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
Applicant’s election without traverse of Species 1 (Figures 1-10 and 30-31) in the reply filed on 01/22/2026 is acknowledged.
Furthermore, it is noted that there are claims that are drawn to non-elected species. The following claims are directed to the non-elected species:
Claim 11 (claims 12-14 depend on claim 11) has limitations directed to “wherein the recesses are each bordered by an inclined face on one side and a generally upright face on the other side, both extending from an outer periphery of the second member” which is drawn to Figures 26-29 and 32-36 (see specifically figure 29 element 37 (inclined face) and element 39 (generally upright surface) and see also page 030, paragraph 002 of the specification), therefore is drawn to the non-elected species of the ratchet mechanism of Species 6 (Figures 26-29 and 32-36);
Claim 18 has limitations directed to “wherein each of the recesses is provided therein with one pair of first drive transmission member and second drive transmission member and has opposing inclined faces for respectively contacting the first drive transmission member and the second drive transmission member; the second member further comprises an annular support provided at an end thereof, the annular support defining elongate through slots at locations thereof corresponding to the respective drive transmission members; the drive transmission members extend at one end into the elongate through slots; and the elongate through slots are inclined with respect to radial directions at angles equal to those of the respective inclined faces” which is drawn to Figures 12-15 (see specifically figure 13 element 1271 (elongated through slots) and see also page 22, paragraph 001 of the specification), therefore is drawn to the non-elected species of the ratchet mechanism of Species 3 (Figures 12-15);
Thus, claims 11-14 and 18 are withdrawn from consideration.
Status of Claims
The action is in reply to the Application filed on 12/11/2023. Claims 1-20 are currently pending. Claims 11-14 and 18 are withdrawn. Claims 1-10, 15-17, and 19-20 are being examined.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 12/11/2023 and 06/03/2024 have been received and considered by the examiner.
Claim Objections
Claims 1 and 19 are objected to because of the following informalities:
In claim 1, lines 5-6 and claim 19, lines 6-7 “the second member having at least two recesses arranged circumferentially around it” should be “the second member having at least two recesses arranged circumferentially around [[it]] the second member”
Appropriate correction is required.
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 3,8, and 19-20 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 3 recites the limitation "wherein a plurality of the first drive transmission members are partially engaged with the teeth" in lines 1-2. It is unclear how a plurality of the first drive transmission members are now partially engaged since at least one is fully engaged and the at least one is partially engaged which make up a plurality of the first drive transmission members as disclosed in claim 2 (claim 3 depends on claim 2). Is the applicant attempting to claim additional multiple new first drive transmission that are partially engaged or that the at least one of the first drive transmission being partially engaged is now at least two first drive transmission, thus rendering the claim indefinite. For examining purposes, the examiner is to interpret the following claim limitation in view of the specification (see page 014 paragraph 003) and figure 3 to be referring to the at least one of the first drive transmission members that is partially engaged with the teeth now being at least two first drive transmission members being partially engaged with the teeth.
Claim 8 recites the limitation “wherein a plurality of the second drive transmission members are partially engaged with the teeth” in lines 1-2. It is unclear how a plurality of the second drive transmission members are now partially engaged since at least one is fully engaged and the at least one is partially engaged which make up a plurality of the second drive transmission members as disclosed in claim 7 (claim 8 depends on claim 7). Is the applicant attempting to claim additional multiple new second drive transmission that are partially engaged or that the at least one of the first drive transmission being partially engaged is now at least two second drive transmission, thus rendering the claim indefinite. For examining purposes, the examiner is to interpret the following claim limitation in view of the specification (see page 016 paragraph 002) and figure 3 to be referring to the at least one of the second drive transmission members that is partially engaged with the teeth now being at least two second drive transmission members being partially engaged with the teeth.
Claim 19 recites the limitation “the first drive transmission members configured to be engaged with the teeth to transmit movement in a first direction between the first member and the second member, wherein when the first member rotates in the first direction relative to the first member” in lines 9-13. It is unclear how the first member can rotate relative to itself, thus rendering the claim indefinite. For examining purposes, the examiner is to interpret the following claim limitation in view of the specification (see page 011 paragraph 001) and figure 3, to be “wherein the second member rotates in the first direction relative to the first member”.
Claim 20 recites the limitation “the second drive transmission members are configured to be engaged with the teeth to transmit movement in a second direction between the first member and the second member, wherein when the first member rotates in the second direction relative to the first member, lines 4-8. It is unclear how the first member can rotate relative to itself, thus rendering the claim indefinite. For examining purposes, the examiner is to interpret the following claim limitation in view of the specification (see page 011 paragraph 001) and figure 3, to be “wherein the second member rotates in the first direction relative to the first member”.
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.
Claims 1-2, 4-7, 9-10, 15-17, and 19-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Odlum (US Patent No. 2395681).
