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 .
Election/Restrictions
Applicant’s election without traverse of Invention 2 in the reply filed on June 12, 2026 is acknowledged.
Claim Rejections - 35 USC § 112
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 11-20 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.
Where applicant acts as his or her own lexicographer to specifically define a term of a claim contrary to its ordinary meaning, the written description must clearly redefine the claim term and set forth the uncommon definition so as to put one reasonably skilled in the art on notice that the applicant intended to so redefine that claim term. Process Control Corp. v. HydReclaim Corp., 190 F.3d 1350, 1357, 52 USPQ2d 1029, 1033 (Fed. Cir. 1999). The term “workpiece” in claims 11, 13 and 14 is used by the claim to mean “blade holder” [paragraph 0027 of the specification] while the accepted meaning is “an object being worked on with a tool or machine.” However, in the claims the term “workpiece” is used to describe a structural element of the tool. The term is indefinite because the specification does not clearly redefine the term.
Claim 19 recites: “wherein when the workpiece retainer is in the first position, the second working region is formed, and when the workpiece retainer is in the second position, the first working region is formed.” It is unclear how this limitation is met since claims 14 already clearly set forth both the first and second working regions are present in the tool while this claim limitation contradicts the previously set forth limitations by stating that each region is present i.e. in a particular position.
Examiner notes that no art has been applied to claim 19; however, the claims as currently presented are not deemed allowable and Applicant is required to clarify in compliance with 35 USC 112 so as to facilitate a clear understanding of the claimed invention and the protection sought.
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.
Claims 11-18 and 20 are rejected under 35 U.S.C. 102(a )(1) as being anticipated by Peng et al. (hereafter “Peng”)(US 2010/0071202).
With regards to claim 11, Peng discloses a crimping tool, comprising:
a tool body, as seen in annotated Figure 4 below;
a workpiece (crimping and cutting element 40) configured on the tool body to perform a wire crimping and cutting operation on either a 90° jack or a 180° jack;
a first working region, as seen in annotated Figure 4 below, provided on the tool body to accommodate a 180° jack within the first working region; and
a workpiece retainer (6) forming a second working region with the tool body to accommodate the 90° jack within the second working region,
wherein when the workpiece works on the 90° jack, the workpiece retainer is located within the tool body.
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Annotated Figure 4
With regards to claim 12, Peng discloses wherein the first working region is formed independently of the workpiece retainer, as seen in at least Figure 1.
With regards to claim 13, Peng discloses wherein when the workpiece works on the 180° jack, at least a portion of the workpiece retainer is located outside the tool body, as seen in at least Figure 3.
With regards to claim 14, Peng discloses a crimping tool, comprising:
a tool body, as seen in annotated Figure 4 above;
a workpiece (crimping and cutting element 40) configured on the tool body to perform a wire crimping and cutting operation on either a 90° jack or a 180° jack,
wherein when the workpiece performs the wire crimping and cutting operation, the workpiece moves in a first direction;
a first working region, as seen in annotated Figure 4 above; provided on the tool body to accommodate the 180° jack within the first working region; and
a workpiece retainer (6) having a rotatable shaft (43) connecting the workpiece retainer with the tool body, wherein the workpiece retainer together with the tool body form a second working region, as seen in annotated Figure 4 above, to accommodate the 90° jack within the second working region, wherein the rotatable shaft has an axial direction, and the axial direction and the first direction both extend in a horizontal direction.
With regards to claim 15, Peng discloses wherein the first working region and the second working region are formed within the tool body, as seen in Figure 4.
With regards to claim 16, Peng discloses the axial direction is orthogonal to the first direction, as seen in Figure 5.
With regards to claim 17, Peng discloses a tool that would be capable of having a 90° jack within the second working region is secured by the workpiece retainer, and the 180° jack within the first working region is not in contact with the workpiece retainer.
With regards to claim 18, Peng discloses wherein the workpiece retainer changes between a first position and a second position by the rotatable shaft, as seen in at least Figure 5.
With regards to claim 20, Peng discloses wherein the first position is within the tool body and the second position is outside the first working region, as seen in at least Figure 4.
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 Patents 4,862,580 and US 2013/0125381.
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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