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 § 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.
Claims 1, 2 and 7-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Khristyuchenko et al. (10,144,117).
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Khristyuchenko et al. discloses all of the limitations of claim 1, i.e., a pliers comprising:
a first jaw 114 comprising a first interface portion 110;
a first component 116 coupled to the first jaw, the first component comprising:
a first neck 132 section coupled to the first jaw Fig. 2;
a first grip section 112 extending from the first neck section; and
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a first plurality of teeth defined by gear 132 extending from the first neck section away Fig. 2 from the first jaw 114;
a second jaw 120 pivotally @108 coupled to the first jaw 114 and rotatable with respect to the first jaw about a first rotational axis defined by pivot pin 108, the second jaw comprising:
a second interface portion 110, the second interface portion facing toward the first interface portion Fig. 1 and on an opposing side of a longitudinal axis Fig. 1 from the first interface portion 110;
a second component 122 comprising:
a second neck section 130 pivotally @126 coupled to the second jaw 120, Fig. 1;
a second grip section 118 extending from the second neck section; and a second plurality of teeth defined by gear 130 extending outward from the second neck section Fig. 2,
wherein the second jaw 120 pivotally rotates with respect to the second component 118 about a second rotational axis defined by pivot pin 126 distinct from the first rotational axis @108, Fig. 1; and
a biasing element 124 coupled to the second component 118 and the second jaw 120, Fig. 1 such that the second jaw 120 is moved with the second component 118;
wherein the first jaw 114 and the second jaw 120 actuate between an open position Fig. 1 in which the first interface portion 110 and the second interface portion 110 are spaced apart, and
a closed position Fig. 20 in which the first interface portion 110 contacts the second interface portion 110 and at least the tips contact for jaws of Fig. 1; and
wherein, when the second grip section 118 is actuated towards the first grip section 112, the first plurality of teeth 132 engage the second plurality of teeth 130, Figs. 3 and 8.
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Regarding claim 2, PA (prior art, Vassiliou) meets the limitations, i.e., the pliers of claim 1, further comprising an elongate structure pin at 126, the second component 118 comprising a first elongate aperture slot 904, and the second jaw 120 comprising a second aperture at pivot 126, wherein the elongate structure pin 126 extends through the first elongate aperture slot 904 and the second aperture pivot aperture at thereby coupling the second component and the second jaw, such that the second component 118 is slidable within the pivot slot 904, embodiment of Fig. 9 and pivotally rotatable with respect to the second jaw.
Regarding claim 7, PA meets the limitations, i.e., the pliers of claim 1, wherein the second component 118 and the second grip section 122 form a single, integral component Fig. 1.
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[AltContent: arrow][AltContent: textbox (CONSTRAINING SFC)]Regarding claim 8, PA meets the limitations, i.e., the pliers of claim 1, wherein the biasing element 124 applies a biasing force such that the second jaw interfaces against a constraining surface abutment Fig. 5 of the second component 118, wherein engagement between the second jaw 120 and the constraining surface resists movement of the second component relative to the second jaw Fig. 5.
CLAIM 9
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Khristyuchenko et al. discloses all of the limitations of claim 9, i.e., a clamping tool comprising:
a first jaw 114 comprising a first jaw face 110, fig. 1;
a first component 116 coupled to the first jaw, the first component comprising:
a first neck section 132 coupled to the first jaw 114;
a first grip section 112 extending from the first neck section; and
a first plurality of teeth defined by gear 132, Fig. 2 extending from the first neck section;
a second jaw 120 pivotally @108 coupled to the first jaw 114 and rotating with respect to the first jaw about a first rotational axis defined by pivot 108, the second jaw comprising:
a second jaw face 110, the second jaw face positioned on an opposing side of a longitudinal axis from the first jaw face Fig. 1;
a second component 118 comprising:
a second neck section 130 pivotally @126 coupled to the second jaw 120;
a second grip section proximal end of 118 extending from the second neck section; and
a second plurality of teeth defined by gear 130 extending from the second neck section Fig. 2, wherein the second jaw 120 pivotally rotates with respect to the second component 118 about a second rotational axis defined by pivot pin 126; and
a biasing element 124 coupled to the second component 118 and the second jaw 120 such that the second jaw and the second component move together Fig. 1;
wherein, when the first jaw face 110 and second jaw face 110, Fig. 1 are spaced apart, the first plurality of teeth are disengaged from the second plurality of teeth Figs. 9 and 6; and
wherein, when the second grip section 118 is rotated toward the longitudinal axis and the first jaw face 110 and the second jaw face 110 engage a workpiece, the first plurality of teeth engage the second plurality of teeth as a torque is applied to the workpiece engaged position, Figs. 8 and 4.
