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
Benefit of earlier filing date of 08/02/2021 of provisional application No. 63/228,350 is acknowledged as required by 35 U.S.C. 119.
Drawings
The drawings are objected to because reference number 252 should be for the opening as shown below. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the first channel 240 must be shown or the feature(s) canceled from the claim(s). It is not clear if the first channel 240 is similar to the second channel 250 shown in Fig. 3. No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claim 18 is objected to because of the following informalities:
Claim 18, line 4, “the second surface.” Should read --the second surface; and--. Appropriate correction is required.
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 1-20 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Markiewicz (US 9925650 B2).Claim 1 is rejected under four mutually exclusive interpretations:Under the first interpretation, the first member is interpreted to be cup 10 and set screws 19 and the second member is interpreted to be the cam 13 shown in respected annotated figures.Under the second interpretation, the first member is interpreted to be the cam 13 and the second member is interpreted to be cup 10 and set screws 19 shown in respected annotated figures.
Under the third interpretation, the first member is interpreted to be the cam 13 and the second member is interpreted to be set screws 19 and the body is interpreted to be cup 10 shown in respected annotated figures.
Under the fourth interpretation, the first member is interpreted to be inner portion of cup 10 located inside annular edge 26 and set screws 19, the second member is interpreted to be the cam 13 and the body is interpreted to be the annular edge 26 shown in respected annotated figures.
Claim 1 recites a tool that is used for installation of sprinkler. More limiting the features and relationship between the sprinkler and the tool mount to mere components associated with the intended use of the recited device. See, e.g., In re Schreiber, 128 F.3d 1473, 1477, 44 USPQ2d 1429, 1431 (Fed. Cir. 1997) (anticipation rejection affirmed based on Board’s factual finding that the reference dispenser (a spout disclosed as useful for purposes such as dispensing oil from an oil can) would be capable of dispensing popcorn in the manner set forth in appellant’s claim 1 (a dispensing top for dispensing popcorn in a specified manner)) and cases cited therein. See also MPEP § 2112 - MPEP § 2112.02. Thus, the prior art only needs to teach the recited components of the tool.Markiewicz under the first interpretation teaches (reproduced and annotated Figs. below) a tool, comprising: a first member (first member comprises cup 10 and set screws 19) defining an axis (central axis 20) and comprising a first surface transverse to the axis, the first surface comprising at least one first opening; a second member (cam 13) comprising a second surface in contact with the first surface, the second surface comprising at least one second opening (curved top opening); and at least one bearing (ball bearing 18) between the at least one first opening and the at least one second opening, the at least one bearing to engage the at least one first opening and the at least one second opening such that a torque applied to the first member to cause the first member to rotate about the axis relative to the second member causes the second member to rotate with the first member responsive to the torque being less than a target torque of rotation of a workpiece (col. 5, lines 21-27; col. 3, line 23-col. 4, line 6). Tool of Markiewicz is used for removing oil filters and teaches all claimed structural limitations and therefore is capable of intended use of removing sprinklers with special type and size.
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Regarding claim 3, Markiewicz under the first interpretation teaches (reproduced and annotated Figs. above) a spring on an opposite side (lower side of cam 13) of the second member from the at least one bearing to apply a spring force on the second member towards the first member to frictionally engage the at least one bearing with the first surface and the second surface.
Regarding claim 4, Markiewicz under the first interpretation teaches (reproduced and annotated Figs. above) a spring on an opposite side (lower side of cam 13) of the second member from the at least one bearing to apply a spring force on the second member towards the first member to frictionally engage the at least one bearing with the first surface and the second surface; a locking member coupled with the second member to compress the spring against the second member.
Regarding claim 8, Markiewicz under the first interpretation teaches (reproduced and annotated Figs. above) the at least one first opening and the at least one second opening each define an angled surface such that rotation of the first member around the axis causes a force along the axis to be transmitted from the first member to the second member.
Claim 1 recites a tool that is used for installation of sprinkler. More limiting the features and relationship between the sprinkler and the tool mount to mere components associated with the intended use of the recited device. See, e.g., In re Schreiber, 128 F.3d 1473, 1477, 44 USPQ2d 1429, 1431 (Fed. Cir. 1997) (anticipation rejection affirmed based on Board’s factual finding that the reference dispenser (a spout disclosed as useful for purposes such as dispensing oil from an oil can) would be capable of dispensing popcorn in the manner set forth in appellant’s claim 1 (a dispensing top for dispensing popcorn in a specified manner)) and cases cited therein. See also MPEP § 2112 - MPEP § 2112.02. Thus, the prior art only needs to teach the recited components of the tool.Markiewicz under the second interpretation teaches (reproduced and annotated Figs. below) a tool, comprising: a first member (cam 13) defining an axis (central axis 20) and comprising a first surface (top flat surface) transverse to the axis, the first surface comprising at least one first opening (curved top opening); a second member (second member comprises cup 10 and set screws 19) comprising a second surface in contact with the first surface, the second surface comprising at least one second opening (conical shaped opening); and at least one bearing (ball bearing 18) between the at least one first opening and the at least one second opening, the at least one bearing to engage the at least one first opening and the at least one second opening such that a torque applied to the first member to cause the first member to rotate about the axis relative to the second member causes the second member to rotate with the first member responsive to the torque being less than a target torque of rotation of a workpiece (col. 5, lines 21-27; col. 3, line 23-col. 4, line 6). Tool of Markiewicz is used for removing oil filters and teaches all claimed structural limitations and therefore is capable of intended use of removing sprinklers with special type and size.
