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 .
Double Patenting
Examiner is aware of Applicant’s copending applications: 18/537,352, titled “ELECTRIC WRENCH WITH BUILT-IN BATTERY”; and 18/537,359, titled “ELECTRIC RATCHET WRENCH”. These applications have pending claims directed to similar subject matter. Currently, the claims in this application and the copending applications are sufficiently delineated and are patentably distinct. Accordingly, a statutory double patenting rejection under 35 U.S.C. § 101 or a nonstatutory double patenting rejection is not appropriate at this time, but may be applied should the claims of this application and/or the copending applications be amended such that the claims of this application are no longer patentably distinct from the claims of the copending applications. MPEP § 804.
Applicant is advised of its duty of disclosure, candor, and good faith to identify its own copending applications and patents that disclose similar subject matter, as well as prior art and other information from the prosecution of its own copending applications and patents, that are material to the patentability (including double patenting) of this application. MPEP §§ 2001.04, 2001.05, 2001.06, 2001.06(a)-(e).
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.
Hsu in view of Santangelo
Claims 1-3 are rejected under 35 U.S.C. § 103 as being unpatentable over US 20210122016 A1 (“Hsu”) in view of US 9993911 B1 (“Santangelo”).
Hsu pertains to an electric torque wrench (Abstr.; Figs. 1-10). Santangelo pertains to an electric wrench (Abstr.; Figs. 1-9). These references are in the same field of endeavor.
Regarding claim 1, Hsu discloses a discloses an electric torque wrench (Abstr.; Figs. 1-10, electric torque wrench 10) comprising:
a ratchet head unit (Figs. 1-10, ratchet head unit 60);
a wrench body unit connected to said ratchet head unit, and having a rear end that is opposite to said ratchet head unit along a first axis (Figs. 1-10, wrench body unit 20 connected to ratchet head unit 60 opposite the rear end (right-side end of Fig. 2), center axis (“first axis”) shown in Fig. 2 (near element 411));
a drive output unit including a ratchet head driver that is mounted on said ratchet head unit, that extends along a second axis transverse to the first axis, and that is configured to rotate in a selected direction and output rotational energy (Figs. 1-10; ¶ 0035, drive output unit including ratchet head driver 61 is mounted on ratchet head unit 60 and extends along axis C having the recited function);
an electric motor unit mounted in said wrench body unit, and including an electric motor that is configured to drive rotation of said ratchet head driver in the selected direction, said electric motor and said rear end cooperatively defining an accommodation space that extends along the first axis (Figs. 1-10, electric motor unit including electric motor 30 mounted in wrench body unit 20 having the recited function, the electric motor 30 and rear end define an accommodation space extending along the center axis and inside the wrench body unit 20);
a strain sensor unit mounted in said wrench body unit, extending in said accommodation space, and configured to output a torque reading of an external force that acts on said wrench body unit (Figs. 1-10; ¶¶ 0034, 0037-0038, 0041, strain sensor unit (including elements 421 and 50) mounted in wrench body unit 20 extending in the accommodation space, having the recited function);
and a control unit mounted in said wrench body unit, and including a display module that is for displaying the torque reading outputted by said strain sensor unit, a control module that is signally connected to said electric motor unit, said strain sensor unit, and said display module, and a battery module that is electrically connected to said control module, and that is for providing electric energy to said electric motor unit and said display module (Figs. 1-10; ¶¶ 0032, 0037-0038, control unit 23, which includes display module (at reference 23 in Fig. 2) and a control module, is mounted in wrench body unit 20, and has the recited functions and connections, battery (at right end of Fig. 2) connected to the control module and having the recited functions),
wherein said strain sensor unit includes a strain shaft that extends along the first axis, that is in contact with said wrench body unit, and that has a strain detection surface, said strain shaft and said wrench body unit being configured to receive the external force acting on said wrench body unit (Figs. 2-6; strain shaft 42/421 extends along the center axis and has strain detection surface 422 and is in contact with the outer housing of the wrench body unit 20 (via elements 424, screws (near references 424 (Fig. 5) and 31 (Fig. 4)), and other components internal to the wrench body unit 20 (e.g., element 62 (Fig. 5) and mount for motor 30 (Fig. 5)) interposed between strain shaft 42/421 and the wrench body unit 20), the strain shaft 42/421 and wrench body unit 20 are capable of receiving the external force acting on the wrench body unit);
and wherein said strain sensor unit further includes a strain gauge that is connected to said strain detection surface of said strain shaft, and that is for outputting the torque reading of the external force acting on said wrench body unit (Figs. 2-4; ¶¶ 0034, 0037-0038, 0041, strain gauge 50 is connected to strain detection surface 422 and is capable of the recited function).
