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 .
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.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-3, 7-8, and 13-17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gudgeon (US PGPub 2023/0381927).
1. Gudgeon teaches a tool (Gudgeon fig. 4) having first and second halves (40,42) pivotally coupled together at a pivot (44) and respectively having first and second jaw portions (first jaw portion comprising 50,54,58,62 and second jaw portion comprising 52,56,60,64, see Gudgeon fig. 4), the tool comprising:
a first cutting section cooperatively formed by a first and second cutting edges respectively disposed on the first and second jaw portions (distal end has cutter portions 50,52 on each jaw, see Gudgeon [0011], [0029], and figs. 2-4);
a second cutting section cooperatively formed by third and fourth cutting edges respectively disposed on the first and second jaw portions, wherein the second cutting section is disposed proximal to the pivot in relation to the first cutting section (cutter portions 62,64 on each jaw act as shear cutters and are positioned proximal to pivot 44, see Gudgeon [0030] and fig. 4);
a grip feature (grip section at 54,56 is between cutting sections, see Gudgeon [0029], [0031], and figs. 4-5) formed by a first groove (knurled grip portion of jaws includes grooves, see Gudgeon figs. 4-5) disposed on the first jaw portion between the first and second cutting sections (54 and 56 are between the two cutting sections, see Gudgeon fig. 4); and
2. Gudgeon teaches the tool of claim 1, wherein the grip feature includes a second groove disposed on the second jaw portion opposite the first groove, and the second groove is disposed between the first and second cutting sections (textured surfaces of 54,56 includes symmetrical grooves on each jaw, see Gudgeon fig. 4).
3. Gudgeon teaches the tool of claim 2, wherein the first and second grooves are substantially equidistant from the pivot (textured surfaces of 54,56 includes symmetrical grooves on each jaw, the symmetry means first and second grooves substantially equidistant from pivot 44 may be selected, see Gudgeon fig. 4).
7. Gudgeon teaches the tool of claim 1, further comprising an indent disposed on each of the first and second jaw portions, wherein the indents define a wire-stripping aperture between the first and second sets of cutting edges that is adapted to strip wire, and the indents are substantially equidistant from the pivot (indented wire stripping sections 58,60 are disposed between cutting portions 50,52 and 62,64 and substantially equidistant from pivot 44, see Gudgeon fig. 4 and [0030]).
8. Gudgeon teaches a tool (Gudgeon fig. 4) comprising:
first and second halves (40,42) pivotally coupled together at a pivot (44) and respectively having first and second jaw portions (first jaw portion comprising 50,54,58,62 and second jaw portion comprising 52,56,60, and 64, see Gudgeon fig. 4);
a first cutting section cooperatively formed by a first and second cutting edges respectively disposed on the first and second jaw portions (distal end has cutter portions 50,52 on each jaw, see Gudgeon [0011], [0029], and figs. 2-4);
a second cutting section cooperatively formed by third and fourth cutting edges respectively disposed on the first and second jaw portions, wherein the second cutting section is disposed proximal to the pivot in relation to the first cutting section (cutter portions 62,64 on each jaw act as shear cutters and are positioned proximal to pivot 44, see Gudgeon [0030] and fig. 4); and
a wire-stripping feature cooperatively formed by first and second indents disposed on the respective first and second jaw portions between the first and second cutting sections (indented wire stripping sections 58,60 are disposed between cutting portions 50,52 and 62,64, see Gudgeon fig. 4 and [0030]).
13. Gudgeon teaches the tool of claim 8, wherein the first and second indents are substantially equidistant from the pivot (indents on each jaw at 58 and 60 are symmetrical, and positioned substantially the same distance from the pivot such that they have a circular shape when combined, see Gudgeon fig. 4).
14. Gudgeon teaches the tool of claim 8, wherein the second cutting portion extends substantially to the pivot (shear cutting portion 62,64 extends to portion of jaw that pivots around 44, see Gudgeon fig. 4).
