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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Claim Rejections - 35 USC § 102
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 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.
Claim(s) 1 and 5 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 6,389,931 B1 to (Delaney et al.).
(Delaney et al.) discloses a ratchet wrench structure, comprising: (regarding claim 1), noting the embodiment illustrated in Fig. 18, a handle portion (not labeled) of a breaker bar (Col. 6, lines 66); a head portion (50) connected to the handle portion; a ratchet hole (not labeled) penetrating the head portion and comprising a plurality of first tooth portions (52), and the ratchet hole having a driving axis; a ratchet portion (18) detachably disposed at the ratchet hole, the ratchet portion comprising a plurality of second tooth portions (18), and the second tooth portions corresponding to the first tooth portions (52)(Col. 6, lines 66-67 and Col. 7, lines 1-4); an extending rod (extension 10), wherein a first end of the extending rod is integrally connected to the ratchet portion, and the extending rod extends along the driving axis; and a driving portion integrally connected to a second end (16) of the extending rod and detachably connected to a workpiece (socket 28) (see annotated Fig. 18); (regarding claim 5), noting Figs. 2, 4, 10-12, and 25, wherein the extending rod (extension 10) comprises: a first extending region integrally connected to the ratchet portion and having a first radial width; and a second extending region integrally connected to the first extending region and having a second maximum radial width, wherein the second maximum radial width is larger than the first radial
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width (see, e.g., annotated Fig. 2).
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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.
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over (Delaney et al.), as applied to claim 1 above, as being obvious in view of US 2011/0094316 A1 to (HSIEH).
(Delaney et al.), as applied to claim 1 above, provides a ratchet wrench structure as claimed, except for the additional provision of a torque sensor configured for sensing a torque value of the driving portion acting on the workpiece.
(HSIEH) provides a torque-indicating extensive apparatus, i.e., a torque sensor, having, inter alia, two sensors (20) and a display unit (30). The torque gauge is positioned on an extensive rod (10), i.e., an extending rod, between the first engaging section (12) for engagement with a handle (40), and a second engaging section for engagement with a socket (51) (para. [0020]), the purpose of which is to measure and show a value of torque exerted on a fastener by a user. (HSIEH) teaches that
placing a torque sensor on the extensive rod, i.e., extending rod, enables a user to use a socket wrench in a narrow and deep environment and precisely exert a designated value of torque on a fastener (paras. [0005]-[0006]).
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Therefore, it would have been obvious to one having ordinary skill in the art at the time of the effective filing date of the invention to have modified (Delaney et al.) by providing a torque sensor on the extending rod, as taught by (HSIEH), and having the predictable result of enabling a user to use a socket wrench in a narrow and deep environment and precisely exert a designated value of torque on a fastener.
Claim(s) 7 and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 6,389,931 B1 to (Delaney et al.) as being obvious in view of US 4,520,697 A to (Moetteli).
(Regarding claim 7), (Delaney et al.) provides a ratchet wrench structure, comprising: (regarding claim 7), noting the embodiment illustrated in Fig. 18, a handle portion (not labeled) of a breaker bar (Col. 6, lines 66); a head portion (50) connected to the handle portion; a ratchet hole (not labeled) penetrating the head portion and comprising a plurality of first tooth portions (52), and the ratchet hole having a driving axis; a ratchet portion (18) detachably disposed at the ratchet hole, the ratchet portion comprising a plurality of second tooth portions (18), and the second tooth portions corresponding to the first tooth portions (52)(Col. 6, lines 66-67 and Col. 7, lines 1-4); an extending rod (extension 10), wherein a first end of the extending rod is integrally connected to the ratchet portion, and the extending rod extends along the driving axis; and a driving portion integrally connected to a second end (16) of the extending rod and detachably connected to a workpiece (socket 28) -see annotated Fig. 18 (supra).
Thus, (Delaney et al.) provides the invention as claimed except for the provision of a pivotal connection between the handle of the breaker bar, and the head portion of the breaker bar.
