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/Restriction
Applicant’s election of Invention I (claims 1-9 and 16-20) is acknowledged. Election was made without traverse in the reply filed on 03/04/2026. Claims 1-20 are pending. Claims 10-15 are withdrawn from further consideration under 37 C.F.R. § 1.142(b) as being drawn to a nonelected invention.
Information Disclosure Statement
The information disclosure statements filed on 11/17/2023 and 06/20/2024 do not include kind codes. To the extent the same document number has multiple versions (different kind codes), it is unknown which version was intended for submission.
Drawings
The drawings are objected to because the section lines 4-4, 8-8, and 9-9 do not accurately correspond to the sectional views of Figs. 4, 8, and 9. That is, the location of the section lines are in the wrong place (e.g., as evidenced by cutaway of element 26 in Figs. 8 and 9) and the arrows of the section lines are incorrectly pointed (assuming that Figs. 4, 8, and 9 represent the desired views) and are contrary to the conventional use of section lines. Sectional lines are typically used with a plan view perspective, and not with isometric views, which could lead to confusion. Examiner suggests the removal of section lines, and the specification should also be amended to reflect this change.
Corrected drawing sheets in compliance with 37 C.F.R. § 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” in compliance with 37 C.F.R. § 1.121(d). No new matter should be entered. If the changes are not accepted by the examiner, 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 (1) the first sentence is superfluous because it could be implied, and also contains a grammatical error; and (2) the second sentence refers to purported merits of the invention. Correction is required. MPEP § 608.01(b). No new matter should be entered.
Claim Objections
Claim 6 is objected to because of the following informalities:
“handle” (claim 6, line 3) should be changed to --the handle--.
Appropriate correction is required.
Claim Rejections – 35 U.S.C. § 112
The following is a quotation of 35 U.S.C. § 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. § 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 7 is rejected under 35 U.S.C. § 112(a) or 35 U.S.C. § 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contain subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. § 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 7 recites “the handle further comprising a cam extending away from the movable jaw”. Although this claim language is part of an original claim, this feature is not supported by the specification or the drawings. Instead, the drawings and specification describe “Cam 36 of handle 12 extends away from neck 42” (Spec. ¶ 0027), and not away from the movable jaw. The written description requirement is not necessarily met when the feature is merely recited in an original claim. Enzo Biochem, Inc. v. Gen-Probe, Inc., 323 F.3d 956, 968 (Fed. Cir. 2002) (“Even if a claim is supported by the specification, the language of the specification, to the extent possible, must describe the claimed invention so that one skilled in the art can recognize what is claimed. The appearance of mere indistinct words in a specification or a claim, even an original claim, does not necessarily satisfy that requirement.”); MPEP § 2163.03(V). For examination purposes, this limitation is interpreted as extending away from the neck.
Claim Rejections – 35 U.S.C. § 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.
Jenq-Shyong
Claims 1-2 and 16-17 are rejected under 35 U.S.C. § 102(a)(1) as being anticipated by US 4572037 A (“Jenq-Shyong”).