15. Gudgeon teaches a tool (Gudgeon fig. 4) comprising:
first and second halves (40,42) pivotally coupled together at a pivot (44) and respectively having first and second jaw portions (first jaw portion comprising 50,54,58,62 and second jaw portion comprising 52,56,60, and 64, see Gudgeon fig. 4);
a first cutting section cooperatively formed by a first and second cutting edges respectively disposed on the first and second jaw portions (distal end has cutter portions 50,52 on each jaw, see Gudgeon [0011], [0029], and figs. 2-4);
a second cutting section cooperatively formed by third and fourth cutting edges respectively disposed on the first and second jaw portions, wherein the second cutting section is disposed proximal to the pivot in relation to the first cutting section (cutter portions 62,64 on each jaw act as shear cutters and are positioned proximal to pivot 44, see Gudgeon [0030] and fig. 4);
a grip feature (grip section at 54,56 is between cutting sections, see Gudgeon [0029], [0031], and figs. 4-5) formed by a first groove (knurled grip portion of jaws includes grooves, see Gudgeon figs. 4-5) disposed on the first jaw portion between the first and second cutting sections (54 and 56 are between the two cutting sections, see Gudgeon fig. 4); and
a wire-stripping feature cooperatively formed by first and second indents disposed on the respective first and second jaw portions between the first and second cutting sections (indented wire stripping sections 58,60 are disposed between cutting portions 50,52 and 62,64, see Gudgeon fig. 4 and [0030]).
16. Gudgeon teaches the tool of claim 15, wherein the grip feature includes a second groove disposed on the second jaw portion opposite the first groove, and the second groove is disposed between the first and second cutting sections (textured surfaces of 54,56 includes symmetrical grooves on each jaw, see Gudgeon fig. 4).
17. Gudgeon teaches the tool of claim 16, wherein the first and second grooves are substantially equidistant from the pivot (textured surfaces of 54,56 includes symmetrical grooves on each jaw, the symmetry means first and second grooves substantially equidistant from pivot 44 may be selected, see Gudgeon fig. 4).
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 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Toward (US 603349) in view of Gudgeon.
1. Toward teaches a tool (Toward fig. 1) having first (A, A') and second (B, B') halves pivotally coupled together at a pivot (C, see Toward fig. 1) and respectively having first (A) and second jaw portions (B), the tool comprising:
a first cutting section (H, see Toward fig. 4 taken along line 4-4 shown in fig. 2) cooperatively formed by first and second cutting edges respectively disposed on the first and second jaw portions (see Toward figs. 2 and 4);
a second cutting section (F, see Toward fig. 5, taken along line 5-5 shown in fig. 2) cooperatively formed by third and fourth cutting edges respectively disposed on the first and second jaw portions (see Toward figs. 2 and 5), wherein the second cutting section is disposed proximal to the pivot in relation to the first cutting section (F is closer to pivot C than H, see Toward figs. 2, 4, and 5 and 1:36-59); and
a grip feature (D) formed by a first groove disposed on the first jaw portion (recess D is formed by grooves disposed on each of A and B, Toward figs. 1-2).
Toward does not teach that the grip feature is disposed between the first and second cutting sections.
However, Gudgeon teaches a tool (Gudgeon fig. 4), comprising a first cutting section at a distal end (distal end has cutter portions 50,52 on each jaw, see Gudgeon [0011], [0029], and figs. 2-4); a second cutting section disposed proximal to a pivot in relation to the first cutting section (cutter portions 62,64 on each jaw act as shear cutters and are positioned proximal to pivot 44, see Gudgeon [0030] and fig. 4); and a grip feature disposed between the first and second cutting sections (grip section at 54,56 is between cutting sections, see Gudgeon [0029], [0031], and figs. 4-5).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the tool of Toward according to the arrangement taught by Gudgeon such that it had a grip feature disposed between the first and second cutting sections, as doing so represents the combination of known prior art elements according to known methods, the results of such a combination being predictable to one of ordinary skill.
