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 .
Election/Restriction
Restriction to one of the following inventions is required under 35 U.S.C. 121:
I. Claims 1-8, drawn to an electric screwdriver, classified in B25B21/00.
II. Claims 9-18, drawn to another electric screwdriver, classified in B25B23/0035.
The inventions are independent or distinct, each from the other because:
Inventions I and II are directed to related Inventions. The related inventions are distinct if: (1) the inventions as claimed are either not capable of use together or can have a materially different design, mode of operation, function, or effect; (2) the inventions do not overlap in scope, i.e., are mutually exclusive; and (3) the inventions as claimed are not obvious variants. See MPEP § 806.05(j). In the instant case, the inventions as claimed have a materially different design, mode of operation, function, or effect, do not overlap in scope and are not obvious variants. Specifically, Invention I requires main body having an exposed end that includes a charging port, which is not required by Invention II. Furthermore, the inventions as claimed do not encompass overlapping subject matter and there is nothing of record to show them to be obvious variants.
Restriction for examination purposes as indicated is proper because all the inventions listed in this action are independent or distinct for the reasons given above and there would be a serious search and/or examination burden if restriction were not required because one or more of the following reasons apply:
The inventions require different fields of searches including different classes/subclasses or electronic resources (see section 2 above) and employing different search strategies or search queries, because Invention I is directed to an electric screwdriver comprising a main body having an exposed end that includes a charging port (see claim 1), whereas Invention II does not require such limitations.
Applicant is advised that the reply to this requirement to be complete must include (i) an election of an invention to be examined even though the requirement may be traversed (37 CFR 1.143) and (ii) identification of the claims encompassing the elected invention.
The election of an invention may be made with or without traverse. To reserve a right to petition, the election must be made with traverse. If the reply does not distinctly and specifically point out supposed errors in the restriction requirement, the election shall be treated as an election without traverse. Traversal must be presented at the time of election in order to be considered timely. Failure to timely traverse the requirement will result in the loss of right to petition under 37 CFR 1.144. If claims are added after the election, applicant must indicate which of these claims are readable upon the elected invention.
Should applicant traverse on the ground that the inventions are not patentably distinct, applicant should submit evidence or identify such evidence now of record showing the inventions to be obvious variants or clearly admit on the record that this is the case. In either instance, if the examiner finds one of the inventions unpatentable over the prior art, the evidence or admission may be used in a rejection under 35 U.S.C. 103 or pre-AIA 35 U.S.C. 103(a) of the other invention.
During a telephone conversation with Raymon Chew on December 10, 2025 a provisional election was made without traverse to prosecute the invention of Invention I, claims 1-8. Affirmation of this election must be made by applicant in replying to this Office action. Claims 9-18 are withdrawn from further consideration by the examiner, 37 CFR 1.142(b), as being drawn to a non-elected invention.
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 “main body…detachably connected to the retainer” 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 § 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 1-8 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1, discloses “an electric screwdriver”. However, the only component that relates to such an electric screwdriver is charging port (131, see Figures 2-3) but it is unclear what the charging port charges or what it is connected with. Thus, it is unclear how the device functions an electric screwdriver. In other words, what are the components of the device that function as a screwdriver? Is there a socket for receiving a bit? If so, where is this element shown and described? Is such a socket located on the main body or the retainer? Figure 2, shows an end view of the device but it is unclear where such a socket could be located. Is there a motor that drives the socket? If so, where is this element shown and described? Further clarification is respectfully requested.
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 1-8 are rejected, As Best Understood, under 35 U.S.C. 103 as being unpatentable over Liu (CN 211332960, citation included herewith) in view of Wei et al. (2016/0089771).
In reference to claim 1, As Best Understood, Liu discloses a precision screwdriver (Figure 1) comprising:
a hollow housing (see figure below);
a hollow retainer (4) received in and detachably connected to the housing (Figure 1);
a main body (see figure below and note the different cross-hatch marks between the hollow housing and the main body in Figure 3 thereby indicating that these are two different components) received in the retainer (note, at least portion 3-6 of the main body is received in a chamber of the hollow retainer 4, see figure below and Figure 4), and detachably connected to the retainer (Figures 3 and 4) or the housing; and
wherein the retainer is configured (i.e. from upper portion 4-6-1, see Figure 6) to receive a pushing force from a user (Figures 4 sand 5) so as to disconnect the retainer from the housing (Figures 1 and 3), and disconnect the main body from the retainer (Figures 1 and 3) or the housing.
