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 Rejections - 35 USC § 102
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
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Claim 21 is finally rejected under 35 U.S.C. 102(a(1) as being anticipated by Davis (1,379,536).
Davis discloses all of the limitations of claim 21, i.e., a ratcheting wrench assembly comprising:
a drive head 5 comprising a drive mechanism and an extension 3;
a handle 1 comprising one or more legs;
the drive head 5 pivotably connected to the handle by a fastener 4, the fastener extending through apertures of each of the one or more legs and an aperture of the extension Fig. 2, partially shown here; and
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the fastener 4 is a shank with a first end tail of the shank comprising threads, the threads extend a partial length of one aperture of the apertures of each of the one or more legs Fig. 2 wherein the threads of the fastener mate with threads on a surface of the one aperture of the apertures of each of the one or more legs receiving the first end of the shank Fig. 2; wherein an outside diameter of the shank is constant aside from the threads of the shank partial Fig. 2.
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.
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Claim(s) 1, 3-9 and 11-20 are finally rejected under 35 U.S.C. 103 as being unpatentable over Chang (7,743,685) in view of Davis.
Chang meets all of the limitations of claim 1, i.e., a ratcheting wrench assembly comprising:
a drive head comprising a drive mechanism and an extension 36, Fig. 3;
a handle 20 comprising two legs 22, 24;
the drive head pivotably connected to the handle by a fastener 40, the fastener extending through an aperture 221 of each of the two legs 221, 242, Fig. 3 and an aperture of the extension 362; and
the fastener comprising a shank with a first end RT end Fig. 4 of the shank comprising threads TS annotated Fig. 3, the threads extend a partial length of one aperture 242 of the apertures of each of the two legs 24 wherein the threads TS of the fastener mate with threads 244 on a surface of the one aperture 242 of the apertures of each of the two legs receiving the first end of the shank Fig. 4; wherein the fastener extends through the apertures of each of the two legs and the aperture of the extension, and the extension is positioned within a handle recess between the two legs Fig. 4;
wherein the one aperture of the apertures of each of the two legs receiving the first end of the shank further comprises a counterbore @ the lead line 246, Fig. 4 for receiving a section of the shank; except for an inside diameter of the apertures of each of the two legs are the same and constant aside from the threads on the surface the one aperture of the apertures of each of the two legs, due to enlarged head 223.
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Davis teaches a ratcheting wrench having apertures to couple a head to the bifurcated handle utilizing a fastener 4 that defines a constant diameter along its shank with a screw head that is flush with the shank Figs. 1 and 2 partially shown here. It would have been obvious to one of ordinary skill in the art, before the effective date of the invention, to modify the invention of Chang with the constant diameter shank as taught by Davis for a compact configuration, for ease of manufacturing and/or as an alternative means of coupling the head pivotally to the handle.
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[AltContent: arrow][AltContent: textbox (TS)]Regarding claim 4, , PA (prior art, Chang modified by Davis) meets the limitations, i.e., the ratcheting wrench assembly of claim 1 wherein the counterbore 246 is unthreaded counterbore 02:55 and the unthreaded counterbore is positioned adjacent the handle recess Fig. 4. Please note all reference characters and Figs. refer to the base reference unless otherwise noted.
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Regarding claim 5, PA meets the limitations, i.e., the ratcheting wrench assembly of claim 1 wherein the unthreaded counterbore 246 directly mates with or directly abuts an unthreaded surface of the shank 40 of the fastener within one aperture of the apertures of each of the two leg receiving the first end of the shank Fig. 4.
Regarding claim 6, PA meets the limitations, i.e., the ratcheting wrench assembly of claim 1 wherein an inside diameter of the unthreaded counterbore 246 is the same as an outside diameter of the shank of the fastener Fig. 4.
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Regarding claim 7, PA meets the limitations, i.e., the ratcheting wrench assembly of claim 1 wherein an outside diameter of the shank 40 is constant aside from the threads of the shank Fig. 3.
Regarding claim 9, PA meets the limitations, i.e., the ratcheting wrench assembly of claim 1 wherein the threads of the shank TS and the threads 244 on the surface of the aperture 242 do not extend a full length of the one aperture 24 of the apertures of each of the leg receiving the first end of the shank Fig. 4.
