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/Restrictions
Applicant's election with traverse of group I (claims 1-15) in the reply filed on 9 December 2025 is acknowledged. The traversal is on the ground(s) that search and examination can be made without a serious burden on the examiner. This is not found persuasive because the inventions are considered to be distinct. See MPEP 806.05(e). The method described in group II (claims 16-20) can be practiced by another and materially different apparatus including an auger that has a body without any recesses, an auger that does not have a rotationally independent grip, an auger without any crank assembly, or an auger where the cable is rotated by an external motor drive. The auger tool described in group I (claims 1-15) can be used to practice another and materially different process such as one where the auger is not inserted into a tubular to clear a clog (such as digging holes in soil or drilling into ice) a or a clearing process that does not require that an auger stores cable within the interior body such that there is resistance of potential energy of the wound and stored cable via a dam structure.
The requirement is still deemed proper and is therefore made FINAL.
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) 12 and 15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Berg, Jr. US 2022/0098849.
Regarding claim 12, Berg, Jr. disclose an auger tool comprising: a body (20, 32); an extendable cable stored in the body (44); a rotationally independent grip (30, paragraph [0049]); and a crank assembly comprising: a crank arm pivotably coupled to a center of the body (140, coupled at 148; interpreting “center” as the center portion that is not at the outer periphery of the body; or alternatively “center” is interpreted as along a longitudinal center or centerline of the body as shown in Figures 18-20) and configurable in a stowed and manually operational position 180 degrees from the stowed position (Figures 18-19 show a stowed position, Figure 20 shows an operational position); and a direct drive assembly comprising: a hex bit (108) coupled to the center of the body (Figure 16) and configured to receive rotational forces and transfer rotational forces to the body (paragraph [0067]). Regarding claim 15, the crank pivots between the stowed position and the manually operational position about an axis perpendicular a centerline of the tool (Figures 18-20).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1 and 4-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Paprocki et al., US 2023/0124234 in view of Hawkins et al., US 9,499,374 and in further view of Walsten et al., US 6,224,038.
Regarding claim 1, Paprocki et al. disclose an auger tool comprising a body (212); an extendable cable stored in and rotatable with the body (224); a rotationally independent grip (240, 218); and a crank assembly comprising: a crank arm coupled by a pivotable coupling to a center of the body (213, Figures 5 and 17-19) and configurable in a stowed position and a manually operational position (stowed in Figures 17-18 and operational in Figure 19); a crank handle coupled to the crank arm (217), wherein the crank arm is in the stowed position when the crank handle is disposed adjacent a perimeter of the body (Figures 17-18) and the crank arm is in the manually operable position when the crank arm is pivoted 180 degrees from the stowed position and the crank handle extends axially from the body (Figure 19). Regarding claim 4, the crank arm pivots between the stowed position and the manually operation position about an axis perpendicular to a centerline of the auger tool (Figures 17-19) and wherein the crank arm extends beyond an outer diameter of the body when the crank assembly is in the manually operational position (Figure 19). Regarding claim 5, the body further comprises a crank arm channel (35) and in the stowed and manually operational positions the crank arm is at least partially disposed in the crank arm channel (Figure 2). Regarding claim 6, the body comprises a feed hole (unlabeled opening where cable is fed, within 239 as shown in Figures 8 and 17; or alternatively at 238, Figures 8 and 13), wherein the extendable cable is fed into and out of the body through the feed hole (paragraph [0065]); a conical surface surrounding the feed hole (exterior surface of 239 or 240, see Figures 8, 13, or 17); and a dam circumscribing the feed hole comprising a collar (rear of 239, Figure 17) and one or more supports (rear of 239, Figure 17), such that the one or more supports and the collar create a planar surface (planar along the back surface of 239, Figure 17). Regarding claim 7, the cable comprises an end portion having an enlarged outer diameter (228, Figure 5), wherein the end portion of the cable is angled relative to a remaining portion of the cable (angled along axis 221 when the remainder of the cable is wound within 212).