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Regarding claim 10, PA meets the limitations, i.e., the clamping tool of claim 9, wherein, when the second grip section is rotated away from the longitudinal axis, the biasing element moves the second component away from the longitudinal axis such that the first plurality of teeth disengage from the second plurality of teeth rotating the grip from Fig. 8 to Fig. 6.
Regarding claim 11, PA meets the limitations, i.e., the clamping tool of claim 9, further comprising a pin slot fulcrum 902 defining a pin going through both second jaw and second handle, Figs. 1, 2, 8 and 9 extending through a slot 904 of the second component Fig. 9 and an aperture of the second jaw similar to Fig. 6 coupling the second component to the second jaw.
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Regarding claim 12, PA meets the limitations, i.e., the clamping tool of claim 11, wherein the second component 118 is slidable and pivotally rotatable with respect to the second jaw 120, via slot fulcrum 904, Fig. 9.
Regarding claim 13, PA meets the limitations, i.e., the clamping tool of claim 9, wherein the biasing element 124 applies a biasing force moving the second jaw 120 into engagement with a constraining surface annotated above for claim 8 of the second component 118 such that second component and the second jaw move together like a rigid component forcing the handle from Fig. 7 to Fig. 5.
Regarding claim 14, PA meets the limitations, i.e., the clamping tool of claim 13, wherein, when a grip force is applied to the second grip section 118 and the grip force is greater than the biasing force, the second component 118 moves relative to the second jaw 120 such that the second plurality of teeth engage the first plurality of teeth Fig. 8, gear engaged state.
Regarding claim 15, PA meets the limitations, i.e., the clamping tool of claim 9, wherein the second component 118 and the second grip 122 section form a single, integral component Fig. 1.
Regarding claim 16, PA meets the limitations, i.e., the clamping tool of claim 9, wherein the second rotational axis is not collinear with the first rotational axis offset rotational axes defined by pivot pins at 108 and 126, Fig. 1.
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CLAIM 17
Khristyuchenko et al. discloses all of the limitations of claim 17, i.e., a pliers comprising:
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a first jaw 114 comprising a first interface portion 110;
a first component 112 coupled to the first jaw, the first component comprising:
a first neck section 132 coupled to the first jaw;
a first grip section 116 extending from the first neck section 132; and
a first plurality of teeth defined by gear 132 extending from the first neck section away from the first jaw;
a second jaw 120 pivotally coupled to the first jaw @108 and rotatable with respect to the first jaw about a first rotational axis, defined by 108 the second jaw comprising:
a second interface portion 110, the second interface portion facing toward the first interface portion Fig. 1;
a second component 118 comprising:
a second neck section 130 pivotally coupled to the second jaw @126;
a second grip section 122 extending from the second neck section 130;
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[AltContent: arrow][AltContent: textbox (CONSTRAINING SFC)]a constraining surface defined by stop pin annotated here, partial Fig. 9 facing toward the second grip section similar to instant application, Fig. 7 (please note that limitations from specification are not read into the claims); and
a second plurality of teeth defined by gear 130 extending from the second neck section 130, wherein the second jaw 120 pivotally rotates with respect to the second component 118 about a second rotational axis 126; and
a spring 124 coupled to the second component 118 and the second jaw 120;
wherein the spring 124 applies a biasing force pushing the second jaw 120 into engagement with the constraining surface stop pin of the second component 118 to resist movement of the second component 118 relative to the second jaw 120.
