, 44 are engaged with one another. Specifically, the first and second sets of ratchet teeth 42, 46 are engaged with one another. The first and second sets of ratchet teeth 42, 46 are sized and shaped to move (e.g., rotate) together, so that the drive connector 32 and component driver 38 rotate together, when the applied torque is less than the predetermined torque. The first and second sets of ratchet teeth 42, 46 are sized and shaped to move (e.g., rotate) relative to one another, so that the drive connector 32 and component driver 38 rotate relative to one another, when the applied torque is equal to or exceeds than the predetermined torque.”)
And in a second embodiment (Figs. 5-7) discloses an upper toothed block (136) with a plurality of ball slots (143) and a lower toothed block (144) with a plurality of ball slots (147) and a plurality of balls (145, See Para [0029] “In this embodiment, the torque driver 110 does not have ratchet teeth. Instead, the torque driver 110 (e.g., the clutch assembly) includes a plurality of balls 145 (e.g., steel balls) disposed between the first and second clutch members 136, 144. The balls 145 are disposed in the interior 114 of the housing 112. The first clutch member 136 includes a set of recesses 143 (e.g., partial hemispherical recesses) and the second clutch member 144 includes a set of recesses 147 (e.g., partial hemispherical recesses) which face the other set. Each recess 143, 147 is sized and shaped to receive a portion of one of the balls 145.”).
It would be obvious to one of ordinary skill in the art before the effective filling date of the invention to combine the ratchet type toothed upper and lower blocks of Lai with the upper and lower toothed blocks utilizing recess and steel balls as Cottrell discloses that they are equivalent methods for forming a clutch for a predetermined amount of torque for a torque tool. See Para [0025] “The first clutch member 36, the second clutch member 44, the torque adjuster 48 and the spring 50 form a clutch assembly (e.g., ratchet mechanism or torque limiting mechanism) of the torque driver 10. Clutch assemblies of other configurations are within the scope of the present disclosure. The clutch assembly operatively connects the drive connector 32 and the component driver 38. The clutch assembly is arranged such that the drive connector 32 and the component driver 38 rotate together when the torque imparted on the drive connector by the drive device is less than the predetermined torque and is arranged to permit the drive connector and the component driver to rotate relative to one another when the torque imparted on the drive connector by the drive device is equal to or exceeds the predetermined torque.” And Para [0030] “In operation, the clutch assembly of FIGS. 5-7 operates in a similar manner to that of the clutch assembly of FIGS. 1-4. The balls 145 engage the first and second clutch members 136, 144 so that the output drive 134 rotates with the drive connector 132 and housing 112 when the torque imparted is less than the predetermined torque and disengage or slip past one another so that he output drive does not rotate with the drive connector and housing (e.g., allow the housing to rotate relative to the output drive) when the torque imparted is equal to or greater than the predetermined torque.”) and it has been held that combining equivalents known for the same purpose would be obvious to one of ordinary skill in the art. See MPEP 2144.06 I.
Additionally, Cottrell discloses a similar torque tool (10) with an inner threaded section (20) split into two sections (above and below pin hole 28 and retaining pin 26) with a compressing member (48) having a first outer threaded section threadably connected to the lower inner threaded section (20, see Fig. 2 and Para [0023] “The torque adjuster 48 is engaged to and supported by the housing 12. The torque adjuster 48 includes threading (e.g., external threading) for threadably coupling the torque adjuster to the housing 12 (via the threading 20).”) and a stopping ring (24) having a second outer threaded section that engages with the upper inner threaded section via the second outer threaded section (See Para [0017] “The fixed drive 22 includes a plug 24 with threading (e.g., external threading) for threadably coupling the fixed drive 22 to the housing 12 (via the threading 20).”).
