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 .
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.
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Claims 1, 4, 7, 11, 14, 15 and 18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chervenak et al. (8,776,646 “Chervenak”).
Chervenak discloses all of the limitations of claim 1, i.e., a hand tool comprising:
a handle assembly comprising a top handle 111/112 and a bottom handle 116/119;
a jaw assembly comprising a top jaw 113 and a bottom jaw 117, the top and bottom jaws being operably coupled to the top and bottom handles to compress the top and bottom jaws toward each other responsive to compression of the top and bottom handles toward each other Figs. 1-5, adjustable overcenter locking pliers; and
an adjustment assembly Fig. 14 that is adjusted to change a bit size defined by the jaw assembly,
wherein the adjustment assembly comprises a first adjuster 152 disposed at a distal end of the top handle Fig. 14, a second adjuster 158 disposed at a point between a middle portion and proximal end of the top handle Fig. 14, and an adjustment rod 150 operably coupled via 154, 166, 150 to each of the first and second adjusters 152, 158 and a cross link 122 extending between a portion of the bottom jaw 117 or bottom handle 119 and the adjustment rod 150, Fig. 14,
wherein rotating either the first adjuster 152 or the second adjuster 158 correspondingly rotates the adjustment rod to change a point of intersection of the cross link and the adjustment rod along a longitudinal length of the adjustment rod 06:34-40 without moving the adjustment rod along a longitudinal axis of the top handle 06:56-61.
Regarding claim 4, PA (prior art, Chervenak) meets the limitations, i.e., the hand tool of claim 1, wherein an adjustment rod interface member 166 operably couples the cross link 150 to the adjustment rod, and wherein the adjustment rod interface member 166 comprises a threaded channel 168 in threaded engagement with the adjustment rod.
Regarding claim 7, PA meets the limitations, i.e., the hand tool of claim 1, wherein the second adjuster 158 extends through a window portion 166 disposed in the top handle Fig. 14, and wherein the second adjuster 158 exerts a force reaction force on the top handle at the window portion responsive to rotation of the adjustment rod to change the point of intersection of the cross link and the adjustment rod.
Regarding claim 11, PA meets the limitations, i.e., the hand tool of claim 1, meeting the narrative/functional language of wherein the bite size is adjustable while a grip hand of an operator engages the top and bottom handles via only the grip hand using the second adjuster 158, and via adjustment of the first adjuster 152 using a non-grip hand of the operator.
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CLAIM 14
Chervenak meets all of the limitations of claim 14, i.e., a hand tool comprising:
a handle assembly comprising a top handle 111/112 and a bottom handle 116/119;
a jaw assembly comprising a top jaw 113 and a bottom jaw 117, the top and bottom jaws being operably coupled to the top and bottom handles to compress the top and bottom jaws toward each other responsive to compression of the top and bottom handles toward each other Figs. 1-5, adjustable overcenter locking pliers; and
an adjustment assembly Fig. 14 configured to enable a grip size defined by the jaw assembly to be modified,
wherein the adjustment assembly comprises a first adjuster 152 disposed at a distal end of the top handle Fig. 14, a second adjuster 158 disposed at a point between a middle portion and proximal end of the top handle Fig. 14, and an adjustment rod 150 operably coupled via 154, 166, 150 to each of the first and second adjusters 152, 158 and a cross link 122 extending between a portion of the bottom jaw 117 or bottom handle 119 and the adjustment rod 150, Fig. 14,
wherein the second adjuster 158 extends through a window portion 160 disposed in the top handle Fig. 14, meeting the narrative/functional language of wherein the second adjuster exerts a force on the top handle at the window portion 166 moving along 150 responsive to rotation of the adjustment rod to change a point of intersection of the cross link and the adjustment rod 150 along a longitudinal length of the adjustment rod to change the bite size.
Regarding claim 15, PA meets the limitations, i.e., the hand tool of claim 14, wherein an adjustment rod interface member 166 operably couples the cross link 122 to the adjustment rod 150, and wherein the adjustment rod interface member 166 comprises a threaded channel 168 in threaded engagement with the adjustment rod.
Regarding claim 18, PA meets the limitations, i.e., the hand tool of claim 14, meeting the narrative/functional language of wherein the bite size is adjustable while a grip hand of an operator engages the top and bottom handles via only the grip hand using the second adjuster 158, and via adjustment of the first adjuster 152 using a non-grip hand of the operator.
Claim 23 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Petersen (2,853,910).
