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 § 112
Claims 1-6 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.
A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claim 1 recites the broad recitation “the value of the second angle minus that of the first angle is ranged between 0.5 and 1.5” and the claim also recites “the value of the second angle minus that of the first angle is ranged between 1.0 and 1.5” which is the narrower statement of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
Allowable Subject Matter
Claims 1-6 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: the present application is drawn to particular features of the engaging portion of the head of a wrench or the opening of a socket.
The examiner notes that US 5,284,073 A to (Wright et al.) provides a socket 10 that includes six (6) side walls 36 and six (6) corner recesses 38. In FIG. 3 an enlarged portion of a socket is shown in relation to axes designated "X" and "Y" which are normal to each other and intersect at the central axis 35 of the socket. Each side wall 36 includes a planar surface 40 and two complimentary surfaces 42 disposed at each end of planar surface 40. Complimentary surfaces 42 diverge outwardly from surface 40 at inflection points 44. In the embodiment shown, complimentary surfaces 42 diverge away from planar surface 40 at a three degree (3.degree.) angle.
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US
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9,718,170 B2 to (Eggert et al.) provides a driving structure of a socket that is similar to that of (Wright et al.).
US 2025/0001563 A1 to (Lee) provides an engaging structure for a hand tool, wherein the engaging structure includes, inter alia, six receiving portions 13 that are not tangent to each of
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the two first arcuate faces 121 (of six drive portions 12).
However, claim 1 differs from (Wright et al), (Eggert et al.), and (Lee) in that there is a first angle is defined between each of the six sides of the first hexagon and the second face; the first angle is ranged between four degrees and five degrees; and, a second angle is defined between each of the six sides of the first hexagon and the third face; the second angle is more than the first angle; the value of the second angle minus that of the first angle is ranged between 0.5 and 1.5; whereas (Wright et al), (Eggert et al.), and (Lee) provide the same angle for each of the six sides and the faces to either side thereof.
This feature is neither disclosed nor suggested by the prior art of record considered as a whole, alone, or in combination.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure as describing engaging features for the opening of a wrench head or a socket that relate to the present application.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to David B. Thomas whose telephone number is (571) 272-4497. The examiner’s e-mail address is: dave.thomas@uspto.gov. The examiner can normally be reached on Mon-Fri 11:30-7:30.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Posigian can be reached on (313) 446-6546. The fax phone number for the organization where this application or proceeding is assigned is (571) 273-8300.
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/David B. Thomas/
Primary Examiner, Art Unit 3723
/DBT/