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 .
Priority
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged.
Claim Objections
Claim 19 is objected to because of the following informalities: claim 19 depends upon non-existing claim 21. Appropriate correction is required. For the purpose of examination, the examiner will consider claim 19 as depending upon claim 18.
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) 9, 13, 15, and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2007/0140812 A1 to (Ohtake et al.).
Regarding claims 9 and 20, (Ohtake et al.) disclose an axial-force-detective fastening tool, i.e., a bolt tensioning tool, which fastens a nut to the bolt, and at the same time, detects and axial force acting on the bolt. The axial-force-detective fastening tool 1 comprises a housing (tool body 3); an electric motor positioned within the housing (paragraph [0051]); a tensioning assembly having an inner socket 7, 7A, 7B, 7C and an outer socket (socket body 5), the inner socket 7, 7A, 7B, 7C connectable to a bolt (paragraph [0060], Figs. 1, 2, 3A-3C, and 6-11) the outer socket 5 connectable to a nut 55, wherein the outer socket 5 is configured to rotate the nut 55 relative to the bolt to apply tension to the bolt during a tensioning operation; and a bolt tension monitoring system configured to monitor the tension of the bolt during the tensioning operation (paragraphs [0033], [0069]-[0088])), the bolt tension monitoring system including a controller (not shown; paragraph [0065]) and a sensor (ultrasonic sensor 11), wherein the controller is configured to determine the tension of the bolt based on a signal (since the ultrasonic sensor 11 both emits and receives ultrasonic waves, the ultrasonic sensor 11 is both a sensor and a transmitter; paragraph [0078]) from the sensor corresponding with a dimension of the bolt (“According to the emitted and received ultrasonic waves, the controller measures an elapsed time between the emission of the ultrasonic waves and the reception of the same as a round-trip time of the ultrasonic waves along an axial length of the bolt 53 and computes the axial length of the bolt 53.” - paragraph [0076]; and “Thereafter, the controller computes an axial length extension ratio of the bolt 53 due to the fastening of the nut 55 as well as an axial force proportional to the extension ratio and outputs the axial force to, for example, a display. The operator sees the axial force on the display, and if the axial force is equal to a set value, stops the motor. Alternatively, the controller may automatically stop the motor if the computed axial force is equal to a predetermined value.” - paragraph [0077]).
Regarding claim 13, (Ohtake et al.) provides a wire 46 connecting the bolt tension monitoring system to a controller (not shown)(paragraph [0065]).
Regarding claim 15, (Ohtake et al.) discloses that the ultrasonic transducer and the ultrasonic sensor 11 are disposed on the inner socket 7, 7A, 7B, 7C.
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.
Claims 1-3, 5-16 is/are rejected under 35 U.S.C. 103 as being obvious over US 9,632,016 B2 to (Hernandez) in combination with US 12,017,332 B2 to (Abbott et al.).
The applied reference has a common Applicant with the instant application. Based upon the earlier effectively filed date of the reference, it constitutes prior art under 35 U.S.C. 102(a)(2).
Regarding claim 1, (Hernandez) provides a fastener strain measurement system 10 and a tool (e.g., a fastener torqueing tool 35 (Figs. 1 and 6); or, a ratchet or power driven tool 66 (Fig. 7)), where the strain measurement system 10 converts the calculated strain directly to a preload tension in the bolt 20; thus, the strain measurement system 10 is utilized to monitor the bolt tension. This system 10 includes a transmitter (probe 12) configured to transmit a signal (via a pulsed laser emitter 14), a receiver (a detector 16) configured to receive the signal, a sensor housing, and a controller (system controller 50); wherein, the probe 12 may be spaced a distance from the bolt (in the embodiment of Figs. 1 and 6), or incorporated into a socket (Col. 4, lines 14-22: The probe 12 is integrated into a Laser Ultra Sound (LUS) socket 72 having an attachment hub 74 to receive the ratchet or power tool 66. A socket 76 extends from the probe 12 to engage the head 38 of bolt 20. The LUS socket maintains axial alignment of the probe 12 with the bolt head 38 and is directly moveable with the LUS socket 72 and power tool 66 as various fastener systems are torqued during assembly of a structure.) such that, in the case of the probe being incorporated into a socket, the socket serves as a sensor housing having an inner wall defining a recess configured to receive the surface of the bolt, the controller 50 configured to determine a dimension of the bolt during a tensioning operation and to determine the tension in the bolt based on the dimension, wherein a tensioning assembly applies tension to the bolt during the tensioning operation (Col. 3, lines 15-57).
