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 .
Information Disclosure Statement
The information disclosure statements (IDS) submitted on October 16, 2023 and May 1, 2024 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements have 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, the “multi-fulcrum pivoting action” (as in claims 1 and 11) 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.
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required:
Proper support including numerals and description pertaining to the “multi-fulcrum” should be provided.
Claim Objections
Claim 11, is objected to because of the following informalities: Claim 11 includes two periods at the end of the claim. Appropriate correction is required.
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 1-20 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. Any remaining claims are rejected based on their dependency to a rejected base claim.
Claims 1 and 11 both disclose, “a multi-fulcrum pivoting action that moves the adjustable pivot and a position of the pivot axis”. However, it is unclear what components actually form the multi-fulcrum. Where is the multi-fulcrum shown in Drawings? Where is it labeled and described in the Specification? Claims 1 and 11 also previously disclosed, “a pivot axis defined by the adjustable pivot”. Is, the multi-fulcrum merely formed from the adjustable pivot and the “pivot axis [that is] defined by the adjustable pivot”? In order to expedite prosecution, the examiner has interpreted the “multi-fulcrum” limitation as being formed from the adjustable pivot and it’s pivot axis, since these are the only elements that are believed to support such a limitation. Thus, if a reference includes an adjustable pivot that defines a pivot axis, the “multi-fulcrum” limitation will be met. However, further clarification is respectfully requested.
Claim 15 recites, “wherein the adjustable pivot is affixed to the second handle member between the second jaw and the adjustable pivot,”. It is unclear how the adjustable pivot can be affixed between the second jaw and itself. For purposes of examination, Examiner assumes the limitation to read, “wherein the adjustable pivot is affixed to the second handle member between the second jaw and the second handle,” similar to Claim 2.
Claim 20 recites, “the selector teeth”. There is insufficient antecedent basis for this limitation in the claim. For examination purposes, Examiner assumes the Claim 20 to be dependent on Claim 19 to provide antecedent basis for the limitation.
Claims 2-10 and 11-20 are dependents of Claims 1 and 11, respectively, and contain all the features of their independent claim, but fail to resolve the deficiencies of Claims 1 and 11; therefore they are rejected for the same reasons as above.
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, 2, 11 and 15 are rejected, As Best Understood, under 35 U.S.C. 102(a)(1) as being anticipated by Schierzke et al. (2014/0290447).
In reference to claims 1 and 11, As Best Understood, Schierzke et al. disclose dual-mode pliers comprising:
a first handle member comprising a first handle (5) and a first jaw (7, Figure 1);
a second handle member comprising a second handle (6) and a second jaw (8);
a channel (13) disposed in the first handle member between the first handle and the first jaw (Figure 1);
an adjustable pivot (15, Figure 4) affixed to the second handle member and disposed within the channel of the first handle member (Figure 4), the second handle member being configured to pivot relative to the first handle member about a pivot axis (i.e. an axis extending into the page through pivot 15, as seen in Figure 4) defined by the adjustable pivot (The examiner notes that since an adjustable pivot that defines a pivot axis has been provided, these two components also form the “multi-fulcrum”); and
a mode selector member (25/26) that is affixed to the second handle member and pivotable (i.e. about 29, paragraph 29) relative to the second handle member into an engaged position (i.e. the locked position shown in Figure 3) and a disengaged position (i.e. an unlocked position, generally shown in Figure 2);
wherein, with the mode selector member in the engaged position and contacting the first handle member, movement of the second handle towards the first handle causes a multi-fulcrum pivoting action (i.e. formed from an adjustable pivot that defines a pivot axis) that moves the adjustable pivot and a position of the pivot axis within the channel to adjust the second jaw towards the first jaw (see Figure 3 and note when the user “depress[es] the joint pin 15”, the multi-fulcrum [again formed from the adjustable pivot and it’s pivot axis] is slidable within channel 13, see paragraph 21), the multi-fulcrum pivoting action comprising pivoting of the second handle member about the pivot axis and pivoting of the second handle member relative to the mode selector member (see Figure 3 and note when the handles are engaged with the mode selector member [25/26], and when a user “depress[es] the joint pin 15”, the multi-fulcrum will slide in channel 13 upon squeezing the handles, paragraph 21).
In reference to claims 2 and 15, Schierzke et al. disclose that the adjustable pivot is affixed to the second handle member between the second jaw and the second handle (Figure 4); and wherein the mode selector member is affixed to the second handle member between the adjustable pivot and the second handle (Figure 4).
