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 .
Specification
The abstract of the disclosure is objected to because it refers to the purported merits, specifically the phrases “permits a user” and “ensures”. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “drive member” and “biasing member” in claims 1 and 10. The drive member is discussed in paragraph 34 of the specification. The biasing member is discussed in paragraph 36. Claim 8 does not invoke 112(f) for the biasing member for setting forth sufficient structure.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 1-7 and 16-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Adibi (U.S Patent No. 12,138,748).
Regarding claim 1, Adibi teaches (Figures 1 and 3-5) a ratchet tool having a ratchet head (100). The ratchet head has a cavity (110) with a ratchet gear (200) disposed within. The ratchet gear includes a drive member (220) for transmitting torque to a work piece. The ratchet gear defines a perimeter and has a plurality of teeth (210) disposed around the perimeter. The ratchet head additionally includes a pawl (300) operable to selectively engage with the ratchet gear. The pawl (300) includes a front surface having a front surface midpoint (location bisected by dividing line A300 in Figure 5). The front surface has a first plurality of pawl teeth (310) disposed on a first side of the front surface relative to the midpoint and a second plurality of pawl teeth (320) on a second side of the front surface relative to the midpoint. The pawl is operable to selectively engage either of the first and second plurality of teeth are selectively engageable with ratchet gear teeth (Col. 4, lines 30-56) to limit rotational motion of the ratchet gear in one of a first rotational direction and a second rotational direction. Both sets of teeth are engageable with the ratchet teeth. The pawl additionally includes a rear surface (370 & 372) which defines a rear surface midpoint (location dividing line A300 passes through in Figure 5; Col. 6, lines 28-37) wherein a mid-plane (A300) intersects the front and rear surface midpoints. The rear surface defines an engagement surface (372) disposed in an engagement plane, the engagement plane is disposed at a selected angle with respect to the midplane (Figure 5). Adibi additionally teaches the use of a lever/switch (410) disposed in a switch aperture in the ratchet assembly cavity, a spring biased pusher (420), and a spring (not shown; Col. 5, lines 14-49) wherein the spring is between the lever and the pusher such that the pusher engages the rear surface (372) of the pawl (Figure 4) to bias the pawl into engagement with the ratchet gear.
Regarding claims 2 and 3, Adibi teaches (Figure 5) the selected angle of the engagement surface is non-perpendicular (i.e. the angle between A300 and the convex surface it intersects) and sloped relative to the mid-plane of the pawl.
Regarding claim 4, due to the relative shape of the engagement surface as compared to Figure 4 of the instant invention and the claimed structural requirements the engagement surface and the pawl the device of Adibi inherently creates an instability between a biasing member and the pawl when the biasing member contacts the pawl at the mid-plane of the pawl such that the pawl is forced in either a first rotational direction or a second rotational direction when inside a ratchet device.
Regarding claims 5 and 6, Adibi teaches (Figure 5) the engagement surface includes first and second concave curves and a convex curve formed between the first and second concave curves. The convex curve is positioned off-center relative to the dividing line A300 and a tangent of the convex curve forms a non-perpendicular angle relative to the mid-plane (A300).
Regarding claim 7, due to the relative shape of the convex engagement surface as compared to Figure 4 of the instant invention and the claimed structural requirements the engagement surface and the pawl the device of Adibi inherently creates an instability between a biasing member and the pawl when the biasing member contacts the pawl at the mid-plane of the pawl such that the pawl is forced in either a first rotational direction or a second rotational direction when inside a ratchet device.