Regarding claim 1, Jenq-Shyong discloses an adjustable wrench (Figs. 1-4, adjustable wrench as shown) comprising:
a handle extending along a longitudinal axis (Figs. 1-4, handle 1, 2 extending along a longitudinal axis (axis runs left to right in view of Fig. 3));
a head comprising: a fixed jaw coupled to the handle, the fixed jaw comprising a first contact surface; and a moveable jaw slidably coupled to the handle (Figs. 1-4, head including fixed jaw 4 coupled to handle 1, 2 and having a first contact surface (flat surface near reference 4) and movable jaw 3 slidably coupled to handle 1, 2),
the moveable jaw comprising: a neck extending along the longitudinal axis and positioned within the handle; and a second contact surface, the second contact surface facing the first contact surface (Figs. 1-4, movable jaw 3 has neck (forward portion of element 31) extending along the longitudinal axis and within the handle 1, 2, and having a second contact surface (flat surface near reference 32) facing the first contact surface);
an adjustment mechanism (Figs. 1-4, the adjustment mechanism including the elements below) comprising:
a neck slider extending along the longitudinal axis and facing the neck (Figs. 1-4, neck slider (rear portion of element 31 with teeth 35) extends along the longitudinal axis and faces the neck (forward portion of element 31 without teeth));
a switching device comprising an engagement arm, the engagement arm configured to engage the neck slider (Figs. 1-4, switching device including engagement arm 26 that engages the neck slider);
and a biasing member extending between and coupling the handle to the moveable jaw, the biasing member biasing the moveable jaw toward the handle (Figs. 1-4, biasing member 34 biases the movable jaw 3 towards handle 1, 2);
wherein the head is adjustable between a closed position in which the moveable jaw is engaged with the fixed jaw and an open position in which the moveable jaw is spaced a distance from the fixed jaw (Figs. 1-4, the head is adjustable between closed and open positions as recited).
Regarding claim 2, Jenq-Shyong discloses the adjustable wrench of claim 1 as applied above and further discloses wherein the biasing member provides a closing force on the moveable jaw such that the moveable jaw is pulled toward the fixed jaw (Figs. 1-4, biasing member 34 biases the movable jaw 3 towards handle 1, 2 and provides a closing force as recited).
Regarding claim 16, Jenq-Shyong discloses an adjustable wrench (Figs. 1-4, adjustable wrench as shown) comprising:
a handle extending along a longitudinal axis (Figs. 1-4, handle 1, 2 extending along a longitudinal axis (axis runs left to right in view of Fig. 3));
a head comprising: a fixed jaw coupled to the handle, the fixed jaw comprising a first contact surface; and a moveable jaw slidably coupled to the handle (Figs. 1-4, head including fixed jaw 4 coupled to handle 1, 2 and having a first contact surface (flat surface near reference 4) and movable jaw 3 slidably coupled to handle 1, 2),
the moveable jaw comprising: a neck extending along the longitudinal axis and positioned within the handle; and a second contact surface, the second contact surface facing the first contact surface (Figs. 1-4, movable jaw 3 has neck (forward portion of element 31) extending along the longitudinal axis and within the handle 1, 2, and having a second contact surface (flat surface near reference 32) facing the first contact surface);
an adjustment mechanism (Figs. 1-4, the adjustment mechanism including the elements below) comprising:
a neck slider extending along the longitudinal axis and engaged with the neck (Figs. 1-4, neck slider (rear portion of element 31 with teeth 35) extends along the longitudinal axis and engages (is connected to) the neck (forward portion of element 31 without teeth));
a switching device comprising an engagement arm, the engagement arm configured to engage the neck slider (Figs. 1-4, switching device including engagement arm 26 that engages the neck slider);
and a biasing member extending between and coupling the handle to the moveable jaw (Figs. 1-4, biasing member 34 biases the movable jaw 3 towards handle 1, 2);
wherein, when the switching device is engaged by a user and moved toward the head, the engagement arm pushes the neck slider toward the head, moving the moveable jaw away from the handle (Figs. 1-4, when switching device (engagement arm 26) is moved towards the head, the movable jaw 3 is moved away from handle 1, 2).
Regarding claim 17, Jenq-Shyong discloses the adjustable wrench of claim 16 as applied above and further discloses wherein, when the switching device is released, the biasing member exerts a closing force on the moveable jaw such that the moveable jaw is pulled toward the fixed jaw (Figs. 1-4, biasing member 34 biases the movable jaw 3 towards handle 1, 2 and provides a closing force as recited when the switching device 26 is released).
Cook
Claims 1 and 9 are rejected under 35 U.S.C. § 102(a)(1) as being anticipated by US 0464751 A (“Cook”).
