DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Medicine
Status of Claims
This action is in reply to the communications filed on 5/28/2026.
The Examiner notes claims 39-56 are currently pending and have been examined; claim(s) 1-38 are canceled without prejudice; claim(s) 39-56 are newly added; all other claims are Original or Previously Presented.
Election/Restrictions
Applicant’s election without traverse of Group 4, claim(s) 30-31, drawn to a method of operating a hydraulic tool, in the reply filed on 5/28/2026 is acknowledged.
All newly added claims correspond to the elected invention.
Claim Rejections - 35 USC § 102
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.
And/or
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 39-42 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by KIMURA (WO 03064091), hereinafter Kimura.
Regarding claim 39. (Each claim status is listed above in the Status of Claims section) Kimura method of operating a hydraulic tool [¶14 of the translation], the hydraulic tool [Fig 1 & 5; 1-2 form a hydraulic tool] including a housing providing a handle portion engageable by an operator [Fig 2; the Fig shows a housing with a cutaway to show internal parts], a battery pack supported by the housing [Fig 2; ¶23 of the translation; the bottom of the handle (15) has a battery pack attached to power the electric motor (16)], a motor positioned in the housing and powered by the battery pack [Fig 2; ¶23 of the translation; the bottom of the handle (15) has a battery pack attached to power the electric motor (16)], a pump positioned in the housing and driven by the motor [Fig 2; ¶22-¶23 of the translation; the pump (13) is powered by the electric motor (16)], a piston and cylinder assembly [Fig 3; ¶30 of the translation] including a cylinder [21], a piston [22] movably supported in the cylinder, and a driver [23] attached to the piston and movable therewith between a retracted position and an extended position [Fig 3; ¶30 of the translation; the piston moves inside the cylinder and has the driver attached; the driver is moved between extended and retracted positions by the movement of the piston], the pump being operable to transfer hydraulic fluid to the cylinder to move the piston [¶21 & ¶30 of the translation], and a tool element [2] including a drive element [23] coupled to the driver [Fig 3], the driver being configured to transmit torque through the drive element [Fig 3; ¶30 of the translation; the motion of the driver transmits a torque force to 23, more specifically 231], the method comprising:
supporting the tool element on the housing; with the tool element supported on the housing,
engaging the tool element with a workpiece, and
operating the pump to transfer hydraulic fluid to the piston and cylinder assembly to thereby transmit force through the drive element to the workpiece [Fig 5; ¶14 of the translation; the tool element is supported on the housing and is used to engage a workpiece and transmit a force to the workpiece by operating the pump & piston and cylinder assembly];
disengaging the tool element from the housing; and
with the tool element disengaged from the housing,
engaging the tool element with a workpiece, and
operating the pump to transfer hydraulic fluid to the piston and cylinder assembly to thereby transmit force through the drive element to the workpiece [Fig 5; ¶14 of the translation; when there is not enough space for the housing and tool to reach the desired location; the tool element is separated from the housing but is still connected to the housing via a hose (3) and is then engaged to a workpiece and the tool element transmits a force to the workpiece by operating the pump & piston and cylinder assembly which is connected by the hose].
Regarding claim 40. Kimura discloses the method according to claim 39, wherein the piston and cylinder assembly is supported by the tool element [Fig 3], and wherein the method further comprises fluidly connecting the pump and the piston and cylinder assembly [Fig 1 & 5].
Regarding claim 41. Kimura discloses the method according to claim 39, wherein fluidly connecting includes fluidly connecting the pump and the piston and cylinder assembly when the tool element is supported on the housing and when the tool element is disengaged from the housing [Fig 1 & 5].
Regarding claim 42. Kimura discloses the method according to claim 39, wherein, when the tool element is disengaged from the housing, fluidly connecting includes connecting a hose [3] between the pump and the piston and cylinder assembly [Fig 5].
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) 43-46 & 48-56 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kimura in view of Spirer (US 20140238203), hereinafter Spirer.
Regarding claim 43 & 54. Kimura discloses the method according to claim 39, wherein the hydraulic tool further comprises a … removably coupled to the housing, the … including the drive element [Fig 1, 3, & 5; the tool element is removably coupled to the housing and contains the drive element].
