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 § 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-17 are rejected under 35 U.S.C. 103 as being unpatentable over Kroening et al. (hereafter “Kroening”)(US 2023/0115014) in view of Walsten (US Patent 5,927,141).
With regards to claim 1, Kroening discloses a hand-held conduit bending tool comprising:
an elongated handle (24) having a free end (32) and a connected end (34); and
a bender head (22) disposed on the connected end of the handle, the bender head comprising:
a body portion (38) having a first channel (60) formed in a lower surface thereof; and
a hook portion (52) including
a central spine (130) extending from a front end (40) thereof to a rear end thereof and extending from a front end of the body portion,
a first body part (132) extending from a first side of the central spine, the first body part having a first channel (136) formed in an upper surface thereof, the first channel of the first body part being longitudinally aligned with the first channel of the body portion [at least paragraph 0036], the first body part (132) being separated from the body portion (38) by a first space [not labeled, as seen in at least Figure 3] on the first side of the central spine, the first space having a radiused corner proximate to the central spine and which extends along a front portion of the first space [not labeled, as seen in at least Figures 3 and 4], and
a second body part (134) extending from a second opposite side of the central spine, the second body part having a front corner wherein the front corner of the second body part is configured to contact a surface when the bender head falls thereon and creates a clockwise moment, as seen in at least Figures 2-4.
Kroening discloses the invention substantially as claimed except for wherein the front corner is formed of a curved surface or a chamfer. Walsten is relied upon to teach a hook (26) with corners that are formed of a curved surfaces, as seen in Figures 2 and 3. Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filling date of the claimed invention, that Kroening’s hook would have corners with curved surfaces, as taught by Walsten, since Walsten teaches its commonly known that a bending tool’s hook would include of corners with curved surfaces.
With regards to claim 2, Kroening discloses wherein the body portion has a second channel (62) formed in the lower surface thereof, and the second body part has a second channel formed in an upper surface thereof, the second channels being longitudinally aligned, the second body part being separated from the body portion by a second space on the second side of the central spine.
With regards to claim 3, Kroening discloses wherein the front corner is proximate to a front end of the second channel in the second body part.
With regards to claim 4, Kroening discloses wherein the handle (24) aligns with the central spine (130), as seen in at least Figure 1.
With regards to claim 5, Walston is also relied upon to teach wherein the first body part has a front corner proximate to a front end of the first channel which is formed of a curved surface, as seen in Figures 2-3.
With regards to claim 6, Kroening discloses wherein the handle (24) aligns with the central spine (130), as seen in at least Figure 1.
With regards to claims 7-9 and 14-16, Kroening discloses the invention substantially as claimed except for wherein the bender head is formed of a brittle material; wherein the brittle material is where in bender is formed from high strength, nonferrous, light weight material having an elongation of between 2.5% to 3.5% and wherein the bender head is heat treated. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the particularly claimed material composition of the structures since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of mechanically efficiency. In re Leshin, 125 USPQ 416.
With regards to claim 10, Kroening discloses wherein the first and second channels are sized to receive different sizes of conduits, paragraph 0004 and as seen in Figures 5.
With regards to claim 11, Kroening discloses wherein the first and second channels are sized to receive the same size of conduits, as seen in Figure 5.
With regards to claim 12, Kroening discloses wherein the first and second channels are parallel to each other, as seen in Figure 5.
With regards to claim 13, Kroening discloses wherein each body part extends perpendicular to the central spine (130), as seen in at least Figure 4.
With regards to claim 17, Kroening discloses wherein a lower surface of the body portion is radiused, and the hook portion has a lower surface which extends tangentially from the lower surface of the body portion, as seen in at least Figure 1.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure and further show the state of the art: US Patent 4,452,064.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TERESA M EKIERT whose telephone number is (571)272-1901. The examiner can normally be reached Monday-Friday 8AM-4:30PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Christopher Templeton can be reached at 571-270-1477. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TERESA M EKIERT/Primary Examiner, Art Unit 3725
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