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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
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Claim and 23 is finally rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kash (2,489,895).
Kash discloses all of the limitations of claim 23, i.e., a hand tool comprising:
a handle assembly comprising a top handle 5 and a bottom handle 2;
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[AltContent: arrow][AltContent: textbox (SHOULDER)]a jaw assembly comprising a top jaw 5a and a bottom jaw 1, 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. 2, adjustable overcenter locking pliers; and
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[AltContent: arrow][AltContent: arrow][AltContent: textbox (SUBSTANTIALLY EQUAL WIDTH)]an adjustment assembly 3 configured to change a bite size defined by the jaw assembly; a locking lever 10 and a locking spring 9, wherein the locking lever comprises a body portion that extends substantially within a channel Fig. 3 formed in the bottom handle and an unlocking tab 13 that extends beyond a distal end of the bottom handle Fig. 2 that is operable to actuate the locking assembly, and
wherein a shoulder portion annotated partial Figs. 2 having a width substantially equal to a width of the bottom handle @annotated partial Fig. 3 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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1, 4, 7, 11 are finally 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 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, except for the top handle to comprise a bite size indicator disposed between the first and second adjusters and facing the bottom handle to visually indicate a bite size of the jaw assembly, and
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 marking indicates a distance proportional to a distance between distal ends of top and
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bottom jaws.
Wang teaches an adjustable pliers having a jaw opening size indicator 25, 251 disposed between the first and second adjusters and facing the bottom handle to visually indicate a bite size of the jaw assembly and 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.
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 4, PA (prior art, Chervenak modified by Wang) 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.
Claims 5 and 6 are finally rejected under 35 U.S.C. 103 as being unpatentable over PA in view of Hyma et al. (9,492,911 “Hyma”).
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PA (prior art, Chervenak modified by Wang) 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, 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 the adjuster 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 claim 6, PA (prior art, Chervenak modified by Wang and Hyma) meets the limitations, i.e., the hand tool of claim 5, 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.
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Claim 10 is finally rejected under 35 U.S.C. 103 as being unpatentable over PA et al. in view of Kash.
PA (prior art, Chervenak modified by Wang) meets all of the limitations of claim 10, except for the particulars of the locking assembly.
Kash teaches an adjustable pliers comprising a locking assembly including a locking lever 10 and a locking spring 9, wherein the locking lever comprises a body portion Figs. 2&3 that extends substantially within a channel formed in the bottom handle 2 and an unlocking tab 13 that is operable to actuate the locking assembly, and
wherein a shoulder portion annotated Fig. 2 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 PA with the springs as taught by Wang to enhance the operation by readily self-adjust to the size of a workpiece.
Claims 14-16 and 18 are finally 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 14, i.e., a hand tool comprising:
a handle assembly comprising a top handle 111/112 and a bottom handle 116/119;
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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, except for the second adjuster to be affixed to the adjustment rod via a radially extending pin that passes through the second adjuster and into a portion of 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, Figs. 5&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.
Regarding claim 15, PA (prior art, Chervenak modified by Valencia) 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 16, PA as applied to claim 14 meets the duplicated limitations, e.g., radially extending securing pin.
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.
Claims 9, 17 are finally rejected under 35 U.S.C. 103 as being unpatentable over PA in view of Kash (2,489,895).
PA (prior art, Chervenak modified by Wang or Valencia) meets all of the limitations of claims 9 and 17, 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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Kash teaches an adjustable pliers comprising a torsion spring 15 disposed between a bottom jaw 1 and a cross link 3 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 torsion spring as taught by Kash to enhance the operation by readily self-adjust to the size of a workpiece.
Claims 19-22 are finally 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 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,
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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.
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 15 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 spring 15 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 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 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.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Response to Arguments
Applicant's arguments filed June 17, 2026 have been fully considered but they are not persuasive.
With regards to the rejections of claim 1, Applicant argues that the combination of Chervenak and Wang fails to meet the claim as now amended. Examienr, respectfully disagrees. Claim 1 as now amended incorporates limitations of previously presented claims 2 and 3 and the newly added limitation of “facing the bottom handle”. Applicant states that as seen in Fig. 1, the size indicator is facing the bottom handle, whereas in teaching reference Wang, the indicator is on the side of the handle. Examienr, respectfully disagrees. Firstly, the limitation of “facing the bottom handle” is newly introduced and Applicant in support of this feature points to Fig. 1. Fig. 1 is a side view of the tool, as described in the specification as originally filed, see, e.g., description of the drawings. Further the indicator or scales 251 as disclosed by Wang, which is located on the side of the handle (similar to instant Fig. 1), also has marking that face or extend towards the bottom handle, as defined per instant application.
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[AltContent: arrow][AltContent: textbox (RADIALLY EXTENDING PIN)]With regards to the rejections of claim 14 over the combination of Chervenak and Valencia, Applicant argues that Valencia fails to disclose for the pin to secure or affix the adjuster to the adjustment rod and that Fig. 6 fails to disclose this feature. Examienr, respectfully disagrees. While the cross-sectional view of Fig. 6 (taken along the line 6-6 of Fig. 5), does not explicitly disclose this feature, Fig. 5, shown here, clearly discloses for the radially extending pin annotated here to pass through the adjustment rod 50 to fixedly secure the adjustment wheel or adjuster 56 to the rod 50.
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With regards to the rejections of claim 19 over the combination of Chervenak and Wang`362, Applicant argues that Wang fails to disclose for a spring disposed between the bottom jaw and the cross link to assist increasing the bite size via rotation of the adjuster with a same hand that grips the hand tool. Examienr, respectfully disagrees. Wang`362 clearly discloses a spring 24 between the bottom jaw 24 and the link 23 as shown in the Figs. 2 and 3. It appears that Applicant is arguing for limitations not recited. In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (e.g., a torsion spring directly biasing against the bottom jaw and the link) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). Please note that said feature is disclosed in applied reference Kash.
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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/Hadi Shakeri/
September 16, 2026 Primary Examiner, Art Unit 3723
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