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 4, 5 and 12-14 are rejected under 35 U.S.C. 103 as being unpatentable over Schierzke et al. (2014/0290447) in view of Warbeit (5060543).
In reference to claim 4, Schierzke et al. disclose the claimed invention as previously discussed above, but lack,
the mode selector member comprises an arm with a rounded end; wherein the first handle member comprises an engagement notch configured to receive the rounded end of the arm of the mode selector member.
However, Schierzke et al. do teach that, “Any suitable locking device can here be used.” (see paragraph 29).
In addition, Warbeit teaches that it is old and well known in the art at the time the invention was made to pliers (10) including a similar locking device/mode selector member (32/72) comprising an arm (72) with a rounded end (76); wherein a first handle member (12) comprises an engagement notch (19) configured to receive the rounded end of the arm of the mode selector member (Column 4, Line 53-Column 5, Line 9, Figures 1 and 6).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to modify the locking device/mode selector member, of Schierzke et al., with the known technique of providing the similar locking device/mode selector member that is received in notch of the first handle, as taught by Warbeit, and the results would have been predictable. In this situation, one could provide a more advantageous and versatile device that more effectively locks first and second jaws in a desired position (Column 4, Lines 53-55).
In reference to claim 5, modified Schierzke et al. disclose that the multi-fulcrum pivoting action further comprises rotation (i.e. about 73 in Warbeit) of the rounded end of the arm within the engagement notch of the first handle member (Figure 6 in Warbeit).
In reference to claim 12, Warbeit also disclose a mode selector spring (36) is coupled to the mode selector member, the mode selector spring being configured to bias the rotational movement of the mode selector member to maintain the mode selector member in a current position, the current position being the engaged position or the disengaged position (Column 3, Lines 48-57).
In reference to claim 13, Warbeit discloses that the mode selector member comprises an arm (72); wherein the first handle member comprises an engagement notch (19) configured to receive an end of the arm of the mode selector member (Figure 6).
In reference to claim 14, Warbeit discloses that the end of the arm of the mode selector member rotates (i.e. about 73) within the engagement notch of the first handle member as the adjustable pivot moves within the channel.
Claims 6-8 and 16-18 are rejected under 35 U.S.C. 103 as being unpatentable over Schierzke et al. (2014/0290447) in view of Brailey (GB 2453331, translation included herewith).
In reference to claims 6 and 16, Schierzke et al. disclose the claimed invention as previously discussed above and further disclose that the channel comprises channel teeth (12), but lack specifically disclosing that,
the adjustable pivot comprises a pawl, the pawl comprising pawl teeth; and wherein the pawl is spring-biased to urge the pawl teeth towards engagement with the channel teeth.
However, Brailey teaches that it is old and well known in the art at the time the invention was made to pliers (1, Figure 1) including a similar adjustable pivot (Figure 3) that comprises a pawl (13, Figure 3), the pawl comprising pawl teeth (15); and wherein the pawl is spring-biased (i.e. from spring 16, Figure 3) to urge the pawl teeth towards engagement with the channel teeth (see following portion of translation disclosing, “A spring means 16 is arranged between the pawl 13 and a sidewall of the aperture 11, so that pressure is exerted onto the tooth 15 to engage with one of the notches 12.” ).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to modify the adjustable pivot, of Schierzke et al., with the known technique of providing the similar adjustable pivot including the spring-biased pawl, as taught by Brailey, and the results would have been predictable. In this situation, one could provide a more advantageous and versatile self-adjusting device (see Abstract) that automatically provides pressure onto the tooth of the spring-biased pawl thereby maintaining engagement with the teeth of the channel during normal operation (see following portion of translation disclosing, “A spring means 16 is arranged between the pawl 13 and a sidewall of the aperture 11, so that pressure is exerted onto the tooth 15 to engage with one of the notches 12.” ).
In reference to claims 7 and 17, Schierzke et al. disclose the claimed invention as previously discussed above, but lack,
the pawl further comprises a pawl lever that extends from the pawl;
wherein the second handle member further comprises a pin;
wherein, as the first handle is moved away from the second handle, the pawl lever moves toward the pin until the pawl level engages with the pin such that continued movement of the first handle away from the second handle causes the pawl teeth to disengage from the channel teeth.