Regarding claim 18, PA meets the limitations, i.e., the pliers of claim 17, wherein, when a grip force that is greater than the biasing force is applied to the second grip section 122, the second component 118 moves relative to the second jaw 120 such that the second plurality of teeth 130 engage the first plurality of teeth 1132, Figs. 7, 8.
Regarding claim 19, PA meets the limitations, i.e., the pliers of claim 18, wherein, when the second grip section 122 is released, the grip force is less than the biasing force and the biasing force pushes the second plurality of teeth 130 such that the second plurality of teeth disengage from the first plurality of teeth 132, Figs. 5, 6.
Regarding claim 20, PA meets the limitations, i.e., the pliers of claim 17, further comprising a pin sliding pivot 902 extending through a slot 904 of the second component 118 and an aperture similar to Fig. 5 of the second jaw 120 coupling the second component 118 to the second jaw 120, wherein the second component is slidable and pivotally rotatable with respect to the second jaw through slot 904.
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 3-6 are rejected under 35 U.S.C. 103 as being unpatentable over Khristyuchenko et al.
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Khristyuchenko et al. as applied to claim 2 above, meets all of the limitations of claim 3, i.e., the pliers of claim 2, the first elongate aperture 904 extending from a first end distal end of the collapsable lever 122 adjacent to the second plurality of teeth 130 to a second end annotated partial Fig. 9 opposing the first end, wherein the second plurality of teeth 130 comprise an outer surface positioned along a curve Fig. 8, and although the Figures appear to meet the wherein clause, it does not explicitly disclose for the curve to define a radius that is centered on a point that is not positioned within the first elongate aperture 904.
Khristyuchenko discloses that the mechanical advantage of the mechanism 128, may be adjusted by distance “a” and distance “b”, i.e., mechanical advantage of mechanism 128 may be decreased when da is greater than db and mechanical advantage will be more when da is less than db 06:5-25. It would have been obvious to one having ordinary skill in the art, before the effective date of the invention, to adjust the radius of the gear relative to the pivot slot to be larger or smaller than the distance from pivot to the outer surface, in adjusting the mechanical advantage of the torque mechanism in adapting the tool for a specific application, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233. It is also noted that setting the radius amounts to a size modification. It would have been obvious to one having ordinary skill in the art, before the effective date of the invention, to modify the invention with regards to dimension or desired size by a setting a radius larger/smaller than the pivot, e.g., in adapting the tool for a particular application, since such modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955).
In Gardnerv.TEC Syst., Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984), the Federal Circuit held that, where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device.
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Regarding claim 4, PA meets the limitations, i.e., the pliers of claim 3, wherein the first elongate aperture 904 defines a first distance D1 from the first end of the first elongate aperture to a first tooth of the second plurality of teeth 130 annotated here, the first tooth positioned adjacent to the longitudinal axis, and a second distance defined from the second end of the first elongate aperture 904 to the first tooth of the second plurality of teeth 130 annotated Fig. 6 (not showing the slot).
Regarding claim 5, PA meets the limitations, i.e., the pliers of claim 4, wherein the radius of the curve defines a third distance modified above for a radius larger that the distance to pivot, and wherein the third distance is greater than the first distance.
Regarding claim 6, PA meets the limitations, i.e., the pliers of claim 5, wherein the third distance is less than the second distance modified above for a radius smaller that the distance to pivot.
Conclusion
Prior art made of record and not relied upon at this time, are considered pertinent to applicant’s disclosure. Linden, Vassiliou, Harz are cited to show related inventions.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HADI SHAKERI whose telephone number is (571)272-4495. The fax phone number for forwarding unofficial documents for discussion purposes only is (571) 273-4495. The examiner can normally be reached on M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Keller can be reached on 571 272 8548. The fax number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Hadi Shakeri/
December 11, 2025 Primary Examiner, Art Unit 3723