Regarding claim 1, Cook discloses an adjustable wrench (Figs. 1-3, adjustable wrench as shown) comprising:
a handle extending along a longitudinal axis (Figs. 1-3, handle B’ extending along a longitudinal axis (from reference C to reference h);
a head comprising: a fixed jaw coupled to the handle, the fixed jaw comprising a first contact surface; and a moveable jaw slidably coupled to the handle (Figs. 1-3, head including fixed jaw B coupled to handle B’ and having a first contact surface (flat surface near reference b’) and movable jaw A slidably coupled to handle B’),
the moveable jaw comprising: a neck extending along the longitudinal axis and positioned within the handle; and a second contact surface, the second contact surface facing the first contact surface (Figs. 1-3, movable jaw A has neck a extending along the longitudinal axis and within the handle B’ (see Fig. 2), and having a second contact surface (flat surface of movable jaw A) facing the first contact surface);
an adjustment mechanism (Figs. 1-3, the adjustment mechanism including the elements below) comprising:
a neck slider extending along the longitudinal axis and facing the neck (Figs. 1-3, neck slider portion of element a (e.g., the portion of element a that has teeth)) faces neck a (portion without teeth));
a switching device comprising an engagement arm, the engagement arm configured to engage the neck slider (Figs. 1-3, switching device including engagement arm D that engages the neck slider);
and a biasing member extending between and coupling the handle to the moveable jaw, the biasing member biasing the moveable jaw toward the handle (Figs. 1-3, biasing member C biases the movable jaw A towards handle B’);
wherein the head is adjustable between a closed position in which the moveable jaw is engaged with the fixed jaw and an open position in which the moveable jaw is spaced a distance from the fixed jaw (Figs. 1-3, the head is adjustable between closed and open positions as recited).
Regarding claim 9, Cook discloses the adjustable wrench of claim 1 as applied above and further discloses wherein the handle is a single, integral component (Figs. 1-3, handle B’ is a single, integral component).
Claim Rejections – 35 U.S.C. § 103
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 C.F.R. § 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.
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.
Jenq-Shyong in view of Cook
Claims 7-9 are rejected under 35 U.S.C. § 103 as being unpatentable over US 4572037 A (“Jenq-Shyong”) in view of US 0464751 A (“Cook”).
Jenq-Shyong pertains to an adjustable wrench (Abstr.; Figs. 1-4). Cook pertains to an adjustable wrench (Figs. 1-6). These references are in the same field of endeavor.
Regarding claim 7, Jenq-Shyong discloses the adjustable wrench of claim 1 as applied above. Jenq-Shyong does not explicitly disclose the handle further comprising a cam extending away from the moveable jaw and the fixed jaw further comprising a recess shaped to receive the cam. However, the Jenq-Shyong/Cook combination makes obvious this claim.
Cook discloses the handle further comprising a cam extending away from the moveable jaw and the fixed jaw further comprising a recess shaped to receive the cam (Fig. 4, cam (near reference b) of handle B’ extends away from the neck a, and the fixed jaw B has a recess shaped to receive the cam; see § 112(a) rejection for interpretation).
It would have been obvious to one of ordinary skill in the art before the effective filing date of this application to combine the teachings of Cook with Jenq-Shyong by modifying the jaw/cam arrangement (elements 4, 41) such that the cam 41 is part of the handle (element 2) instead of part of the jaw 4, and modifying jaw 4 to have a recess to accept the cam 41), as taught by Cook (where the cam is part of the handle B’ and the recess resides in the jaw B). This would have been obvious to a person of ordinary skill in the art because this is a reversal of parts; the specification and evidence of record fail to attribute any significance (novel or unexpected results) to any particular arrangement of those features. In re Gazda, 219 F.2d 449, 451, 452, n.1 (CCPA 1955) (“to reverse the operation of the relatively moving parts...would not amount to invention, mere reversal of such movement being an obvious expedient”); MPEP § 2144.04(VI)(A).