Paprocki et al. fails to disclose that the body comprises a semi-circular recess and that when the crank arm is in the stowed position that the crank handle is disposed in the semi-circular recess. Note that the crank handle is cylindrical in shape (see Figures 17-19).
Hawkins et al. teach a reel with a crank arm assembly for winding wire (Abstract) and in particular the crank arm assembly comprises: a crank arm coupled by a pivotable coupling to a the body (228, pivots at axle 230 or hinge 1004, Figures 2-3 and 10-11) and configurable in a stowed position and a manually operational position (stowed in Figures 2 and 10 and operational in Figures 3 and 11); a crank handle coupled to the crank arm (332 or 1007), wherein the crank arm is in the stowed position when the crank handle is disposed within a recess of the body (Figures 2-3, 10-11; recess 348) and the crank arm is in the manually operable position when the crank arm is pivoted 180 degrees from the stowed position and the crank handle extends axially from the body (Figures 3 and 11). In particular, Hawkins et al. teach that when the crank arm is in the stowed position (Figures 2 and 10) that the crank handle is disposed in a recess of the body (348) so that the crank handle is stored in the body so that it does not cause other objects to snag or interfere with the crank handle (column 7 lines 5-14).
Walsten et al. teach a reel with a crank arm assembly for winding fish tape (Title) and in particular there is a body (14) comprising a semi-circular recess (unlabeled recess where 82 is located in Figure 1), the crank arm assembly comprises: a crank arm coupled by a pivotable coupling to the body (76, pivots at 78) and configurable in a stowed position and a manually operational position (stowed in Figure 1 and operational in Figure 9); a crank handle coupled to the crank arm (82, Figure 9), wherein the crank arm is in the stowed position when the crank handle is disposed within the semi-circular recess of the body (Figure 1; semi-circular shape best shown in Figure 2) and the crank arm is in the manually operable position when the crank arm is pivoted 180 degrees from the stowed position and the crank handle extends axially from the body (Figure 9, column 4 lines 26-31). The semi-circular recess serves to lock the cylindrical crank handle (82) along the perimeter of the body (Figures 1 and 3) in order to lock the crank arm in place preventing the reel from unwinding (column 4 lines 14-19).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the body of Paprocki et al. so that there is a recess to house the crank handle, as taught by Hawkins et al., so that the crank handle is secured in a position where it does not cause other objects to snag or interfere with the crank assembly, and further it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the shape and position of the recess so that it is semi-circular along a perimeter of the body, as taught by Walsten et al., so that it is shaped to accommodate the cylindrical crank handle to lock the crank assembly into place thereby preventing the reel from unwinding when not in use.
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Paprocki et al., US 2023/0124234, Hawkins et al., US 9,499,374, and Walsten et al., US 6,224,038 in view of Kuhls et al., US 2021/0310231.
Paprocki et al., Hawkins et al., and Walsten et al. disclose all elements previously discussed above but do not disclose that the cable includes at least one indicator for indicating a predetermined position of the cable relative to the body.
Kuhls et al. teach an auger tool (sewer cleaning machine, Abstract) that comprises a body (18) with an extendable cable stored in and rotatable with the body (46), the cable includes at least one indicator for indicating a predetermined position of the cable relative to the body (indicator 66, Figure 3), indicators, in the form of RFID tags, are spaced at intervals along the length of the cable (paragraph [0016]) and the tag transmits a signal to a processor and is able to display the amount of cable payed out from the body (paragraphs [0016]-[0020]). Kuhls et al. recognizes that knowing the distance that a cable is payed out is beneficial when cleaning clogs and debris from drains and sewers (paragraph [0003]).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the cable of Paprocki et al., Hawkins et al., and Walsten et al. to include at least one indicator for indicating a predetermined position of the cable relative to the body, as taught by Kuhls et al., so that a user can determine the length of cable being used to clear a drain or sewer.
