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 Objections
In claim 1 and 11, for all instances of “the receiver shaft” and “the engagement shaft”, consider, instead, using --the elongated receiver shaft--, and --the elongated engagement shaft-- for more consistent language. This will also make it more consistent with the dependent claims.
In claim 6 and 16, consider --wherein the elongated receiver shaft is hexagonal prism shaped.--.
In claim 7 and 17, consider --a handle collar and a locking collar that are both coupled to the elongated engagement shaft, wherein the elongated engagement shaft is received in the handle channel so that the handle is positioned between the handle collar and the locking collar--.
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) 1-4, 7, 11-14, 17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chan (US 9463559 B1).
With respect to claim 1, Chan discloses: A fastener manipulation device, the device comprising: a handle (80, fig. 1; col 3 lines 13-34) having:
i. an elongated handle shaft (the handle 81, fig. 1 is tubular in the middle; col 3 lines 13-34) ;
ii. a first guard coupled to the elongated handle shaft (first guard is of 83, fig. 1; and is shown assembled in fig. 5, for purpose of examination, it is the one in the left side of the figs 1 and 5; col 3 lines 13-34; and is a guard consistent with the instant disclosure in that it is a ring shaped protrusion off the handle shaft);
iii. an elongated handle channel that extends through the handle shaft and the first guard (handle shaft is tubular as in col 3 lines 13-34; and is shown with passage 811, fig. 1; col 3 lines 13-34; see cross section in fig. 5); and
a driver having:
i. an elongated receiver shaft (14, figs. 1 and 3; col 2 lines 23-34); and
ii. an elongated engagement shaft (10, fig. 1; col 2 lines 23-34),
wherein the elongated receiver shaft and the elongated engagement shaft are coupled together in a linear orientation (see fig. 1, and cross section of fig. 5; col 2 lines 23-34), wherein the receiver shaft comprises a receiver aperture which is disposed in an end of the receiver shaft that is most distal to the engagement shaft (shown at 14, in the embodiment of fig. 7 with a rectangular recess as an alternative to the hexagonal arrangement in fig. 5; col 3 lines 60-63; see also claims 1 and 4-5 of the reference publication for how this aspect is combined with the structure in figs 1, 3, and 5), wherein the engagement shaft comprises an engagement aperture which is disposed in an end of the engagement shaft that is most distal to the receiver shaft (71; fig. 5; col 3 lines 10-12), and wherein the engagement shaft is received in the handle channel to engage the handle to the driver so that the engagement shaft (as assembled in fig. 5, the engagement shaft 10 is located in channel 811 of handle; see exploded view in fig. 1), and therefore the driver, are able to be rotated relative to the handle (col 3 lines 15-20; and col 4 lines 9-20 describe the rotation aspect, the shaft 10 rotates with limited friction inside handle 80).
With respect to claim 2, Chan discloses the limitations of claim 1 above, and further discloses wherein the elongated engagement shaft is cylindrical in shape (see cylindrical shape in 10, fig. 1; col 2 lines 23-34).
With respect to claim 3, Chan discloses the limitations of claim 1 above, and further discloses wherein the elongated handle channel is cylindrical in shape (see cylindrical shape in handle 81, fig. 1 is tubular in the middle with cylindrical opening 811, fig. 1; col 3 lines 13-34).
With respect to claim 4, Chan discloses the limitations of claim 1 above, and further discloses wherein the receiver aperture is rectangular prism in shape (in the embodiment of fig. 7; the recess at 14, in fig. 7 is a rectangular recess; col 3 lines 60-63; and it extends inwards forming a rectangular prism).
With respect to claim 7, Chan discloses the limitations of claim 1 above, and further discloses comprising a handle collar (84 fig. 1; left side; col 3 lines 34-41) and a locking collar (84 fig. 1; right side; col 3 lines 34-41), that are both coupled to the engagement shaft (indirectly or directly though assembly; see fig. 4) wherein the engagement shaft is received in the handle channel (as assembled in fig. 5, the engagement shaft 10 is located in channel 811 of handle; see exploded view in fig. 1) so that the handle is positioned between the handle collar and the locking collar (the handle 80 is positioned, at least partially axially between the two collars as shown in fig. 5).
