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
Claims 9-18 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on January 20, 2026.
Claim Objections
Claim 6 is objected to because of the following informalities: Claim 6 sets forth a third “arc angle” and a fourth “arc angle,” when a first “arch angle” and a second “arch angle” has been set forth previously in claim 3. For examination purposes, the Examiner has interpreted the first “arch angle” and the second “arch angle” in claim 3 as first and second arc angles. Appropriate correction is required.
Claim 7 is objected to because of the following informalities: Claim 7 refers to “said first arc angle and said second arc angle” when a first “arch angle” and a second “arch angle” has been set forth previously in claim 3. For examination purposes, the Examiner has interpreted the first “arch angle” and the second “arch angle” in claim 3 as first and second arc angles. Appropriate correction is required.
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 1-2 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Hedin (WO 9904935 A1, cited by applicant) in view of Khachatoorain (US 6349621 B1).
Hedin discloses a wrench comprising: a handle having a first end and a second end; (see FIG. 1: wrench 2 comprising a handle 17 having a first end towards the top of FIG. 1 and a second end)
a pair of jaws located at said second end of said handle and integral thereto, (jaws 3 and 4 at said second end of handle 17 and integral thereto)
said first jaw comprising a raker and said second jaw comprising a pawl, said raker and said pawl spaced apart from one another in a divergent direction away from said handle to form a throat, (jaw 3 comprising a raker and jaw 4 comprising a pawl, jaws 3 and 4 spaced apart from one another in a divergent direction away from handle 17 to form interjacent opening 5)
said throat bounded by a first inwardly facing surface of said raker and a second inwardly facing smooth surface of said pawl, wherein both the raker and the pawl extend in the form of a curve in a common direction, (inner situated section 7 bounded by a first inwardly facing gripping surface 8 of jaw 3 and a second inwardly facing smooth gripping surface 9 of jaw 4, wherein both jaws 3 and 4 extend in the form of a curve in a common direction)
and wherein said first and second inwardly facing surfaces intersect to form a line at a deepest part of said throat (gripping surfaces 8 and 9 intersect to form a curved line at inner situated section 7, at the deepest part of interjacent opening 5).
Hedin does not disclose that a first inwardly facing surface of said raker is smooth. However, Khachatoorain in the same field of endeavor related to open-jaw wrenches, teaches a wrench comprising: a handle having a first end and a second end; a pair of jaws located at said second end of said handle, (wrench in FIG. 1 comprising a handle 10 having a first end to the right and a second end to the left, a pair of jaws 14 and 12 located at said second end of handle 10)
said first jaw comprising a raker and said second jaw comprising a pawl, said raker and said pawl spaced apart from one another in a divergent direction away from said handle to form a throat, (jaw 14 comprising a raker and jaw 12 comprising a pawl, jaws 14 and 12 spaced apart from one another in a divergent direction away from handle 10 to form a throat, identified in annotated FIG. 1 below)
said throat bounded by a first inwardly facing smooth surface of said raker and a second inwardly facing smooth surface of said pawl, (said throat bounded by a first inwardly facing smooth contact surface 18 of jaw 14 and second inwardly facing smooth contact surface 17 of jaw 12; “the contact surfaces 17 and 18 can be smooth without teeth” [Col. 2, Lines 34-36]).
wherein both the raker and the pawl extend in the form of a curve in a common direction,
and wherein said first and second inwardly facing surfaces intersect to form a line at a deepest part of said throat (wherein both jaws 12 and 14 extend in the form of a curve in a common direction and wherein contact surfaces 17 and 18 intersect to form a line at a deepest part of the throat).
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the inwardly facing surface of the raker of Hedin to be smooth, as taught by Khachatoorain. One would have been motivated to make such a modification “as would be recognized by one skilled in the art” so that the gripping surfaces of the jaws do not damage the fastener (Col. 2, Lines 34-36).
Regarding claim 2, the rejection of claim 1 is incorporated. Hedin does not disclose that the wrench comprises a plurality of gripping teeth extending from said second inwardly facing smooth surface. However, Khachatoorain teaches a plurality of gripping teeth extending from said second inwardly facing smooth surface (see FIG. 1: teeth 19 extending from contact surface 17). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the pawl of Hedin, combined with Khachatoorain, to comprise a plurality of gripping teeth extending from the second inwardly facing smooth surface. One would have been motivated to make such a modification “to increase the friction between the contact surfaces and the pipe or other work surface” (Col. 2, Lines 31-34).
Regarding claim 5, the rejection of claim 1 is incorporated. Hedin further discloses that said raker has a first tip and said pawl has a second tip, (identified in annotated FIG. 1 below) wherein said throat decreases in width distally from said first tip and said second tip (interjacent opening 5 decreases in width distally from the first tip and the second tip such that the width of interjacent opening 5 is greater near the first and second tips than it is at inner section 7).
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Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Hedin (WO 9904935 A1, cited by applicant) in view of Khachatoorain (US 6349621 B1), further in view of Chaconas (US 20060011020 A1).
