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 .
Examiner’s Comments
This office action is in response to the application filed on 3/1/2024.
Claims 1-10 are pending.
Claim Rejections - 35 USC § 103
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 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-9 are rejected under 35 U.S.C. 103 as being unpatentable over
Bone (US 2003/0095842) in view of Izumisawa (US 6311583).
With regard to claim 1, Bone discloses an angle-adjustable ratchet tool (2), comprising: a body (8, 12) comprising: a handle portion (6), comprising: a connection (36, 38) to an energy source; and a switch (30, 32) connected to the energy source (34); a motor housing portion (12) rotatably attached to the handle portion (6) at a hinge point (78), the motor housing portion (4) comprising: a motor (16) connected to the energy source (34); and a head (20) mechanically connected to the motor (16) and having a tip (as shown in fig.4), the tip (28) oriented to rotate about an axis orthogonal to an axis of rotation of the motor (16); wherein the switch (30, 32) is configured to provide energy to the motor from the energy source when the switch is pressed; and wherein the motor housing portion (4) is configured to rotate at the hinge point (78) with respect to the handle portion (6) except for at a total angle of travel of at least ±20°.
Izumisawa teaches an angle-adjustable ratchet tool (33, 61) including a different angle of pivot/rotation deemed of at least ±20° (see fig.1).
In view of Izumisawa teaching, it would have been obvious to one having ordinary skill in the art at the time filing to modify Bone with the travel angle of at least ±20° for the purpose of angularly positioning the tool relative to the handle during use (Abstract).
With regard to claim 2, modified Bone discloses an angle-adjustable ratchet tool (2), wherein the switch (32) comprises a trigger (30) configured to rotate about a hinge point (76) fixedly attached to the handle portion (16).
With regard to claim 3, modified Bone discloses an angle-adjustable ratchet tool (2), wherein the handle portion (6) further comprises at least one button (40) configured to prevent the motor housing portion (4) from rotating about the hinge point (76) when the at least one button is in a locked position, and to allow the motor housing portion (4) to rotate about the hinge point (76) when the at least one button (40) is in an unlocked position.
With regard to claim 4, modified Bone discloses an angle-adjustable ratchet tool (2), wherein the energy source is a battery (34).
With regard to claim 5, modified Bone discloses an angle-adjustable ratchet tool (2), wherein the battery (34) is a rechargeable, removable battery.
With regard to claim 6, modified Bone discloses an angle-adjustable ratchet tool (2), further comprising a directional switch (44) positioned on the head.
With regard to claim 7, modified Bone discloses an angle-adjustable ratchet tool (2), wherein the directional switch (44) is configured to change the direction of rotation of the motor (16).
With regard to claim 8, modified Bone discloses an angle-adjustable ratchet tool (2), wherein the motor (16) is an alternating-current or direct-current electric motor.
With regard to claim 9, modified Bone discloses an angle-adjustable ratchet tool (2), wherein the motor (16) is a pneumatically (Izumisawa fig.1) actuated motor and the energy source is a source of pressurized gas.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over
Bone (US 2003/0095842) in view of Izumisawa (US 6311583) and further in view of Nowak Jr. et al. (US 6547015) hereinafter (Nowak).
With regard to claim 10, modified Bone discloses an angle-adjustable ratchet tool (2), except for at least one grip element positioned on the handle portion. However, Nowak teaches an angled wrench ratchet including at least one grip element (27) positioned on the handle portion (12).
Therefore, it would have been obvious to one having ordinary skill in the art at the time of filing to modify Bone tool handle with a grip element in order to provide non-slip and cushion handle. Further, grip element on the tool handle is within the engineering purview of the skilled artisan, and does not provide unexpected result.
Conclusion
Refer to attachment for notice of references cited and recommended for
consideration based on their disclosure of limitations of the claimed invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NATHANIEL C. CHUKWURAH whose telephone number is (571)272-4457. The examiner can normally be reached M-F & T-F 7-4:30 IFP.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anna Kinsaul can be reached at 571-260-1926. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NATHANIEL C CHUKWURAH/Primary Examiner, Art Unit 3731
7/7/2026
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