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 .
Priority
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged.
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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.
Claim(s) 1, 2, 4-6, 9, 12, 15, 16, 18-26 and 28 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2008/0190248 A1 to (Urquizu Osa).
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Regarding claim 1, (Urquizu Osa) discloses a self-adjusting pipe wrench tool (see D1 figure 1 and [0001]) comprising: a handle 2; a heel jaw 1 at a distal and of the handle, the heel jaw 1 defining a curved grip face 7 (Fig. 1 and paragraph [0026] for handle 2 and curved heel jaw 1; Figs. 10-12), an adjustable jaw 3 pivotally coupled to the handle 1 at a pivot point 9, the adjustable jaw 3 defining a planar proximal grip face and a planar distal grip face at an angle to the proximal grip face (Figs, 1-2, 7-9 and paragraph [0026] for adjustable jaw 3 with two grip faces), wherein, along a longitudinal axis defined by the handle 2, a ratio of a gap between the distal grip face and the curved grip face and the distal grip face and the pivot point is greater than a 30% (Figs. 6-9; paragraphs [0030]-[0037]);
Regarding claim 2, wherein the ratio is greater than 33%;
Regarding claim 4, wherein the adjustable jaw 3 comprises: a midsection, a distal section at an angle to the midsection, the proximal and distal grip faces thereof being defined between the distal and midsections; and a proximal section being substantially orthogonal to the midsection and being pivotally coupled to the handle (see, e.g., Fig. 6);
Regarding claim 5, wherein the proximal grip face is approximately half the length of the midsection (Figs. 1, 2, 6-9);
Regarding claim 6, wherein a max/min gripping diameter ratio is greater than 1.5 (Figs. 7-9);
Regarding claim 9, wherein a max/min gripping diameter ratio is greater than 1.6 (Figs. 7-9);
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Regarding claim 12, wherein a max/min gripping diameter ratio is greater than 3 (Figs. 7-9);
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Regarding claim 15, wherein the curved grip face 7 has a curvature which is substantially orthogonal to the longitudinal axis at a distal end thereof (Figs. 10-12, paragraphs [0030], [0031]);
Regarding claim 16, wherein the curvature is through more than 80o (Fig. 6);
Regarding claim 18, wherein the heel jaw 1 is replaceably affixable to the handle 2 (Fig. 3; paragraphs [0027]-[0029]);
Regarding claim 19, wherein the handle 2 defines a recess 11 into which a rear tab 10 of the heel jaw 1 is insertable and securable with a through pin 5 (Fig. 3);
Regarding claim 20, wherein the handle 2 defines a planar heel jaw bearing face which seats a rear planar face of the heel jaw 1, the planar heel jaw bearing face having the recess 11 therein (Fig. 3);
Regarding claim 21, wherein the planar heel jaw bearing face is approximately 45o with respect to the longitudinal axis of the handle 2 (Fig. 3);
Regarding claim 22, wherein a distal end of the planar heel jaw bearing face collocates with a distal end of the heel jaw 1 (Fig. 3);
Regarding claim 23, wherein a proximal end of the planar heel jaw bearing face defines a proximal edge which engages against with a proximal end of the heel jaw 1 (Fig. 3);
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Regarding claim 24, wherein the adjustable jaw is replaceably affixable to the handle with a through pin (assuming that the pin 9 in (Urquizu Osa) has been pressed-in, it would be possible to press-out the pin);
Regarding claim 25, wherein the adjustable jaw is biased towards a closed position by a biasing mechanism (spring 4; Figs. 1 and 2; paragraphs [0007], [0013], [0026], [0043] and [0044]);
Regarding claim 26, wherein the biasing mechanism comprises a tension spring 4 operable between the handle and a proximal end of the adjustable jaw (paragraphs [0043]-[0044]); and,
Regarding claim 28, wherein the adjustable jaw is interchangeable by removing a pin through the pivot point (assuming that the pin 9 in (Urquizu Osa) has been pressed-in, it would be possible to press-out the pin).
Claim(s) 1-6, 15-27 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2,713,280 A to (LARSON).
Regarding claims 1-6, (LARSON) discloses a self-adjusting pipe wrench tool comprising: a handle 10; a heel jaw (an arcuate detachable jaw gripper element 21) at a distal and of the handle 10, the heel jaw 21 defining a curved grip face 22, an adjustable jaw (movable jaw 29’) pivotally coupled to the handle 10 at a pivot point 38, the adjustable jaw 29’ defining a planar proximal grip face (straight flat inner gripper face 54) and a planar distal grip face (straight serrated detachable gripping element 60 (Figure 8)) at an angle to the proximal grip face, wherein, along a longitudinal axis defined by the handle 10, a ratio of a gap between the distal grip face and the curved grip face 22 and the distal grip face 60 and the pivot point 38 is greater than a 30%; wherein the ratio is greater than 33%; wherein the distal grip face 60 is approximately 45o with respect to the proximal grip face 54 (Figs. 1, 3, and 7); wherein the adjustable jaw 29’ comprises: a midsection, a distal section at an angle to the midsection, the proximal 54 and distal 60 grip faces thereof being defined between the distal and midsections (Figs. 1, 3 and 7); and a proximal section being substantially orthogonal to the midsection and being pivotally coupled to the handle (Figs. 2, 4, and 13); wherein the proximal grip face 54 is approximately half the length of the midsection (Figs. 1, 3, and 7); wherein a max/min gripping diameter ratio is greater than 1.5 (Figs. 1 and 3).
