DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Priority
2. Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
3. The information disclosure statement (IDS) submitted on 1/8/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Response to Amendment
4. Acknowledgement is made of the preliminary amendment(s) filed 1/8/2024.
Claim Interpretation
5. The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
Regarding claim 1 the recitation, “…means to compensate for the deviations of the value of the received angle signal of the gyroscope,” is interpreted as invoking 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. Examination of the specification identifies page 5 lines 10-25 as the corresponding structure, material, or acts that perform the entire claimed function and links the structure, material, or acts to the function.
Claims 2 and 6 the recitation(s) “said means” are also being interpreted as invoking 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph based on their dependency of claim 1.
Claim Rejections - 35 USC § 112
6. The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1, 3 and 9 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 1 the recitation “…the tool is intended to act can be alternatively engaged perform a tightening operation,” is an indefinite and / or relative phrase and raises the question as to whether the claimed valve is “alternatively engaged” or not?
An alternate claim draft is herein suggested, “…on which the tool alternatively engages the performance of a tightening operation….”.
Regarding claim 3 the recitation “…the table can also be obtained or corrected…,”, is an indefinite and / or relative phrase and raises the question as to whether the claimed “table” is obtained or not?
An alternate claim draft is herein suggested, “…in which the table is obtainable or corrected….”.
Claims 2 & 4-8 are rejected based on their dependency of rejected claim 1.
7. Claim 9 recites the limitation "the temperature sensor” in line 16. There is insufficient antecedent basis for this limitation in the claim.
8. Claim 10 recites the limitation "the cyclic repetition" in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claim 10 recites the limitation "the zero-angle signal" in lines 6-7. There is insufficient antecedent basis for this limitation in the claim.
Allowable Subject Matter
9. Claims 1, 9 & 10 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter:
BOCCELLATO (WO 2012069936 A1) discloses a torque wrench comprising an electronic gyroscope a temperature sensor, a torque transducer and a logic unit able to process the data detected by the said components. Wrench equipped with said apparatus and method of use thereof. (Abstract)
King et al (US 10836020 B2) discloses a method of operation of a tool that includes one or more sensors. At least one sensor measures angular rates of rotation over both a yaw axis and a roll axis simultaneously. The method includes determining, for example, by a processor/controller of the tool, a rotational angle and tilt of the tool using the angular rates of rotation. Another sensor measures a torque of the tool, and the method further includes determining an actual fastener torque based on the rotational angle, the tilt, and the measured torque. (Summary)
Farag (US 20080127711 A1) discloses a force / torque wrench that comprises a calibration medium runs calibration of the device when a calibration force is applied. (Abstract)
Regarding clam 1, the cited pertinent art does not anticipate nor render obvious a torque wrench that comprises an electronic processing unit of a torque that includes means to compensate for deviations of a value of a received angle signal of a gyroscope, based on a compensation algorithm that corrects the value of a zero-angle signal received from the gyroscope.
Claims 2 & 4-8 would be allowable based on their dependency of claim 1.
Regarding claim 9 the cited pertinent art does not anticipate nor suggest a torque wrench compensation method comprising a tightening phase carried out with a torque in which the torque rotates and the signal stored in this table is subtracted from the value of an angle signal received instant by instant during rotation by the gyroscope at a current temperature measured by the temperature sensor of the torque or gyroscope.
Regarding claim 10 the cited pertinent art does not anticipate nor render obvious a torque wrench comprising compensation method that comprises when an increase in a received angle signal value is greater than a pre-set increment threshold, increment a counter and when a decrement of the received angle signal value is greater than a pre-set decrement threshold, decrement the same counter, if the counter exceeds a positive upper limit or a negative lower limit, the previously stored offset is increased which will be added or subtracted from the last detected value and reset the value of the counter.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 20250375860 A1 Electronic Torque Wrench with Automatic Moment Arm Length Determination
US 20230390904 A1 TIGHTENING TOOL EQUIPPED WITH A TIGHTENING QUALITY CONTROL DEVICE
US 10836020 B2 Tilt compensated torque-angle wrench
US 7565844 B2 Torque-angle instrument
US 20080127711 A1 Device for measuring force applied to structure, comprises force applying medium and force sensor medium for generating electrical signal in response to force applying medium, where processor medium controls functions of device
EP 1022097 A2 Torque wrench with angle sensor without external reference
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDRE J ALLEN whose telephone number is (571)272-2174. The examiner can normally be reached Mon-Fri. 9am-5PM.
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/ANDRE J ALLEN/Primary Examiner, Art Unit 2855