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 INTERPRETATION
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as "configured to" or "so that"; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-20 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-6, 8-15, 19 and 20 of copending Application No. 18203941 (reference application).
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
In reference to claim 1, although the claims at issue are not identical, they are not patentably distinct from each other because copending Application No. 18203941 discloses a pass-through multi-nut driver comprising:
a handle having a first opening at a first end and a second opening at a second end opposite the first end, wherein the first opening comprises a handle socket opening (see claim 1 of copending Application No. 18203941);
a reversible main barrel having a first socket end, a second socket end, and a first engagement portion therebetween (see claim 1 of copending Application No. 18203941);
a first reversable secondary barrel having a third socket end, a fourth socket end, and a second engagement portion therebetween (see claim 1 of copending Application No. 18203941);
a second reversable secondary barrel having a fifth socket end, a sixth socket end, and a third engagement portion therebetween; wherein the sixth socket end includes a first external hexagonal screwdriver head (see claim 1 of copending Application No. 18203941); and
a reversible tertiary barrel having a seventh socket end, an eighth socket end, and a fourth engagement portion therebetween; wherein the seventh socket end includes a second external hexagonal screwdriver head and the eighth socket end includes a third external hexagonal screwdriver head (see claim 1 of copending Application No. 18203941);
wherein the handle socket opening is configured to: allow a portion of the main barrel to pass through the handle socket opening and engage the first engagement portion(see claim 1 of copending Application No. 18203941);
wherein the first socket end is configured to: allow a portion of the first reversible secondary barrel to pass through the first socket end and engage the second engagement portion (see claim 1 of copending Application No. 18203941) (see claim 1 of copending Application No. 18203941);
wherein the second socket end is configured to: allow a portion of the second reversible secondary barrel to pass through the second socket end and engage the third engagement portion (see claim 1 of copending Application No. 18203941);
wherein the third socket end is configured to: allow a portion of the tertiary barrel to pass through the third socket end and engage the fourth engagement portion (see claim 1 of copending Application No. 18203941);
wherein each of the socket ends are configured to engage a bolt head or nut of a size that is different than each of the other socket ends (see claim 1 of copending Application No. 18203941); and
wherein the handle, reversible main barrel, first reversible secondary barrel, second reversible secondary barrel, and tertiary barrel each have a pass-through interior, and when assembled, form a continuous chamber passing through the length of the tool (see claim 1 of copending Application No. 18203941).
In reference to claim 2, copending Application No. 18203941 discloses that the handle socket opening is a 3/4” hex socket shaped to engage a bolt head having a hexagonal profile (see claim 2 of copending Application No. 18203941).
In reference to claim 3, copending Application No. 18203941 discloses that the first engagement portion comprises an exterior groove facing outwardly from the main barrel; the handle comprises a collet having a detent mechanism; and the detent mechanism, when the main barrel is inserted into the handle, engages the exterior groove to resist removal of the main barrel from the handle (see claim 3 of copending Application No. 18203941).
In reference to claim 4, copending Application No. 18203941 discloses that the first engagement portion comprises a first exterior groove facing outwardly from the main barrel adjacent the first socket end and a second exterior groove facing outwardly from the main barrel adjacent the second socket end; and the handle comprises a collet having a detent mechanism engageable to the first exterior groove or the second exterior groove to resist removal of the main barrel from the handle (see claim 4 of copending Application No. 18203941).
In reference to claims 5, 9 and 20, copending Application No. 18203941 discloses that the first socket end is a 1/2” socket, the second socket end is a 9/16” socket, the third socket end is a 3/8” socket, the fourth socket end is a 7/16” socket, the fifth socket end is a 11/32” socket, the sixth socket end is a 5/16” socket, the seventh socket end is a 1/4” socket, and the eighth socket end is a 3/16” socket (see claims 5 and 9 of copending Application No. 18203941).
Additionally, copending Application No. 18203941 does not explicitly disclose the first external hexagonal screwdriver head is a ½” hex key, the second external hexagonal screwdriver head is a 5/16” hex key, and the third external hexagonal screwdriver head is a ¼” hex key, as required by the claim.
