DETAILED ACTIONS
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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on October 6, 2023, is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement has been considered by the examiner.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, element 54 “first end” must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 102
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.
Claims 1-4 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Huang (US Publication No: 2012/0312129).
In reference to claim 1, Huang discloses an adjustable wrench comprising of a head (see annotated Figure 1) and a handle (Paragraph 7 and Figure 1, 30) extending away from said head (see annotated Figure 1), said head including a fixed jaw (Paragraph 7 and Figure 1, 10 ) and a movable jaw (Paragraph 7 and Figure 1, 20), said movable jaw being laterally slidable toward or away from said fixed jaw wherein said fixed jaw and said movable jaw are configured to engage fasteners of varying dimensions (Paragraph 35); and an adjustment mechanism (Paragraph 33, Figure 2, 16) being movably integrated into said wrench, said adjustment mechanism being in mechanical communication with said movable jaw thereby facilitating said adjustment mechanism to urge said movable jaw toward or away from said fixed jaw (Paragraph 7), said adjustment mechanism including a knob (Figure 2, 402) being rotatably disposed on said handle wherein said knob is configured to be gripped by a user when said head is positioned in a tight location thereby facilitating the user to adjust said movable jaw while said head is positioned in the tight location.
In reference to claim 2, Huang discloses said fixed jaw (Figure 1, 10) extends upwardly from a top surface (see annotated Figure 1) of said head at a point located adjacent to a first lateral side (see annotated Figure 1) of said head; said fixed jaw has a first lateral surface (see Figure 3, 15) being perpendicularly oriented with said top surface (see annotated Figure 1) and a second lateral surface (see Figure 3, 22) sloping downwardly between said first lateral surface and said first lateral side of said head wherein said first lateral surface is configured to abut a respective one of a plurality of intersecting sides of the fastener (see annotated Figure 9); said head has a slot (see annotated Figure 1) extending downwardly into said top surface, said slot extending between said first lateral side of said head and a second lateral side of said head (see annotated Figure 1); said slot has a rounded portion (see annotated Figure 1) being spaced downwardly from said top surface of said head; said rounded portion having a bounding surface (see annotated Figure 3) being concavely arcuate with respect to said top surface (see annotated Figure 1) such that said rounded portion has a circular shape (see annotated Figure 1); said movable jaw (Figure 1, 20) has a foot (see annotated Figure 3) being slidably positioned in said slot in said top surface of said head (Paragraph 8); said foot has a first end (see annotated Figure 3) and a second end (see annotated Figure 3); said foot is elongated between said first end and said second end; said foot has a lobe being positioned in said rounded portion of said slot thereby inhibiting said foot from being removed from said slot (see annotated Figure 3); said movable jaw (Figure 1, 20) has a primary lateral surface (Figure 3, 15) being perpendicularly oriented with an upper surface of said foot, said primary lateral surface facing said first lateral surface of said fixed jaw (see annotated Figure 3) wherein said primary lateral surface is configured to abut a respective one of the plurality of intersecting sides of the fastener (see Figure 9); and said movable jaw is positioned closer to said second end of said foot than said first end of said foot (see annotated Figure 3).
In reference to claim 3, Huang discloses that the head (see annotated Figure 3) has a gear chamber (see annotated Figure 3) being positioned within said head; said gear chamber is positioned beneath said rounded portion of said slot (see annotated Figure 3); said gear chamber is elongated along an axis extending between said first lateral side and said second lateral side of said head (see annotated Figure 3); said gear chamber is positioned closer to said second lateral side than said first lateral side (see annotated Figure 3); said movable jaw (Figure 3, 20) has a plurality of teeth (Figure 3, 21) which each extend downwardly from said lobe on said foot (see annotated Figure 3), said teeth being spaced apart from each other and being distributed from said second end of said foot toward said first end of said foot (see annotated Figure 3); each of said plurality of teeth extends downwardly into said gear chamber (see annotated Figure 3); said head has a first rod hole (see annotated Figure 2) extending between said first lateral side of said head and said gear chamber; and said head has a second rod hole (see annotated Figure 2) extending between said second lateral side of said head and said gear chamber.
