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
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, 4 and 16 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Piveronas (US 20130112045 A1).
Regarding claim 1, Piveronas teaches (reproduced and annotated Figs. below) a tool bar assembly comprising: a shaft having a first end distal to a second end; a first tool head being coupled to the first end, the first tool head including: a claw extending outwardly from the first end, the claw being curved, the claw being parallel to the shaft (in both the invention and the prior art, the curved claw extends outward from the shaft, therefore the claw is not completely parallel to the shaft); a second tool head being coupled to the second end, the second tool head including: an adze blade extending outwardly from the second end, the adze blade being perpendicular to the shaft, the adze blade being curved, a pick extending outwardly from the second end, the pick being perpendicular to the shaft and to the adze blade; and a pair of faces, each of the pair of faces having a rectangular shape, each of the pair of faces being flat wherein each of the pair of faces is configured to facilitate a user in hammering an external object.
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Regarding claim 4, Piveronas teaches (reproduced and annotated Figs. above) the first tool head further comprising a base (rectangular shaped base) extending outwardly from the first end, the base coupling the claw to the first end of the shaft.
Regarding claim 16, Piveronas teaches (reproduced and annotated Figs. above) the pick further comprising a pointed end distal to the second end.
Claims 1-8, 10-11 and 15-16 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Fire Training found at https://www.youtube.com/watch?v=it91mJyo6ao
Regarding claim 1, Fire training teaches (reproduced and annotated screenshots below) a tool bar assembly comprising: a shaft having a first end distal to a second end; a first tool head being coupled to the first end, the first tool head including: a claw extending outwardly from the first end, the claw being curved, the claw being parallel to the shaft (in both the invention and the prior art, the curved claw extends outward from the shaft, therefore the claw is not completely parallel to the shaft); a second tool head being coupled to the second end, the second tool head including: an adze blade extending outwardly from the second end, the adze blade being perpendicular to the shaft, the adze blade being curved, a pick extending outwardly from the second end, the pick being perpendicular to the shaft and to the adze blade; and a pair of faces, each of the pair of faces having a rectangular shape, each of the pair of faces being flat wherein each of the pair of faces is configured to facilitate a user in hammering an external object.
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Regarding claim 2, Fire training teaches (reproduced and annotated screenshots above) the shaft has a length between 30.0 inches and 40.0 inches (30 inches).
Regarding claim 3, Fire training teaches (reproduced and annotated screenshots above) the shaft further comprising a textured material wherein the shaft is configured to facilitate gripping by the user.
Regarding claim 4, Fire training teaches (reproduced and annotated screenshots above) the first tool head further comprising a base extending outwardly from the first end, the base coupling the claw to the first end of the shaft.
Regarding claim 5, Fire training teaches (reproduced and annotated screenshots above) base has a chamfered tip shape.
Regarding claim 6, Fire training teaches (reproduced and annotated screenshots above) the claw further comprising a beveled claw end being distal to the first end of the shaft.
Regarding claim 7, Fire training teaches (reproduced and annotated screenshots above) the claw further comprising a notch extending inwardly through the beveled claw end, the notch being configured to receive a head of a nail whereby the claw is configured to facilitate removal of the nail from an external object.
Regarding claim 8, Fire training teaches (reproduced and annotated screenshots above) the notch is centered on the beveled claw end whereby the beveled claw end forms a V-shape.
Regarding claim 10, Fire training teaches (reproduced and annotated screenshots above) the adze blade has a thickness being less than a thickness of the claw (thickness at A is less than thickness at B).Also Piveronas in min 1:20-1:50 teaches the fork/claw can be thicker than standard for more wedging mechanism.
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Regarding claim 11, Fire training teaches (reproduced and annotated screenshots above) the adze blade further comprising a beveled blade end.
Regarding claim 15, Fire training teaches (reproduced and annotated screenshots above) the pick is curved.
Regarding claim 16, Fire training teaches (reproduced and annotated Figs. above) the pick further comprising a pointed end distal to the second end.
Regarding claim 1, Engelke (US D589313 S) teaches a tool bar assembly comprising: a shaft having a first end distal to a second end; a first tool head being coupled to the first end, the first tool head including: a claw extending outwardly from the first end, the claw being curved, the claw being parallel to the shaft (in both the invention and the prior art, the curved claw extends outward from the shaft, therefore the claw is not completely parallel to the shaft); a second tool head being coupled to the second end, the second tool head including: an adze blade extending outwardly from the second end, the adze blade being perpendicular to the shaft, .