Kimura may not explicitly disclose a cassette, the cassette including the drive element.
However Spirer teaches a tool element attachable to a hydraulic tool [Fig 4; 50]; wherein the tool element is a cassette [Fig 4; ¶39; 50 is a cassette for a hydraulic torque wrench], the cassette including the drive element [Fig 4-5; the cassette includes the drive element (76)].
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to replace the tool element as disclosed by Kimura with the cassette as disclosed by Hughes as a simple substitution of a known element to produce predictable result of another hydraulic tool that is used in both open and confined spaces and would benefit from the attached and detached configuration of Kimura [Spirer: ¶39].
Regarding claim 44. Kimura as modified teaches the method according to claim 43, wherein the cassette includes a ratchet arm driven by the driver, and a ratchet mechanism between the ratchet arm and the drive element [Spirer: Fig 4-5; a ratchet mechanism (74) is between the ratchet arm (72) and the drive element (76)].
Regarding claim 45. Kimura as modified teaches the method according to claim 43, wherein the piston and cylinder assembly is supported by the housing [Kimura discloses the piston and cylinder assembly being supported on the tool element however Spirer teaches that the piston and cylinder assembly can be supported by the housing (see Fig 1-7) and not be removed ].
Regarding claim 46. Kimura as modified teaches the method according to claim 43, wherein the cassette includes a cassette housing supporting the drive element [Spirer: Fig 4-5], and wherein the housing defines a slot for receiving a portion of the cassette housing [Spirer: Fig 4-7; the housing would have the connection of 1 to 50 and therefore has a slot to receive the cassette]; and the piston and cylinder assembly is supported by the cassette housing [Kimura: Fig 1 & 3; the cassette (i.e. 2 is substituted for the cassette) contains the piston and cylinder assembly].
Regarding claim 48. Kimura as modified teaches the method according to claim 43, wherein the housing has a first end, a second end [Figure 1 of this action & Kimura: Fig 2], and a longitudinal axis extending through the first end and the second end [Figure 1 of this action & Kimura: Fig 2], the handle portion is engageable by a hand of an operator and defines a grip axis obliquely oriented relative to the longitudinal axis [Figure 1 of this action & Kimura: Fig 2], and the housing includes a battery pack support portion proximate the second end [Figure 1 of this action & Kimura: Fig 2]; the battery pack is supported on the battery pack support portion [Figure 1 of this action & Kimura: Fig 2] …; the pump is supported by the housing and operable to transfer hydraulic fluid to the piston and cylinder assembly [Kimura: Fig 2; ¶22-¶23 of the translation]; the motor is positioned adjacent the … end of the housing and configured to drive the pump [Figure 1 of this action & Kimura: Fig 2; ; ¶22-¶23 of the translation]; and the tool element is coupled to the housing and the drive element is coupled to the piston and cylinder assembly [Kimura: Fig 1 & 5], the piston and cylinder assembly being configured to transmit torque through the drive element [Kimura: Fig 3; ¶30 of the translation; the motion of the driver transmits a torque force to 23, more specifically 231].
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Figure 1: Annotated Fig 2 of Kimura
Kimura as modified may not explicitly disclose the battery pack is supported on the battery pack support portion along a battery insertion axis the battery insertion axis being obliquely oriented relative to the longitudinal axis and the grip axis; or the motor is positioned adjacent the first end of the housing.
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the battery pack support portion and battery pack as taught by Kimura to support the battery pack on the battery pack support portion along a battery insertion axis the battery insertion axis being obliquely oriented relative to the longitudinal axis and the grip axis as pursuant of MPEP 2144.04-VI-C, it has been held that shifting the position or placement of parts that does not modify the operation of the device has no patentable significance, it considered to be matters of design/engineering choice which a person skilled in the art would have found obvious.
Further it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the motor as taught by Kimura to be positioned adjacent the first end instead of the second end as pursuant of MPEP 2144.04-VI-C, it has been held that shifting the position or placement of parts that does not modify the operation of the device has no patentable significance, it considered to be matters of design/engineering choice which a person skilled in the art would have found obvious.
