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 .
Response to Amendment
The response filed 03/30/2026 have been entered. Accordingly, claims 1-13 are currently pending and have been examined. The previous 103 rejections have been maintained and for the reason(s) set forth below, applicant’s arguments have not been found persuasive. The action is Final.
Claim Rejections - 35 USC § 103
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 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 1-5 are rejected under 35 U.S.C. 103 as being unpatentable over Achterberg (US Pub. No. 2022/0266439) in view of Wise (US Patent No. 7,823,486) and Silha (US Pub. No. 2018/0071901).
Regarding claim 1, Achterberg discloses: an electric wrench (Figures 1-23 element 10 and see also paragraph 0073) comprising:
a tool head unit (see figure 11 annotated below Detail A);
a wrench body unit (elements 60/120 and see also figure 11 annotated below Detail B) connected to said tool head unit (see figure 3 and figure 11 annotated below), and defining an accommodating space (see paragraph 0079 where the prior art discloses element 120 (portion of wrench body unit) is “a cylindrically hollow tube” (see also figure 5), see also figure 23 showing element 60 having a space that accommodates other components of the wrench, and see also figure 11 annotated below showing the portion (Detail B) of the wrench body unit having a space in order to accept the insertion of element 55 when assembled (see figures 10-13)) that extends along a first axis (see figure 14 annotated below X-X axis);
an output unit (see figure 11 annotated below Detail C) including a head driver (element 210) that is mounted to said tool head unit (see figure 11), that extends along a second axis (see figure 14 annotated below Y-Y axis) being transverse to the first axis (see figure 14 annotated below), and that is configured to rotate in a selected direction and output rotational energy (See paragraph 0088 where the prior art discloses element 210 (head driver and portion of output unit) is “powered” in order to drive element 210 to “tighten or loosen bolts or perform other work” which is well known in the art to rotate in order to performed tightening/loosing, thus the output unit is capable of rotating in a selected direction and output rotational energy, as recited.);
a handle unit (element 101) connected to said wrench body unit (see figure 5) and being opposite to said tool head unit along the first axis (see figures 3-5);
an electric unit (element 40 and see paragraph 0090 where the prior art discloses element 40 as “a brushless DC motor”) mounted in said accommodating space, being proximate to said tool head unit (see figures 11-13), and operable for driving rotation of said head driver (see paragraph 0088);
and a control unit (see paragraph 0083 where the prior art discloses having “a printed circuit board (PCB)” with “a battery cell” and also including “a controller”) mounted on said wrench body unit (see figures 11-13 showing the components of the control unit operably mounted on a portion of the wrench body unit (element 120)), and
a control module (element 25) that is disposed in said accommodating space (see figure 13), and
a battery module (element 20 and see also paragraph 0083) that is disposed in said accommodating space between said electric unit and said handle unit (see figures 11-14), that is electrically connected to said control module (see paragraph 0083), and that has at least one battery (see figure 6 showing at least one battery (element 20)) configured to provide electric energy to said electric unit (see paragraph 0086);
wherein said electric unit, said battery module and said handle unit are arranged along the first axis (see figures 11 and annotated below).
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Furthermore, Achterberg discloses utilizing the wrench in order to provide significant torque to a bolt without overly bending or breaking (see paragraph 0081). However, Achterberg appears to be silent wherein the control unit includes a display that is configured to display an output value, said control module is signally connected to said electric unit and said display, and wherein the battery module is configured to electric energy to said display.
Wise is also concern in providing a wrench (Figures 1-7 and see also col. 3, ll. 14-16) in to provide a torque (see col. 4, ll. 41-43), wherein the wrench comprises a tool head unit (element 40) a wrench body unit (element 22) having an accommodating space (see figure 5 showing the phantom lines of element 24 being accommodated in a space within the body unit), a head driver (element 46), an electric unit (element 92 and see also col. 3, ll. 53), and a controller unit (Figure 7 element 130). Wise further teaches a display (element 60 and see also col. 4, ll. 15-17 where the prior art discloses element 60 includes “a display” element 64) that is configured to display an output value (see col. 4, ll. 11-14 where the prior art discloses element 60 “displays a level of currently applied torque” (output value)), a control module (element 134 and see also col. 5, ll. 52-55 where the prior art discloses a processer (element 134) being “a microcontroller”) that is signally connected to said electric unit and said display (see figure 7 and see also col. 5, ll. 60-61).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Achterberg to incorporate the teachings of Wise to provide wherein the control unit includes a display that is configured to display an output value, a control module that is signally connected to said electric unit and said display. The resultant combination would have the display and control module of Wise now disposed in the accommodating space of Achterberg. One of ordinary skill in the art would recognize that providing a control module with a display would necessarily provide additional performance data and feedback would necessarily allow for better and more thorough analysis of tool performance to be performed.
