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/Restrictions
Claims 12, 17 and 18 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected species, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on April 30, 2026.
Applicant’s election without traverse of Species E, Fig. 23 in the reply filed on April 30, 2026 is acknowledged. Claim 1 is also withdrawn, as being directed to a non-elected species, since the elected species of Fig. 23, does not describe or comprise a work area defining a square shoulder. Claim 3 is withdrawn, as being directed to a non-elected species, i.e., species B and C (elongated offset recess).
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 7-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 7 recites the limitation "a second gripping surface…wherein the first gripping surface includes a recess…" in line 11, rendering the claim indefinite, since the second gripping surface defines said recess.
The scope of claim 14 is not clear, since the claim depends on itself and it is not clear whether it were meant to be depending form the base claim 1 or claim 13.
Claim 14 recites the limitation "the adjacent one of the plurality of pivot centers" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 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.
Claims 2, 4 and 5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kuter-Arnebeck et al. (2020/0139515).
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Kuter-Arnebeck discloses all of the limitations of claim 2, i.e., an adjustable pliers comprising:
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a first plier half 102 and a second plier half 112, each including a central section @116 with a nose and a handle extending therefrom;
each central section being pivotably connected to one another by a pivot pin 110 attached to one of the plier halves and fitted for travel within a slot 120 defined within the other of the plier halves Fig. 1 partially shown here;
the slot comprising a plurality of pivot centers, including two non-adjacent terminal pivot centers and at least one intermediate pivot center Fig. 2 partially shown here, each pivot center being connected to at least one other pivot center by the slot to form a single pathway, whereby travel of the pivot pin between non-adjacent pivot centers requires travel through at least one of the at least one intermediate pivot centers;
wherein the first plier half 102 includes first gripping teeth 122, first gripping grooves defined by adjacent teeth 122, and a first gripping surface 126;
wherein the second plier half 112 includes second gripping teeth 124, second gripping grooves formed by adjacent teeth 124, and a second gripping surface 128;
wherein the first plier half 102 includes a first elongated recess formed by arced surface @122 positioned between the gripping grooves and the gripping surface Fig. 2, and the second plier half 112 includes a second elongated recess formed by arced surface @124 positioned between the gripping grooves and the gripping surface Fig. 2;
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wherein when the first and second plier halves are in a closed position, a primary aperture defined by elongated surfaces is formed between the gripping teeth 124 on 2the first plier half and the gripping teeth 124 on the second plier half; and
wherein a secondary aperture defined by 132 and 134 is formed between the elongated recess of the first plier half and the elongated recess of the second plier half Fig. 1 partially shown here.
[AltContent: arrow] Regarding claim 4, PA (prior art, Kuter-Arnebeck) meets the limitations, i.e., the adjustable pliers of claim 2, wherein a step annotated partial Fig. 2 extends from the first elongated recess.
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[AltContent: connector]
Regarding claim 5, PA meets the limitations, i.e., the adjustable pliers of claim 4, wherein an end of the step is aligned laterally with an outermost end of the second elongated recess annotated partial Fig. 3.
Claims 7-10, 13, 14 and 18-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bessac et al. (2020/0306935).
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Bessac discloses all of the limitations of claim 7, as best understood, i.e., an adjustable hand tool comprising:
a first tool half including a central section @116 extending between a tool nose @102 and a tool handle 12, wherein the central section includes a fixed pivot 116, Fig. 1;
a second tool half 112 including a central section @116 extending between a tool nose @104 and a tool handle 14, wherein the central section includes a slot having a plurality of pivot centers Fig. 1, and wherein the slot and plurality of pivot centers are sized to slideably engage the fixed pivot 116 thereby allowing travel along the slot 240;
[AltContent: arrow]a first gripping surface e.g., 512, Fig. 11 positioned at the tool nose of the first tool half, wherein the first gripping surface includes a stepped recess annotated here positioned between a fine grip section 514 and a coarse grip section 510;
a second gripping surface e.g., 810, Fig. 14 positioned at the tool nose of the second tool half, wherein the second gripping surface 810 includes a recess 812 positioned between a fine grip section 814 and a coarse grip section 810, wherein the
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recess is positioned substantially opposite to the stepped recess when the fixed pivot is engaged by the slot e.g., Fig. 17, partially shown here; and
wherein the stepped recess and the recess define an aperture when the fixed pivot is positioned at one of the plurality of pivot centers, and a step of the stepped recess and the recess define another aperture when the fixed pivot is positioned at an adjacent one of the plurality of pivot centers e.g., differently sized openings/apertures. Please note that while claims’ limitations are interpreted in view of the specification (e.g., stepped recess), limitations from specification are not read into the claims.
