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 .
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-6, 9-15, 18-20 have been considered but are moot because the new ground of rejection does not rely the prior rejection of record for any teaching or matter specifically challenged in the argument.
Examiner thanks applicant for removing some indefinite language. Applicant has added some claim language from dependent claims 2 and 11, therefore bringing the independent claims out of generic status. Examiner notes that this change, as well as adding that the clamps have “free ends opposite the link” further limits the claim language, requiring further search and consideration, and therefore examiner has rendered a new rejection included below.
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) 1-5, 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over 2011/0120741 Limberg in view of 9873188 Chen.
Regarding claim 1, claims 1 and its dependents do not include the orientation adjustment mechanism.
Regarding claim 1, Limberg discloses side handle assembly for securing to a neck of a power tool (title) , the side handle comprising:
a handle 44 configured to be gripped by a user (with grip 54);
a rod 52 including a first end to which the handle 44 is coupled and an opposite, second end (attached to first clamp 48);
a first clamp 48 coupled to the second end of the rod 52;
a second clamp 46 positioned opposite the first clamp 48, the neck of the power tool being receivable between the first clamp and the second clamp (as shown in figure 10), with a clamping force applied to the neck (“tightly engage a portion of the gear casing 33 therebetween” [0039]), when the first 48 and second clamps 46 are maintained in a clamped state (as discussed in [0039]);
a link 50 coupled to the first clamp 48 and the second clamp 46 (as shown in figure 10), the link extending along an axis (same general axis as the rod 52);
and an adjustment mechanism (threaded stem 50 [0039]) to adjust the first and second clamps between the clamped state and a released state (as stated in [0039]), where the clamping force is removed from the power tool neck (discussed in [0040]), wherein actuation of the adjustment mechanism (threaded stem 50) linearly translates the second clamp 46 relative to the first clamp 48 (“pushes against the ledge 88 in the…clamp 46” [0039] and the clamps are “thereby pushed together” [0039]) along the axis, and
wherein the first clamp 48 and the second clamp 46 each include free ends (hooks 72, figure 10) opposite the link 50.
Limberg discloses the clamps, which have free ends engaging the tool therebetween as shown in figure 10, are linearly moved together or apart by the use of a threaded stem. A spring 92 is included “to bias the clamps 46, 48 apart from one another” [0041]). Limberg does not disclose that the threaded stem includes the use of a cam lever to move the clamps together or apart.
Chen discloses a tool which engages a circular device between two clamps 41 and 42, which are linearly movable together on a threaded stem 35. The threaded stem includes an adjustment member 36 which is rotatably connected to the threaded stem so that “a distance between the threaded rod and the main body can be adjusted continuously and subtly through screwing” (column 3 line 59), illustrated in the location of clamp 42 between figures 4 and 5. Chen also discloses that the distance between the clamps depends on the position of cam lever 22, with the position in figure 3, with lever arm up, has clamp 42 in the position furthest from clamp 41, and the position in figure 4, with the clamp 42 in the position closest to clamp 41 (“when the second handle member 22 approaches the first handle member 21, the connecting member 31 actuates the displacement assembly 32 to move along a first direction to drive the second clamping portion 42 to move toward the first clamping portion 41” column 3 lines 9-14). Chen uses the clamping assembly to “smoothly and quickly actuate the displacement” of the clamps (column 3 line 42) and “quickly controlled to retract” the threaded rod to release (column 3 line 57).
It would have been obvious to one of ordinary skill in the art before the effective filing date to apply the cam lever arm for moving two clamp arms together along an axis as taught by Chen, to the similar clamps moving along an axis as taught by Limberg, so that they can be “quickly” engaged and disengaged, as taught by Chen (column 3 lines 42 and 57). Examiner contends that since the cam lever engages the threaded stem on which the clamps of both Limberg and Chen are located, that this therefore this quick device movement feature of the cam lever of Chen is applicable to any device using clamps on threaded stems.
Regarding claim 2, Limberg as modified discloses the handle assembly of claim 1, wherein the first clamp (48 of Limberg) includes a through bore (best shown in figure 2), the second clamp (46 of Limberg) includes a second through bore (best shown in figure 2), and wherein the link (threaded stem 50 of figure 10) has a first end and a second end, respectively, received in the first and second through bores ([0032]).