It would be obvious to one of ordinary skill in the art before the effective filling date of the invention to modify the inner tube to have a second inner threaded section and the stopping ring to have an outer threaded member that engages with said second inner threaded members doing so allow for the torque tool to be used with a fixed driving member (such as 32 in Cottrell) and allow for different drive connectors to be used interchangeably while allowing it to rotate together with the housing (See Para [0018] “The fixed drive 22 includes a drive connector 32. The drive connector is configured to be engaged by or connected to a drive device (broadly, connect the torque driver 10 to a drive device). In the illustrated embodiment, the drive connector 32 comprises a socket engaging stud or tenon, such as a hexagon or square cross-sectional shaped stud. Other configurations of the drive connector are within the scope of the present disclosure. The drive connector 32 is adjacent the proximal end of the housing 12. The drive connector 32 is coupled to the housing 12 such that the drive connector and the housing rotate together when the drive connector is rotated by the drive device. In the illustrated embodiment, the retainer 26 ensures the fixed drive 22 (e.g., drive connector 32) and the housing 12 rotate together. In other words, the fixed drive 22 and the housing 12 are rotateably fixed relative to one another.”).
Lai2 discloses a similar tool with torque adjustment wherein a compressing member (42) is accessible to and engageable with a polygonal wrench (Via hole 272) passing through an opening of the stopping ring (271).
It would be obvious to one of ordinary skill in the art before the effective filling date of the invention to modify Lai such that wherein the compressing member is directly accessible to and engageable with a polygonal wrench passing through an opening of the stopping ring, as utilizing a link or direct connection between a polygonal wrench and compressing member are equivalent methods in the art for adjusting the torque of a torque tool and would be a matter of substitution. See MPEP 2144.06 II.
It would be further obvious to modify the size of the opening of stopping ring to be larger than that of the polygonal hole as doing so would be a matter of change and size as it has been held that where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device, see MPEP 2144. IV A.
Regarding Claim 10, Lai discloses all the limitations of claim 9 and in addition discloses wherein the inner tube has two sliding slots (16 and 17), and the positioning ring (50) has two screw holes (51 and 52, See Lai Para [0037] “The stop 5 has a stepped hole 50. A threaded hole 51 is defined in the periphery of the stop 5 and the first bolt 21 are threadedly engaged with the threaded hole 51. A positioning hole 52 is defined in the periphery of the stop 5 and the second bolt 22 is threadedly engaged with the positioning hole 52.”).
Regarding Claim 11, Lai discloses all the limitations of claim 9 and in addition discloses wherein the inner tube has two sliding slots (16 and 17), and the positioning ring (50) has two screw holes (51 and 52, See Lai Para [0037] “The stop 5 has a stepped hole 50. A threaded hole 51 is defined in the periphery of the stop 5 and the first bolt 21 are threadedly engaged with the threaded hole 51. A positioning hole 52 is defined in the periphery of the stop 5 and the second bolt 22 is threadedly engaged with the positioning hole 52.”), one of the sliding slots (17) has a screw (22, See Lai Para [0042] “The second bolt 22 extends through the second slot 17 and is connected to the positioning hole 52 of the stop 5 to restrain the stop 5 in the room 14.”) and another sliding slot (16) has a screw (21) and an elastic plate (20).
Regarding Claim 12, Lai discloses all the limitations of claim 9 and in addition discloses wherein the polygonal hole (See Lai Para [0033] “In this embodiment, the polygonal passage 15 is a hexagonal passage.”) and the upper toothed block (See Lai Para [0035] “The first block 40 is a polygonal block which is shaped to be engaged with the polygonal passage 15.”), and suggests the polygonal through hole, and the polygonal portion respectively have matching hexagonal shapes (As modified in claim 1, the polygonal through hole and the polygonal portion have matching polygonal shapes, and a hexagon is a polygon).
It would be further obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the matching polygonal shape of the polygonal through hole and the polygonal portion to have a matching hexagonal shape of as doing so would be a matter of change in shape which has been held to be obvious absent persuasive evidence that the particular configuration is significant, See MPEP 2144.04 IV B.
Regarding Claim 13, Lai discloses all the limitations of claim 9 and in addition discloses wherein the driving hole (412, hexagonal shape visible in Fig. 1) and the polygonal hole (15) both have hexagonal shapes (See Lai Para [0033] “In this embodiment, the polygonal passage 15 is a hexagonal passage.”).