Thus, (Hernandez) provides a bolt tensioning tool as claimed except for explicitly providing the tool with an electric motor in the housing of the tool 35, 66.
(Abbott et al.) provides a bolt tensioning tool that includes a housing 14, an electric motor 18 positioned within the housing,… and a tensioning assembly 88, 88a, 88c, 88d, 88e, 88f, 88g connectable to a bolt for applying tension thereto.
Therefore, it would have been obvious to one having ordinary skill in the art at the time of the effective filing date of the invention to have modified (Hernandez) by providing a housing with an electric motor positioned within the housing, such as the bolt tensioning tool of (Abbott et al.), and having the predictable result of monitoring the bolt tension while the tensioning assembly applies tension to the bolt during the tensioning operation.
Regarding claim 2, in the combination of (Hernandez) and (Abbott et al.), (Hernandez) discloses that the transmitter includes an ultrasonic transducer, and the receiver includes an ultrasonic sensor, the ultrasonic transducer configured to produce sound waves as the signal (Col. 4, lines 27-36).
Regarding claim 3, in the combination of (Hernandez) and (Abbott et al.), (Hernandez) discloses that the transmitter includes a laser, and the receiver includes a laser sensor, the laser configured to emit a light as the signal (Col. 2, lines 16-67; and, Col. 3, lines 1-14).
Regarding claim 5, in the combination of (Hernandez) and (Abbott et al.), (Hernandez) discloses that the transmitter is configured to continuously transmit the signal during the tensioning operation (e.g., Col. 4, lines 43-48).
Regarding claim 6, in the combination of (Hernandez)
and (Abbott et al.), (Abbott et al.) provide that the tools
10, 10a, 10b may be connected by electrical wires 170 (FIG. 8B).
Regarding claim 7, in the combination of (Hernandez)
and (Abbott et al.), (Abbott et al.) provide that the tensioning assembly includes an anvil 78, the anvil configured to transmit rotational impacts from the electric motor to a threaded nut to tension the bolt (Col. 4, lines 55-67; and, Col. 5, lines 1-28).
Regarding claim 8, in the combination of (Hernandez) and (Abbott et al.), (Abbott et al.) provide that the tensioning assembly includes a pump configured to drive a piston and collar configured to receive the threaded portion of the bolt, the piston configured to apply a tensile force to the threaded portion of the bolt.
Regarding claim 9, in the combination of (Hernandez) and (Abbott et al.) as discussed in reference to claim 1, (Abbott et al.) provides an inner socket and an outer socket, and (Hernandez) discloses that the bolt tension monitoring system including an ultrasonic transducer and an ultrasonic sensor (Col. 4, lines 27-36).
Regarding claims 10-12, in the combination of (Hernandez) and (Abbott et al.), (Abbott et al.) provide that the tool may further comprise a planetary gear system 130 configured to transfer torque from the electric motor to the outer socket (Col. 7, lines 65-67; and, Col. 8, lines 1-34). Although (Abbott et al.) does not explicitly discuss providing a plurality of stages, e.g., two or more planetary gear stages interconnected to provide higher gear reduction ratios, in the planetary gear system, such systems are old and well-known in the art and would have been an obvious provision to one having ordinary skill in the art.
Regarding claim 13, in the combination of (Hernandez) and (Abbott et al.), (Hernandez) provides a wire (not labeled) that connects the probe 12 of the tension monitoring system 10 to the controller (a system control computer 33)(Col. 2, lines 16-42; Fig. 1).
Regarding claim 14, in the combination of (Hernandez) and (Abbott et al.), (Abbott et al.) provide that the tool may further comprise a planetary gear system 130 configured to transfer torque from the electric motor to the outer socket (Col. 7, lines 65-67; and, Col. 8, lines 1-34).
Regarding claim 15, in the combination of (Hernandez) and (Abbott et al.) as discussed in reference to claim 9, (Hernandez) discloses that the bolt tension monitoring system includes an ultrasonic transducer and an ultrasonic sensor (Col. 4, lines 27-36), and teaches that, in the embodiment in the case of the probe being incorporated into a socket, the ultrasonic transducer and the ultrasonic sensor are disposed on the socket. Thus, it would have been obvious to incorporate the ultrasonic transducer and the ultrasonic sensor into an inner socket in the case of the bolt tensioning tool of (Abbott et al.).