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Regarding claim 19, PA meets the limitations, i.e., the ratcheting wrench assembly of claim 1 wherein the fastener 40 further comprises a screw head not numbered for receiving a tool at a second end of the shank opposite the first end threaded end/TS of the shank 40, Fig. 3.
Regarding claim 20, PA meets the limitations, i.e., the ratcheting wrench assembly of claim 1 wherein the fastener 40 completely fills the aperture of each of the one or more legs 221 and 242 and the aperture 364 of the extension 36, Figs. 3 and 4.
Claims 10-18 are finally rejected under 35 U.S.C. 103 as being unpatentable over Davis in view of Chang.
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Davis meets all of the limitations of claim 10, as applied to claim 10, i.e., the ratcheting wrench assembly of claim 21 wherein the one aperture of the apertures of each of the one or more legs receiving the first end threaded end of the shank, except for an unthreaded counterbore for the first end for receiving an unthreaded section of the shank.
Chang teaches a retching wrench assembly having a pivotal head coupled to the handle via a fastener 40 having a threaded end 244 that is threaded into a threaded aperture 242 and wherein the threaded aperture has an unthreaded counter bore 246. It would have been obvious to one of ordinary skill in the art, before the effective date of the invention, to modify the invention of receiving threaded aperture of Davis with the smooth counter bore as taught by Chang for effectively avoiding the screw to be broken and strengthening the structure strength of the ratchet wrench. All reference characters and Figs. refer to the teaching reference, Chang, unless otherwise noted.
Regarding claim 11, PA meets the limitations, i.e., the ratcheting wrench assembly of claim 10 wherein the unthreaded counterbore 246 is positioned adjacent the extension of the drive head Fig. 4.
Regarding claim 12, PA meets the limitations, i.e., the ratcheting wrench assembly of claim 10 wherein the threads 246 of the surface of the aperture 24 have a smaller diameter than the unthreaded counterbore defined at least by the valleys.
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Regarding claim 13, PA meets the limitations, i.e., the ratcheting wrench assembly of claim 10 wherein the threads 244 of the surface of the aperture 242 and the threads TS of the shank are separated from the extension 36 of the drive head by the unthreaded counterbore 246.
Regarding claim 14, PA meets the limitations, i.e., the ratcheting wrench assembly of claim 10 wherein the unthreaded counterbore 246 directly mates with or directly abuts an unthreaded surface of the shank 40 of the fastener within the aperture 242 of the one of the one or more legs 24 receiving the first end TS of the shank 40.
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Regarding claim 15, PA meets the limitations, i.e., the ratcheting wrench assembly of claim 10 wherein an inside diameter of the unthreaded counterbore 246 is the same as an outside diameter of the shank of the fastener 40, Fig. 4.
Regarding claim 16, PA meets the limitations, i.e., the ratcheting wrench assembly of claim 10 wherein an outside diameter of the shank 40 is otherwise constant aside from the threads of the shank Fig. 3.
Regarding claim 17, PA meets the limitations, i.e., the ratcheting wrench assembly of claim 10 wherein an inside diameter of each of the apertures 242 of the one or more legs 24 are the same and constant aside from the threads 244 on the surface the aperture 242, Fig. 4. Note that claim 17 requires only one leg.
Regarding claim 18, PA meets the limitations, i.e., the ratcheting wrench assembly of claim 10 wherein the threads of the shank 40 and the threads 244 on the surface of the aperture 242 do not extend a full length of the aperture 242 of the leg of the one or more legs 24 receiving the first end of the shank 40, Fig. 4.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 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 nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 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 mailing date of this final action.
Response to Arguments
Applicant's arguments filed May 5, 2026 have been fully considered but they are not persuasive.
Applicant’s arguments regarding the enlarged head of Chang, constant diameter of the fastener and the apertures receiving the shank of the screw, are acknowledged, however this feature is shown and met by the combination of Chang and Davis or visa versa.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HADI SHAKERI whose telephone number is (571)272-4495. The fax phone number for forwarding unofficial documents for discussion purposes only is (571) 273-4495. The examiner can normally be reached on M-F.
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, Brian Keller can be reached on 571 272 8548. The fax number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Hadi Shakeri/
June 30, 2026 Primary Examiner, Art Unit 3723
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