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 the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-15 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Noting that the written description describes a number of distinct wrenches, i.e., a wrench 10 according to Figs. 1-6; a bar clamp wrench 110 according to Figs. 7-10; a hex wrench 210 according to Figs. 11-13; a strap wrench 310 according to Figs. 14-17; a pliers wrench 410 according to Figs. 18-20; a self-setting adjustable wrench 510 according to Figs. 21-27; and, an adjustable wrench 610 according to Figs. 28-31. The disclosed wrenches, respectively, have a handle and a pivot (or hinge 318 in the strap wrench 310); but, otherwise, do not overlap in scope. In claims 1-15, as amended in the response filed 12 March 2026, independent claims 1 and 9 are claiming features that combine, inter alia, “a first pivot axis, the first pivot axis perpendicular to the longitudinal axis; and a second pivot axis, the second pivot axis perpendicular to the longitudinal axis;… wherein, the head is pivotable about the second pivot axis in a clockwise and a counterclockwise direction”, from the wrench 10 according to Figs. 1-6; and, inter alia, “when the handle is pivoted about the first pivot axis, the engagement end (claim 1), or the first end (claim 9), of the handle moves the adjustment mechanism (claim 1), or the screw drive (claim 9), such that the adjustable jaw is moved relative to the fixed jaw”, from the self-setting adjustable wrench 510 according to Figs. 21-27 (paragraphs [0081]-[0094].
However, the written description fails to disclose, or suggest, that the respective features of the respective wrenches may be combined in such a way as to arrive at a wrench that incorporates the features of the self-setting wrench 510 (noting: wrench 10 fails to provide that when the handle is pivoted about the first pivot axis, the engagement end of the handle moves the adjustment mechanism such that the adjustable jaw is moved relative to the fixed jaw) and the features from the wrench 10 (noting: self-setting wrench 510 fails to provide a second pivot axis, the second pivot axis perpendicular to the longitudinal axis).
Claim Rejections - 35 USC § 102
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2,765,690 A to (MAYER).
(MAYER) discloses a self-adjusting wrench comprising: a handle 8 comprising: an engagement end; and a gripping end, the handle 8 extending between the gripping end and the engagement end along a longitudinal axis of the handle; a head coupled 1 to the engagement end of the handle 8, the head 1 comprising: a fixed jaw 2; and an adjustable jaw 3 extending away from the fixed jaw 2, the adjustable jaw 3 comprising a threaded section (teeth 13 of the guide 3' connected with the movable jaw 3); a screw drive (worm 12) comprising threads and engaged with the threaded section 13 of the adjustable jaw 3; and a carriage (slidable sleeve 16) that holds the screw drive 12; an axis perpendicular to the longitudinal axis (pivot 9 penetrates the hand-operated lever 8 and the body 1 of the head on an axis that is perpendicular to a longitudinal axis of the hand-operated lever 8)(see annotated Figs. below), wherein, when the head is rotated, the head moves in a clockwise (Col. 2, lines 63-65) or counterclockwise (Col. 3, lines 3-17) motion about the axis; wherein, when the handle 8 is pivoted (pivot 9)(Col. 2, lines 42-43; Figs. 1 and 3), the engagement end (tooth, or projection 17) of the handle 8 interfaces against the carriage 16 and rotates the screw drive 12 such that the adjustable jaw 3 is
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moved relative to the fixed jaw 2 (Figs. 2 and 3).
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Claim(s) 16-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 5,890,404 A to (Stojanowski).