Regarding claims 2-6, Toward as modified teaches the tool of claim 1, wherein
(2) the grip feature includes a second groove disposed on the second jaw portion opposite the first groove, the second groove is disposed between the first and second cutting sections (recess D is formed by grooves disposed on each of A and B, Toward figs. 1-2; the modification in light of Gudgeon would involve moving both grooves to the same position between cutting sections), and
(3) the first and second grooves are substantially equidistant from the pivot (recesses D are formed by grooves positioned symmetrically in each jaw at positions substantially equidistant from pivot C, see Toward fig. 2);
(4) the first and second cutting edges are each formed by a first angled wall and a flat wall, the flat wall being substantially perpendicular to a pivot axis extending through the pivot (see Toward figs. 2 and 4);
(5) third and fourth cutting edges are each cooperatively formed by second and third angled walls (See Toward figs. 2 and 5); and
(6) the flat walls are substantially co-planar (see Toward figs. 2 and 4).
7. Toward as modified teaches the tool of claim 1, but does not teach that it further comprises an indent disposed on each of the first and second jaw portions, wherein the indents define a wire-stripping aperture between the first and second sets of cutting edges that is adapted to strip wire, and the indents are substantially equidistant from the pivot.
However, Gudgeon further teaches the inclusion of indents (at 58,60) disposed on each jaw portion substantially equidistant from the pivot and defining a wire-stripping aperture between the first and second sets of cutting edges that is adapted to strip wire (indented wire stripping sections 58,60 are disposed between bladed portions 50,52 and 62,64 and substantially equidistant from pivot 44, see Gudgeon fig. 4 and [0030]).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the tool of Toward according to the arrangement taught by Gudgeon such that it included an indent disposed on each of the first and second jaw portions, wherein the indents define a wire-stripping aperture between the first and second sets of cutting edges that is adapted to strip wire, and the indents are substantially equidistant from the pivot, as doing so represents the combination of known prior art elements according to known methods, the results of such a combination being predictable to one of ordinary skill.
8. Toward teaches a tool (Toward fig. 1) comprising:
first (A, A') and second (B, B') halves pivotally coupled together at a pivot (C, see Toward fig. 1) and respectively having first (A) and second jaw portions (B);
a first cutting section (H, see Toward fig. 4 taken along line 4-4 shown in fig. 2) cooperatively formed by first and second cutting edges respectively disposed on the first and second jaw portions (see Toward figs. 2 and 4);
a second cutting section (F, see Toward fig. 5, taken along line 5-5 shown in fig. 2) cooperatively formed by third and fourth cutting edges respectively disposed on the first and second jaw portions (see Toward figs. 2 and 5), wherein the second cutting section is disposed proximal to the pivot in relation to the first cutting section (F is closer to pivot C than H, see Toward figs. 2, 4, and 5 and 1:36-59).
Toward does not teach the presence of a wire-stripping feature cooperatively formed by first and second indents respectively disposed on the respective first and second jaw portions and between the first and second cutting sections.
However, Gudgeon teaches a tool (Gudgeon fig. 4), comprising a first cutting section at a distal end (distal end has cutter portions 50,52 on each jaw, see Gudgeon [0011], [0029], and figs. 2-4); a second cutting section disposed proximal to a pivot in relation to the first cutting section (cutter portions 62,64 on each jaw act as shear cutters and are positioned proximal to pivot 44, see Gudgeon [0030] and fig. 4); and a wire-stripping feature cooperatively formed by first and second indents respectively disposed on the respective first and second jaw portions and between the first and second cutting sections (indented wire stripping sections 58,60 are disposed between bladed portions 50,52 and 62,64 and substantially equidistant from pivot 44, see Gudgeon fig. 4 and [0030]).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the tool of Toward according to the arrangement taught by Gudgeon such that it had had a wire-stripping feature cooperatively formed by first and second indents respectively disposed on the respective first and second jaw portions and between the first and second cutting sections, as doing so represents the combination of known prior art elements according to known methods, the results of such a combination being predictable to one of ordinary skill.