However, Achterberg modified appears silent wherein the battery module is configured to electric energy to said display.
Silha is also concern in providing a wrench (Figures 1-18 and see also paragraph 0029) comprising a tool head unit (element 14), a wrench body unit (element 12) a head driver (element 102), a display (element 146 and see also paragraph 0042), and a battery module (element 16/1010 and see also paragraph 0047). Silha further teaches wherein the battery module is configured to electric energy to said display (see figure 15 and see also claim 25).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Achterberg to incorporate the teachings of Silha to provide wherein the battery module is configured to electric energy to said display. One of ordinary skill in the art would recognize that providing a known power source battery electrically connected to the claimed display would necessarily provide the predictable result of powering the display in order to show output data and allow the user to view said data, thus enhancing the capabilities of the wrench.
Regarding claim 2, Achterberg modified discloses: the electric wrench as claimed in claim 1, wherein said wrench body unit includes: a first shell member (elements 60/120) connected to said tool head unit (see figure 11 annotated below); and a second shell member (see figure see figure 11 annotated below Detail A) sleeved on said first shell member (see annotated figures 11-12 showing the assembly of the wrench and showing the first shell member (Detail A) being sleeved via a portion of the second shell member (element 60)).
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Regarding claim 3, Achterberg modified discloses: the electric wrench as claimed in claim 2, wherein said electric unit includes: an electric motor (see paragraph 0090 where the prior art discloses element 40 as “a brushless DC motor” which is well known in the art to be an electric motor) mounted in said first shell member (see figures 11-12 showing the electric motor (element 40) being operably mounted in said first shell (element 60) via element 50) and operable for converting electric energy to kinetic energy (See paragraph 0088 where the prior art discloses that “power” is provided by element 20 (battery module) to element 40 (electric motor) and rotary motion is produced, thus giving that the prior art disclose the electric motor and there is no structural difference or additional structure provided. Therefore, the prior art would be capable of having the electric motor be operable for converting electric energy to kinetic energy, as recited.); and a transmission subunit (elements 50/55) disposed between said head driver and said electric motor (see figures 10-12), and being configured to transmit kinetic energy to said head driver (See paragraph 0088 where the prior art discloses that a “rotary motion” of the motor output shaft (element 41) is transferred to element 55 (portion of transmission subunit) through element 50 (portion of transmission subunit) which permits element 55 to “transmit power” to element 210 (head driver), thus giving that the prior art disclose the electric motor and there is no structural difference or additional structure provided. Therefore, the prior art would be capable of having the transmission subunit be capable to transmit kinetic energy to said head driver, as recited.).
Regarding claim 4, Achterberg modified discloses: the electric wrench as claimed in claim 2, wherein: said second shell member has a head portion (see figure 14 annotated below Detail A) surrounding said first shell member (see figure 14 annotated below), a tail portion (see figure 14 annotated below Detail B) connected to said handle unit (see figure 14 annotated below), and an intermediate portion (see figure 14 annotated below Detail C) connected between said head portion and said tail portion (see figure 14 annotated below), and cooperating with said first shell member to define said accommodating space (see figures 11-14 showing the wrench being assembled wherein in figure 11 annotated above shows the portion (Detail B) of the wrench body unit having a space in order to accept the insertion of element 55 and the intermediate portion (Detail C) being a portion of the second shell which has a space in order to accept the insertion of elements 50/40/30/20), thus cooperating with said first shell member to define said accommodating space).
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However, Achterberg modified doses not explicitly disclose said display, said control module, and said battery module are installed in said intermediate portion.
However, it would be have been it would have been to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Achterberg to provide said display, said control module, and said battery module are installed in said intermediate portion, since rearranging parts of an invention involves only routine skill in the art. One of ordinary skill in the art would recognized that having the claimed plurality of components within the same region of the claimed second shell member would necessarily provide a compact wrench, thus allowing the user utilized the tool in compact areas during operations. (See MPEP 2144.04 (VI)(C))
Regarding claim 5, Achterberg modified discloses: the electric wrench as claimed in claim 4, wherein: said control unit further includes a connection port module (element 110 and see also paragraph 0106) that is electronically connected to said control module (see paragraph 0083), and that has a connection port adapted to be connected to a power source (see paragraph 0074).