Regarding claim 1, Odlum discloses: a ratchet wrench (Figures 1-10 and see also page 5, col. 2, ll. 7-26), comprising:
a handle (element 22);
a first member (element 23) having an annular surface (see figure 8 annotated below Detail A) provided thereon with a plurality of teeth (element 29) parallel to an axial direction (see figure 8 annotated below X-X axis) thereof;
a second member (elements 36/37) configured to rotate circumferentially with respect to the annular surface (see figures 6-7), the second member having at least two recesses (elements 53/54) arranged circumferentially around it (see figures 6-7); and
at least two first drive transmission members (elements 58/59) disposed in the respective recesses of the second member (see figures 6-7), each of the first drive transmission members comprising at least one ratchet tooth (elements 69/70 and see also page 6, col. 1, ll. 45-46), the first drive transmission members configured to be engaged with the teeth to transmit movement in a first direction (see figure 6 annotated below Detail B) between the first member and the second member (see figure 6 annotated below showing the teeth (elements 69/70) of the first drive transmission members (elements 58/59) engaging the plurality of teeth (element 29) in order to transmit movement between the first member and the second member in the first direction (clockwise) and see also page 6, col. 2, ll. 61-67), wherein each of the first drive transmission members is in a different engagement configuration with the teeth (see figure 6 annotated below showing at least one of the first drive transmission members (element 58) being fully engaged with the teeth (Box 1) and at least one of the first drive transmission members (element 59) being partially engaged with the teeth (Box 2), thus having different engagement configuration with the teeth),
wherein one of the first member and the second member is coupled to the handle and configured to be driven by the handle to rotate (see figures 6-7 and see also page 5, col. 2, ll. 10-22).
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Regarding claim 2, Odlum discloses: the ratchet wrench of claim 1, wherein at least one of the first drive transmission members is fully engaged with the teeth (see figure 6 annotated above showing at least one of the first drive transmission (element 58) members being fully engaged with the teeth (Box 1)); and at least one of the first drive transmission members is partially engaged with the teeth (see figure 6 annotated above showing at least one of the first drive transmission members (element 59) being partially engaged with the teeth (Box 2)).
Regarding claim 4, Odlum discloses: the ratchet wrench of claim 2, wherein at least one of the first drive transmission members is disengaged from the teeth (see figure 6 annotated above box 2 showing portions (teeth (element 70)) of element 59 (at least one of the first drive transmission members) not engaging portions of the teeth (element 29), thus being disengaged from the teeth).
Regarding claim 5, Odlum discloses: the ratchet wrench of claim 2, wherein the first drive transmission members are evenly distributed circumferentially around the first member (see figures 6-7).
Regarding claim 6, Odlum discloses: the ratchet wrench of claim 2, wherein the ratchet wrench further comprises
at least two second drive transmission members (elements 57/60) disposed in the respective recesses of the second member (see figures 6-7), each of the second drive transmission members comprising at least one ratchet tooth (elements 68/71 and see also page 6, col. 1, ll. 45-46), the second drive transmission members configured to be able to be engaged with the teeth to transmit movement in a second direction (see figure 6 annotated below Detail C) between the first member and the second member, wherein each of the second drive transmission members is in a different engagement configuration with the teeth (see figure 6 annotated below showing the teeth (elements 68/71) of the second drive transmission members (elements 57/60) engaging the plurality of teeth (element 29) in order to transmit movement between the first member and the second member in the second direction (counter-clockwise) and see also page 7, col. 1, ll. 1-9), wherein the second direction is opposite to the first direction (see annotated figure 7 below and see annotated figure 6 above), wherein when the first member and the second member move with respect to the first direction, the first drive transmission members are in a working state and the second drive transmission members are in a non-working state (see page 6, col. 2, ll. 61-67), and when the first member and the second member move with respect to the second direction, the second drive transmission members are in a working state and the first drive transmission members are in a non-working state (see page 7, col. 1, ll. 1-9).
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Regarding claim 7, Odlum discloses: the ratchet wrench of claim 6, wherein at least one of the second drive transmission members is fully engaged with the teeth (see figure 7 annotated above showing at least one of the second drive transmission (element 60) members being fully engaged with the teeth (Box 3)); and at least one of the second drive transmission members is partially engaged with the teeth (see figure 7 annotated above showing at least one of second first drive transmission members (element 57) being partially engaged with the teeth (Box 4)).
Regarding claim 9, Odlum discloses: the ratchet wrench of claim 7, wherein at least one of the second drive transmission members is disengaged from the teeth (see figure 7 annotated above box 4 showing portions (teeth (element 68)) of element 57 (at least one of the second drive transmission members) not engaging portions of the teeth (element 29), thus being disengaged from the teeth).
Regarding claim 10, Odlum discloses: the ratchet wrench of claim 7, wherein the second drive transmission members are evenly distributed circumferentially around the first member (see figures 6-7).
Regarding claim 15, Odlum discloses: the ratchet wrench of claim 6, wherein each of the recesses defines opposing a first opening (see figures 6-8 annotated below Detail A) and a second opening (see figures 6-8 annotated below Detail B) in a circumferential periphery (see figure 8 annotated below Detail C) of the second member and is provided therein with one pair of first drive transmission member and second drive transmission member (see figures 6-8 annotated below); ratchet tooth of each of the first drive transmission member extends out of the first opening (see figure 6 annotated below showing portions of the ratchet tooth (elements 69/70) of each of the first drive transmission member (elements 58/59) extends out of the first opening (Detail A)); and ratchet tooth of each of the second drive transmission member extends out of the second opening (see figure 7 annotated below showing portions of the ratchet tooth (elements 68/71) of each of the second drive transmission member (elements 57/60) extends out of the second opening (Detail B)).