However, there is no evidence of record that establishes that changing the external head sizes would result in a difference in function of copending Application No. 18203941 device. Further, a person having ordinary skill in the art, being faced with modifying the external head sizes of the screwdriver of copending Application No. 18203941, would have a reasonable expectation of success in making such a modification and it appears the device would function as intended being given the claimed external head sizes. Lastly, applicant has not disclosed that the claimed external head sizes solve any stated problem, indicating that the external head sizes are “for example” the claimed sizes, see paragraphs 56-57) and therefore there appears to be no criticality placed on the sizes as claimed such that it produces an unexpected result.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the first external hexagonal screwdriver head is a ½” hex key, the second external hexagonal screwdriver head is a 5/16” hex key, and the third external hexagonal screwdriver head is a ¼” hex key, as required by the claim.as an obvious matter of design choice within the skill of the art.
In reference to claim 6, copending Application No. 18203941 discloses that each of the first socket end, second socket end, third socket end, fourth socket end, fifth socket end, sixth socket end, seventh socket end, and the eighth socket end are a hex socket (see claim 6 of copending Application No. 18203941).
In reference to claim 7, although the claims at issue are not identical, they are not patentably distinct from each other because copending Application No. 18203941 discloses that pass-through hand tool comprising: a handle having a body portion that includes a hollow bore that extends completely through the handle along a longitudinal axis; a reversible main barrel, having a first socket at a first end and a second socket at a second end, and a hollow interior between the first socket and the second socket, wherein the reversible main barrel is insertable into the hollow bore of the body portion of the handle in either of two orientations to present the first socket or the second socket; a reversible secondary barrel, having a third socket at a first secondary barrel end and a fourth socket at a second secondary barrel end, a first hexagonal screwdriver head at the first secondary barrel end surrounding the third socket or at the second secondary barrel end surrounding the fourth socket, and a hollow secondary interior between the third socket and the fourth socket, wherein the reversible secondary barrel is insertable into the hollow interior of the reversible main barrel in either of two orientations to present the third socket or the fourth socket; a reversible tertiary barrel, having a fifth socket at a first tertiary barrel end and a sixth socket at a second tertiary barrel end, a second hexagonal screwdriver head at the first tertiary barrel end surrounding the fifth socket or at the second tertiary barrel end surrounding the sixth socket, and a hollow tertiary interior between the fifth socket and the sixth socket, wherein the reversible tertiary barrel is insertable into the hollow interior of the reversible secondary barrel in either of two orientations to present the fifth socket or the sixth socket (see claims 13 and 19 of copending Application No. 18203941).
In reference to claim 8, copending Application No. 18203941 discloses a second reversible secondary barrel, having a seventh socket at one end and a eighth socket at an opposite end, and a second hollow secondary interior between the seventh socket and the eighth socket, wherein the second reversible secondary barrel is insertable into the hollow interior of the reversible main barrel in either of two orientations to present the seventh socket or the eighth socket (see claims 8 and 19 of copending Application No. 18203941).
In reference to claim 10, copending Application No. 18203941 discloses a detent mechanism engaged between the hollow bore and the reversible main barrel to resist removal of the reversible main barrel from the hollow bore (see claim 10 of copending Application No. 18203941).
In reference to claim 11, copending Application No. 18203941 discloses a detent mechanism engaged between the hollow interior and the reversible secondary barrel to resist removal of the reversible secondary barrel from the hollow interior (see claim 11 of copending Application No. 18203941).
In reference to claim 12, copending Application No. 18203941 discloses the handle further includes a seventh socket at one end of the hollow bore (see claim 12 of copending Application No. 18203941).
In reference to claim 13, copending Application No. 18203941 discloses the reversible main barrel is inserted into the hollow bore, the reversible secondary barrel is inserted into the hollow interior, and reversible tertiary barrel is inserted into the hollow secondary interior, the hollow bore, hollow interior, hollow secondary interior, and the hollow tertiary interior form a continuous interior space along an entire length of the pass-through hand tool (see claim 13 of copending Application No. 18203941).