However, Achterberg modified connection port module is disposed on the tail end of the handle (element 101), and does not explicitly discloses wherein the connection port module is disposed in said intermediate portion.
However, it would be have been it would have been to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Achterberg to provide wherein the connection port module is disposed in said intermediate portion, since rearranging parts of an invention involves only routine skill in the art. One of ordinary skill in the art would recognized that having the connection port module disposed at the claimed portion would necessarily allow the module to function appropriately as intended in order to allow the wrench to connect to a power source while also having the module within the same region of the claimed inner components which would necessarily provide a compact wrench, thus allowing the user utilized the tool in compact areas during operations. (See MPEP 2144.04 (VI)(C))
Claims 11 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Achterberg (US Pub. No. 2022/0266439) in view of Wise (US Patent No. 7,823,486) and Silha (US Pub. No. 2018/0071901) as applied to claim 1 above, and further in view of Yang (TW 201524702).
Regarding claim 11, Achterberg modified discloses: the electric wrench as claimed in claim 1, wherein said handle unit includes: a transmitting handle (see paragraph 0073 where the prior art disclose element 101 (handle unit) as “a handle which can be gripped by a user” and is well known that wrench handles are capable of having a force applied to the handle in order to turn the wrench to fasten or remove nuts/bolts, and giving that there is no structural difference or additional structure provided the handle unit (element 101) is a transmitting handle) connected to said wrench body unit (see figures 5 and 14), and having a portion that overlaps said wrench body unit along the first axis (see figure 5 showing the pre-assemble of the wrench having the transmitting handle (element 101) in relation with the wrench body unit (element 120) and in figure 3 showing the wrench assembled and having portions of the transmitting handle overlapping wrench body unit along the first axis (x-x axis)).
However, Achterberg modified appears to be silent comprising at least one sensor module disposed between said portion of said transmitting handle and said wrench body unit, signally connected to said control module, and configured to output a torque reading of a force that is exerted on said transmitting handle.
Yang is also concern in providing an electric wrench (Figures 1-5 and see also paragraph 0055) a tool head unit (element 113), a wrench body unit (element 111), a transmitting handle (element 15) connected to said wrench body unit (see figure 4), a control module (element 171 and see also paragraph 0067), and a display (element 173 see also paragraph 0067). Yang further teaches at least one sensor module (element 13 and see also paragraph 0055) disposed between said portion of said transmitting handle and said wrench body unit (see figure 4), signally connected to said control module (see paragraph 0059), and configured to output a torque reading of a force that is exerted on said transmitting handle (see paragraph 0061).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have further modified Achterberg to incorporate the teachings of Yang to provide at least one sensor module disposed between said portion of said transmitting handle and said wrench body unit, signally connected to said control module, and configured to output a torque reading of a force that is exerted on said transmitting handle. One of ordinary skill in the art would recognize that a sensor module connected to the control module would necessarily provide additional performance data, specifically a torque value, in order to allow the user to obtain the actual torque applied to the workpiece, thus allowing for better and more thorough analysis of tool performance to be performed.
Regarding claim 13, Achterberg modified discloses: the electric wrench as claimed in claim 11, wherein said at least one sensor module is at least one strain gauge (see paragraph 0009 of the prior art of Yang).
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Achterberg (US Pub. No. 2022/0266439) in view of Wise (US Patent No. 7,823,486), Silha (US Pub. No. 2018/0071901) and Yang (TW 201524702) as applied to claim 1 and 11 above, and further in view of Lee (US Pub. No. 2015/0007699).
Regarding claim 13, Achterberg modified discloses all the limitations as stated in the rejection of claims 1 and 11, but appears to be silent wherein said at least one sensor module is at least one load cell.
Lee is also concern in providing a wrench (Figures 1-7 and see also paragraph 0018) comprising a transmitting handle (element 102) connected to a housing (element 106), a control module (element 118 and see also paragraph 0020), a display (element 120), and at least one sensor module (see paragraph 0033) used to measure a torque. Lee further discloses wherein said at least one sensor module is at least one load cell (see paragraph 0036).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have further modified Achterberg to incorporate the teachings of Lee to provide wherein said at least one sensor module is at least one load cell. One of ordinary skill in the art would recognize that having the sensor module in the form of a load cell would necessarily provide the predictable result of measuring a magnitude of torque applied to the tool as disclosed by Lee (see paragraph 0036), thus allowing for better and more thorough analysis of tool performance to be performed.