However, Brailey also teaches that it is old and well known in the art at the time the invention was made to pliers (1, Figure 1) including a similar adjustable pivot (Figure 3) that comprises a pawl (13, Figure 3);
wherein the pawl further comprises a pawl lever (18) that extends from the pawl (Figure 3);
wherein second handle member (3) further comprises a pin (17, Figure 2);
wherein, as the first handle is moved away from the second handle, the pawl lever moves toward the pin until the pawl level engages with the pin such that continued movement of the first handle away from the second handle causes the pawl teeth to disengage from the channel teeth (see following portion of translation disclosing, “When the pliers are reopened to allow the jaws 8, 9 to travel back to their maximum opening position, the release pin 17 activates the top of the pawl 13 and tilts it forwards so that the tooth disengages the notches 12. This allows the jaws 8, 9 to be freely adjusted. In other words, the release pin 17 exerts pressure on the release surface 1 8 of the pawl 13 thereby allowing the pawl 13 to pivot about the pivot pin 14 and release the tooth from the notches 12 in the longitudinal slot 11. At the same time, the spring pressure exerted against the * rear edge of longitudinal slot 11 is reduced and the two handle portions 4, 5 can be slid apart to open the jaws 8, 9 to the maximum.”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to modify the adjustable pivot, of Schierzke et al., with the known technique of providing the similar adjustable pivot including the pawl lever that extends from the pawl and with a second handle member that further comprises the pin, as taught by Brailey, and the results would have been predictable. In this situation, one could provide a more advantageous and versatile self-adjusting device (see Abstract) that allows the device to be freely adjusted (see following portion of translation disclosing, “…This allows the jaws 8, 9 to be freely adjusted.).
In reference to claims 8 and 18, Brailey discloses that wherein, in an engaged position, as the first handle is moved towards the second handle, the pawl teeth ratchet across the channel teeth as the pivot axis moves within channel slide the second jaw towards first jaw (see following portion of translation disclosing, “When the handle portions 4, 5 are squeezed with one hand to initiate the automatic self-adjustment of the opening width of the jaws 8, 9, the tooth 15 fits into the series of notches 12 on the leading edge of the longitudinal slot and locks at the desired position to prevent the jaws inadvertently reopening. Upon reaching the optimum position, the spring 16 allows for rotation of the pawl 13 in the longitudinal ratcheting aperture 11 for the handles 2, 3 to allow * the jaws 8, 9 to exert the maximum required pressure on the material to be clamped without hindrance. When the handle portions 4, 5 are further squeezed, the jaws 8, 9 automatically adjust to the ideal position to allow them to be substantially parallel and exert the maximum pressure whilst employing the largest gripping surface.”).
Claims 9, 10, 19 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Schierzke et al. (2014/0290447) in view of Schulz et al. (6497165) or Cantin (7306212).
In reference to claims 9 and 19, Schierzke et al. disclose the claimed invention as previously discussed above, but lack,
the mode selector member comprises an arm with selector teeth disposed at an end of the arm;
wherein the first handle member comprises engagement teeth disposed on an external edge of the first handle member;
wherein the dual-mode pliers further comprise a spring coupled to the mode selector member and the second handle member; the spring being configured to urge the selector teeth towards engagement with the engagement teeth.
However, Schulz et al. teach that it is old and well known in the art at the time the invention was made to provide pliers (see Figures 4a-5c) with a mode selector member that comprises an arm (62) with selector teeth (64) disposed at an end of the arm (Figure 4c);
wherein a first handle member (10) comprises engagement teeth (60) disposed on an external edge of the first handle member (Figure 4b);
wherein the dual-mode pliers further comprise a spring (24) coupled to the mode selector member and the second handle member; the spring being configured to urge the selector teeth towards engagement with the engagement teeth (Figure 5c).
In addition, Cantin also teaches that it is old and well known in the art at the time the invention was made to provide pliers (10, see Figures 1-3) with a mode selector member (88) that comprises an arm (94) with selector teeth (96) disposed at an end of the arm (Figure 1);
wherein a first handle member (12) comprises engagement teeth (84) disposed on an external edge of the first handle member (Figure 1);
wherein the pliers further comprise a spring (102) coupled to the mode selector member and the second handle member; the spring being configured to urge the selector teeth towards engagement with the engagement teeth (Column 7, Line 64-Column 8, Line 3).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to modify the pliers, of Schierzke et al., with the known technique of providing the spring biased mode selector member that engages with engagement teeth disposed on an external edge of the first handle member, as taught by Schulz et al. or Cantin, and the results would have been predictable. In this situation, one could provide a more advantageous and versatile device that provides pliers with "true" single-hand operation, and which are distinguished by a particularly simple design and small manufacturing costs, few parts and simple assembly in particular (see Column 1, Line 65-Column 2, Line 3, of Schulz et al.) or that more effectively provides a desired clamping force as required by the user (see Column 8, Lines 9-10).