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Regarding claim 5, Markiewicz under the second interpretation teaches (reproduced and annotated Figs. above and below) the first surface comprises a channel extending circumferentially around the first surface, the at least one first opening defined into the first member from the channel.
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Regarding claim 6, Markiewicz under the second interpretation teaches (reproduced and annotated Figs. 14-15 above) at least one of the at least one bearing and the at least one first opening defines an asymmetric surface (the first opening has an asymmetric surface).
Regarding claim 7, Markiewicz under the second interpretation teaches (reproduced and annotated Figs. above) the first member defines a tool receiver (square hole 17) to receive a tool to rotate the first member about the axis (col. 5, line 17-20: “drive extension 16 may be inserted through cam 60 into squared hole 17. Ratchet 102 can rotate about central axis 20 in a tightening manner in a clockwise direction”).
Claim 1 recites a tool that is used for installation of sprinkler. More limiting the features and relationship between the sprinkler and the tool mount to mere components associated with the intended use of the recited device. See, e.g., In re Schreiber, 128 F.3d 1473, 1477, 44 USPQ2d 1429, 1431 (Fed. Cir. 1997) (anticipation rejection affirmed based on Board’s factual finding that the reference dispenser (a spout disclosed as useful for purposes such as dispensing oil from an oil can) would be capable of dispensing popcorn in the manner set forth in appellant’s claim 1 (a dispensing top for dispensing popcorn in a specified manner)) and cases cited therein. See also MPEP § 2112 - MPEP § 2112.02. Thus, the prior art only needs to teach the recited components of the tool.Markiewicz under the third interpretation teaches (reproduced and annotated Figs. below) a tool, comprising: a first member (cam 13) defining an axis (central axis 20) and comprising a first surface (top flat surface) transverse to the axis, the first surface comprising at least one first opening (curved top opening); a second member (set screws 19) comprising a second surface (lower bottom surface) in contact with the first surface (the first and second surfaces are very near each other),
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the second surface comprising at least one second opening (conical shaped opening); and at least one bearing (ball bearing 18) between the at least one first opening and the at least one second opening, the at least one bearing to engage the at least one first opening and the at least one second opening such that a torque applied to the first member to cause the first member to rotate about the axis relative to the second member causes the second member to rotate with the first member responsive to the torque being less than a target torque of rotation of a workpiece (col. 5, lines 21-27; col. 3, line 23-col. 4, line 6). Tool of Markiewicz is used for removing oil filters and teaches all claimed structural limitations and therefore is capable of intended use of removing sprinklers with special type and size.
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Regarding claim 2, Markiewicz under the third interpretation teaches (reproduced and annotated Figs. above) a body (cup 10) around the first member and the second member, the body extending from a first end (lower end) defining a first body opening (lower opening in which cam 13, spring and locking member are inserted into) adjacent to the first member to a second end (upper end) to engage at least one of the sprinkler (this is intended use of the device. In device of Markiewicz, body/cup 10 engages an oil filter 11 and is capable of engaging a sprinkler with special size) and a wrench (a wrench/ratchet 102 is connected to the second end via drive extension 16).
Regarding claim 17, Markiewicz under the third interpretation teaches (reproduced and annotated Figs. below) a tool, comprising: a first member (cam 13) defining an axis (central axis 20) and comprising a first surface (top flat surface) transverse to the axis, the first surface comprising at least one first opening (curved top opening); a second member (set screws 19) comprising a second surface (lower bottom surface) in contact with the first surface (the first and second surfaces are very near each other),
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the second surface comprising at least one second opening (conical shaped opening); and at least one bearing (ball bearing 18) between the at least one first opening and the at least one second opening, a body (cup 10) around the first member and the second member.
Regarding claim 19, Markiewicz under the third interpretation teaches (reproduced and annotated Figs. above) the first surface comprises a channel extending circumferentially around the first surface, the at least one first opening defined into the first member from the channel; at least one of the at least one bearing and the at least one first opening defines an asymmetric surface (the first opening has an asymmetric surface).
Regarding claim 20, Markiewicz under the third interpretation teaches (reproduced and annotated Figs. above) the at least one first opening and the at least one second opening each define an angled surface such that rotation of the first member around the axis causes a force along the axis to be transmitted from the first member to the second member.