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Paprocki et al., US 2023/0124234, Hawkins et al., US 9,499,374, and Walsten et al., US 6,224,038 in view of Bowles et al., US 10,465,372 and OneMonroe blog post (https://monroeengineering.com/blog/what-is-a-belleville-washer/).
Paprocki et al., Hawkins et al., and Walsten et al. disclose all elements previously discussed above but do not disclose that the auger tool further comprises a Bellville washer disposed between the rotationally independent grip and the body. Paprocki et al. does not provide specific structural details for the connection between the grip and body.
Bowles et al. teach a known auger tool comprising a rotationally independent grip and a body (each unlabeled but shown Figure 2) and further shows washers disposed between the grip and body (unlabeled, Figure 2). Bowles et al. does not describe the washer as a Bellville washer.
OneMonroe teaches that a Belleville washer acts as a spring and has benefits in that it is able to handle heavy loads and are able to absorb vibrations (see page 1).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the auger tool of Paprocki et al., Hawkins et al., and Walsten et al. so that it includes a washer disposed between the independent grip and body, as Bowles et al. teach that it is known to connect the grip and body by using a washer, and further it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to provide the washer in the form of a Belleville washer, as OneMonroe teaches that the Belleville washer advantageously helps reduce vibration and can withstand heavy loading.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Paprocki et al., US 2023/0124234, Hawkins et al., US 9,499,374, and Walsten et al., US 6,224,038 in view of Erkek et al., US 10,806,318.
Paprocki et al., Hawkins et al., and Walsten et al. disclose all elements previously discussed above but do not disclose that the tool further comprises a QR code.
Erkek et al. relates to cleaning devices and teaches that it is known to include a QR on a cleaning device (18) in order to register the device to be included within a system of cleaning devices that are in communication so that they can share information relating to a service request or operating status (column 1 lines 25-28, column 2 line 3 to column 3 line 27).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the cleaning auger of Paprocki et al., Hawkins et al., and Walsten et al. so that it further comprises a QR code, as taught by Erkek et al., so that the cleaning tool can be placed in electronic communication with other cleaning devices so that information on its service or operating status can be shared.
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Paprocki et al., US 2023/0124234, Hawkins et al., US 9,499,374, and Walsten et al., US 6,224,038 in view of Berg, Jr., US 2022/0098849.
Paprocki et al., Hawkins et al., and Walsten et al. disclose all elements previously discussed above but do not disclose that the interior of the body comprises a fastener. In Paprocki et al., the cable has an end portion of the cable is contained within the body and the cable is wound tangentially around the interior of the body (coiled, not shown, see Abstract, paragraph [0055]).
Berg, Jr. teach an auger comprises a body (32), an extendable cable stored in and rotatable within the body (44), wherein an interior of the body comprises a fastener (76) and contains an end portion of the cable (80), wherein: the end portion of the cable comprises an enlarged outer diameter (82, Figure 11); the fastener is located a distance D1 from a sidewall of the interior of the body, wherein D1 is smaller than the enlarged outer diameter (Figure 11, paragraph [0056]), the cable is wound tangentially around the interior of the body (Figures 10-11); and the cable is disposed between the fastener and the sidewall of the interior of the body (Figure 11, see also other embodiments in Figures 12-15). Berg, Jr. teach the fastener and enlarged end portion of the cable so that the cable is anchored and secured to the drum body (paragraph [0056]).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the body and cable of Paprocki et al., Hawkins et al., and Walsten et al. so that the interior of the body comprises a fastener and an end portion of the cable comprises an enlarged outer diameter so that the cable is disposed between the fastener and the sidewall of the body, as taught by Berg, Jr., in order to anchor and secure an end of the cable to the body.
Claim(s) 12 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Burch, Jr. et al., US 6,615,436 in view of Sharp, US 7,600,327.