Regarding claim 3, the rejection of claim 1 is incorporated. Hedin does not explicitly disclose that said first inwardly facing smooth surface has a first arc angle and said second inwardly facing smooth surface has a second arc angle, said first arc angle is greater than said second arc angle. However, Chaconas, in the same field of endeavor related to open-jaw wrenches, teaches a wrench comprising a handle; a pair of jaws located at said second end of said handle and integral thereto, (see FIG. 1: handle 10 with a pair of jaws 14 and 16 located at one end of handle 10 and integral thereto)
said first jaw comprising a raker and said second jaw comprising a pawl, said raker and said pawl spaced apart from one another in a divergent direction away from said handle to form a throat, (jaw 14 comprising a raker and jaw 16 comprising a pawl, jaws 14 and 16 spaced apart from one another in a divergent direction away from handle 10 to form a throat between the jaws; ¶[0019])
said throat bounded by a first inwardly facing surface of said raker and a second inwardly facing surface of said pawl, wherein both the raker and the pawl extend in the form of a curve in a common direction, (said throat bounded by bite surface 24 of jaw 14 and receiving area 28 of jaw 16, wherein both jaws 14 and 16 extend in a common direction)
and wherein said first and second inwardly facing surfaces intersect to form a line at a deepest part of said throat (bite surface 24 and receiving area 28 intersect to form a line at the deepest part of the throat at receiving area 28.
wherein said first inwardly facing smooth surface has a first arc angle and said second inwardly facing smooth surface has a second arc angle, said first arc angle is greater than said second arc angle (bite surface 24 has an angle β, “a preferred angle being about 135 degrees,” and receiving area 28 has an angle α, “preferably angle α is 60 degrees +/−2 degrees”, angle β is greater than angle α; see ¶[0018] and [0022]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the inwardly facing smooth surfaces of the jaws of Hedin, modified by Khachatoorain, so the first inwardly facing smooth surface has an arc angle greater than the arc angle of the second inwardly facing smooth surface. One would have been motivated to make such a modification so that “the resulting bending moment would be reduced, thereby increasing the amount of torque that could be applied to the wrench without detrimentally bending or breaking the jaw” (¶[0031]).
Claims 4 and 6-7 are rejected under 35 U.S.C. 103 as being unpatentable over Hedin in view of Khachatoorain and Chaconas, further in view of Wu (US 20080257121 A1).
Regarding claim 4, the rejection of claim 3 is incorporated. Hedin further discloses that the said raker has a first outwardly facing curved surface and said pawl has a second outwardly facing curved surface (identified in annotated FIG. 1 below). Hedin does not explicitly disclose that the curved surfaces are smooth. However, Wu, in the same field of endeavor related to wrenches, teaches a first jaw comprising a raker with a first outwardly facing curved smooth surface and a second jaw comprising a pawl with a second outwardly facing curved smooth surface (see FIG. 6, ¶[0004] and ¶[0023]: jaw 4 with an outwardly facing curved surface ground smooth and jaw 5 with an outwardly facing curved surface 51 ground smooth). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the jaws of Hedin, combined with Khachatoorain and Chaconas, so that the raker has a first outwardly facing curved smooth surface and the pawl has a second outwardly facing curved smooth surface. One would have been motivated to make such a modification to ensure that the wrench can be cleaned of grease or other lubricants easily.
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Regarding claim 6, the rejection of claim 4 is incorporated. Hedin does not disclose that said first outwardly facing smooth surface has a third arc angle and said second outwardly facing smooth surface has a fourth arc angle, said third arc angle greater than said fourth arc angle. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the jaws so that the third arc angle is greater than the fourth arc angle. Such a modification is viewed as change in proportion, which has been held to be of routine by one skilled in the art (see MPEP 2144.04). Changing the proportion of the outwardly facing smooth surfaces would affect the area in which the wrench interacts with the object being worked upon, which would change for different functions. Further in ¶[0017], ¶[0032] and ¶[0036] of the instant application, there is no criticality or unexpected results discussed on why this relative proportion would be used.
Regarding claim 7, the rejection of claim 6 is incorporated. Hedin does not disclose that said third arc angle is greater than said first arc angle and said second arc angle is greater than said fourth arc angle. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the jaws so that the third arc angle is greater than the fourth arc angle. Such a modification is viewed as change in proportion, which has been held to be of routine by one skilled in the art (see MPEP 2144.04). Changing the proportion of the outwardly facing smooth surfaces would affect the area in which the wrench interacts with the object being worked upon, which would change for different functions. Further in ¶[0017], ¶[0032] and ¶[0036] of the instant application, there is no criticality or unexpected results discussed on why this relative proportion would be used.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Hedin in view of Khachatoorain, further in view of Gibic (US 11273538 B2).
Regarding claim 8, the rejection of claim 1 is incorporated. Hedin does not disclose that the wrench further comprises knurling on said second inwardly facing smooth surface. However, Gibic, in the same field of endeavor related to wrenches, discloses a wrench comprising a first jaw comprising a raker and a second jaw comprising a pawl, said raker and said pawl spaced apart from one another in a divergent direction away from a handle to form a throat, (see FIG. 6: wrench 10 comprising jaw 18 comprising a raker and jaw 12 comprising a pawl, jaws 18 and 12 spaced apart from one another in a divergent direction away from handle 24 to form a throat in which workpiece 22 is located in)
said throat bounded by a first inwardly facing smooth surface of said raker and a second inwardly facing smooth surface of said pawl, (said throat bounded by smooth surface 16 of jaw 18 and a smooth surface 14 of jaw 12)
further comprising knurling on said second inwardly facing smooth surface (surface 20 with knurls on smooth surface 14; Col. 5, Lines 2-7).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the pawl of Hedin, combined with Khachatoorain, to further comprise knurling on the second inwardly facing smooth surface. One would have been motivated to make such a modification “for engaging cylindrical sidewalls of pipes, tubing, conduit, and related connectors” (Col. 5, Lines 2-13).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Cheng (US 20140076112 A1) discloses a wrench with curved jaws.
Yu (US 20120067177 A1) discloses a wrench with curved jaws.
Hu (US 20120272796 A1) discloses a wrench with different angles of curvature.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CATHERINE JOH whose telephone number is (571)272-0410. The examiner can normally be reached Mon-Fri 8a-5p.
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/C.J./ Examiner, Art Unit 3723
/ROBERT J SCRUGGS/ Primary Examiner, Art Unit 3723