Hsu does not explicitly disclose said strain sensor unit being located between said electric motor and said battery module. However, the Hsu/Santangelo combination makes obvious this claim.
Santangelo discloses said strain sensor unit being located between said electric motor and said battery module (Fig. 1; 2:25-67, 5:37-46, torque sensor Z is located in the wrench body unit A between electric motor D and battery B).
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 Santangelo with Hsu by rearranging (i.e., switching) the placement of the electric motor and strain sensor unit, as taught by the arrangement of Santangelo, where the electric motor is closer to the tool head than the strain sensor unit (and the strain sensor unit is located between the electric motor and battery). This would have been obvious to a person of ordinary skill in the art because having the electric motor 30 closer to the tool head would simplify the necessary transmission components to accommodate for an electric motor that is further away (e.g., reduce the size of and/or eliminate transmission components 31, 41, 411 of Hsu), thereby reducing transmission losses from the electric motor to the tool head and improving the battery life of the tool. Further, the specification and evidence of record fail to attribute any significance (novel or unexpected results) to any particular arrangement of the electric motor and the strain sensor unit. In re Kuhle, 526 F.2d 553, 555 (CCPA 1975); MPEP § 2144.04(VI)(C).
Regarding claim 3, the Hsu/Santangelo combination makes obvious the electric torque wrench of claim 1 as applied above. Hsu further discloses:
wherein:
said strain shaft further has a first end and a second end that are opposite to each other, and that are respectively proximate to and distal from said rear end of said wrench body unit (Figs. 2-4, strain shaft 42/421 has first end (towards reference 42 in Fig. 3) and a second end (towards reference 423 in Fig. 3);
and said wrench body unit includes a handle that surrounds the first axis and that has said rear end (Figs. 1-10, handle (at reference 20 of Fig. 1) surrounds the center axis and has the rear end (right-side end of Fig. 1),
and a moment arm sleeve that is sleeved on said first end of said strain shaft and that is sandwiched between said first end and said handle (Figs. 1-10, “moment arm sleeve” is sleeved to the first end of strain shaft 42/421 and between the first end and handle 20, see annotated Fig. 5 below).
[AltContent: textbox (Second end of strain shaft 42/421)][AltContent: arrow][AltContent: arrow][AltContent: textbox (“Connection sleeve”)][AltContent: textbox (First end of strain shaft 42/421)][AltContent: arrow][AltContent: textbox (Handle)][AltContent: arrow][AltContent: arrow][AltContent: textbox (“Moment arm sleeve”)]
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Hsu Fig. 5 (annotated)
Allowable Subject Matter
Claim 4 is 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).
Examiner’s statement of reasons for claim 4 is in the 04/21/2026 Office Action.
Claims 6-11 are allowable for depending from claim 4.
Response to Amendment
Applicant’s Amendment and remarks have been considered.
Claims – Claims 1 and 3-11 are pending. Claim 5 has been withdrawn from further consideration under 37 C.F.R. § 1.142(b) as being drawn to a nonelected invention.
Claims 1 and 3 are rejected. Claims 4 and 6-11 are objected to.
Response to Arguments
Applicant’s arguments have been fully considered but are not persuasive. Regarding Applicant’s argument (Reply at 6-7) that Hsu fails to disclose the limitation “wherein said strain sensor unit includes a strain shaft that extends along the first axis, that is in contact with said wrench body unit”, Applicant improperly relies on limitations that are not recited in rejected claim 2. Claim 2 does not require direct contact between the “strain shaft” and the “wrench body unit” without any interposed components. Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. In re Van Geuns, 988 F.2d 1181, 1184 (Fed. Cir. 1993); MPEP § 2145(VI).
Applicant does not present any further arguments concerning the remaining claims.
Conclusion
THIS ACTION IS MADE FINAL. MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 C.F.R. § 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 C.F.R. § 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the date of this final action.
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.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, Applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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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