Regarding claim 8, the Jenq-Shyong/Cook combination makes obvious the adjustable wrench of claim 7 as applied above. As modified by the Jenq-Shyong/Cook combination, the limitation “wherein the cam applies a force on the fixed jaw when a torque is applied to a workpiece” is satisfied (Jenq-Shyong Figs. 1-4, 2:67-3:10, the cam 41 applies a force on the fixed jaw 4 when torque is applied to the workpiece via handle 1).
Allowable Subject Matter
Claims 3 and 18 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.
As allowable subject matter has been indicated, Applicant’s reply must either comply with all formal requirements or specifically traverse each requirement not complied with. 37 C.F.R. § 1.111(b) and MPEP § 707.07(a).
The following is Examiner’s statement of reasons for allowance:
The closest prior art of record is US 4572037 A (“Jenq-Shyong”).
Regarding claim 3, Jenq-Shyong discloses the adjustable wrench of claim 1 as applied above and further discloses adjustment mechanism further comprising a locking mechanism (Figs. 1-4, locking mechanism including elements 51 and 53).
Jenq-Shyong does not explicitly disclose:
the locking mechanism comprising: a release button extending through the neck of the moveable jaw, the neck slider, and the handle.
The prior art of record discloses this limitation in piecemeal. For example, US 0778704 A (“Phelan”) discloses the locking mechanism comprising: a release button extending through the neck of the moveable jaw, the neck slider (Fig. 1, locking mechanism comprising release button 15 extending through a neck 14 of the movable jaw and neck slider 3); and US 1088203 A (“Bronosky”) discloses the locking mechanism comprising: a release button extending through...the handle (Figs. 1-2, release button 16, 17 extends through the handle 10). However, these prior art teachings appear incompatible with the disclosed device of Jenq-Shyong, and one of ordinary skill in the art before the effective filing date of this application would not have modified Jenq-Shyong to implement claim 3.
In view of the prior art of record and its deficiencies, Applicant’s invention is novel, non-obvious, and allowable as claimed. Claims 4-6 are allowable for depending from claim 3 (subject to correcting any objections).
Regarding claim 18, Jenq-Shyong discloses the adjustable wrench of claim 16 as applied above and further discloses wherein the neck slider comprises a second plurality of teeth (Figs. 1-4, neck slider (rear portion of element 31) has teeth 35).
Jenq-Shyong does not explicitly disclose: wherein the neck comprises a first plurality of teeth facing the neck slider and the neck slider comprises a second plurality of teeth facing the neck.
US 2397239 (“Brown”) discloses wherein the neck comprises a first plurality of teeth facing the neck slider and the neck slider comprises a second plurality of teeth facing the neck (Figs. 1-2, neck 13 has first plurality of teeth 15 facing the second plurality of teeth 10 of neck slider 7). However, this teaching appears incompatible with the disclosed device of Jenq-Shyong, and one of ordinary skill in the art before the effective filing date of this application would not have modified Jenq-Shyong to implement claim 18. In view of the prior art of record and its deficiencies, Applicant’s invention is novel, non-obvious, and allowable as claimed. Claims 19-20 are allowable for depending from claim 18.
Status of Claims
Claims 1-20 are pending. Claims 10-15 have been withdrawn from further consideration under 37 C.F.R. § 1.142(b) as being drawn to a nonelected invention. Claims 1-2, 7-9, and 16-17 are rejected. Claims 3-6 and 18-20 are objected to.
Conclusion
The prior art made of record on Form PTO-892 and not relied upon is considered pertinent to Applicant’s disclosure because the references pertain to wrenches having similar features as to the claimed invention, including various jaw locking and adjustment mechanisms.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KENT N SHUM whose telephone number is (703)756-1435. The examiner can normally be reached 1230-2230 EASTERN TIME M-TH.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, MONICA S CARTER can be reached at (571)272-4475. The fax phone number for the organization where this application or proceeding is assigned is (571)273-8300.
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/KENT N SHUM/Examiner, Art Unit 3723
/MONICA S CARTER/Supervisory Patent Examiner, Art Unit 3723
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