In reference to claim 14, copending Application No. 18203941 discloses the continuous interior space allows a rod to pass through the entire length of the pass-through hand tool (see claim 14 of copending Application No. 18203941).
In reference to claim 15, copending Application No. 18203941 discloses the reversible main barrel further includes a wrench assist (see claim 14 of copending Application No. 18203941).
In reference to claim 16, copending Application No. 18203941 discloses a pass-through hand tool comprising: a handle having a body portion that includes a hollow bore that extends completely through the handle along a longitudinal axis; a reversible main barrel, having a first socket at a first end and a second socket at a second end, and a hollow interior between the first socket and the second socket, wherein the reversible main barrel is insertable into the hollow bore of the body portion of the handle in either of two orientations to present the first socket or the second socket; a reversible secondary barrel, having a third socket at a first secondary barrel end and a fourth socket at a second secondary barrel end, a hexagonal screwdriver head at the second secondary barrel end, and a hollow secondary interior between the third socket and the fourth socket, wherein the reversible secondary barrel is insertable into the hollow interior of the reversible main barrel in either of two orientations to present the third socket or the fourth socket (see claims 1, 13 and 19 of copending Application No. 18203941).
In reference to claim 17, copending Application No. 18203941 discloses a reversible tertiary barrel, having a fifth socket at a first tertiary barrel end and a sixth socket at a second tertiary barrel end, a second hexagonal screwdriver head at the first tertiary barrel end and a third hexagonal screwdriver head at the second tertiary barrel end, and a hollow tertiary interior between the fifth socket and the sixth socket, wherein the reversible tertiary barrel is insertable into the hollow interior of the reversible secondary barrel in either of two orientations to present the fifth socket or the sixth socket (see claims 1, 13 and 19 of copending Application No. 18203941).
In reference to claim 18, copending Application No. 18203941 discloses a second reversible secondary barrel, having a seventh socket at one end and a eighth socket at an opposite end, and a second hollow secondary interior between the seventh socket and the eighth socket, wherein the second reversible secondary barrel is insertable into the hollow interior of the reversible main barrel in either of two orientations to present the seventh socket or the eighth socket (see claim 19 of copending Application No. 18203941).
In reference to claim 19, copending Application No. 18203941 discloses when the reversible main barrel is inserted into the hollow bore, the reversible secondary barrel is inserted into the hollow interior, and reversible tertiary barrel is inserted into the hollow secondary interior, the hollow bore, hollow interior, hollow secondary interior, and the hollow tertiary interior form a continuous interior space along an entire length of the pass-through hand tool; and the continuous interior space allows a rod to pass through the entire length of the pass-through hand tool (see claim 19 of copending Application No. 18203941).
Allowable Subject Matter
Claims 1-20 would be allowable after a proper Terminal Disclaimer has been provided.
The following is an examiner's statement of reasons for allowance: The present invention pertains to a hand tool. It is the examiner's opinion that the art of record considered as a whole, alone or in combination, neither anticipates nor renders obvious of providing: a reversible tertiary barrel…wherein the reversible tertiary barrel is insertable into the hollow interior of the reversible secondary barrel in either of two orientations to present the fifth socket or the sixth socket; and wherein the handle, the reversible main barrel, the reversible secondary barrel and the reversible tertiary barrel each have a pass-through interior, and when assembled, form a continuous chamber passing through the length of the tool (as in claim 1), nor renders obvious of providing: a handle having a body portion that includes a hollow bore that extends completely through the handle along a longitudinal axis, a reversible main barrel…having a hollow interior between the first socket and the second socket, wherein the reversible main barrel is insertable into the hollow bore of the body portion of the handle in either of two orientations to present the first socket or the second socket… and a reversible secondary barrel having…a hollow secondary interior between the third socket and the fourth socket (as in claims 7 and 16), together in combination with the rest of the limitations of the independent claims.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
The closest prior art consists of Anderson et al. (5904080), Molina et al. (2019/0126445), Baker (2008/0041193), Li (2014/0013905) and Mangini (12251799).