Regarding claim 8, PA meets the limitations, i.e., the adjustable hand tool of claim 7, wherein the first tool half and the second tool half extend along a longitudinal axis between the tool nose and the tool handle Fig. 17.
Regarding claim 9, PA meets the limitations, i.e., the adjustable hand tool of claim 8, wherein the stepped recess and the recess formed transverse to the longitudinal axis between the tool nose and the tool handle Fig. 17.
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Regarding claim 10, PA meets the limitations, i.e., the adjustable hand tool of claim 7, wherein the tool handle includes brake defied by machined outer surface, e.g., handle 12, Fig. 6 partially shown here.
Regarding claim 13, PA meets the limitations, i.e., the adjustable hand tool of claim 7, wherein the recess is positioned substantially opposite to and aligned with the stepped recess when the fixed pivot is positioned one of the plurality of pivot centers Fig. 17, partially shown above.
Regarding claim 14, PA meets the limitations, as best understood, i.e., the adjustable hand tool of claim 7, wherein the recess is positioned substantially opposite to and aligned with the step of the stepped recess when the fixed pivot is positioned at the adjacent one of the plurality of pivot centers Fig. 17 or when jaws opened.
Regarding claim 18, PA meets the limitations, i.e., the adjustable hand tool of claim 17, wherein the coarse grip 510, 810 section of the first gripping surface and the second gripping surface is a coarse serration Figs. 11 and 14.
Regarding claim 19, PA meets the limitations, i.e., the adjustable hand tool of claim 7, wherein the slot e.g., 840 having the plurality of pivot centers further includes two non-adjacent terminal pivot centers upper and lower and at least one intermediate pivot center @center, each pivot center being connected to at least one other pivot center by the slot to form a single pathway Fig. 14.
Regarding claim 20, PA meets the limitations, i.e., the adjustable hand tool of claim 19, wherein the single pathway allows travel of the pivot pin 116 between non-adjacent pivot centers via travel through at least one of the at least one intermediate pivot centers Fig. 14.
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 11, 15 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Bessac et al. in view of Gustafson et al. (2010/0031785).
Bessac et al. meets all of the limitations of claim 11, except for the plurality of pivot centers to specify an offset between two adjacent pivot centers defined as part of the plurality of pivot centers.
Bessac et al. meets all of the limitations of claim 15, except for the fixed pivot 116 to cooperate with a pivot pin nut to secure the first tool half to the second tool half
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Gustafson et al. teaches an adjustable pliers with positive pivot centers that are offset and wherein the fixed pivot cooperates with a pin nut to secure the halves.
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 Bessac with the offset pivot slot and pivot bolt and nut securing the halves, as taught by Gustafson to provide a positive tactile indication when the pin is properly seated in each pivot center and for a secure means of coupling the pliers handles.
Regarding claim 16, PA (prior art, Bessac modified by Gustafson) meets the limitations, i.e., the adjustable hand tool of claim 7, wherein the fixed pivot is a shoulder bolt Fig. 6.
Allowable Subject Matter
Claim 6 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.
Conclusion
Prior art made of record and not relied upon at this time, are considered pertinent to applicant’s disclosure. Lamond et al., le Duc and Beck are cited to show related inventions.
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/
August 7, 2026 Primary Examiner, Art Unit 3723
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