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 without traverse of Invention I in the reply filed on 07/06/26 is acknowledged. Claims 17-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Invention II, there being no allowable generic or linking claim.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the, “wherein each tool body side is associated with two of the plurality of fingers (Claim 3)”, and the “a cavity configured for use with a second tool (Claim 6)” must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The abstract of the disclosure is objected to because:
Line 3, replace “comprise” with “include”. Legalese style language is not permitted within the abstract.
Line 3, replace “comprising” with “including”.
Line 5, replace “comprise” with “include”.
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).
The disclosure is objected to because of the following informalities:
Paragraph [0025], Line 2, replace “disclosure;” with “disclosure.” This is to be consistent with paragraphs [0027]+.
Paragraph [0026], Line 2, replace “disclosure;” with “disclosure.”
Paragraph [0050], Line 2, replace “3A” with “3”.
Appropriate correction is required.
Claim Objections
Claims 1, 2, 4-6, 13 and 15 are objected to because of the following informalities:
Claim 1, Lines 3-4, replace “at least one tool body projection;” with “at least one of the tool body projections;”
Claim 1, Line 6, before “tool body projections” add “of the”
Claim 2, Line 1, before “tool body projections” add “of the”
Claim 4, Line 1, before “finger”, replace “a” with “the respective”
Claim 4, Line 2, before “tool body projections” add “of the”
Claim 5, Line 1, before “fingers” add “of the”
Claim 6, Line 1, before “fingers” add “of the”
Claim 13, Line 1, after “comprises four” add “of the”
Claim 15, Line 2, before “engage” add “to”
Appropriate correction is required.
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 3 and 6 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 3 recites “wherein each tool body side is associated with two of the plurality of fingers.” However, it is indefinite and unclear as to how the “two fingers” would actually operate on one of the body sides as no clear explanation has been provided throughout the disclosure of the application.
Claim 6 recites “a cavity configured for use with a second tool to rotate the finger.” However, it is indefinite and unclear as to how the “cavity” and/or the “second tool” would actually operate to rotate the finger as no clear explanation has been provided throughout the disclosure of the application.
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.
Claim(s) 1, 2, 4-6, and 12-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent No. 1,356,515 (Burgson).
Regarding Claims 1, 2, 4-6, and 12-16, Burgson teaches: Claim 1 - a tool comprising: a tool body (10) comprising a plurality of tool body sides and a plurality of tool body projections (11), wherein each of the plurality of tool body sides includes at least one tool body projection (11); a plurality of fingers (14), wherein each of the plurality of fingers (14) is pivotally coupled to one or more tool body projections (11) via one or more pivots; and wherein each of the plurality of fingers (14) is configured to be moveable via the pivot between a first orientation and a second orientation, the first orientation is associated with a first stop (15) on the associated finger (14); and the second orientation is associated with a second stop (15) on the associated finger (14), (Figures 1-3); Claim 2 - wherein each tool body side includes two tool body projections (11) associated with one of the plurality of fingers (14), (Figures 1-3); Claim 4 - wherein each pivot extends through a length of a finger (14) to connect one of the plurality of fingers (14) and at least two tool body projections (11), (Figures 1-3); Claim 5 - wherein one or more fingers (14) include an exterior protrusion (21) configured to rotate the finger (14), (Figures 1-3); Claim 6 - wherein one or more fingers (14) includes a cavity (where bolt (17) passes through) configured for use with a second tool (18) to rotate the finger (14), (Figures 1-3); Claim 12 - wherein the tool body (10) is hollow, (Figures 1-3); Claim 13 – wherein the plurality of tool body sides comprises four tool body sides, (Figures 1-3); Claim 14 - wherein the plurality of fingers (14) comprises one finger (14) associated with each of the tool body sides, (Figures 1-3); Claim 15 - wherein each of the fingers (14) comprises a first finger extension configured engage a first surface to allow for the finger (14) to rotate, (Figures 1-3); Claim 16 - wherein each of the fingers (14) is further configured to be moveable via the pivot associated with the finger (14) in response to the associated finger extension engaging the first surface, (Figures 1-3).
