DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 102/103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1, 2, 8, 9 11 and 12 are finally rejected under 35 U.S.C. 102(a)(1) as anticipated by Chen (2003/0164073) or, in the alternative, under 35 U.S.C. 103 as obvious over in view of Heggemann et al. (6,612,206 “Heggemann”).
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Chen meets all of the limitations of claim 1, i.e., a pliers 1, 2, 3 actuation assembly group 1, 2 which can be coupled to a pliers head 3 to form pliers in such a way that a stroke of die halves jaws of the pliers head can be brought about by means of a manual actuation of the pliers actuation assembly group, with
a) two hand levers 1, 2, wherein
aa) one hand lever 1 has a first hand lever plate 102 and a separate spaced apart, Fig. 1 second hand lever plate 103, the first hand lever plate and the second hand lever plate being rigidly connected to one another by the bottom web,
ab) the other hand lever 2 has a third hand lever plate 202 and a separate spaced apart, Fig. 1 fourth hand lever plate 203, the first hand lever plate and the second hand lever plate being rigidly connected to one another @10, and
ac) the first 102, second 103, third 202 and fourth hand lever plates 203 are arranged parallel to one another Fig. 4,
b) a pivot bolt 10 via which the hand levers are pivotably connected to one another Fig. 1,
c) a stop part 251 (252) held and/or guided on the third hand lever plate 202, the stop part being spaced from the pivot bolt Fig. 4, and
d) a stop 152 (252) formed by the first hand lever plate 102 and the stop part 251 (252), the stop 152 and the stop part 251 coming into contact with one another to limit an opening angle of the hand levers [0034],
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[AltContent: arrow][AltContent: textbox (SHOULDER)]wherein at least one of the stop part 251 and the pivot bolt has a shoulder annotated Fig. 4 which in the assembled state of the pliers actuation assembly group contacts the third hand lever plate 202 for providing a support in a direction vertical to a pivot plane of the hand levers, anticipating the claim, since although claims limitations are interpreted in view of the specification, limitations from specification are not read into the claims. However, in the alternative and in order to expedite the prosecution, the lever plates are not separate pieces rigidly connected together.
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Heggemann teaches a pair of pliers, wherein the plates forming the handles are separate pieces 8, 9 coupled together by spacer bolts 10, 11, 12. It would have been obvious to one of ordinary skill in the art, before the effective date of the invention, to form each of the handles of Chen with two separate pieces coupled together as taught by Heggemann as an alternative means of forming the handles, providing ease of maintenance and to make the tool lighter.
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Regarding claim 2, PA (prior art, Chen modified by Heggemann) meets the limitations, i.e., the pliers actuation assembly group of claim 1, wherein the first, second, third and fourth hand lever plates are arranged in parallel planes in the following order in a direction vertical to the pivot plane of the hand levers;
a) the first hand lever plate 102, the third hand lever plate 202, the second hand lever plate 103, the fourth hand lever plate 203 or
b) the first hand lever plate, the third hand lever plate, the fourth hand lever plate, the second hand lever plate Fig. 4.
Regarding claim 4, PA meets the limitations of claim 4, except for the arrangements of the plates. It would have been obvious to one having ordinary skill in the art, before the effective date of the invention, to arrange the plates by interchanging the first and the third plates, (e.g., switching the slot and the stop part) for an alternative means of arranging the plates by reversing the location and functions of the plates, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikes, 86 USPQ 70.
Regarding claim 8, PA meets the limitations, i.e., the pliers actuation assembly group according to claim 1, wherein the stop 152 of the first hand lever 1 plate is formed by an edge boundary of a recess slot of the first hand lever plate [0034].
Regarding claim 9, PA meets the limitations, i.e., the pliers actuation assembly group of claim 8, wherein the recess slot 152 is an elongated hole, which has a curved longitudinal axis arranged concentrically to a pivot axis of the hand levers defined by the pivot bolt Fig. 1.