Regarding claim 16, Adibi teaches (Figure 5) a pawl (300) for a ratchet tool. The pawl (300) includes a front surface having a front surface midpoint (location bisected by dividing line A300 in Figure 5). The front surface has a first plurality of pawl teeth (310) disposed on a first side of the front surface relative to the midpoint and a second plurality of pawl teeth (320) on a second side of the front surface relative to the midpoint. The pawl is operable to selectively engage either of the first and second plurality of teeth are selectively engageable with ratchet gear teeth (Col. 4, lines 30-56). Both sets of teeth are engageable with the ratchet teeth. The pawl additionally includes a rear surface (370 & 372) which defines a rear surface midpoint (location dividing line A300 passes through in Figure 5; Col. 6, lines 28-37) wherein a mid-plane (A300) intersects the front and rear surface midpoints. The rear surface defines an engagement surface (372) disposed in an engagement plane, the engagement plane is disposed at a selected angle with respect to the midplane (Figure 5). Due to the relative shape of the engagement surface as compared to Figure 4 of the instant invention and the claimed structural requirements the engagement surface inherently is operable to create an instability between a biasing member and the pawl when the biasing member contacts the pawl at the mid-place of the pawl such that the pawl is forced in either a first rotational direction or a second rotational direction when inside a ratchet device.
Regarding claims 17 and 18, Adibi teaches (Figure 5) the selected angle of the engagement surface is non-perpendicular (i.e. the angle between A300 and the convex surface it intersects) and sloped relative to the mid-plane of the pawl.
Regarding claims 19 and 20, Adibi teaches (Figure 5) the engagement surface includes first and second concave curves and a convex curve formed between the first and second concave curves. The convex curve is positioned off-center relative to the dividing line A300.
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 8-15 are rejected under 35 U.S.C. 103 as being unpatentable over Adibi in view of Anderson et al (U.S Patent No. 9,815,179), hereinafter Anderson.
Regarding claim 9, Adibi teaches (Figure 3) the pin/pusher (420) includes a non-planar surface.
Regarding claims 10, Adibi teaches (Figures 1 and 3-5) a ratchet tool having a ratchet head (100). The ratchet head has a cavity (110) with a ratchet gear (200) disposed within. The ratchet gear includes a drive member (220) for transmitting torque to a work piece. The ratchet gear defines a perimeter and has a plurality of teeth (210) disposed around the perimeter. The ratchet head additionally includes a pawl (300) operable to selectively engage with the ratchet gear. The pawl (300) includes a front surface having a front surface midpoint (location bisected by dividing line A300 in Figure 5). The front surface has a first plurality of pawl teeth (310) disposed on a first side of the front surface relative to the midpoint and a second plurality of pawl teeth (320) on a second side of the front surface relative to the midpoint. The pawl is operable to selectively engage either of the first and second plurality of teeth are selectively engageable with ratchet gear teeth (Col. 4, lines 30-56). Both sets of teeth are engageable with the ratchet teeth to limit rotational motion of the ratchet gear in one of a first rotational direction and a second rotational direction. The pawl additionally includes a rear surface (370 & 372) which defines a rear surface midpoint (location dividing line A300 passes through in Figure 5; Col. 6, lines 28-37) wherein a mid-plane (A300) intersects the front and rear surface midpoints. The rear surface defines an engagement surface (372) disposed in an engagement plane, the engagement plane is disposed at a selected angle with respect to the midplane (Figure 5). Adibi teaches the use of a lever/switch (410) disposed in a switch aperture in the ratchet assembly cavity, a spring biased pusher (420), and a spring (not shown; Col. 5, lines 14-49) wherein the spring is between the lever and the pusher such that the pusher engages the rear surface (372) of the pawl (Figure 3) to bias the pawl into engagement with the ratchet gear. A central axis of the biasing member and the engagement surface of the pawl form a non-perpendicular angle when the biasing member contacts the engagement surface of the pawl (inherent as both 420 and the engagement surface are curved; Figure 4)
Regarding claim 11, Adibi teaches (Figure 5) the engagement surface is non-perpendicular (i.e. sloped relative to the mid-plane of the pawl.
Regarding claim 12, due to the relative shape of the engagement surface as compared to Figure 4 of the instant invention and the claimed structural requirements the engagement surface and the pawl the device of Adibi inherently creates an instability between a biasing member and the pawl when the biasing member contacts the pawl at the mid-plane of the pawl such that the pawl is forced in either a first rotational direction or a second rotational direction when inside a ratchet device.