With respect to claim 11, Chan discloses: A fastener manipulation device, the device comprising: a handle (80, fig. 1; col 3 lines 13-34) having:
i. an elongated handle shaft (the handle 81, fig. 1 is tubular in the middle; col 3 lines 13-34) ;
ii. a first guard and a second guard that are both coupled to the elongated handle shaft (first guard is of 83, fig. 1; and is shown assembled in fig. 5, for purpose of examination, the first guard is the one in the left side of the figs 1 and 5; col 3 lines 13-34; similarly there is a second guard 83, on the right side of figs. 1 and 5; and both are guards consistent with the instant disclosure in that it is a ring shaped protrusion off the handle shaft);
iii. an elongated handle channel that extends through the handle shaft, the first guard, and the second guard (handle shaft is tubular as in col 3 lines 13-34; and is shown with passage 811, fig. 1; col 3 lines 13-34; see cross section in fig. 5); and
a driver having:
i. an elongated receiver shaft (14, figs. 1 and 3; col 2 lines 23-34); and
ii. an elongated engagement shaft (10, fig. 1; col 2 lines 23-34),
wherein the elongated receiver shaft and the elongated engagement shaft are coupled together in a linear orientation (see fig. 1, and cross section of fig. 5; col 2 lines 23-34), wherein the receiver shaft comprises a receiver aperture which is disposed in an end of the receiver shaft that is most distal to the engagement shaft (shown at 14, in the embodiment of fig. 7 with a rectangular recess as an alternative to the hexagonal arrangement in fig. 5; col 3 lines 60-63; see also claims 1 and 4-5 of the reference publication for how this aspect is combined with the structure in figs 1, 3, and 5), wherein the engagement shaft comprises an engagement aperture which is disposed in an end of the engagement shaft that is most distal to the receiver shaft (71; fig. 5; col 3 lines 10-12), and wherein the engagement shaft is received in the handle channel to engage the handle to the driver so that the engagement shaft (as assembled in fig. 5, the engagement shaft 10 is located in channel 811 of handle; see exploded view in fig. 1), and therefore the driver, are able to be rotated relative to the handle (col 3 lines 15-20; and col 4 lines 9-20 describe the rotation aspect, the shaft 10 rotates with limited friction inside handle 80).
With respect to claim 12, Chan discloses the limitations of claim 11 above, and further discloses wherein the elongated engagement shaft is cylindrical in shape (see cylindrical shape in 10, fig. 1; col 2 lines 23-34).
With respect to claim 13, Chan discloses the limitations of claim 11 above, and further discloses wherein the elongated handle channel is cylindrical in shape (see cylindrical shape in handle 81, fig. 1 is tubular in the middle with cylindrical opening 811, fig. 1; col 3 lines 13-34).
With respect to claim 14, Chan discloses the limitations of claim 11 above, and further discloses wherein the receiver aperture is rectangular prism in shape (in the embodiment of fig. 7; the recess at 14, in fig. 7 is a rectangular recess; col 3 lines 60-63; and it extends inwards forming a rectangular prism).
With respect to claim 17, Chan discloses the limitations of claim 11 above, and further discloses comprising a handle collar (84 fig. 1; left side; col 3 lines 34-41) and a locking collar (84 fig. 1; right side; col 3 lines 34-41), that are both coupled to the engagement shaft (indirectly or directly though assembly; see fig. 4) wherein the engagement shaft is received in the handle channel (as assembled in fig. 5, the engagement shaft 10 is located in channel 811 of handle; see exploded view in fig. 1) so that the handle is positioned between the handle collar and the locking collar (the handle 80 is positioned, at least partially axially between the two collars as shown in fig. 5).
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.
Claim(s) 5, 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chan (US 9463559 B1), and further in view of Eggert (US 20200331125 A1).
With respect to claim 5, Chan discloses the limitations of claim 1 above, and further discloses wherein the receiver aperture comprises a width dimension and a height dimension (the rectangular cross section of 14, in fig. 7 with a rectangular recess; col 3 lines 60-63 physically exists so it has a height and width, and is intended to connect with rectangular head of a socket, an extension rod or a connector), however does not explicitly disclose wherein the width dimension and the height dimension are each substantially half of an inch.
Eggert, in the same field of endeavor, related to tools, teaches of a head wherein the width dimension and the height dimension are each substantially half of an inch (an axial bore [opening/aperture] can have a ½ inch square [meaning both height and width] cross section to receive drive shaft or other receptacle/sockets [0026,0053]). Eggert teaches that this arrangement would be selected to adapt to different size and types of shafts ([0053]).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified Chan such that the receiver aperture is substantially half an inch in width and height, as taught by Eggert, as the dimension would be selected for adaptability to different size and types of shafts.