Regarding claim 16, in the combination of (Hernandez) and (Abbott et al.) as discussed in reference to claims 9-12 above, (Hernandez) discloses that the bolt tension monitoring system includes an ultrasonic transducer and an ultrasonic sensor (Col. 4, lines 27-36), and teaches that, in the embodiment in the case of the probe being incorporated into a socket, the ultrasonic transducer and the ultrasonic sensor are disposed on the socket. Thus, it would have been obvious to incorporate the ultrasonic transducer and the ultrasonic sensor into an inner socket in the case of the bolt tensioning tool of (Abbott et al.) such that the ultrasonic sensor is adjacent to an end of the bolt when the bolt is inserted in the inner socket.
This rejection under 35 U.S.C. 103 might be overcome by: (1) a showing under 37 CFR 1.130(a) that the subject matter disclosed in the reference was obtained directly or indirectly from the inventor or a joint inventor of this application and is thus not prior art in accordance with 35 U.S.C.102(b)(2)(A); (2) a showing under 37 CFR 1.130(b) of a prior public disclosure under 35 U.S.C. 102(b)(2)(B); or (3) a statement pursuant to 35 U.S.C. 102(b)(2)(C) establishing that, not later than the effective filing date of the claimed invention, the subject matter disclosed and the claimed invention were either owned by the same person or subject to an obligation of assignment to the same person or subject to a joint research agreement. See generally MPEP § 717.02.
Claim(s) 18 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over (Hernandez) in combination with (Abbott et al.) as applied to claims 1 and 9 above, and further in view of US 10,131,042 B2 to (Mergener et al.).
The combination of (Hernandez) and (Abbott et al.), as applied to claims 1 and 9 above, provide a bolt tensioning tool according to claims 18 and 19, where (Hernandez) provides a display 32 associated with a system control computer 33 receives data from information transmitted by the detector 16 through the signal converter 31 and provides that data, computationally converted to direct strain measurement or preload, for use by an operator installing the fastener system 18. The system control computer 33 may also communicate with a control output device 34 associated with a fastener torqueing tool 35 on which the probe 12 may be mounted (Col. 2, lines 34-42). However, the display is not disposed on the housing of the tool.
(Mergener et al.) provide, inter alia, a power tool 200 that has a housing (main body 202 and handle 204) and a controller 226 where indicators 220 are coupled to the controller 226 and the indicators 220 include, for example, one or more light-emitting diodes (“LED”), or a display screen… to display conditions of, or information associated with, the power tool 200. For example, the indicators 220 are configured to indicate measured electrical characteristics of the power tool 200, the status of the power tool 200, etc. The indicators 220 may also include elements to convey information to a user through audible or tactile outputs. (Col. 7, lines 49-60).
Therefore, it would have been obvious to one having ordinary skill in the art at the time of the effective filing date of the invention to have modified the combination of (Hernandez) and (Abbott et al.), as applied to claims 1 and 9 above, by providing, as an alternative to a display, a LED readout disposed on the housing, wherein an LED pattern of the LED readout corresponds to a measured tension of the bolt, as taught by (Mergener et al.), and having the predictable result of communicating operational information of the bolt tensioning tool to a user thereof while tensioning a bolt.
Allowable Subject Matter
Claims 4 and 17 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.
The following is a statement of reasons for the indication of allowable subject matter: regarding claim 4, that the tensioning operation includes a plurality of impact events and wherein the transmitter is configured to transmit the signal between impact events, together in combination with claim 1 has neither been disclosed nor suggested by the prior art of record; and, regarding claim 17, the examiner notes that while (Ohtake et al.) provide a sensor spring 45 that pushes the ultrasonic sensor 11 toward the front end of the bolt 53 (paragraph [0078]), there is no teaching or suggestion in the prior art to provide a biasing member configured to bias the ultrasonic transducer and the ultrasonic sensor toward an end of the bolt when the bolt is inserted in the inner socket of a planetary gear system (claim 11).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure as describing tools and/or components related to the present application.
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 (313) 446-6546. 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/