Allowable Subject Matter
Claims 6-10 are 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.
The following is a statement of reasons for the indication of allowable subject matter:
Claim 6 (claims 7-10 depend on claim 6) recites limitations related to the electric wrench, specifically “wherein: said handle unit includes a transmitting handle pivotably connected to said tail portion, and at least one sensor module mounted between said tail portion and said transmitting handle, and is signally connected to said control module; and when said transmitting handle is driven by a force to pivot relative to said tail portion, said at least one sensor module outputs a torque reading of the force.”
The prior art of Achterberg discloses the electric wrench of claim 1, and further has a transmitting handle (element 101) operably connected to the tail portion (see figure 14 annotated above on page 13). However, the handle does not pivot and the prior art does not disclose wherein: said handle unit includes a transmitting handle pivotably connected to said tail portion, and at least one sensor module mounted between said tail portion and said transmitting handle, and is signally connected to said control module; and when said transmitting handle is driven by a force to pivot relative to said tail portion, said at least one sensor module outputs a torque reading of the force.
The prior art of Yang discloses an electric wrench (Figures 1-5 and see also paragraph 0055) comprising a transmitting handle (element 15), a wrench body unit (element 111), and at least one sensor module (element 13 and see also paragraph 0055). However, Yang’s handle is sleeved over the body unit (see figure 4) and does not disclose wherein the transmitting handle pivotably connected to said tail portion, and at least one sensor module mounted between said tail portion and said transmitting handle.
Response to Arguments
Applicant's arguments filed 03/30/2026 have been fully considered but they are not persuasive.
On pages 2-3, of the “Remarks”, applicant respectfully traverses the 103 rejection of claim 1, specifically:
Applicant respectfully submits that the objective of the present application is to allow the battery module (74) to be distanced from the handle unit (5) onto which the user exerts the force (F) during operation, so that the battery module (74) is not directly affected or compressed during operation (see paragraph [0040] of the specification). Since the electric unit (6), the battery module (74) and handle unit (5) are arranged along the first axis (X), and since the battery module (7 4) is disposed in the accommodating space (40), which is defined by the wrench body unit (4) that is disposed between the electric unit (6) and the handle unit (5), it can be clearly understood that the battery module (74) is not disposed in, or does not overlap with the handle unit (5), and that the claimed invention can achieve the objective of the present application.
In contrast, referring to paragraphs [0079] and [0084] of Achterberg, the support tube 120 is disposed inside the handle 101, and tile battery cell 20 is housed in a skeleton 30, which is housed inside the support tube 120. Further referring to paragraph [0073] of Achterberg, the handle 101 can be gripped by the user. Therefore, the battery cell 20 is not distanced away from the handle 101, and win be compressed and directly affected by the force exerted on the handle 101.
The examiner respectfully disagrees. In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., the battery module (74) to be distanced from the handle unit (5) onto which the user exerts the force (F) during operation, so that the battery module (74) is not directly affected or compressed during operation) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
Furthermore, claim 1 requires a battery module that is disposed in said accommodating space between said electric unit and said handle unit. The prior art of Achterberg discloses the electric wrench (element 10) comprising a wrench body unit (elements 60/120/Detail B) defining an accommodation space (see paragraph 0079), a handle unit (element 101), an electric unit (element 40), and a battery module (element 20 and see also paragraph 0083) that is disposed in said accommodating space between said electric unit and said handle unit (see paragraph 0079 where the prior art discloses element 120 (portion of wrench body unit) is “a cylindrically hollow tube” (i.e. accommodation space) where a portion of the battery module (element 20) is disposed (see figure 14), see also figure 10 showing the battery module (element 20) extending to the right of the electric unit (element 40), and see also figure 14 when assembled, the handle unit (element 101) has a portion (right-side portion extending towards element 105) that would necessarily be disposed to the right a portion (left portion of element 20 that is disposed within element 30 as best shown in figure 9). Therefore, the battery module is in said accommodating space and has portions between said electric unit and said handle unit and thus meets the claim limitation. Thus, arguments are found unpersuasive.
Regarding arguments on pages 3-4, the examiner acknowledges the arguments but are considered moot since the prior arts of Wise and Silha are not being utilized in order to teach the battery module feature of claim 1.
Conclusion
THIS ACTION IS MADE FINAL. 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.
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.
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 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
/BRIAN D KELLER/Supervisory Patent Examiner, Art Unit 3723