Regarding claim 3, Limberg as modified discloses the side handle assembly of claim 2, further comprising an adjustment nut (36 of Chen) including a threaded bore (figure 2) configured to receive a threaded portion of the link (as it does in figure 2 of Chen), wherein the threaded portion of the link 50 is disposed within the first through-bore (as shown in figure 2 of Chen). The inclusion of the adjustment nut as taught by Chen is for the purpose of “a distance between the threaded rod and the main body can be adjusted continuously and subtly through screwing” (column 3 line 59). It has been held that the provision of adjustability, where needed, involves only routine skill in the art. MPEP 2144.04 (V)(d).
Regarding claim 4, Limberg as modified discloses the side handle assembly of claim 3, wherein, in response to rotation of the adjustment nut 36 relative to the link (50 in Limberg, 35 in Chen), a distance between the second clamp and the first clamp is adjusted along the axis (as shown between figures 4 and 5 of Chen).
Regarding claim 5, Limberg as modified discloses the side handle assembly of claim 2, wherein the cam lever (22 of Chen) is pivotably coupled to the second end of the link (50 of Limberg, 35 of Chen) with a pin (pin 37).
Regarding claim 9, Limberg as modified discloses the side handle assembly of claim 1, further comprising a spring (92 of Limberg) positioned between the first clamp 48 and the second clamp 46, wherein the spring 92 is configured to bias the first clamp and the second clamp away from one another toward the released state (“to bias the clamps 46, 48 apart from one another” [0041] of Limberg).
Claim(s) 1, 2, 5, 6, 10-15, 18-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over 4225104 Larson in view of 2011/0120741 Limberg, in further view of 2020/0407900 Matsubara.
Regarding claims 1 and 10, Larson discloses a side handle assembly for securing to a neck of a power tool (capable of going within clamp 24), the side handle comprising:
a handle 22 configured to be gripped by a user (with grip 38);
a rod 23 including a first end to which the handle 22 is coupled and an opposite, second end (ending at the orientation adjustment mechanism);
a first clamp 25 coupled to the second end of the rod 23 (by the orientation adjustment mechanism);
a second clamp 26 positioned opposite the first clamp 25, the neck of the power tool being receivable between the first clamp and the second clamp (within the circle of the clamp 24), with a clamping force applied to the neck (adjusted by mechanism 29), when the first and second clamps are maintained in a clamped state (by adjustment mechanism 29);
a link 29 coupled to the first clamp 25 and the second clamp 26, the link 29 extending along an axis (which is parallel to the axis of the rod 23);
a wing nut 33 configured to adjust the first and second clamps between the clamped state and a released state (threaded on threaded link 29), where the clamping force is removed from the power tool neck (opening the clamps wide enough to remove the power tool); and
an orientation adjustment mechanism (around bolt 36) coupling the second end of the rod 23 to the first clamp 25, wherein the orientation adjustment mechanism is configured to adjust an orientation of the rod and the handle with respect to at least one of the first clamp or the second clamp (provides a “pivot connection through bolt 36” allowing adjustment in the manner shown in figure 1),
wherein actuation of the wing nut 33 linearly translates the second clamp 26 relative to the first clamp 26 along the axis (axis of the link 29, tightening the grip on the tool within the clamp 24) and wherein the first clamp and the second clamp each include free ends (which are connected by a pivot pin 27) opposite the link.
1: Larson discloses that while the clamps have free ends, the free ends are connected to form a loop. Larson arguable discloses the “free ends”, but does not disclose the intended purpose of this language. 2: Larson discloses the use of a wing nut to perform the function of bringing clamps 25/26 closer together along an axis, or allowing them to be further apart. Larson does not disclose the use of a cam lever.
1: Limberg discloses a similar side handle (as discussed in claim 1 above), having two clamps 46/48 which extend along a threaded link 50 and are moved along the axis of the link 50 because the clamps have free ends opposite the link which are not connected together to make a circle. The clamps engage notches either in the tool itself, or on a ring 40 (figure 9).
It would have been obvious to one of ordinary skill in the art before the effective filing date to unattach the clamps 25/26 of Larson at pivot point 27, as the use of the clamps of Larson are functional with as an entire loop (as shown in Larson), or as two separate clamps in conjunction with a loop (as shown in Limberg figure 9) or in conjunction with notches directly on the tool (Limberg figures 1-2). Examiner contends that the use of the loop or two separate clamps still results in the clamping force retaining the side handle of Larson being attached to the tool of Larson by using compression either within the loop or between the clamps, as these are known equivalents in the art, taught by Limberg. Examiner contends that these are known equivalents and are used for the same purpose within the ordinary skill in the art. See MPEP 2144 (I): “rationale to modify or combine the prior art does not have to be expressly stated in the prior art…it may be reasoned from knowledge generally available to one of ordinary skill in the art”.
