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 § 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 10, 18 and 19 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 10 recites the limitation "the extension slot" in line 4. There is insufficient antecedent basis for this limitation in the claim.
Claims 18 and 19, respectively, recite the limitation "the socket open end" in the first line. There is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claim(s) 15, 18 and 19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 20230182268 A1 to (Selleck).
Regarding claim 15, (Selleck) discloses a socket assembly for capturing a fastener, the socket assembly comprising: a cylindrical socket (socket tool 110) having a length, a cylindrical wall (main body 114), a socket top (input portion 214) disposed on one end of the cylindrical wall and a cavity (socket cavity 250) within the cylindrical wall; an access slot (not labeled, see annotated Fig. 1 below) extending the length of the cylindrical socket; a sleeve (118) rotatable about the cylindrical wall (114) wherein the sleeve (118) is rotatable between a first position wherein the access slot is open for access of the fastener (Figs. 2 and 4) to a second position wherein the access slot is covered by a portion of the sleeve (Figs. 3 and 5); and an attachment opening (input aperture 222) disposed on the socket top (input portion 214) wherein the attachment opening (222) intersecting the access slot to allow the fastener to extend through the cavity (250) when a socket attachment (an output protrusion 28 of a driver or other tool;
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Fig. 1) is secured to the attachment opening (222).
Regarding claim 18, as understood, a socket open end (socket cavity 250) of (Selleck) includes four surfaces (a plurality of socket surfaces 246) positioned as four adjacent side faces of a hexagonally shaped polyhedron having six side faces for engaging the fastener and an access slot (a first slot 258) juxtaposed with the other two side faces of the hexagonally shaped polyhedron (para. [0046])(Figs. 1, 4 and 5).
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Regarding claim 19, as understood, a socket open end (socket cavity 250) of (Selleck) is shaped for engagement with the fastener (nut 18)(para. [0045]).
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.
Claim(s) 1, 4-7, 10, 13, and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2023/0182268 A1 to (Selleck) in combination with US 10,773,376 B2 to (Calvert).
Regarding claim 1, (Selleck) provides a socket assembly for capturing a fastener, the socket assembly comprising: a socket (socket tool 110) having: a cylindrical body (main body 114) having a cylindrical wall (e.g., a perimeter surface 262) and an axial length, the cylindrical wall extending a portion of the axial length of the cylindrical body and a cylindrical wall outer surface; a socket upper surface (input portion 214) disposed on one end of the cylindrical body; a socket open end (socket 210) opposite the socket upper surface, the socket open end having an edge and at least one internal face (a plurality of socket surfaces 246) along the socket open end edge, the at least one internal face for engaging the fastener (para. [0045]); an access slot (not labeled but evident in Figs. 1-3) disposed along the cylindrical wall and the cylindrical body, the access slot extending the axial length of the cylindrical body (see annotated Fig. 1);… a cylindrical sleeve (sleeve 118) having a sleeve axial length, the cylindrical sleeve rotatable about the socket cylindrical outer surface… (para. [0052]; Figs. 2 and 4); a sleeve slot 318 disposed on the cylindrical sleeve 118 along the sleeve axial length; an attachment opening (input aperture 222) disposed on the socket upper surface 214 for insertion of a socket extension (an output protrusion 28 of a driver or other tool) wherein the attachment opening is elongated and a socket extension is slidable in the attachment opening (Fig. 1); wherein the cylindrical sleeve 118 is rotatable between a first position wherein the sleeve slot is aligned with the access slot (Figs. 2 and 4) to a second position wherein the access slot is covered by a portion of the cylindrical sleeve; and wherein when the cylindrical sleeve is in the second position, the cylindrical sleeve provides support for the socket when a force is applied to the socket which urges expansion of the socket open end (Figs. 3 and 5)(para. [0052] – “…in which the lower portion 310 closes the first slot 258 and
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extends around at least a portion of each prong 266a, 266b to inhibit spreading of the prongs 266a, 266b when torque is applied to the nut 18.”).
Thus, (Selleck) provides a socket according to the claim except for failing to provide a flange extending outwardly from the edge of the socket open end to secure the cylindrical sleeve
axially on the cylindrical body.
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(Calvert) provides a for driving fasteners, the tool having, inter alia, a socket (tool body 141), wherein the socket 141 has a socket open end (Fig. 5f) having an edge and at least one internal face along the socket open end edge, the at least one internal face for engaging the fastener; an access slot 143b disposed along the cylindrical wall and the cylindrical body, and a cylindrical sleeve (ring 150) having a sleeve axial length, the cylindrical sleeve 150 rotatable about the socket cylindrical outer surface 141 and having a sleeve slot 152 disposed on the cylindrical sleeve1 150 along the sleeve axial length (Col. 4, lines 58-65). (Calvert) teaches that the socket open end has a flange (flanged portions 144, 145, 146, and 147) extending outwardly from the edge (Col. 4, lines 11-57); wherein, “the ring 150 engages the flanged portions 144, 145, 146, and 147.” (Col. 4,
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lines 66-67), thus securing the cylindrical sleeve axially on the cylindrical body.