Regarding claims 15-27, in (LARSON), wherein the curved grip face 22 has a curvature which is substantially orthogonal to the longitudinal axis at a distal end thereof; wherein the curvature is through more than 80o; wherein the curvature is at approximately 45o with respect to the longitudinal axis at a midpoint thereof; wherein the heel jaw 21 is replaceably affixable to the handle 10; wherein the handle defines a recess 19 into which a rear tab 20 of the heel jaw is insertable and securable with a through pin (retainer pin 27); wherein the handle 10 defines a planar heel jaw bearing face 18 which seats a rear planar face 23 of the heel jaw 21, the planar heel jaw bearing face 18 having the recess 19 therein (Figs. 5 and 6); wherein the planar heel jaw bearing face is approximately 45o with respect to the longitudinal axis of the handle (Figs. 1 and 3; wherein a distal end of the planar heel jaw bearing face collocates with a distal end of the heel jaw; wherein a proximal end of the planar heel jaw bearing face 23 defines a proximal edge which engages against with a proximal end 18 of the heel jaw; herein the adjustable jaw 29’ is replaceably affixable to the handle with a through pin 38; wherein the adjustable jaw 29’ is biased towards a closed position by a biasing mechanism; wherein the biasing mechanism comprises a tension spring 44 (“an adjustable spring tension”; Col. 3, lines 16-29)) operable between the handle 10 and a proximal end of the adjustable jaw (Col. 3, lines 16-21); and, further comprising an affixable cover plate (detachable cover plate 29) concealing the tension spring 44 thereunderneath.
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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.
Claim(s) 7, 8, 10, 11, 13, 14 and 29 is/are rejected under 35 U.S.C. 103 as being unpatentable over (Urquizu Osa) or (LARSON).
Regarding claims 7, 8, 10, 11, 13 and 14, both (Urquizu Osa) and (LARSON), respectively, provide a self-adjusting pipe wrench according to the claimed invention except for explicitly providing: a max/min gripping diameter ratio approximately 1.6, 1.8, or 3.2; a minimum gripping diameter of approximately 95 mm and the maximum gripping diameter of approximately 155 mm; the minimum gripping diameter is approximately 65 mm and the maximum gripping diameter is approximately 120 mm; or, the minimum gripping diameter is approximately 25 mm and the maximum gripping diameter is approximately 80 mm.
However, considering that it is known to construct pipe wrenches in different scales (i.e., sizes) in accordance with the intended diameters, or range of diameters, of the pipe for which the pipe wrench is to be used effectively, and further that it has been held that where the general conditions of a claim are disclosed in the prior art, i.e., in (Urquizu Osa) and (LARSON), it would have been obvious to one having ordinary skill in the art at the time of the effective filing date of the invention to rescale the components of either the self-adjusting pipe wrench of (Urquizu Osa) or that of (LARSON) such that the self-adjusting pipe wrench may appropriately engage pipes having diameters in the ranges of 25 – 80 mm; 65 – 120 mm; or, 95 – 155 mm, where discovering the optimum or workable ranges of the respective components of the pipe wrench for those pipe diameters involves only routine skill in the art. See, e.g., Smith v. Nichols, 88 U.S. 112, 118-19 (1874) (a change in form, proportions, or degree "will not sustain a patent"); In re Williams, 36 F.2d 436, 438, 4 USPQ 237 (CCPA 1929) ("It is a settled principle of law that a mere carrying forward of an original patented conception involving only change of form, proportions, or degree, or the substitution of equivalents doing the same thing as the original invention, by substantially the same means, is not such an invention as will sustain a patent, even though the changes of the kind may produce better results than prior inventions.").
Regarding claim 29, as the adjustable jaw of either the self-adjusting pipe wrench of (Urquizu Osa) or that of (LARSON) may be removed from the handle, to provide a plurality of interchangeable adjustable jaws of different sizes such that the same sized handle may be used to grip a variety of ranges of pipe diameters, would have been obvious to one having ordinary skill in the art at the time of the effective filing date of the invention, having the effective result of providing one tool with a variety of adjustable jaw sizes that may have a variety of applications rather than manufacturing multiple self-adjusting pipe wrenches in order to operate in those particular ranges of pipe diameters, thus reducing manufacturing cost.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure as describing pipe wrenches, or features related to pipe wrenches, that pertain to the immediate application.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to David B. Thomas whose telephone number is (571) 272-4497. The examiner’s e-mail address is: dave.thomas@uspto.gov. The examiner can normally be reached on Mon-Fri 11:30-7:30.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Posigian can be reached on (313) 446-6546. The fax phone number for the organization where this application or proceeding is assigned is (571) 273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/David B. Thomas/
Primary Examiner, Art Unit 3723
/DBT/