Regarding claim 16, (Stojanowski) discloses a self-adjusting wrench 10 comprising: a handle 42 comprising: an engagement end 46; and a gripping end (not labeled), the handle 42 extending between the gripping end and the engagement end along a longitudinal axis of the handle; a head 16 coupled to the engagement end 46 of the handle 42, the head 16 comprising: a fixed jaw 18; and an adjustable jaw (movable jaw 28) extending away from the fixed jaw 18, the adjustable jaw 28 comprising a threaded section (a plurality of teeth 32 on rack 30 on movable jaw 28); a screw drive (a thumb wheel 34) comprising threads (adjustable worm gear 36) and engaged with the threaded section 32 of the adjustable jaw 28; and a carriage (shaft 38 and cam component 52) that holds the screw drive 34; an axis perpendicular to the longitudinal axis (through first pivot pin 43), wherein, when the head is rotated 16, the head 16 moves in a clockwise (70 - Fig. 3; Col. 3, line 60) or counterclockwise (71 - Fig. 4, line 61) motion about the axis (of pivot pin 43); wherein, when the handle 42 is pivoted, the engagement end 46 of the handle 42 interfaces (via a lower longitudinal projection 48) against the carriage (the lower longitudinal projection 48 on the handle 52, and the front seat 56 in the cam component 52 presses against the enlarged base 40 of the shaft 38 of the thumb wheel 34) and rotates the screw drive 34 such that the adjustable jaw 28 is moved relative to the fixed jaw 18 (Col. 4, lines 60-62: “As shown in FIG. 3, a continuous clamping operation is performed on a nut 68 by rotating the handle 42 in a clockwise direction 70.”).
Regarding claim 17, the self-adjusting wrench of (Stojanowski) further comprises a torsion spring 62, the torsion spring 62 engages a projection (one leg 64 of the spring 62 is biased against the upper longitudinal projection 44) on a rear surface of the engagement end 46 of the handle 42.
Regarding claim 18, the self-adjusting wrench of (Stojanowski), wherein, when the handle 42 is pivoted in a downward direction (71 – Fig. 4), the projection 44 of the handle 42 compresses an arm (leg 64 or leg 58) of the torsion spring 62.
Regarding claim 19, the self-adjusting wrench of (Stojanowski), wherein, when the handle is pivoted in an upward direction (70 – Fig. 3), the projection 44 releases the arm (leg 64 or leg 58) of the torsion spring 62.
Regarding claim 20, the self-adjusting wrench of (Stojanowski), wherein the torsion spring 62 biases the handle 42 back into a resting position after the rotation of the screw drive 34 (see, e.g., Col. 4, lines 46-59).
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Response to Arguments
Applicant's arguments filed 12 March 2026 have been fully considered but they are not persuasive. Regarding the rejection of claim 16 under 35 U.S.C. 102(a)(1) as being anticipated by (MAYER), the applicant incorrectly argues that there is no axis perpendicular to the longitudinal axis of the handle. As clarified above in the rejection of amended claim 16, the pivot 9 is oriented at an angle perpendicular to the longitudinal axis of the handle 8 such that when the head is rotated, the head moves in a clockwise or counterclockwise motion about the axis.
Regarding claim 1-15, the amendment to independent claims 1 and 9 raises the issue of new matter and the scope of the claims lacks support in the written description.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 8,353,230 B2 to (Cole) provides a wrench head that is connected to a handle via a first pivot axis and a second pivot axis, each of which are perpendicular to the longitudinal axis of the handle. US 10,160,102 B2 to (Huang) provides a jaw wrench having a pivotally mounted fixed jaw and an adjustable jaw, the pivot of the fixed jaw has an axis that is perpendicular to a longitudinal axis of the handle, and a second body to which the fixed jaw is pivotally mounted at one end has an opposing end which has a second pivot axis that pivotally connects to the handle, the second pivot axis is perpendicular to the longitudinal axis of the handle. US 2019/0358790 A1 to (Weng) provides a flexible wrench having a first pivot axis, the first pivot axis perpendicular to the longitudinal axis of the handle; and a second pivot axis, the second pivot axis perpendicular to the longitudinal axis. US 11,577,371 B2 to (Su) provides a wrench having, inter alia, a head with an adjustable jaw and a pivot axis the interconnects the head to the handle, the pivot axis being perpendicular to a longitudinal axis of the handle.
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.
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 (. 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/
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