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Therefore, as both (Selleck) and (Calvert), respectively, provide a socket having, inter alia, an elongate slot and a fastener engaging end, it would have been obvious to one having ordinary skill in the art at the time of the effective filing date of the invention to have modified the socket open end of the socket of (Selleck) by providing a flange extending outwardly from the edge of the socket open end, as taught by (Calvert), and having the result of securing the cylindrical sleeve axially on the cylindrical body of the socket.
Regarding claim 4, in the combination of (Selleck) and (Calvert), the socket open end 250 of (Selleck) includes four surfaces (a plurality of socket surfaces 246) positioned as four adjacent side faces of a hexagonally shaped polyhedron having six side faces for engaging the fastener (a nut 18) and an access slot (a first slot 258) juxtaposed with the other two side faces of the hexagonally shaped polyhedron (para. [0046]).
Regarding claim 5, in the combination of (Selleck) and (Calvert), the socket open end of (Selleck) is shaped for engagement with the fastener (para. [0045]).
Regarding claim 6, in the combination of (Selleck) and (Calvert), the attachment opening (e.g., input aperture 222 in (Selleck)) intersects the access slot whereby a male threaded fastener (e.g., an eye lag screw 107 or 108 in (Calvert) or component 22 in (Selleck)) for engagement of the fastener passes through the sleeve slot and the access slot when the sleeve slot is in the first position and is captured in a cavity of the socket
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when the sleeve slot is in the second position.
Regarding claim 7, in the combination of (Selleck) and (Calvert), a male threaded fastener (e.g., an eye lag screw 107; Fig. 1; or, eye lag screw 108; Figs. 2a, 2b, 8b-10a, and 11a in (Calvert); or, “a component 22 to be attached to the nut 18” – para. [0048], first sentence; Figs. 2 and 3 in (Selleck)) for engagement of the fastener is passed through the sleeve slot of (Selleck) and the socket slot when the sleeve slot is in the first position and is captured in a cavity of the socket when the sleeve slot is in the second position.
Regarding claim 10, as well as understood, since the combination of (Selleck) and (Calvert) provides a socket assembly for the purpose of capturing a fastener (as applied to claim 1 above), the combination of (Selleck) and (Calvert) is capable of being used in the manner as recited in claim 10, i.e., the removal of a fastener engaged with an elongated male threaded fastener, the method comprising: engaging a socket extension (e.g., output protrusion 28 of a driver or other tool (Selleck)) in the attachment opening (input aperture 222 (Selleck)); ensuring the socket extension is positioned in the attachment opening toward the socket cylindrical wall (e.g., annular shoulder 238); ensuring the cylindrical sleeve (118) is in the first position (Figs. 2 and 4); placing the socket (socket 210) adjacent to the elongated male threaded fastener (e.g., “component 22 to be attached to via the nut 18” – para. [0048], first sentence); placing the socket (210) around the elongated male threaded fastener (22) wherein the elongated male threaded fastener (22) extends through the socket (210) along a socket central axis (Fig. 2); moving the cylindrical sleeve (118) to the second position (Fig. 3); rotating the socket extension (28) to loosen or tighten the fastener (nut 18); continuing to rotate the socket extension (28) until the fastener (18) is at a desired position (implied or reasonably assumed).
Regarding claim 13, as well as understood, in the combination of (Selleck) and (Calvert), (Selleck) provides an interior portion (socket cavity 250) of the cylindrical wall (perimeter surface 262) that includes four surfaces (a plurality of socket surfaces 246) positioned as four adjacent side faces of a hexagonally shaped polyhedron having six side faces for engaging the fastener (a nut 18) and an access slot (a first slot 258) juxtaposed with the other two side faces of the hexagonally shaped polyhedron (para. [0046]; Figs. 1, 4 and 5)).
Regarding claim 14, as well as understood, in the combination of (Selleck) and (Calvert), in (Selleck) an interior portion (socket cavity 250) of the cylindrical wall (perimeter surface 262) along the socket open end (first aperture 254) is shaped for engagement with the fastener (nut 18).
Allowable Subject Matter
Claims 2, 3, 8, 9, 11, 12, 16, 17, and 20 are objected to as being dependent upon a rejected base claim, but would be allowable if claims 2, 8, 9, 11, 16, and 20 are 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: Re. claims 2, 11, and 16, that a plurality of ball bearings is disposed between the cylindrical sleeve and the socket wall outer surface (or the cylindrical wall); Re. claims 8 and 20, that an auxiliary attachment opening is disposed on the socket upper surface, the auxiliary attachment opening spaced from the attachment opening for insertion of the socket extension if the attachment opening is inaccessible; and, Re. claim 9, that a plurality of socket protrusions extending from the socket cylindrical wall, the socket protrusions for preventing upward slippage of the cylindrical sleeve; together in combination with the limitation in the respective independent claim, has neither been disclosed nor suggested by the prior art of record considered as a whole, alone, or in combination.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure as disclosing various tool for installing and removing fasteners.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to David B. Thomas whose telephone number is (571) 272-4497. The examiner’s e-mail address is: dave.thomas@uspto.gov. The examiner can normally be reached on Mon-Fri 11:30-7:30.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Posigian can be reached on (313) 446-6546. The fax phone number for the organization where this application or proceeding is assigned is (571) 273-8300.
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/David B. Thomas/
Primary Examiner, Art Unit 3723
/DBT/