In reference to claim 1, Anderson et al. disclose a pass-through multi-nut driver (Figures 7 and 9) comprising:
a handle (108) having a first opening (i.e. formed as the hexagonal opening within 126, Figure 9) at a first end (i.e. lower end of 108, Figure 9), wherein the first opening comprises a handle socket opening (i.e. again formed as the hexagonal opening within 126, Figure 9);
a reversible main barrel (114) having a first socket end (i.e. lower end of 114), a second socket end (i.e. upper end of 114), and a first engagement portion therebetween (i.e. formed as the inner space within 114, see Figure 7);
a first reversable secondary barrel (i.e. rightmost element 130 in Figure 9) having a third socket end (i.e. lower end of 126), a fourth socket end (i.e. upper end of 118), and a second engagement portion therebetween (i.e. formed as the inner space within rightmost element 130, see Figure 7);
a second reversable secondary barrel (i.e. leftmost element 130 in Figure 9) having a fifth socket end (i.e. lower end of 126), a sixth socket end (i.e. upper end of 118) and a third engagement portion therebetween (i.e. formed as the inner space within leftmost element 130, see Figure 7); and
wherein the handle socket opening is configured to: allow a portion of the main barrel to pass through the handle socket opening and engage the first engagement portion; wherein the first socket end is configured to: allow a portion of the first reversible secondary barrel to pass through the first socket end and engage the second engagement portion; wherein the second socket end is configured to: allow a portion of the second reversible secondary barrel to pass through the second socket end and engage the third engagement portion (because all of the structural limitations have been met).
Anderson et al. lack,
the handle having a hollow bore that extends completely through the handle;
a reversible tertiary barrel having a seventh socket end, an eighth socket end, and a fourth engagement portion therebetween…wherein the reversible tertiary barrel is insertable into the hollow interior of the reversible secondary barrel in either of two orientations to present the fifth socket or the sixth socket; and
wherein the handle, the reversible main barrel, the reversible secondary barrel and the reversible tertiary barrel each have a pass-through interior, and when assembled, form a continuous chamber passing through the length of the tool.
However, Molina et al. teach that it is old and well known in the art at the time the invention was made to provide a handle (102, see Figures 2 and 3) that includes a second opening (108, Figure 3) at a second end (112) opposite the first end (see paragraph 15 for disclosing; “As shown, the body portion 106 is closed at one end 112, but in an alternative embodiment it may be open to permit installation of longer tools.” Figure 2). Note, it would not be obvious to modify the handle, of Anderson et al., with a hollow bore that extends completely through the handle, because it would change the basic principle under which the primary reference was designed to operate, i.e. providing an, “Inner cavity 110 [that] is generally of a depth within handle 108 to accommodate and enclose long reach portion 104 and short reach portion 106 within the interior on the handle.”, see Column 2, Lines 53-56 of Anderson et al.
Next, Baker teaches that it is old and well known in the art at the time the invention was made to provide first (29) and second (31) reversible sockets (Figures 1-6) each having a hollow interior (Figure 5 and 6) for engagement with an inner drive member (23) of a handle (15) of a wrench (11, Figure 1). Since, Baker uses the hollow interior for engagement with the drive member of the handle (paragraph 22), it teaches aways from providing a handle with a hollow bore that extends completely through the handle.