CLIAM 11
Chen meets all of the limitations of claim 11, i.e., a pliers comprising a pliers actuation assembly group comprising:
a) two hand levers 1, 2, wherein
aa) one hand lever 1 (101) has a first hand lever plate 102 and a separate second hand lever plate 103 spaced apart Fig. 1, the first hand lever plate and the second hand lever plate being rigidly connected to one another @10,
ab) the other hand lever 2 (201) has a third hand lever plate 202 and a separate fourth hand lever plate 203 spaced apart Fig. 1, the first hand lever plate and the second hand lever plate being rigidly connected to one another @10, and
ac) the first 102, second 103, third 202 and fourth hand lever plates 203 are arranged parallel to one another Fig. 4,
b) a pivot bolt 10 via which the hand levers are pivotably connected to one another,
c) a stop part 251 (252) held and/or guided on the third hand lever plate 202, the stop part being spaced from the pivot bolt Fig. 4, and
d) a stop slot 152 formed by the first hand lever plate and the stop part 251, the stop 152 and the stop part 251 coming into contact with one another to limit an opening angle of the hand levers [0035],
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[AltContent: arrow][AltContent: textbox (SHOULDER)]e) wherein at least one of the stop part 251 and the pivot bolt has a shoulder annotated Fig. 4 meeting the narrative/functional language of which in the assembled state of the pliers actuation assembly group contacts the third hand lever plate for providing a support in a direction vertical to a pivot plane of the hand levers, the pliers actuation assembly group being coupled to a pliers head in such a way that a stroke of die halves of the pliers head can be brought about by means of a manual actuation of the pliers actuation assembly group, anticipating the claim, since although claims limitations are interpreted in view of the specification, limitations from specification are not read into the claims. However, in the alternative and in order to expedite the prosecution, the lever plates are not separate pieces rigidly connected together.
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Heggemann teaches a pair of pliers, wherein the plates forming the handles are separate pieces 8, 9 coupled together by spacer bolts 10, 11, 12. It would have been obvious to one of ordinary skill in the art, before the effective date of the invention, to form each of the handles of Chen with two separate pieces coupled together as taught by Heggemann as an alternative means of forming the handles, providing ease of maintenance and to make the tool lighter.
CLAIM 12
Chen meets all of the limitations of claim 12, i.e., a method of assembling a pliers actuator assembly group which can be coupled to a pliers head to form pliers in such a way that a stroke of die halves of the pliers head can be brought about by means of a manual actuation of the pliers actuation assembly group, the pliers actuator assembly group comprising, the method comprising:
providing a pliers actuator assembly comprising
a) two hand levers 1, 2, wherein
aa) one hand lever 1 has a first hand lever plate 102 and a separate second hand lever plate 103 spaced apart Fig. 1, the first hand lever plate and the second hand lever plate being connected to one another @10,
ab) the other hand lever 2 has a third hand lever plate 202 and a fourth hand lever plate 203, the third hand lever plate and the fourth hand lever plate being rigidly connected to one another @10, and
ac) the first, second, third and fourth hand lever plates are arranged parallel to one another Fig. 4,
b) a pivot bolt 10 via which the hand levers are pivotably connected to one another,
c) a stop part 251 (252) held and/or guided on the third hand lever plate 202, the stop part being spaced from the pivot bolt Fig. 4,
d) a stop slot 152 formed by the first hand lever plate 102 and the stop part 251, the stop and the stop part coming into contact with one another to limit an opening angle of the hand levers [0035],
e) wherein at least one of the stop part 251 and the pivot bolt has a shoulder annotated Fig. 4 which in the assembled state of the pliers actuation assembly group contacts the third hand lever plate for providing a support in a direction vertical to a pivot plane of the hand levers,
inserting the pivot bolt 10 into a bearing eye of the first hand lever plate;
pushing the third hand lever plate onto the pivot bolt;
inserting the stop part 251 in such a way that a first longitudinal section extends into a recess or into an elongated hole of the first hand lever plate and through a holding and/or guiding bore of the third hand lever plate 202, the shoulder being supported on the third hand lever plate;
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[AltContent: arrow][AltContent: textbox (SHOULDER)]pushing the second hand lever plate 103 and the fourth hand lever plate 203 onto the pivot bolt and blocking the support surface of a second longitudinal section of the stop part by the second hand lever plate or fourth hand lever plate from unwanted disassembly;
fixing the first and second hand lever plates to each other and fixing the third and fourth hand lever plates to each other, whereby the pivot bolt and/or the stop part are trapped between two hand lever plates,
anticipating the claim, since although claims limitations are interpreted in view of the specification, limitations from specification are not read into the claims. However, in the alternative and in order to expedite the prosecution, the lever plates are not separate pieces rigidly connected together.