Petersen discloses all of the limitations of claim 23, i.e., a hand tool comprising:
a handle assembly comprising a top handle 10 and a bottom handle 21;
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a jaw assembly comprising a top jaw 11 and a bottom jaw 13, the top and bottom jaws being operably coupled to the top and bottom handles to compress the top and bottom jaws toward each other responsive to compression of the top and bottom handles toward each other Fig. 1, adjustable overcenter locking pliers; and
an adjustment assembly 23 configured to change a bite size defined by the jaw assembly;
a locking lever 32 and a locking spring 34, wherein the locking lever comprises a body portion @30 that extends substantially within a channel formed in the bottom handle 21, Fig. 2 and an unlocking tab 37 that is operable to actuate the locking assembly, and
wherein a shoulder portion @40, 39 or 31 is disposed at a transition between the body portion and the unlocking tab meeting the narrative/functional language of to provide tactile feedback to an operator of the hand tool to indicate a location at which the unlocking tab interfaces with the bottom handle when the locking assembly is actuated.
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 2 and 3 are rejected under 35 U.S.C. 103 as being unpatentable over Chervenak et al. (8,776,646 “Chervenak”) in view of Wang. (2003/0196526).
Chervenak meets all of the limitations of claim 2, except for the top handle to comprise a bite size indicator disposed between the first and second adjusters to visually indicate a bite size of the jaw assembly.
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Wang teaches an adjustable pliers having a jaw opening size indicator 25, 251 disposed between the first and second adjusters to visually indicate a bite size of the jaw assembly. It would have been obvious to one of ordinary skill in the art, before the effective date of the invention, to modify the invention of Chervenak with the size indicator as taught by Wang to enhance the tool with jaw opening scales indicating a distance between the tips of the jaws.
Regarding claim 3, PA (prior art, Chervenak modified by Wang) meets the limitations, i.e., the hand tool of claim 2, wherein the bite size indicator comprises graduated markings 251 disposed along a portion of the top handle 112 extending forward of the first adjuster 152, and meeting the narrative/functional language of wherein a point of intersection of the cross link or an adjustment rod interface member that operably couples the cross link to the adjustment rod with the graduated markings indicates a distance proportional to a distance between distal ends of top and bottom jaws Wang Figs. 2 and 6.
Claims 5, 6, 12 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Chervenak et al. (8,776,646 “Chervenak”) in view of Hyma et al. (9,492,911 “Hyma”).
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Chervenak meets all of the limitations of claim 5, except for the adjuster to comprise an eyelet and meets all of the limitations of claim 12, i.e., a hand tool comprising:
a handle assembly comprising a top handle 111/112 and a bottom handle 116/119;
a jaw assembly comprising a top jaw 113 and a bottom jaw 117, the top and bottom jaws being operably coupled to the top and bottom handles to compress the top and bottom jaws toward each other responsive to compression of the top and bottom handles toward each other Figs. 1-5, adjustable overcenter locking pliers; and
an adjustment assembly Fig. 14 that is adjusted to change a bit size defined by the jaw assembly, wherein the adjustment assembly comprises an adjustment rod 150, an cross link 122 extending between a portion of the bottom jaw 117 or bottom handle 119 and the adjustment rod 150, Fig. 14,
152 correspondingly rotates the adjustment rod 150 to change a point of intersection of the cross link 122 and the adjustment rod along a longitudinal length of the adjustment rod Fig. 14 without moving the adjuster axially toward or away from the distal end of the top handle, except for the adjuster to comprise an eyelet from which the hand tool is suspendable via a tether.
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Hyma teaches an adjustable pliers with an adjuster 66 having an eyelet 110. It would have been obvious to one of ordinary skill in the art, before the effective date of the invention, to modify the invention of Chervenak with the eyelet as taught by Hyma to hang the tool when not in use.
Regarding claims 6 and 13, PA (prior art, Chervenak modified by Hyma) meets the limitations, i.e., the hand tool of claim 12, wherein the adjustment rod 150 Chervenak extends out of the top handle through a collar @123, Fig. 13 Chervenak, and wherein the adjuster eyelet 152 modified Chervenak is disposed proximate to the collar 166 and relative position of the adjuster 152 and collar 123 is substantially constant during rotation of the adjuster 152 to prevent withdrawal of the adjustment rod 150 or the adjuster 152 from engagement with the top handle annular collar 123, Fig. 13, fixedly formed.
Claims 8 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Chervenak et al. (8,776,646 “Chervenak”) in view of Valencia (8,024,998).
Chervenak meets all of the limitations of claim 8 or 16, except for the means of coupling the second adjuster with the adjustment rod.