In reference to claim 4, Huang discloses an adjustment mechanism comprises a worm gear being rotatably positioned within said gear chamber (Paragraph 7); said worm gear (Figure 3, 161) engages each of said plurality of teeth (Figure 3, 21) which extend downwardly from said lobe of said foot (see annotated Figure 3); said worm gear has an axis of rotation being oriented parallel to an axis extending between said first end and said second end of said foot (see annotated Figure 3); said movable jaw is urged to travel toward said fixed jaw when said worm gear is rotated in a first direction (Paragraph 9); and said movable jaw is urged to travel away from said fixed jaw when said worm gear is rotated in a second direction (Paragraph 10).
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.
Claims 5-9 are rejected under 35 U.S.C. 103 as being unpatentable over Huang (US Publication No: 2012/0312129).
In reference to claim 5, Huang discloses an adjustment mechanism includes: a first shaft (see annotated Figure 2) being coupled to and extending away from a primary end (see annotated Figure 2) of said worm gear (Figure 2, 161), said first shaft (see annotated Figure 2) being positioned in said first rod hole (see annotated Figure 2) in said head; a second shaft (see annotated Figure 2) being coupled to and extending away from a secondary end (see annotated Figure 2) of said worm gear (Figure 2, 161), said second shaft (see annotated Figure 2) being positioned in said second rod hole in said head, said first shaft and said second shaft rotatably retaining said worm gear in said gear chamber (Paragraph 33). The examiner notes that while Huang does not disclose a first gear that abuts the primary end of the worm gear, the specification states that the first gear’s importance is due to being part of the adjusting mechanism (Specification page 6). Huang discloses an abutting mechanism that engages with the adjusting mechanism which includes a worm gear (Paragraph 33). It would have been obvious to one having ordinary skill in the art before the time of the effective filing date of the claimed invention to rearrange the adjusting mechanism by replacing the first and second gear with an abutting member in order to make contact with the worm gear as taught by Huang since it has been held that rearranging parts of an invention involves only routine skill in the art (MPEP 2144.04, Section VI, C).
In reference to claim 6, Huang discloses a handle (Figure 1, 30) that extends downwardly from a bottom surface of said head; said handle of Huang’s related art in which their wrench is based on is substantially hollow (Paragraph 5); said handle has a distal end with respect to said bottom surface (see annotated Figure 1); said distal end is open into an interior of said handle (see annotated Figure 1); and said interior of said handle (see annotated Figure 1) in which the examiner notes that the locking mechanism is part of the interior of the handle, is in fluid communication with said gear chamber in said head; and said adjustment mechanism includes a drive shaft having a lower end and an upper end (see annotated Figure 2). The examiner notes that the first and second shaft, element 162 as a whole is interpreted as the drive shaft too. While Huang does not have separate shafts, it would have been obvious to one having ordinary skill in the art before the time of the effective filing date of the claimed invention to rearrange the adjusting mechanism by using one shaft to directly make contact with the worm gear and handle in order to place the knob near the head instead of the distal end as taught by Huang since it has been held that rearranging parts of an invention involves only routine skill in the art (MPEP 2144.04, Section VI, C).
In reference to claim 7, Huang discloses the claimed invention except for bearings that keep the drive shaft in place. It would have been obvious to one having ordinary skill in the art before the time of the effective filing date of the claimed invention to modify the adjusting mechanism by only using one shaft to directly contact the worm gear in order to place the adjusting and locking mechanism near the head instead of the distal end of the handle as taught by Huang since it has been held that omission of an element and its function in a combination where the remaining elements perform the same functions as before involves only routine skill in the art (MPEP 2144.04, Section II, B).