In reference to claims 10 and 20, Schulz et al. disclose that wherein, in the engaged position (see position in Figure 5c), the selector teeth are engaged with the engagement teeth, and, as a second handle (8) is moved towards the first handle (as in Figure 5b), the selector teeth ratchet across the engagement teeth (i.e. when going from Figure 5c to Figure 5b). Additionally, Cantin also discloses that wherein, in the engaged position (see position in Figure 5c), the selector teeth are engaged with the engagement teeth, and, as a second handle (14) is moved towards the first handle (see Figures 1-2), the selector teeth ratchet across the engagement teeth (i.e. Figures 1-2).
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 11819987.
In reference to claims 1 and 11, Although the claims at issue are not identical, they are not patentably distinct from each other because both disclose:
a first handle member comprising a first handle and a first jaw (see claims 1 and 11, of U.S. Patent No. 11819987);
a second handle member comprising a second handle and a second jaw (see claims 1 and 11, of U.S. Patent No. 11819987);
a channel disposed in the first handle member between the first handle and the first jaw (see claims 1 and 11, of U.S. Patent No. 11819987);
an adjustable pivot that defines a pivot axis (see claims 1 and 11, of U.S. Patent No. 11819987) ;
a mode selector pivotable into first and second positions (see claims 1 and 11, of U.S. Patent No. 11819987);
wherein, with the mode selector member in the engaged position and contacting the first handle member, movement of the second handle towards the first handle causes a multi-fulcrum pivoting action (i.e. formed from an adjustable pivot that defines a pivot axis) that moves the adjustable pivot and a position of the pivot axis within the channel to adjust the second jaw towards the first jaw, the multi-fulcrum pivoting action comprising pivoting of the second handle member about the pivot axis and pivoting of the second handle member relative to the mode selector member (see claims 1 and 11, of U.S. Patent No. 11819987).
In reference to claim 2, U.S. Patent No. 11819987 also discloses that the adjustable pivot is affixed to the second handle member between the second jaw and the second handle; and wherein the mode selector member is affixed to the second handle member between the adjustable pivot and the second handle (see claim 2, of U.S. Patent No. 11819987).
In reference to claim 3, U.S. Patent No. 11819987 also discloses that wherein, in the disengaged position, the mode selector member is not engaged with the first handle member, and, as the second handle is moved towards the first handle, the adjustable pivot is not compelled to move a position of the pivot axis within the channel (see claim 1, of U.S. Patent No. 11819987).
In reference to claim 4, U.S. Patent No. 11819987 also discloses that the mode selector member comprises an arm with a rounded end; wherein the first handle member comprises an engagement notch configured to receive the rounded end of the arm of the mode selector member (see claim 4, of U.S. Patent No. 11819987).
In reference to claim 5, U.S. Patent No. 11819987 also discloses that the multi-fulcrum pivoting action further comprises rotation of the rounded end of the arm within the engagement notch of the first handle member (see claim 5, of U.S. Patent No. 11819987).
In reference to claim 6, U.S. Patent No. 11819987 also discloses that the adjustable pivot comprises a pawl, the pawl comprising pawl teeth; wherein the channel comprises channel teeth; and wherein the pawl is spring-biased to urge the pawl teeth towards engagement with the channel teeth (see claim 6, of U.S. Patent No. 11819987).
In reference to claim 7, U.S. Patent No. 11819987 also discloses that the pawl further comprises a pawl lever that extends from the pawl; wherein the second handle member further comprises a pin; wherein, as the first handle is moved away from the second handle, the pawl lever moves toward the pin until the pawl level engages with the pin such that continued movement of the first handle away from the second handle causes the pawl teeth to disengage from the channel teeth (see claim 7, of U.S. Patent No. 11819987).
In reference to claim 8, U.S. Patent No. 11819987 also discloses that in the engaged position, as the first handle is moved towards the second handle, the pawl teeth ratchet across the channel teeth as the pivot axis moves within channel slide the second jaw towards first jaw (see claim 8, of U.S. Patent No. 11819987).
In reference to claim 9, U.S. Patent No. 11819987 also discloses that the mode selector member comprises an arm with selector teeth disposed at an end of the arm; wherein the first handle member comprises engagement teeth disposed on an external edge of the first handle member; wherein the dual-mode pliers further comprise a spring coupled to the mode selector member and the second handle member, the spring being configured to urge the selector teeth towards engagement with the engagement teeth (see claim 9, of U.S. Patent No. 11819987).
In reference to claim 10, U.S. Patent No. 11819987 also discloses that wherein, in the engaged position, the selector teeth are engaged with the engagement teeth, and, as the second handle is moved towards the first handle, the selector teeth ratchet across the engagement teeth (see claim 10, of U.S. Patent No. 11819987).