Regarding Claim 14, Lai discloses all the limitations of claim 9 and in addition discloses wherein one sidewall of each tooth slot is a vertical side and another side is an inclined side (See Lai Para [0036] “Each of the first teeth 401 and the second teeth 413 has a vertical face and an inclined face, wherein the two respective inclined faces of the two respective first and second teeth 401, 413 are matched with each other.”).
Claim(s) 7 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Lai (US 20140352502 A1) in view of Cottrell (US 20230140601 A1) and Lai2 (US 20120210832 A1) as modified in claim 1 and in further view of Gauthier (US 20060278051 A1).
Regarding Claim 7, Lai as modified discloses all the limitations of claim 1 but does not explicitly disclose wherein a top end of each tooth has a groove for positioning the ball to prevent the ball from escaping between the lower toothed block and the upper toothed block, and the groove connects the tooth slots at both sides of the teeth.
Gauthier discloses a similar wherein a top end of each tooth (228) has a groove (230) for positioning the ball to prevent the ball from escaping between the lower toothed block (220) and the upper toothed block (218), and the groove connects the tooth slots at both sides of the teeth (See Para [0057] “The slip gear 220 also includes an arcuate raceway 230 extending around the surface of the gear 220 along a circular centerline between the dimples 228. During operation of the mechanism 206, the bearings 226, while retained in dimples 225 on the fixed gear 218, can move along the raceway 230 in order to displace the bearings 226 between the respective dimples 228 as the slip gear 220 rotates with respect to the fixed gear 218 when a torque level above a pre-selected maximum is applied to the tool 200.”).
It would be obvious to one of ordinary skill in the art before the effective filling date of the invention to modify the toothed blocks of Lai as modified to include a groove for positioning the ball to prevent escape from the blocks as Gauthier teaches that such a configuration assists in reducing the amount of variation over time of the preset torque values for a torque device. See Para [0009] “The use of the ball bearings and a raceway on one of the gears that the ball bearings can move along between the recesses enables the mechanism to be operated in a manner that greatly reduces the amount of variation over time of the preset torque values for the mechanism by reducing the wear experienced by the internal components controlling the actuating of the mechanism, and by avoiding the significant recoil or snap experienced by prior art mechanisms.”
Regarding Claim 15, Lai as modified discloses all the limitations of claim 9 but does not explicitly disclose wherein a top end of each tooth has a groove for positioning the ball to prevent the ball from escaping between the lower toothed block and the upper toothed block, and the groove connects the tooth slots at both sides of the teeth.
Gauthier discloses a similar wherein a top end of each tooth (228) has a groove (230) for positioning the ball to prevent the ball from escaping between the lower toothed block (220) and the upper toothed block (218), and the groove connects the tooth slots at both sides of the teeth (See Para [0057] “The slip gear 220 also includes an arcuate raceway 230 extending around the surface of the gear 220 along a circular centerline between the dimples 228. During operation of the mechanism 206, the bearings 226, while retained in dimples 225 on the fixed gear 218, can move along the raceway 230 in order to displace the bearings 226 between the respective dimples 228 as the slip gear 220 rotates with respect to the fixed gear 218 when a torque level above a pre-selected maximum is applied to the tool 200.”).
It would be obvious to one of ordinary skill in the art before the effective filling date of the invention to modify the toothed blocks of Lai as modified to include a groove for positioning the ball to prevent escape from the blocks as Gauthier teaches that such a configuration assists in reducing the amount of variation over time of the preset torque values for a torque device. See Para [0009] “The use of the ball bearings and a raceway on one of the gears that the ball bearings can move along between the recesses enables the mechanism to be operated in a manner that greatly reduces the amount of variation over time of the preset torque values for the mechanism by reducing the wear experienced by the internal components controlling the actuating of the mechanism, and by avoiding the significant recoil or snap experienced by prior art mechanisms.”
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.
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/T.J.M./Examiner, Art Unit 3723
/DAVID S POSIGIAN/Supervisory Patent Examiner, Art Unit 3723
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