Regarding claims 13 and 14, Adibi teaches (Figure 5) the engagement surface includes first and second concave curves and a convex curve formed between the first and second concave curves. The convex curve is positioned off-center relative to the dividing line A300 and a tangent of the convex curve forms a non-perpendicular angle relative to the mid-plane (A300).
Regarding claim 15, due to the relative shape of the convex engagement surface as compared to Figure 4 of the instant invention and the claimed structural requirements the engagement surface and the pawl the device of Adibi inherently creates an instability between a biasing member and the pawl when the biasing member contacts the pawl at the mid-plane of the pawl such that the pawl is forced in either a first rotational direction or a second rotational direction when inside a ratchet device.
Regarding claims 8 and 10, Adibi teaches all of the elements of the current invention as stated above except the biasing member being partially disposed within the switch.
Anderson teaches (Figure 3B) it is common when utilizing a pivotal lever (122) to engage a pawl (94a&b) via a spring biased pin/pusher (138a&B) to at least partially dispose the spring (136a&b) within the lever (122).
Because Adibi is silent to the exactly location and configuration of the spring utilized and because Anderson teaches a known construction that allows for successful biasing of a pin/pusher into engagement with a pivotal pawl relative to the movement of a lever, it would have been obvious to one of ordinary skill in the art to try at least partially disposing the spring in the lever to achieve the predictable result of successfully biasing the pusher into engagement with the pawl.
Response to Arguments
Applicant's arguments filed 4/27/2026 have been fully considered but they are not persuasive.
Regarding applicant’s arguments directed to the abstract. Examiner has clarified the objection by including the specific phrases at issue.
Regarding applicant’s arguments directed to the anticipation rejection of Adibi. Figure 5, in combination with and Col. 6, lines 28-37, of Adibi clearly sets forth at A300 represents the divide between the first and second sides of the pawl 300 just like A110 is clearly set forth as the dividing line of the housing. In addition, Figures 5 and 9 clearly set forth the pawl 300 has 7 teeth on both sides of the recessed area 330, i.e. 14 total teeth. As the teeth of the pawl are commensurate in shape and size with the teeth of the ratchet gear, Figure 5 clearly shows that the distance between the innermost teeth of groups 310 and 320 is 3 teeth, i.e. 17 total teeth. Axis A300 goes directly through the middle tooth of the 17-tooth distance.
Regarding, axis vs. plane, examiner interprets the axis as representative of a plane that extends into and out of the page.
Lastly, even if A300 were not to be considered a mid-plane, the device of Adibi inherently has front and back midpoints and a mid-plane extending between both points. Further, none of the embodiments shown in Figures 5, 6, 9, 14, and 15, show the rear face having a flat surface. Lastly, applicant has not argued the requirements of any of the dependent claims (for example the relative shape of the rear surface as claimed in claims 2 and 3) which the independent claims 1, 10, or 16 do not require. i.e. for these dependent claims to be considered further limiting, the independent claims must include the embodiment of “perpendicular” relative the mid-plane.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Wu (U.S Publication No. 20030221522), Arnold (U.S Publication No. 20040083860), Hu (U.S Patent No. 6,450,068), Ling et al (U.S Publication No. 20060230883), Chaconas et al (U.S Patent No. 5,782,147), Lee et al (U.S Publication No. 20050145075), Arnold (US Publication No. 20060123954), and Wang (U.S Patent No. 9,522,460) teach elements of the current invention.
THIS ACTION IS MADE FINAL. 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EDWARD F LANDRUM whose telephone number is (571)272-5567. The examiner can normally be reached M-F 8-5.
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, Marivelisse Santiago-Cordero can be reached at 571-272-7839. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/EDWARD F LANDRUM/Supervisory Patent Examiner, Art Unit 3761
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