Regarding claim 12, Burch, Jr. et al. disclose an auger tool comprising: a body (14); an extendable cable stored in the body (not shown, Abstract); a rotationally independent grip (16, 28); and a crank assembly comprising: a crank arm coupled to a center of the body (70, Figure 1); and a direct drive assembly comprising: a bit (100) coupled to the center of the body (Figure 2) and configured to receive rotational forces and transfer rotational forces to the body (via drill PD, Figure 3; see also column 9 lines 12-16). Regarding claim 15, the crank pivots between the stowed position and the manually operational position about an axis perpendicular a centerline of the tool (pivots about hinge 26, axis B, see Figures 1-2).
Burch, Jr. et al. fail to disclose that the crank arm is pivotably coupled and configurable in a stowed and manually operational position 180 degrees from the stowed position. Burch, Jr. also discusses that the crank arm can be removed so that a power operated drive (PD) can be connected to the bit (100). However, note that Burch, Jr. recognizes that the “crank arm can be designed such that the power operated drive can be connected to the drive rod while the crank rod is still attached to the crank mount” (see column 9 lines 13-19). Additionally, Burch, Jr. et al. also fail to disclose that the bit is a hex bit.
Sharp teaches a tape with a reel similar to that of Burch, Jr. and in particular teaches a body (10) that stores a tape in a wound coil within the body (14, Figures), with a crank assembly comprising: a crank arm pivotably coupled to a center of the body (20, Figures 1-2) and configurable in a stowed and manually operational position 180 degrees from the stowed position (Figure 1 shows a stowed position, Figures 2-3 show an operational position); and a direct drive assembly comprising: a hex bit (30, Figure 1) coupled to the center of the body (Figure 1) and configured to receive rotational forces and transfer rotational forces to the body (via power tool 40, column 3 lines 12-36). Sharp teaches that it is desirable to have dual modes of operation for the reel, manual and powered (column 1 lines 36-39) and also allows the direct drive assembly in the powered mode to operate while the crank arm is in a folded and closed position (column 2 lines 4-14).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the crank arm of Burch, Jr. et al. so that it is pivotably coupled and configurable in a stowed and manually operational position 180 degrees from the stowed position, as Sharp teaches, so that a user does not have to remove the crank arm in order to allow use of the auger tool with the direct drive assembly and further it would have been obvious for one of ordinary skill in the art to modify the shape of the bit of Burch, Jr. et al. so that it is a hex bit, as Sharp also teaches, so that it can connect to a specific drive fitting of a power tool.
Allowable Subject Matter
Claims 2-3 and 13-14 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:
None of the prior art made of record discloses the invention of claims 2-3 and 13-14. In particular, none of the prior art alone or in combination disclose that the crank assembly comprises a direct drive assembly of claims 2 or 13 that require a hex bit disposed in a chuck sleeve and coupled to a retainer plate configured to receive rotational forces and transfer the rotational forces to the body. Also, none of the prior art disclose a crank arm comprising a cut-out permitting the crank arm to pivot over an extrusion of the body housing the pivotable coupling and the direct drive assembly without interference. Paprocki et al., US 2023/0124234 teach that there is a cut-out on the crank arm (216, Figures 5 and 13), but the crank arm does not pivot over an extrusion of the body that houses the pivotable coupling and a direct drive assembly. Wasson, US 3,313,498 teach a crank arm (17) having a cut-out (at 18) that fits over a hex nut (14), however does not disclose that the crank arm pivots over an extrusion of the body housing a pivotable coupling and the hex nut is not a direct drive assembly. Lastly, Hawkins et al., US 9,499,374 teach a crank arm (228) having a cut-out (346) and it permits the crank arm to pivot over an extrusion of the body. However Hawkins et al. does not recite that the extrusion of the body houses the coupling or a direct drive assembly.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Laura C Guidotti whose telephone number is (571)272-1272. The examiner can normally be reached typically M-F, 6am-9am, 10am-4:30pm.
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/LAURA C GUIDOTTI/Primary Examiner, Art Unit 3723
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