Regarding claims 9-14, Toward as modified teaches the tool of claim 8, wherein
(9) the first and second cutting edges are each formed by a first angled wall and a flat wall, the flat wall being substantially perpendicular to a pivot axis extending through the pivot (see Toward figs. 2 and 4);
(10) third and fourth cutting edges are each cooperatively formed by second and third angled walls (See Toward figs. 2 and 5);
(11) the flat walls are substantially co-planar (see Toward figs. 2 and 4);
(13) the first and second indents are substantially equidistant from the pivot (paired indents are substantially equidistant from the pivot, see Gudgeon fig. 4); and
(14) the second cutting portion extends substantially to the pivot (F extends to the angled breakpoint where the jaws separate, see Toward figs. 2, 4, and 5 and 1:36-59).
15. Toward teaches a tool (Toward fig. 1) comprising:
first (A, A') and second (B, B') halves pivotally coupled together at a pivot (C, see Toward fig. 1) and respectively having first (A) and second jaw portions (B);
a first cutting section (H, see Toward fig. 4 taken along line 4-4 shown in fig. 2) cooperatively formed by first and second cutting edges respectively disposed on the first and second jaw portions (see Toward figs. 2 and 4);
a second cutting section (F, see Toward fig. 5, taken along line 5-5 shown in fig. 2) cooperatively formed by third and fourth cutting edges respectively disposed on the first and second jaw portions (see Toward figs. 2 and 5), wherein the second cutting section is disposed proximal to the pivot in relation to the first cutting section (F is closer to pivot C than H, see Toward figs. 2, 4, and 5 and 1:36-59); and
a grip feature (D) formed by opposing first and second grooves, respectively disposed on the first and second jaw portions substantially equidistant from the pivot (recesses D are formed by grooves positioned symmetrically in each jaw at positions substantially equidistant from pivot C, see Toward figs. 1-3).
Toward does not teach that the grip feature is disposed between the first and second cutting sections, or that the first half comprises a wire-stripping feature cooperatively formed by first and second indents respectively disposed on the respective first and second jaw portions and between the first and second cutting sections.
However, Gudgeon teaches a tool (Gudgeon fig. 4), comprising a first cutting section at a distal end (distal end has cutter portions 50,52 on each jaw, see Gudgeon [0011], [0029], and figs. 2-4); a second cutting section disposed proximal to a pivot in relation to the first cutting section (cutter portions 62,64 on each jaw act as shear cutters and are positioned proximal to pivot 44, see Gudgeon [0030] and fig. 4); and a grip feature disposed between the first and second cutting sections (grip section at 54,56 is between cutting sections, see Gudgeon [0029], [0031], and figs. 4-5), and further comprising indents (at 58,60) disposed on each jaw portion substantially equidistant from the pivot and defining a wire-stripping aperture between the first and second sets of cutting edges that is adapted to strip wire (indented wire stripping sections 58,60 are disposed between bladed portions 50,52 and 62,64 and substantially equidistant from pivot 44, see Gudgeon fig. 4 and [0030]).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the tool of Toward according to the arrangement taught by Gudgeon such that it had had a grip feature disposed between the first and second cutting sections and included an indent disposed on each of the first and second jaw portions, wherein the indents define a wire-stripping aperture between the first and second sets of cutting edges that is adapted to strip wire, and the indents are substantially equidistant from the pivot, as doing so represents the combination of known prior art elements according to known methods, the results of such a combination being predictable to one of ordinary skill.
Regarding claims 16-20, Toward as modified teaches the tool of claim 15, wherein
(16) the grip feature includes a second groove disposed on the second jaw portion opposite the first groove, the second groove is disposed between the first and second cutting sections (recess D is formed by grooves disposed on each of A and B, Toward figs. 1-2; the modification in light of Gudgeon would involve moving both grooves to the same position between cutting sections);
(17) the first and second grooves are substantially equidistant from the pivot (recesses D are formed by grooves positioned symmetrically in each jaw at positions substantially equidistant from pivot C, see Toward fig. 2);
(18) the first and second cutting edges are each formed by a first angled wall and a flat wall, the flat wall being substantially perpendicular to a pivot axis extending through the pivot (see Toward figs. 2 and 4);
(19) third and fourth cutting edges are each cooperatively formed by second and third angled walls (See Toward figs. 2 and 5); and
(20) the flat walls are substantially co-planar (see Toward figs. 2 and 4).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
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/JONATHAN R ZAWORSKI/Examiner, Art Unit 3723
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