In reference to claim 12, U.S. Patent No. 11819987 also discloses that further comprising a mode selector spring coupled to the mode selector member, the mode selector spring being configured to bias the rotational movement of the mode selector member to maintain the mode selector member in a current position, the current position being the engaged position or the disengaged position (see claim 12, of U.S. Patent No. 11819987).
In reference to claim 13, U.S. Patent No. 11819987 also discloses that the mode selector member comprises an arm; wherein the first handle member comprises an engagement notch configured to receive an end of the arm of the mode selector member (see claim 13, of U.S. Patent No. 11819987).
In reference to claim 14, U.S. Patent No. 11819987 also discloses that the end of the arm of the mode selector member rotates within the engagement notch of the first handle member as the adjustable pivot moves within the channel (see claim 14, of U.S. Patent No. 11819987).
In reference to claim 15, U.S. Patent No. 11819987 also discloses that the adjustable pivot is affixed to the second handle member between the second jaw and the adjustable pivot (see claim 15, of U.S. Patent No. 11819987).
In reference to claim 16, U.S. Patent No. 11819987 also discloses that the adjustable pivot comprises a pawl, the pawl comprising pawl teeth; wherein the channel comprises channel teeth; and wherein the pawl is spring-biased to urge the pawl teeth towards engagement with the channel teeth (see claim 16, of U.S. Patent No. 11819987).
In reference to claim 17, U.S. Patent No. 11819987 also discloses that the pawl further comprises a pawl lever that extends from the pawl; wherein the second handle member further comprises a pin; wherein, as the first handle is moved away from the second handle, the pawl lever moves toward the pin until the pawl level engages with the pin such that continued movement of the first handle away from the second handle causes the pawl teeth to disengage from the channel teeth (see claim 17, of U.S. Patent No. 11819987).
In reference to claim 18, U.S. Patent No. 11819987 also discloses that wherein, in the engaged position, as the first handle is moved towards the second handle, the pawl teeth ratchet across the channel teeth as the pivot axis moves within channel slide the second jaw towards first jaw (see claim 18, of U.S. Patent No. 11819987).
In reference to claim 19, U.S. Patent No. 11819987 also discloses that the mode selector member comprises an arm with selector teeth disposed at an end of the arm; wherein the first handle member comprises engagement teeth disposed on an external edge of the first handle member; wherein the adjustable pliers further comprise a spring coupled to the mode selector member and the second handle member, the spring being configured to urge the selector teeth towards engagement with the engagement teeth (see claim 19, of U.S. Patent No. 11819987).
In reference to claim 20, U.S. Patent No. 11819987 also discloses that wherein, in the engaged position, the selector teeth are engaged with the engagement teeth, and, as the second handle is moved towards the first handle, the selector teeth ratchet across the engagement teeth (see claim 20, of U.S. Patent No. 11819987).
Allowable Subject Matter
Claim 3, is 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 and when a proper Terminal Disclaimer has been provided.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Azkona (6467380) teaches that it is old and well known in the art at the time the invention was made to pliers (Figures 1 and 4) including a similar adjustable pivot that comprises a pawl (14), the pawl comprising pawl teeth (17); and wherein the pawl is spring-biased (i.e. from spring “m”, Figure 4) to urge the pawl teeth towards engagement with the channel teeth (Column 3, Line 4-Column 4, Line 5).
Battenfeld (DE 19963097, translation included herewith) also teaches that it is old and well known in the art at the time the invention was made to provide pliers (see Figures 1-5) with a mode selector member (33) that comprises an arm (34) with selector teeth (35) disposed at an end of the arm (Figure 1); wherein a first handle member (2) comprises engagement teeth (31) disposed on an external edge of the first handle member (Figure 1); wherein the pliers further comprise a spring (36) coupled to the mode selector member and the second handle member; the spring being configured to urge the selector teeth towards engagement with the engagement teeth (Figures 1-5).
Nerf (5408904) also shows similar pliers including an external tooth arrangement (50) on a first handle (14) for engagement with a pawl (52) extending on a second handle (38).
Chow (5850768) also shows similar pliers including an external tooth arrangement (302) on a first handle (31) for engagement with a pawl (45) extending on a second handle (40).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT J SCRUGGS whose telephone number is (571)272-8682. The examiner can normally be reached M-F 6-2.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Posigian can be reached at 313-446-6546. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/ROBERT J SCRUGGS/Primary Examiner, Art Unit 3723