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2: Matsubara discloses a clamp having two sides 5/6 of the clamp 3 which encircles a device (frame 2). The clamp sides 5/6 are brought closer together or further apart by having a threaded link 12 inserted into throughholes 5c and 6b of the clamp sides 5/6, the threaded link 12 directly pivoted to cam lever 13 at pin 12b, the cam lever abutting the surface 5b of the clamp side 5. The clamp also includes adjustment nut 14 included on the threaded link 12 which “serves as a position adjusting member” [0040]. Cam lever 13 is used to move the clamp sides 5/6 closer together or further apart in a manner that is “pressed easily by the bulb of a finger” [0041]. Matsubara also discloses the use of a spring 11 which “widens the clearance of the separation section” [0038].
It would have been obvious to one of ordinary skill in the art before the effective filing date to replace the mechanism that forces the clamps of Larson open/closed (threaded stem 29 and wing nut 33) with a similar mechanism that forces the clamps open/closed, such as the threaded link and adjustment mechanism and cam lever as taught by Matsubara, as Matsubara teaches “pressing easily by the bulb of a finger”. The use of the wingnut of Larson requires at least two fingers in a rotational movement, which is difficult for some users with dexterity deficiencies like arthritis. The use of the Matsubara mechanism in the location of the threaded link of Larson, between the two clamps of Larson, in order to allow for the ease of clamping the clamps to the device within the clamp space as taught by Larson and Limberg.
Regarding claims 2 and 11, Larson as modified discloses the side handle of claims 1 and 10, wherein Matsubara discloses the clamp 5 has a through hole 5c, clamp 6 has through hole 6b, and the link 12 goes through both through holes (figure 3 of Matsubara).
Regarding claim 12, please see claim 3 and Matsubara. Larson as modified discloses the side handle of claim 11, wherein Matsubara discloses an adjustment nut 14 including a threaded bore (figure 3) configured to receive the threaded link 12 [0051], the threaded link 12 is disposed within the first hole 5c.
Regarding claim 13, please see claim 4, and Matsubara. Larson as modified discloses the side handle of claim 12, Matsubara discloses the rotation of the nut 14 adjusts the distance between the clamps [0051].
Regarding claims 5 and 14, Larson as modified discloses the side handle of claims 2 and 11, Matsubara discloses the cam lever 13 is directly pivotably coupled to the second end of the link 12 with pin 12b (figure 3 of Matsubara).
Regarding claim 15, please see claim 6 and Matsubara. . Larson as modified discloses the side handle of claim 14, Matsubara discloses the cam lever includes a cam lever surface (surfaces 13a, 13b, 13c) wherein the second clamp 5 includes a second clamp surface 5b configured to engage with the cam lever surface (as shown in figure 3 of Matsubara), and wherein the engagement of the cam lever surface and the clamp surface 5b maintains the first clamp and the second clamp in the clamped state (as taught in figure 9, unclamped in figure 7).
Regarding claim 18, please see claim 9, and Matsubara. Larson as modified discloses the side handle of claim 10, Matsubara discloses a spring 11 between the two clamps 5/6, wherein the spring is configured to bias the clamps apart toward the released state (“widens the clearance of the separation section” [0038]).
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Regarding claim 19, Larson discloses the device of claim 10, wherein the orientation adjustment mechanism includes a first face gear 35 fixedly coupled to the second end of the rod 23, a second face gear 34 fixedly coupled to the first clamp 25, and
a fastener 37 selectively coupling the first face gear to the second face gear such that when the fastener is tightened, the first face gear is engaged with the second face gear to prevent relative rotation between the first face gear and the second face gear, and when the fastener is loosened, the first face gear is disengaged with the second face gear to allow relative rotation between the first face gear and the second face gear (column 3 line 2 of Larson).
Regarding claim 20, Larson discloses the side handle assembly of claim 19, wherein the first face gear is rotatable relative to the second face gear about an adjustment axis (as indicated above) that is oriented transverse to a longitudinal axis of the rod 23.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EMILY M MORGAN whose telephone number is (303)297-4260. The examiner can normally be reached Mon-Thurs 8-5 MST.
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/EMILY M MORGAN/Primary Examiner, Art Unit 3677