Furthermore, Mangini teaches that it is old and well known in the art at the time the invention was made to provide a reversible main barrel (38), first (40) and second (42) non-reversible tool holders (Figure 10) and a reversible tertiary barrel (at 44 or 46). However, all of the sockets include retaining features (e.g. at 64 for the main barrel; at outer ends of 70 or 80 for the non-reversible tool holders; at 112 or 124 for the reversible tertiary barrels, Figure 10). Note, these retaining features are similar to central socket retaining features (see Figures 1 and 2 of Anderson et al.). Mangini also does not have the reversible secondary barrel because it discloses that “each of the shanks 70 and 80 has an exterior surface 84 defining a ¼ hexagonal cross-section and is configured to be received in a conventional chuck of a powered rotary tool” (Column 6, Lines 3-8) thereby teaching away from providing that the reversible main barrel, the secondary barrel and the reversible tertiary barrel each have a pass-through interior, and when assembled, form a continuous chamber passing through the length of the tool.
Thus, the examiner notes that it would not have been obvious to one of ordinary skill in the art to modify the device, of Anderson et al., with a hollow bore that extends completely through the handle; and wherein the handle, the reversible main barrel, the reversible secondary barrel and the reversible tertiary barrel each have a pass-through interior, and when assembled, form a continuous chamber passing through the length of the tool (as in claim 1), because such a modification would require a substantial reconstruction (Note, substantial reconstruction would be needed to provide a hollow bore that extends completely through the handle; and wherein the handle, the reversible main barrel, the reversible secondary barrel and the reversible tertiary barrel each have a pass-through interior, and when assembled, form a continuous chamber passing through the length of the tool), redesign of the elements shown in the primary reference that would change the basic principle under which the primary reference was designed to operate (Note, it would not be obvious to modify the handle, of Anderson et al., with a hollow bore that extends completely through the handle, because it would change the basic principle under which the primary reference was designed to operate, i.e. providing an “Inner cavity 110 [that] is generally of a depth within handle 108 to accommodate and enclose long reach portion 104 and short reach portion 106 within the interior on the handle.”, see Column 2, Lines 53-56 of Anderson et al. Also, it would not be obvious to modify the handle, the reversible main barrel, the reversible secondary barrel and the reversible tertiary barrel (as taught by Mangini) such that they each have a pass-through interior, and when assembled, form a continuous chamber passing through the length of the tool, of Anderson et al., because it would change the basic principle under which the primary reference was designed to operate, i.e. providing the central socket retaining features, which are generally shown as being ball or detent features, see Figures 1 and 2 of Anderson et al. or at 64 for the main barrel; at outer ends of 70 or 80 for the non-reversible tool holders; at 112 or 124 for the reversible tertiary barrels, see Figure 10, of Mangini) and would require improper hindsight reasoning.
Next, in reference to claims 7 and 16, Anderson et al. disclose a pass-through multi-nut driver (Figures 7 and 9) comprising:
a handle (108) having a first opening (i.e. formed as the hexagonal opening within 126, Figure 9) at a first end (i.e. lower end of 108, Figure 9), wherein the first opening comprises a handle socket opening (i.e. again formed as the hexagonal opening within 126, Figure 9);
a reversible main barrel (114) having a first socket end (i.e. lower end of 114), a second socket end (i.e. upper end of 114), and a first engagement portion therebetween (i.e. formed as the inner space within 114, see Figure 7);
a first reversable secondary barrel (i.e. rightmost element 130 in Figure 9) having a third socket end (i.e. lower end of 126), a fourth socket end (i.e. upper end of 118), and a second engagement portion therebetween (i.e. formed as the inner space within rightmost element 130, see Figure 7).
Anderson et al. lack,
a handle having a body portion that includes a hollow bore that extends completely through the handle along a longitudinal axis,
a reversible main barrel…having a hollow interior between the first socket and the second socket, wherein the reversible main barrel is insertable into the hollow bore of the body portion of the handle in either of two orientations to present the first socket or the second socket…, and
a reversible secondary barrel having…a hollow secondary interior between the third socket and the fourth socket.