[AltContent: textbox (Chamber that receives portion 3-6 of the main body)][AltContent: arrow]
PNG
media_image1.png
542
418
media_image1.png
Greyscale
PNG
media_image2.png
582
366
media_image2.png
Greyscale
Liu lacks,
the screwdriver being electric;
the main body comprising an exposed end; and
wherein a charging port is arranged in the exposed end of the main body.
However, Wei et al. teach that it is old and well known in the art at the time the invention was made to provide a screwdriver that can be used as an electric screwdriver (see Title) or as a manual screwdriver (see paragraphs 42 and 45, and note the manual screwdriver is similar to the manual screwdriver of Liu), and wherein a main body (11) comprises an exposed end (i.e. left end thereof in Figures 2 and 3) and wherein a charging port (i.e. formed as the “charging groove for accommodating and fixing the charging interface 164.”, see paragraph 51) is arranged in the exposed end of the main body (Figure 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 manual screwdriver, of Liu, with the known technique of providing a screwdriver that can be used as an electric screwdriver or as a manual screwdriver and also includes the charging port that is arranged in the exposed end of the main body, as taught by Wei et al., and the results would have been predictable. In this situation, one could provide a more advantageous and versatile multi-functioning screwdriver (see paragraphs 2 and 4) that can be operated automatically (i.e. by using motor 12) and can be more easily charged (paragraph 51) or that can be used manually thereby allowing a user to obtain a relatively large torque (see paragraph 45).
In reference to claim 2, Liu discloses further comprising a magnet (4-7) and an attracting member (3-1), wherein the retainer defines a chamber (see figure above) to receive the main body, the magnet is arranged on an end of the retainer [not the main body], the attracting member is mounted on the main body [not the retainer], the attracting member is magnetically attracted to the magnet (see following portion of translation disclosing that, “the pop-up mechanism 3 is provided with a pop-up magnet 4-7; the contact surface of the ejecting mechanism 3 and the batch head chamber main body 4-1 is provided with an iron sheet 3-1”), which detachably connects the main body to the retainer or the housing (Figures 1 and 3). Thus, Liu shows a reverse orientation of the magnet and the attracting member and therefore lacks,
the magnet being arranged on an end of the main body and the attracting member is mounted on the retainer or the housing.
However, the examiner notes that the applicant fails to provide any criticality in providing the magnet being arranged on an end of the main body and the attracting member being mounted on the retainer or the housing or that this specific arrangement provides any unexpected result. Thus, 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 rearrange the magnet such that it is arranged on an end of the main body and the attracting member is mounted on the retainer or the housing, since it has been held that a mere reversal of the essential working parts of a device involves only routine skill in the art. In re Einstein, 8 USPQ 167. In this situation, one could reverse the location of the magnet and the attracting member and still provide the desired magnetic connection therebetween.
In reference to claim 3, Liu discloses that the attracting member is a metal rod (3-1) aligned with the magnet (Figures 2-4).
In reference to claim 4, Liu discloses further comprising an elastic member (3-3) arranged around the attracting member (Figure 3).
In reference to claim 5, Liu discloses that the elastic member is compressed (Figure 3) when the main body is received in the retainer (see Figure 3 showing the elastic member being compressed whereas Figure 4 shows the elastic member being stretched).
In reference to claim 6, Liu discloses that the elastic member comprises a first end (i.e. upper end thereof) attached to the retainer (at least through the connection of parts therebetween), and an opposite second end (i.e. lower end thereof) abutting against the main body (Figure 3).
In reference to claim 7, Liu discloses that the elastic member is a coil spring (Figure 3).
In reference to claim 8, Liu discloses that the retainer and the housing each comprise an open end (see figures below), the exposed end of the main body and the open ends of the retainer and the housing are flush (Note; the definition of the term “flush” is defined according to www.merriam-webster.com as being; “directly abutting or immediately adjacent”, see definition 4b. Since, open ends of the main body, the retainer and the housing are “directly abutting or immediately adjacent” to each other [see figures below] they meet the definition above and thus the limitation of the claim) with one another when the main body is received in the retainer and the retainer is received in the housing.
PNG
media_image3.png
510
460
media_image3.png
Greyscale
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Foreign Reference (CN 104128920, citation included herewith) disclose an electric screwdriver (Figure 1) comprising; a hollow housing (formed from 2 and 7, Figures 1 and 2); a hollow retainer (6) received in and detachably connected to the housing (Figure 1); a main body (1) received in the retainer (Figure 2), and detachably connected to the retainer or the housing (Figure 1), the main body comprising an exposed end (i.e. outer circumferential end, Figure 1); and a charging port (4) arranged in the exposed end of the main body (Figure 1).
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