In reference to claim 8, Huang discloses said worm gear (Figure 2, 161) that rotates in said first direction (clockwise) when a knob (Figure 2, 402) is rotated in a tightening direction (Paragraphs 40-43); and said worm gear rotates in a second direction (counter clockwise) when said knob is rotated in a loosening direction (Paragraphs 40-43). While Huang discloses a knob with an upper surface (see annotated Figure 2), it is not attached to the claimed drive shaft. Instead, the knob is attached to the wrench’s lock mechanism (Paragraph 36 and Figure 2, 20). It would have been obvious to one having ordinary skill in the art before the time of the effective filing date of the claimed invention to rearrange the adjusting mechanism by using one shaft to make contact with the worm gear and handle then have a separate locking mechanism with a knob to secure the placement of the jaws as taught by Huang since it has been held that rearranging parts of an invention involves only routine skill in the art (MPEP 2144.04, Section VI, C).
In reference to claim 9, Huang discloses an adjustable wrench device being remotely adjustable to facilitate fitment to a fastener in a tight location (Paragraph 3), said device comprising: a wrench having a head (see annotated Figure 1) and a handle (Figure 1, 30) extending away from said head, said head including a fixed jaw (Figure 1, 10) and a movable jaw (Figure 1, 20), said movable jaw being laterally slidable toward or away from said fixed jaw wherein said fixed jaw and said movable jaw are configured to engage fasteners of varying dimensions (Paragraphs 7-8), said fixed jaw (Figure 1, 10) extending upwardly from a top surface (see annotated Figure 1) of said head at a point located adjacent to a first lateral side of said head (see annotated Figure 1), said fixed jaw having a first lateral surface (see Figure 3, 15) being perpendicularly oriented with said top surface (see annotated Figure 1) and a second lateral surface sloping downwardly (see Figure 3, 22) between said first lateral surface and said first lateral side of said head. Wherein said first lateral surface is configured to abut a respective one of a plurality of intersecting sides of the fastener (see annotated Figure 9), said head having a slot (see annotated Figure 1) extending downwardly into said top surface, said slot extending between said first lateral side of said head and a second lateral side of said head (see annotated Figure 1), said slot having a rounded portion (see annotated Figure 1) being spaced downwardly from said top surface of said head, said rounded portion having a bounding surface (see annotated Figure 3) being concavely arcuate with respect to said top surface (see annotated Figure 1) such that said rounded portion has a circular shape (see annotated Figure 1), said head having a gear chamber (see annotated Figure 3) being positioned within said head, said gear chamber being positioned beneath said rounded portion of said slot (see annotated Figure 3), said gear chamber being elongated along an axis extending between said first lateral side and said second lateral side of said head (see annotated Figure 3), said gear chamber being positioned closer to said second lateral side than said first lateral side (see annotated Figure 3), said head having a first rod hole (see annotated Figure 2) extending between said first lateral side of said head and said gear chamber, said head having a second rod hole (see annotated Figure 2) extending between said second lateral side of said head and said gear chamber, said handle (Figure 1, 30) extending downwardly from a bottom surface of said head, said handle of Huang’s related art in which their wrench is based on is substantially hollow (Paragraph 5); said handle having a distal end with respect to said bottom surface (see annotated Figure 1), said distal end being open into an interior of said handle, said interior of said handle (see annotated Figure 1) being in fluid communication with said gear chamber in said head, said movable jaw (Figure 1, 20) having a foot (see annotated Figure 3) being slidably positioned in said slot in said top surface of said head (Paragraph 8), said foot having a first end (see annotated Figure 3) and a second end (see annotated Figure 3), said foot being elongated between said first end and said second end, said foot having a lobe being positioned in said rounded portion of said slot thereby inhibiting said foot from being removed from said slot (see annotated Figure 3), said movable jaw having a plurality of teeth (Figure 3, 21) which each extend downwardly from said lobe on said foot (see annotated Figure 3), said teeth being spaced apart from each other and being distributed from said second end of said foot toward said first end of said foot (see annotated Figure 3), each of said plurality of teeth extending downwardly into said gear chamber (see annotated Figure 3), said movable jaw having a primary lateral surface (Figure 3, 15) being perpendicularly oriented with an upper surface of said foot, said primary lateral surface facing said