(Moetteli) provides several embodiments of ratchet wrenches (Figs. 1-8; Figs. 9-15; and Fig. 16) having, inter alia, a handle portion; a head portion; a ratchet hole; an extending rod; and sockets. In the first embodiment (Figs. 1-8) and the second embodiment (Figs. 9-15), the handle and head portion are unitary portions of wrench 10; whereas, in the embodiment of Fig. 16, (Moetteli) provides a breaker bar wrench (260) and teaches that
“The breaker bar wrench 260 includes a long handle 262 with an end 264 having a reduced portion and an aperture 266. A head 268 also forms a portion of the breaker bar wrench 260 which includes a clevis 270 having an aperture 272 through the two arms of the clevis. The reduced end 264 of handle 262 can be received between the arms of the clevis 270 and a pin 274 can be inserted through the apertures 266 and 272 to secure the handle and head together.” (Col. 9, lines 22-30)
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such that the pin 274 permits the head 268 to rotate about the axis of the pin relative to handle 262 but limits motion in any other direction (Col. 9, lines 30-33), i.e., (Moetteli) provides a handle portion (262) comprising a pivot hole (266); a head portion (268) pivotally connected (via apertures 270 of clevis 270 and pin 274) to the pivot hole (266).
Therefore, it would have been obvious to one having ordinary skill in the art at the time of the effective filing date of the invention to have modified (Delaney et al.) by providing a pivotal connection between the handle and head portion of the breaker bar, such as that as taught by (Moetteli), and having the predictable result of permitting the head to rotate about the axis of the pin relative to handle but limiting motion in any other direction.
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(Regarding claim 11), in (Delaney et al.) as modified in view of (Moetteli), (Delaney et al.) provides the extending rod with a first extending region integrally connected to the ratchet portion and having a first radial width; and a second extending region integrally connected to the first extending region and having a second maximum radial width, wherein the second maximum radial width is larger than the first radial width.
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over (Delaney et al.) as modified in view of (Moetteli) as applied to claim 7 above, and further in view of US 2011/0094316 A1 to (HSIEH).
(Delaney et al.) as modified in view of (Moetteli) as applied to claim 7 above, provides a ratchet wrench structure as claimed, except for the additional provision of a torque sensor configured for sensing a torque value of the driving portion acting on the workpiece.
(HSIEH) provides a torque-indicating extensive apparatus, i.e., a torque sensor, having, inter alia, two sensors (20) and a display unit (30). The torque gauge is positioned on an extensive rod (10), i.e., an extending rod, between the first engaging section (12) for engagement with a handle (40), and a second engaging section for engagement with a socket (51) (para. [0020]), the purpose of which is to measure and show a value of torque exerted on a fastener by a user. (HSIEH) teaches that
placing a torque sensor on the extensive rod, i.e., extending rod, enables a user to use a socket wrench in a narrow and deep environment and precisely exert a designated value of torque on a fastener (paras. [0005]-[0006]).
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Therefore, it would have been obvious to one having ordinary skill in the art at the time of the effective filing date of the invention to have modified (Delaney et al.) by providing a torque sensor on the extending rod, as taught by (HSIEH), and having the predictable result of enabling a user to use a socket wrench in a narrow and deep environment and precisely exert a designated value of torque on a fastener.
Allowable Subject Matter
Claims 2-4 and 8-10 are objected to as being dependent upon a rejected base claim, but would be allowable if claims 2 and 8 are rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: that the extending rod comprises: a first extending region integrally connected to the ratchet portion and having a first radial width; a tapering region integrally connected to the first extending region, wherein a radial width of the tapering region is tapered from an end of the tapering region connected to the first extending region towards the driving portion; and a second extending region integrally connected between the tapering region and the driving portion and having a second maximum radial width, wherein the first radial width is larger than the second maximum radial width, together in combination with the rest of the limitations in the respective independent claim, appears to be novel and unobvious over 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 related tool structures.
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/