Claim(s) 1-3, 5, 7 and 12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent No. 3,651,957 (Ball et al.).
Regarding Claims 1-3, 5, 7 and 12, Ball et al. teaches: Claim 1 - a tool comprising: a tool body (90) comprising a plurality of tool body sides and a plurality of tool body projections (98), wherein each of the plurality of tool body sides includes at least one tool body projection (98); a plurality of fingers (118), wherein each of the plurality of fingers (118) is pivotally coupled to one or more tool body projections (98) via one or more pivots (120); and wherein each of the plurality of fingers (118) is configured to be moveable via the pivot between a first orientation and a second orientation, the first orientation is associated with a first stop (AA) on the associated finger (118); and the second orientation is associated with a second stop (BB) on the associated finger (118), (Figures 1-6 and Annotated Figure 6 Below); Claim 2 - wherein each tool body side includes two tool body projections (98) associated with one of the plurality of fingers (118), (Figures 1-6); Claim 3 - wherein each tool body side is associated with two of the plurality of fingers (118), (Figures 1-6); Claim 5 - wherein one or more fingers (118) include an exterior protrusion (122) configured to rotate the finger (118), (Figures 1-6); Claim 7 - wherein the first stop (AA) and the second stop (BB) of each finger (118) are configured for use with one of a plurality of plungers (108 and 110), (Figures 1-6 and Annotated Figure 6 Below); Claim 12 - wherein the tool body (90) is hollow, (Figures 1-6).
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Claim(s) 1 and 8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent No. 7,618,074 (Zimmer).
Regarding Claims 1 and 8, Zimmer teaches: Claim 1 - a tool comprising: a tool body (6) comprising a plurality of tool body sides and a plurality of tool body projections (AA), wherein each of the plurality of tool body sides includes at least one tool body projection (AA); a plurality of fingers (13), wherein each of the plurality of fingers (13) is pivotally coupled to one or more tool body projections (AA) via one or more pivots; and wherein each of the plurality of fingers (13) is configured to be moveable via the pivot between a first orientation and a second orientation, the first orientation is associated with a first stop (BB) on the associated finger (13); and the second orientation is associated with a second stop (CC) on the associated finger (13), (Figures 1-7 and Annotated Figure 4 Below); Claim 8 - wherein each of the first stop (BB) and the second stop (CC) of each finger (13) comprise an aperture (BB and CC), (Figures 1-7 and Annotated Figure 4 Below).
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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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 11 is rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent No. 7,618,074 (Zimmer) in view of U.S. Patent No. 5,784,774 (Kajiwara).
Regarding Claim 11, Zimmer teaches the tool as described above, but does not teach: wherein the tool body includes an interior cavity comprised of a plurality of corners, and wherein each of the corners is configured to have a corner chamber configured to accommodate a semiconductor device corner (Claim 11). However, Kajiwara teaches: Claim 11 – a tool having a tool body (11), wherein the tool body (11) includes an interior cavity comprised of a plurality of corners, and wherein each of the corners is configured to have a corner chamber (11a) configured to accommodate a semiconductor device corner, (Figures 1-7b). Therefore, it would have been obvious to one of ordinary skill in the art to modify the tool of Zimmer to have wherein the tool body includes an interior cavity comprised of a plurality of corners, and wherein each of the corners is configured to have a corner chamber configured to accommodate a semiconductor device corner (Claim 11) as taught by Kajiwara for the purposes of more efficiently and securely holding a semiconductor device.
Allowable Subject Matter
Claims 9 and 10 are 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Josh Rodden whose telephone number is (303) 297-4258. The examiner can normally be reached on M-F, 8-5 MST.
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/JOSHUA E RODDEN/ Primary Examiner, Art Unit 3642
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