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Valencia teaches an adjustable pliers comprising a stationary adjuster 56 affixed to an adjustment rod 50 via a radially extending pin not numbered, Fig. 6 that passes through the stationary/second adjuster 56 and into a portion of the adjustment rod 50. It would have been obvious to one of ordinary skill in the art, before the effective date of the invention, to modify the invention of Chervenak with the size indicator as taught by Wang to enhance the tool with jaw opening scales indicating a distance between the tips of the jaws.
Claims 9, 17 and 19-22 are rejected under 35 U.S.C. 103 as being unpatentable over Chervenak et al. (8,776,646 “Chervenak”) in view of Wang (6,012,362).
Chervenak meets all of the limitations of claims 9 and 17, except for a torsion spring and meets all of the limitations of claim 19, i.e., a hand tool comprising:
a handle assembly comprising a top handle 111/112 and a bottom handle 116/119;
a jaw assembly comprising a top jaw 113 and a bottom jaw 117, the top and bottom jaws being operably coupled to the top and bottom handles to compress the top and bottom jaws toward each other responsive to compression of the top and bottom handles toward each other Figs. 1-5, adjustable overcenter locking pliers; and
an adjustment assembly Fig. 14 configured to enable a grip size defined by the jaw assembly to be modified,
wherein the adjustment assembly comprises an adjuster 158 accessible through a window portion 160 disposed in the top handle 112, Fig. 14, an adjustment rod 150 operably coupled to the adjuster Fig. 14 to rotate with the adjuster, and a cross link 122 extending between a portion of the bottom jaw or bottom handle and the adjustment rod Fig. 14, except for a torsion spring to be disposed between the bottom jaw and the cross link to assist increasing and decreasing the bite size via rotation of the adjuster with a same hand that grips the hand tool.
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Wang teaches an adjustable pliers comprising a main torsion spring 24 and auxiliary springs 2562 and 2571 disposed between a bottom jaw 26 and a cross link 23 to enhance the operation. It would have been obvious to one of ordinary skill in the art, before the effective date of the invention, to modify the invention of Chervenak with the springs as taught by Wang to enhance the operation by readily self-adjust to the size of a workpiece.
Regarding claim 20, PA (prior art, Chervenak modified by Wang) meets the limitations, i.e., the hand tool of claim 19, meeting the narrative/functional language of wherein the torsion spring has a neutral position and is operably coupled to the bottom jaw and cross link modified Chervenak to be compressed when the bite size is increased and extended via 2562 or 2571 when the bite size is decreased such that the torsion spring is biased to assist both increasing and decreasing the bite size via rotation of the adjuster.
Regarding claim 21, PA (prior art, Chervenak modified by Wang) meets the limitations, i.e., the hand tool of claim 19, wherein the adjuster 158 exerts a force on the top handle at the window portion reaction forces responsive to rotation of the adjustment rod to change a point of intersection of the cross link and the adjustment rod along a longitudinal length of the adjustment rod to change the bite size.
Regarding claim 22, PA (prior art, Chervenak modified by Wang) meets the limitations, i.e., the hand tool of claim 21, wherein an adjustment rod interface member 166 operably couples the cross link 122 to the adjustment rod, wherein the adjustment rod interface member comprises a threaded channel in threaded engagement with the adjustment rod Fig. 14, Chervenak.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Chervenak et al. in view of Petersen.
Chervenak meets all of the limitations of claim 10, except for the particulars of the locking assembly.
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Petersen teaches an adjustable pliers comprising a locking assembly including a locking lever 32 and a locking spring 34, wherein the locking lever comprises a body portion @30 that extends substantially within a channel formed in the bottom handle 21 and an unlocking tab 33 that is operable to actuate the locking assembly, and
wherein a shoulder portion @35, 40 or 31 is disposed at a transition between the body portion and the unlocking tab meeting the narrative/functional language of to provide tactile feedback to an operator of the hand tool to indicate a location at which the unlocking tab interfaces with the bottom handle when the locking assembly is actuated. It would have been obvious to one of ordinary skill in the art, before the effective date of the invention, to modify the invention of Chervenak with the springs as taught by Wang to enhance the operation by readily self-adjust to the size of a workpiece.
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Conclusion
Prior art made of record and not relied upon at this time, are considered pertinent to applicant’s disclosure. Winkler et al. and Sapp are cited to show related inventions.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HADI SHAKERI whose telephone number is (571)272-4495. The fax phone number for forwarding unofficial documents for discussion purposes only is (571) 273-4495. The examiner can normally be reached on M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Keller can be reached on 571 272 8548. The fax number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Hadi Shakeri/
March 7, 2026 Primary Examiner, Art Unit 3723