However, Molina et al. teach that it is old and well known in the art at the time the invention was made to provide a handle (102, see Figures 2 and 3) that includes a second opening (108, Figure 3) at a second end (112) opposite the first end (see paragraph 15 for disclosing; “As shown, the body portion 106 is closed at one end 112, but in an alternative embodiment it may be open to permit installation of longer tools.” Figure 2). Note, it would not be obvious to modify the handle, of Anderson et al., with a hollow bore that extends completely through the handle along a longitudinal axis,, because it would change the basic principle under which the primary reference was designed to operate, i.e. providing an, “Inner cavity 110 [that] is generally of a depth within handle 108 to accommodate and enclose long reach portion 104 and short reach portion 106 within the interior on the handle.”, see Column 2, Lines 53-56 of Anderson et al.
Next, Baker teaches that it is old and well known in the art at the time the invention was made to provide first (29) and second (31) reversible sockets (Figures 1-6) each having a hollow interior (Figure 5 and 6) for engagement with an inner drive member (23) of a handle (15) of a wrench (11, Figure 1). Since, Baker uses the hollow interior for engagement with the drive member of the handle (paragraph 22), it teaches aways from providing a handle with a hollow bore that extends completely through the handle along a longitudinal axis.
Also, Li teaches that it is old and well known in the art at the time the invention was made to provide first (20) and second (10) reversible sockets (Figures 1-11) each having a hollow interior (at 23 and 13, Figure 8) for engagement with an inner drive member (23) of a handle (15) of a wrench (11, Figure 1). Since, Baker uses the hollow interior for engagement with the drive member (2) of the handle (3, paragraph 28), it also teaches aways from providing a handle with a hollow bore that extends completely through the handle along a longitudinal axis because the sockets have inner drives (Figure 2).
Furthermore, Mangini teaches that it is old and well known in the art at the time the invention was made to provide a reversible main barrel (38), first (40) and second (42) non-reversible tool holders (Figure 10) and a reversible tertiary barrel (at 44 or 46). However, all of the sockets include retaining features (e.g. at 64 for the main barrel; at outer ends of 70 or 80 for the non-reversible tool holders; at 112 or 124 for the reversible tertiary barrels, Figure 10). Note, these retaining features are similar to central socket retaining features (see Figures 1 and 2 of Anderson et al.). Mangini also does not have the reversible secondary barrel because it discloses that “each of the shanks 70 and 80 has an exterior surface 84 defining a ¼ hexagonal cross-section and is configured to be received in a conventional chuck of a powered rotary tool” (Column 6, Lines 3-8) thereby teaching away from providing that the reversible main barrel…has a hollow interior between the first socket and the second socket, wherein the reversible main barrel is insertable into the hollow bore of the body portion of the handle in either of two orientations to present the first socket or the second socket…, and a reversible secondary barrel having…a hollow secondary interior between the third socket and the fourth socket.
Thus, the examiner notes that it would not have been obvious to one of ordinary skill in the art to modify the device, of Anderson et al., with a handle having a body portion that includes a hollow bore that extends completely through the handle along a longitudinal axis, a reversible main barrel…having a hollow interior between the first socket and the second socket, wherein the reversible main barrel is insertable into the hollow bore of the body portion of the handle in either of two orientations to present the first socket or the second socket… and a reversible secondary barrel having…a hollow secondary interior between the third socket and the fourth socket (as in claims 7 and 16), because such a modification would require a substantial reconstruction (Note, substantial reconstruction would be needed to provide the combination of the hollow bore that extends completely through the handle along a longitudinal axis…, the reversible main barrel…having a hollow interior between the first socket and the second socket, wherein the reversible main barrel is insertable into the hollow bore of the body portion of the handle in either of two orientations to present the first socket or the second socket… and a reversible secondary barrel having…a hollow secondary interior between the third socket and the fourth socket), redesign of the elements shown in the primary reference that would change the basic principle under which the primary reference was designed to operate (i.e. providing bit holders [116] having non-hollow interiors [see solid portions between the bits in Figure 1]) and would require improper hindsight reasoning, especially since no teaching or suggestion has been found.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT J SCRUGGS whose telephone number is (571)272-8682. The examiner can normally be reached M-F 6-2.
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/ROBERT J SCRUGGS/Primary Examiner, Art Unit 3723