With respect to claim 15, Chan discloses the limitations of claim 11 above, and further discloses wherein the receiver aperture comprises a width dimension and a height dimension (the rectangular cross section of 14, in fig. 7 with a rectangular recess; col 3 lines 60-63 physically exists so it has a height and width, and is intended to connect with rectangular head of a socket, an extension rod or a connector), however does not explicitly disclose wherein the width dimension and the height dimension are each substantially half of an inch.
Eggert, in the same field of endeavor, related to tools, teaches of a head wherein the width dimension and the height dimension are each substantially half of an inch (an axial bore [opening/aperture] can have a ½ inch square [meaning both height and width] cross section to receive drive shaft or other receptacle/sockets [0026,0053]). Eggert teaches that this arraignment would be selected to adapt to different size and types of shafts ([0053]).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified Chan such that the receiver aperture is substantially half an inch in width and height, as taught by Eggert, as the dimension would be selected for adaptability to different size and types of shafts.
Claim(s) 6, 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chan (US 9463559 B1), and further in view of Lee (US 20020178874 A1).
With respect to claim 6, Chan discloses the limitations of claim 1 above, however does not explicitly disclose wherein the receiver shaft is hexagonal prism shaped. Chan, however provides for a rectangular prism aperture (Chan, in the embodiment of fig. 7; the recess at 14, in fig. 7 is a rectangular recess; col 3 lines 60-63; and it extends inwards forming a rectangular prism).
Lee, in the same field of endeavor, related to tools, discloses of a receiver shaft that has a rectangular prism aperture (24, fig. 3; [0015-0016]; examiner notes that squares are a special case of rectangles) with a hexagonal prism outer surface (21, figs. 2-3; [0016-0017]). Lee teaches that this arrangement allows clamping by a wrench ([0017]), which, in place of a circular cross section, allows use with more types of tools, and allows a wrench to assist with rotation ([0002]).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified Chan (the embodiment shown in fig. 7) such that the receiver shaft is hexagonal prism shaped, applying the teaching of Lee, to allow use with more types of tools, and with a wrench to assist with rotation.
With respect to claim 16, Chan discloses the limitations of claim 11 above, however does not explicitly disclose wherein the receiver shaft is hexagonal prism shaped. Chan, however provides for a rectangular prism aperture (Chan, in the embodiment of fig. 7; the recess at 14, in fig. 7 is a rectangular recess; col 3 lines 60-63; and it extends inwards forming a rectangular prism).
Lee, in the same field of endeavor, related to tools, discloses of a receiver shaft that has a rectangular prism aperture (24, fig. 3; [0015-0016]; examiner notes that squares are a special case of rectangles) with a hexagonal prism outer surface (21, figs. 2-3; [0016-0017]). Lee teaches that this arrangement allows clamping by a wrench ([0017]), which, in place of a circular cross section, allows use with more types of tools, and allows a wrench to assist with rotation ([0002]).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified Chan (the embodiment shown in fig. 7) such that the receiver shaft is hexagonal prism shaped, applying the teaching of Lee, to allow use with more types of tools, and with a wrench to assist with rotation.
Claim(s) 8-10, 18-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chan (US 9463559 B1), and further in view of Sanabria (US 20220161397 A1), and as evidenced by Peterson (US 1864466 A)
With respect to claim 8, Chan discloses the limitations of claim 1 above, however does not explicitly disclose wherein the engagement aperture has two planar walls that are opposingly positioned to each other. Chan, however teaches that the end at which the engagement aperture is provided is configured to extend a tool (Chan, at rectangular head 140; col 2 lines 22-34; see background in col 1 lines 10-26, referencing Peterson, which further evidences how the tool operates as an extension shaft in page 1 lines 1-14).
Sanabria, in the same field of endeavor, related to tools, teaches of a tool with a polygon shaped end (13, figs 1 and 3; [0013-0015], to connect to a chuck of a tool) and opposite end with an engagement aperture has two planar walls that are opposingly positioned to each other (aperture 15 with two parallel planar walls 16 and curved sides 17, fig. 1; [0014]). Sanabria, teaches that a track spike remover adaptor (10, fig. 2; [0014]) is received in the aperture ([0014]) and this tool is useful in removing dull track spikes from athletic footwear ([0003-0004]), and enables use with driven tools such as a drill to make it easy to remove the track spikes ([0007]).
It would have been obvious for one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified Chan, and have provided wherein the engagement aperture has two planar walls that are opposingly positioned to each other, as taught by Sanabria, to enable use with an adaptor that makes it easy to remove track spikes.