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Regarding claim 16, Odlum discloses: the ratchet wrench of claim 15, wherein a resilient biasing element (elements 66/67) is disposed between the pair of first drive transmission member and second drive transmission member (see figures 6-7) .
Regarding claim 17, Odlum discloses: the ratchet wrench of claim 16, wherein the resilient biasing element is a coil spring (see figure 8 showing elements 66/67 as coil springs).
Regarding claim 19, Odlum discloses: a ratchet wrench (Figures 1-10 and see also page 5, col. 2, ll. 7-26), comprising:
a handle (element 22);
a first member (element 23) having an annular surface (see figure 8 annotated below Detail A) provided thereon with a plurality of teeth (element 29) parallel to an axial direction (see figure 8 annotated below X-X axis) thereof;
a second member (elements 36/37) configured to rotate circumferentially with respect to the annular surface (see figures 6-7), the second member having a plurality of recesses (elements 53/54) arranged circumferentially around it (see figures 6-7); and
a plurality of first drive transmission members (elements 58/59) each disposed in one of the plurality of recesses (see figures 6-7), each of the first drive transmission members comprising at least one ratchet tooth (elements 69/70 and see also page 6, col. 1, ll. 45-46), the first drive transmission members configured to be engaged with the teeth to transmit movement in a first direction (see figure 6 annotated below Detail B) between the first member and the second member, wherein when the second member rotates in the first direction relative to the first member (see figure 6 annotated below Detail B), at least one of the plurality of first drive transmission members is fully engaged with the teeth (see figure 6 annotated below showing at least one of the first drive transmission (element 58) members being fully engaged with the teeth (Box 1)), and the remaining plurality of first drive transmission members are partially engaged with the teeth (see figure 6 annotated below showing at least one of the first drive transmission members (element 59) being partially engaged with the teeth (Box 2)),
wherein one of the first member and the second member is coupled to the handle and configured to be driven by the handle to rotate (see figures 6-7 and see also page 5, col. 2, ll. 10-22).
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Regarding claim 20, Odlum discloses: the ratchet wrench of claim 19, wherein the ratchet wrench further comprises a plurality of second transmission members (elements 57/60); each of the plurality of first drive transmission members is disposed in one of the plurality of recesses (see figures 6-7);
each of the second drive transmission members comprises at least one ratchet tooth (elements 68/71 and see also page 6, col. 1, ll. 45-46);
the second drive transmission members are configured to be engaged with the teeth to transmit movement in a second direction (see figure 6 annotated below Detail C) between the first member and the second member, wherein when the first member rotates in the second direction relative to the first second member (see figure 6 annotated below Detail C), at least one of the plurality of second drive transmission members is fully engaged with the teeth (see figure 7 annotated below showing at least one of the second drive transmission (element 60) members being fully engaged with the teeth (Box 3)), and
the remaining plurality of second drive transmission members are partially engaged with the teeth (see figure 7 annotated below showing at least one of second first drive transmission members (element 57) being partially engaged with the teeth (Box 4)), and the second direction is opposite to the first direction (see annotated figure 7 below and see annotated figure 6 above).
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Allowable Subject Matter
Claims 3 and 8 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Claim 3 recites limitations related to the ratchet wrench, specifically “wherein a plurality of the first drive transmission members are partially engaged with the teeth, wherein the plurality of first drive transmission members partially engaged with the teeth are in different engagement configurations with the teeth” (see 112b rejection above, the claim limitation is been interpreted in light of the specification and drawings to be at least two first drive transmission members being partially engaged with the teeth).
Claim 8 recites limitations related to the ratchet wrench, specifically “wherein a plurality of the second drive transmission members are partially engaged with the teeth, wherein the plurality of second drive transmission members partially engaged with the teeth are in different engagement configurations with the teeth” (see 112b rejection above, the claim limitation is been interpreted in light of the specification and drawings to be at least two first drive transmission members being partially engaged with the teeth).
The prior art of Odlum discloses the ratchet wrench (Figures 1-10 and see also page 5, col. 2, ll. 7-26) comprising a plurality of first drive transmission members (elements 58/59) and a plurality of second transmission members (elements 57/60). However, the prior art only discloses one of the first/second drive transmission being partially engaged with the teeth while the other the first/second drive transmission being fully engaged with the teeth, thus does not discloses at least two (plurality) of the first and second drive transmission members being partially engaged with the teeth in different engagement configurations with the teeth.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALBERTO SAENZ whose telephone number is (313)446-6610. The examiner can normally be reached Monday-Friday 7:30-4:30PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Keller can be reached at (571) 272-8548. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/A.S./Examiner, Art Unit 3723
/ORLANDO E AVILES/Supervisory Patent Examiner, Art Unit 3736