first lateral surface of said fixed jaw (see annotated Figure 3) wherein said primary lateral surface is configured to abut a respective one of the plurality of intersecting sides of the fastener (see annotated Figure 9), said movable jaw being positioned closer to said second end of said foot than said first end of said foot (see annotated Figure 3); and an adjustment mechanism being movably integrated into said wrench, said adjustment mechanism being in mechanical communication with said movable jaw thereby facilitating said adjustment mechanism to urge said movable jaw toward or away from said fixed jaw (Paragraph 7), said adjustment mechanism including a knob (Figure 2, 402) being rotatably disposed on said handle wherein said knob is configured to be gripped by a user when said head is positioned in a tight location thereby facilitating the user to adjust said movable jaw while said head is positioned in the tight location, said adjustment mechanism comprising: a worm gear (Figure 3, 161) being rotatably positioned within said gear chamber (Paragraph 7, see annotated Figure 3), said worm gear (Figure 3, 161) engaging each of said plurality of teeth (Figure 3, 21) which extend downwardly from said lobe of said foot (see annotated Figure 3), said worm gear having an axis of rotation being oriented parallel to an axis extending between said first end and said second end of said foot (see annotated Figure 3), said movable jaw being urged to travel toward said fixed jaw when said worm gear is rotated in a first direction (Paragraph 9), said movable jaw being urged to travel away from said fixed jaw when said worm gear is rotated in a second direction (Paragraph 10); a first shaft (see annotated Figure 2) being coupled to and extending away from a primary end (see annotated Figure 2) of said worm gear (Figure 2, 161), said first shaft being positioned in said first rod hole (see annotated Figure 2) in said head; a second shaft being coupled to and extending away from a secondary end of said worm gear (see annotated Figure 2), said second shaft (see annotated Figure 2) being positioned in said second rod hole in said head, said first shaft and said second shaft rotatably retaining said worm gear in said gear chamber (Paragraph 33). The examiner notes that while Huang does not disclose a first gear that abuts the primary end of the worm gear, the specification states that the first gear’s importance is due to being part of the adjusting mechanism. Huang discloses an abutting mechanism that engages with the adjusting mechanism which includes a worm gear (Paragraph 33). It would have been obvious to one having ordinary skill in the art before the time of the effective filing date of the claimed invention to rearrange the adjusting mechanism by replacing the first and second gear with an abutting member in order to make contact with the worm gear as taught by Huang since it has been held that rearranging parts of an invention involves only routine skill in the art (MPEP 2144.04, Section VI, C). Huang further discloses a shaft for the adjusting mechanism that has the same function of the drive shaft. The examiner notes that the first and second shaft, element 162 as a whole is interpreted as the drive shaft too. While Huang does not have separate shafts, it would have been obvious to one having ordinary skill in the art before the time of the effective filing date of the claimed invention to rearrange the adjusting mechanism by using one shaft to make direct contact with the worm gear and handle in order to place the knob near the head instead of the distal end as taught by Huang since it has been held that rearranging parts of an invention involves only routine skill in the art (MPEP 2144.04, Section VI, C). Huang continues to disclose the claimed invention except for bearings that keep the drive shaft in place and a separate first and second gear that connects the drive shaft with the adjusting mechanism. It would have been obvious to one having ordinary skill in the art before the time of the effective filing date of the claimed invention to modify the adjusting mechanism by only using one shaft to contact the worm gear in order to place the adjusting and locking mechanism near the head instead of the distal end of the handle and not need separate gears to have the shaft communicate with the adjusting mechanism as taught by Huang since it has been held that omission of an element and its function in a combination where the remaining elements perform the same functions as before involves only routine skill in the art (MPEP 2144.04, Section II, B).
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Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TRISHA JOY U FRANCISCO whose telephone number is (571) 272-1224. The examiner can normally be reached Monday-Friday 8 am -5 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Monica Carter can be reached at (571) 272-4475. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TRISHA JOY U FRANCISCO/Patent Examiner, Art Unit 3723 /MONICA S CARTER/Supervisory Patent Examiner, Art Unit 3723