Heggemann teaches a pair of pliers, wherein the plates forming the handles are separate pieces 8, 9 coupled together by spacer bolts 10, 11, 12. It would have been obvious to one of ordinary skill in the art, before the effective date of the invention, to form each of the handles of Chen with two separate pieces coupled together as taught by Heggemann as an alternative means of forming the handles, providing ease of maintenance and to make the tool lighter.
Please note that under the principals of inherency, if a prior art device, in its normal and usual operation, would necessarily perform the method claimed, then the method claimed will be considered to be anticipated by the prior art device. When the prior art device is the same as a device described in the specification for carrying out the claimed method, it can be assumed the device will inherently perform the claimed process. In re King, 801 F.2d 1324, 231 USPQ 136 (Fed. Cir. 1986).
It is also noted if all of the limitations of the associated article claim are not recited in the method claim, such method and article claims may be subject to Restriction/Election.
Regarding claim 13, PA meets the limitations, i.e., the pliers actuation assembly group according to claim 1, wherein the first hand lever plate and the second hand lever plate are rigidly connected to one another with a plurality of pins 10, 11…, Heggemann.
Regarding claim 14, PA meets the limitations, i.e., the pliers actuation assembly group of claim 13, wherein the first hand lever plate and the second hand lever plate are spaced from each other by a plurality of spacers bolts 10, 11… positioned into accommodating recessed defined in the first hand lever plate and the second hand lever plate Fig. 1 Heggemann.
Regarding claim 15, PA meets the limitations, i.e., the pliers actuation assembly group of claim 1, wherein the shoulder of at least one of the stop part and the pivot bolt contacts the third hand lever plate for providing a support in a direction outward and away from the second hand lever plate Fig. 4, Chen.
Claim 10 is finally rejected under 35 U.S.C. 103 as being unpatentable over PA, further in view of Chen et al. (8,555,754) .
PA (Chen modified by Heggemann) meets the limitations of claim 10, except for the pivot bolt 10 to have two shoulders.
Chen teaches a biased pliers having compound pivot defining shoulders 92, 94. It would have been obvious to one of ordinary skill in the art, before the effective date of the invention, to modify the pivot of Chen with the compound pivot having shoulders as taught by Chen et al. to avoid binding and misalignment.
Allowable Subject Matter
Claims 3, 5-7 and 16 are 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.
The following is a statement of reasons for the indication of allowable subject matter: art of record considered as a whole, alone or in combination, neither anticipates nor renders obvious a stop part as recited in claims 3 and 5 including a support surface 75, together in combination with the rest of the limitations as recited in claim(s).
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.
Response to Arguments
Applicant's arguments filed March 30, 2026 have been fully considered but they are not persuasive.
The argument that prior art fails to disclose a pliers actuation assembly group comprising two hand levers, wherein one hand lever has a first hand lever plate and a separate second hand lever plate, the first hand lever plate and the second hand lever plate being rigidly connected to one another; and the other hand lever has a third hand lever plate and a separate fourth hand lever plate, the third hand lever plate and the fourth hand lever plate being rigidly connected to one another, is not persuasive.
As indicated above, the plates as disclosed by Chen are separated, i.e., they’re spaced apart. However, forming pilers handles with separate handles coupled by spacer bolts are well known and common in the art, and choosing so, for ease of maintenance and/or to make the tool lighter is considered an obvious modification to one of ordinary skill in the art.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HADI SHAKERI whose telephone number is (571)272-4495. The fax phone number for forwarding unofficial documents for discussion purposes only is (571) 273-4495. The examiner can normally be reached on M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Keller can be reached on 571 272 8548. The fax number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Hadi Shakeri/
June 14, 2026 Primary Examiner, Art Unit 3723
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