In the case of both limitations rearranging the parts would not change nor diminish their function.
Regarding claim 49. Kimura as modified teaches the method according to claim 48, wherein the drive element is a torque wrench drive element [Fig 4; ¶39; 50 is a cassette for a hydraulic torque wrench]; the tool element includes a torque wrench cassette supportable by the housing [Fig 4; ¶39; 50 is a cassette for a hydraulic torque wrench]; the housing includes a tool element interface operable to removably support the cassette Spirer: Fig 4-7; the housing would have the connection of 1 to 50 and therefore has a slot to receive the cassette]; and the piston and cylinder assembly is supported by the cassette [Kimura: Fig 1 & 3; the cassette (i.e. 2 is substituted for the cassette) contains the piston and cylinder assembly].
Regarding claim 50. Kimura as modified teaches the method according to claim 48, wherein the housing includes a pump housing portion [Kimura: Fig 2; 11] between the first end and the handle portion [Figure 1 of this action & Kimura: Fig 2], the pump [13] being supported in the pump housing portion [Kimura: Fig 2].
Regarding claim 51. Kimura as modified teaches the method according to claim 48, wherein the hydraulic tool further comprises a trigger supported on the handle portion and operable to control operation of the motor [Kimura: Fig 1 & 5].
Regarding claim 52. Kimura as modified teaches the method according to claim 48, wherein the housing includes a motor housing portion positioned on the first end [Kimura: Fig 2; 16 has a housing that is on the exterior of the tool with the motor positioned inside and per claim 48 rejection is positioned at the first end], the motor being supported in the motor housing portion [Kimura: Fig 2], the motor housing portion providing a grip engageable by another hand of the operator [Kimura: Fig 2; any portion of the tool can provide a grip engageable by another hand of the operator]; and the grip defines a second grip axis, the second grip axis being parallel to or coaxial with the longitudinal axis [Kimura: Fig 2].
Regarding claim 53 & 56. Kimura as modified teaches the method according to claim 48, but may not explicitly disclose wherein the piston and cylinder assembly is supported by the housing.
However Spirer teaches a rearrangement of part where the piston and cylinder assembly is supported by the housing [Fig 1-7; 50 is the tool element without the piston and cylinder assembly, which is inside of 1 which is part of the housing].
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the piston and cylinder assembly as taught by Kimura as modified to be supported by the housing as taught by Spirer as relocating the piston and cylinder assembly into the housing reduces adverse, excessive side load and tension forces which in turn increases the longevity of the wrench component [Spirer: ¶47].
Regarding claim 55. Kimura discloses the method according to claim 54, wherein the housing includes a tool element interface operable to removably support the cassette; and the piston and cylinder assembly is supported by the cassette [Kimura: Fig 1 & 3; the piston and cylinder assembly is supported by the tool element (i.e. the cassette as taught by Spirer)].
Claim(s) 47 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kimura in view of Spirer further in view of Abbott et al. (US 20210299832), hereinafter Abbott.
Regarding claim 47. Kimura as modified teaches the method according to claim 43, wherein the hydraulic tool further comprises a control device configured control an operation of the hydraulic tool [Figure 1 of this action & Kimura: Fig 1-2; the trigger on the handle is a control device configured to control and operation of the tool], but may not explicitly disclose wherein the control device includes a remote pendant connected to the housing by a cable.
However Abbott teaches another hydraulic tool that has a control device that includes a remote pendant connected to the housing by a cable [Fig 7-9; ¶57 & ¶70; the device or devices can be controlled by a remoted device that can be connected wirelessly or by a cable].
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the control device as taught by Kimura as modified to include a remote pendant connected to the housing by a cable as taught by Abbott for the purpose of remote controlling the device and/or simultaneously controlling multiple devices [Abbott: ¶57 & ¶70].
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AARON R MCCONNELL whose telephone number is (303)297-4608. The examiner can normally be reached Monday-Thursday 0700-1600 MST [0900-1800 EST] 2nd Friday 0700-1500 MST [0900-1700 EST].
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/AARON R MCCONNELL/Examiner, Art Unit 3723
/BRIAN D KELLER/Supervisory Patent Examiner, Art Unit 3723
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