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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.
Claims 12-13 are rejected under 35 U.S.C. 103 as being unpatentable over Fire training in view of Holcomb (US 20050062026 A1).
Regarding claims 12-13, only the first tool head of Hooligan pry bar of Fire training has V-shaped slot and not the second tool head.
Holcomb teaches (reproduced and annotated Fig. below) a prying tool with both heads having a V-shaped nail or spike pullers 21 and 22.
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It would have been obvious to one having ordinary skill in the art before effective filing date of the claimed invention to add V-shaped slot on both ends of the hooligan bar of Fire training. Doing so would make both ends capable of pulling nails or spikes.
Claims 9 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Fire training in view of Mora (US 20230173574 A1).
Regarding claim 9, Hooligan pry bar of Fire training does not have the claimed teardrop through-hole.
Mora teaches (reproduced and annotated Fig. above) a multifunctional pry tool with a through-hole (16) extending through the claw, the through-hole having a teardrop shape wherein the through-hole is configured to receive a head of a nail par. 0018: “a fastener head, such as a nail head or rivet head”) whereby the claw is configured to facilitate removal of the nail from an external object.
It would have been obvious to one having ordinary skill in the art before effective filing date of the claimed invention to add teardrop shape through-hole of Mora on both heads of pry bar of Fire training for gripping heads of rivets or nails in order to pry them out.
Claims 17-19 are rejected under 35 U.S.C. 103 as being unpatentable over Fire training in view of Obal (US 20190217843 A1).
Regarding claims 17-19, Hooligan pry bar of Fire training does not have the claimed ribs.
Obal teaches a prybar with telescopic handle comprising a plurality of ribs being positioned on the shaft, the plurality of ribs being arranged between the first end and the second end (ribs are between the two ends of the shaft 120), each of the plurality of ribs being spaced from the others wherein each of the plurality of ribs is configured to indicate a respective length measurement; the plurality of ribs further comprising a first rib being spaced from a second rib; the plurality of ribs further comprising a third rib being spaced from the second rib, the second rib being positioned between the first rib and the third rib.
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It would have been obvious to one having ordinary skill in the art before effective filing date of the claimed invention to add adjustability to Hooligan pry bar of Fire training by adding ribs and grooves to the handle.
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Fire training in view of Obal and Mora and further in view of Watson (US 5467830 A).
Claim 20 recites limitations of claims 1-19 and is rejected for the same reasons.However combination of Fire training, Obal and Mora does not teach textured rubber material on handle and does not teach spacing between ribs.
Watson teaches a weed prying tool with a knurled/textured rubber grip.
It would have been obvious to one having ordinary skill in the art before effective filing date of the claimed invention to add a knurled/textured rubber grip to the shaft of combined pry bar of Fire training, Obal and Mora. Doing so would increase gripping by user’s hand.
It would have also been obvious to one having ordinary skill in the art before effective filing date of the claimed invention to increase or decrease distance between the ribs to change incremental extension of the handle.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Brown et al. (US 20140131644 A1) teaches (reproduced and annotated Figs. below) a tool bar assembly comprising: a shaft (202) having a first end distal to a second end; a first tool head being coupled to the first end, the first tool head including: a claw extending outwardly from the first end, the claw being curved, the claw being parallel to the shaft (in both the invention and the prior art, the curved claw extends outward from the shaft, therefore the claw is not completely parallel to the shaft); a second tool head being coupled to the second end, the second tool head including: an adze blade (solid blade 220) extending outwardly from the second end, the adze blade being perpendicular to the shaft (in both the invention and the prior art, the adze blade extends inward towards the shaft, therefore the adze blade is not completely perpendicular to the shaft), the adze blade being curved, a pick (tapered pick 230) extending outwardly from the second end, the pick being perpendicular to the shaft and to the adze blade; (in both the invention and the prior art, the pick is tapered and therefore is not completely perpendicular to the shaft and the adze blade)and a pair of faces (1st face: face opposite and parallel to the face that 230 extends from, 2nd face: face opposite the face that 221 extends from).
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Any inquiry concerning this communication or earlier communications from the examiner should be directed to MAHDI H NEJAD whose telephone number is (571)270-0464. The examiner can normally be reached Monday-Friday 7:30am-4pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Posigian can be reached at (313) 446-6546. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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MAHDI H. NEJAD
Examiner
Art Unit 3723
/MAHDI H NEJAD/Primary Examiner, Art Unit 3723