With respect to claim 9, Chan discloses the limitations of claim 1 above, however does not explicitly disclose has two curved walls that are opposingly positioned to each other. Chan, however teaches that the end at which the engagement aperture is provided is configured to extend a tool (Chan, at rectangular head 140; col 2 lines 22-34; see background in col 1 lines 10-26, referencing Peterson, which further evidences how the tool operates as an extension shaft in page 1 lines 1-14).
Sanabria, in the same field of endeavor, related to tools, teaches of a tool with a polygon shaped end (13, figs 1 and 3; [0013-0015], to connect to a chuck of a tool) and opposite end with an engagement aperture has two curved walls that are opposingly positioned to each other (aperture 15 with two parallel planar walls 16 and curved sides 17, fig. 1; [0014]). Sanabria, teaches that a track spike remover adaptor (10, fig. 2; [0014]) is received in the aperture ([0014]) and this tool is useful in removing dull track spikes from athletic footwear ([0003-0004]), and enables use with driven tools such as a drill to make it easy to remove the track spikes ([0007]).
It would have been obvious for one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified Chan, and have provided wherein the engagement aperture has two curved walls that are opposingly positioned to each other, as taught by Sanabria, to enable use with an adaptor that makes it easy to remove track spikes.
With respect to claim 10, Chan, as modified, teaches the limitations of claim 9 above, and further teaches wherein the two curved walls are curved away from each other (Sanabria, curved sides 17, fig. 1; [0014]).
With respect to claim 18, Chan discloses the limitations of claim 11 above, however does not explicitly disclose wherein the engagement aperture has two planar walls that are opposingly positioned to each other. Chan, however teaches that the end at which the engagement aperture is provided is configured to extend a tool (Chan, at rectangular head 140; col 2 lines 22-34; see background in col 1 lines 10-26, referencing Peterson, which further evidences how the tool operates as an extension shaft in page 1 lines 1-14).
Sanabria, in the same field of endeavor, related to tools, teaches of a tool with a polygon shaped end (13, figs 1 and 3; [0013-0015], to connect to a chuck of a tool) and opposite end with an engagement aperture has two planar walls that are opposingly positioned to each other (aperture 15 with two parallel planar walls 16 and curved sides 17, fig. 1; [0014]). Sanabria, teaches that a track spike remover adaptor (10, fig. 2; [0014]) is received in the aperture ([0014]) and this tool is useful in removing dull track spikes from athletic footwear ([0003-0004]), and enables use with driven tools such as a drill to make it easy to remove the track spikes ([0007]).
It would have been obvious for one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified Chan, and have provided wherein the engagement aperture has two planar walls that are opposingly positioned to each other, as taught by Sanabria, to enable use with an adaptor that makes it easy to remove track spikes.
With respect to claim 19, Chan discloses the limitations of claim 11 above, however does not explicitly disclose has two curved walls that are opposingly positioned to each other. Chan, however teaches that the end at which the engagement aperture is provided is configured to extend a tool (Chan, at rectangular head 140; col 2 lines 22-34; see background in col 1 lines 10-26, referencing Peterson, which further evidences how the tool operates as an extension shaft in page 1 lines 1-14).
Sanabria, in the same field of endeavor, related to tools, teaches of a tool with a polygon shaped end (13, figs 1 and 3; [0013-0015], to connect to a chuck of a tool) and opposite end with an engagement aperture has two curved walls that are opposingly positioned to each other (aperture 15 with two parallel planar walls 16 and curved sides 17, fig. 1; [0014]). Sanabria, teaches that a track spike remover adaptor (10, fig. 2; [0014]) is received in the aperture ([0014]) and this tool is useful in removing dull track spikes from athletic footwear ([0003-0004]), and enables use with driven tools such as a drill to make it easy to remove the track spikes ([0007]).
It would have been obvious for one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified Chan, and have provided wherein the engagement aperture has two curved walls that are opposingly positioned to each other, as taught by Sanabria, to enable use with an adaptor that makes it easy to remove track spikes.
With respect to claim 20, Chan, as modified, teaches the limitations of claim 19 above, and further teaches wherein the two curved walls are curved away from each other (Sanabria, curved sides 17, fig. 1; [0014]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Steven Huang whose telephone number is (571)272-6750. The examiner can normally be reached Monday to Thursday 6:30 am to 2:30 pm, Friday 6:30 am to 11:00 am (Eastern Time).
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, David Posigian can be reached at 313-446-6546. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/Steven Huang/Examiner, Art Unit 3723
/DAVID S POSIGIAN/Supervisory Patent Examiner, Art Unit 3723