Regarding claim 9, Markiewicz under the third interpretation teaches (reproduced and annotated Figs. below) a kit, comprising: a tool (5), a first member (cam 13) defining an axis (central axis 20) and comprising a first surface (top flat surface) transverse to the axis, the first surface comprising at least one first opening (curved top opening); a second member (set screws 19) comprising a second surface (lower bottom surface) in contact with the first surface (the first and second surfaces are very near each other),
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the second surface comprising at least one second opening (conical shaped opening); and at least one bearing (ball bearing 18) between the at least one first opening and the at least one second opening; a drive to rotate the first member; and a wrench (ratchet 102) to couple with the tool and with a sprinkler (oil filter). Tool of Markiewicz is used for removing oil filters and teaches all claimed structural limitations and therefore is capable of intended use of removing sprinklers with special type and size.
Regarding claim 10, Markiewicz under the third interpretation teaches (reproduced and annotated Figs. above) a body (cup 10) around the first member and the second member, the body extending from a first end (lower end) defining a first body opening (lower opening in which cam 13, spring and locking member are inserted into) adjacent to the first member to a second end (upper end),the first body opening to receive the drive (this is intended use of the device. In device of Markiewicz, body/cup 10 engages an oil filter 11 and is capable of engaging a sprinkler with special size), the second end to couple with the wrench (a wrench/ratchet 102 is connected to the second end via drive extension 16).
Regarding claim 13, Markiewicz under the third interpretation teaches (reproduced and annotated Figs. above) the first surface comprises a channel extending circumferentially around the first surface, the at least one first opening defined into the first member from the channel.
Regarding claim 14, Markiewicz under the third interpretation teaches (reproduced and annotated Figs. above) at least one of the at least one bearing and the at least one first opening defines an asymmetric surface (the first opening has an asymmetric surface).
Regarding claim 15, Markiewicz under the third interpretation teaches (reproduced and annotated Figs. above) the first member defines a tool receiver (square hole 17) to receive the drive (col. 5, line 17-20: “drive extension 16 may be inserted through cam 60 into squared hole 17. Ratchet 102 can rotate about central axis 20 in a tightening manner in a clockwise direction”).
Regarding claim 16, Markiewicz under the third interpretation teaches (reproduced and annotated Figs. above) the at least one first opening and the at least one second opening each define an angled surface such that rotation of the first member around the axis causes a force along the axis to be transmitted from the first member to the second member.
Regarding claim 9, Markiewicz under the first interpretation teaches (reproduced and annotated Figs. above) a kit, comprising: a tool (5), a first member (first member comprises cup 10 and set screws 19) defining an axis (central axis 20) and comprising a first surface transverse to the axis, the first surface comprising at least one first opening; a second member (cam 13) comprising a second surface (top flat surface) in contact with the first surface, the second surface comprising at least one second opening (curved top opening); and at least one bearing (ball bearing 18) between the at least one first opening and the at least one second opening; a drive (drive extension 16 ) to rotate the first member (rotation of the dive extension 16 rotates the second member 13 because of square engagement between them’ rotation of the second member 13 rotates the first member 10, 19); and a wrench (ratchet 102) to couple with the tool and with a sprinkler (oil filter). Tool of Markiewicz is used for removing oil filters and teaches all claimed structural limitations and therefore is capable of intended use of removing sprinklers with special type and size.
Regarding claim 11, Markiewicz under the first interpretation teaches (reproduced and annotated Figs. above) a spring on an opposite side (lower side of cam 13) of the second member from the at least one bearing to apply a spring force on the second member towards the first member to frictionally engage the at least one bearing with the first surface and the second surface.
Regarding claim 12, Markiewicz under the first interpretation teaches (reproduced and annotated Figs. above) a spring on an opposite side (lower side of cam 13) of the second member from the at least one bearing to apply a spring force on the second member towards the first member to frictionally engage the at least one bearing with the first surface and the second surface; a locking member coupled with the second member to compress the spring against the second member.
Regarding claim 17, Markiewicz under the forth interpretation teaches (reproduced and annotated Figs. below) a tool, comprising: a first member (inner portion of cup 10 located inside annular edge 26 and set screws 19) defining an axis (central axis 20) and comprising a first surface (transverse to the axis, the first surface comprising at least one first opening (ball locating groove inside 19); a second member (cam 13) comprising a second surface (upper flat surface) in contact with the first surface, the second surface comprising at least one second opening (upper curved opening); and at least one bearing (ball bearing 18) between the at least one first opening and the at least one second opening, a body (annular edge 26 of cup 10) around the first member and the second member.
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Regarding claim 18, Markiewicz under the forth interpretation teaches (reproduced and annotated Figs. above) a spring on an opposite side (lower side) of the second member from the at least one bearing to apply a spring force on the second member towards the first member to frictionally engage the at least one bearing with the first surface and the second surface; a locking member coupled with the second member to compress the spring against the second member.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Liu (CN 112847227 B) teaches a bearing 65 tool having a biasing second member 62 and a first member 63; and a body 61 around the first and second members.
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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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MAHDI H. NEJAD
Examiner
Art Unit 3723
/MAHDI H NEJAD/Primary Examiner, Art Unit 3723
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