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
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.
1. Claims 15-20 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. Any remaining claims are rejected based on their dependency to a rejected base claim.
Claim 15 recites the limitation "the biasing component" in line 14. There is insufficient antecedent basis for this limitation in the claim. Earlier in claim 15, line 12 recites “a spring” which establishes it as a known part of claimed invention. However, it is unclear to the examiner whether “the biasing component” is a different component than the previously established “spring”, which renders the claim indefinite. As best understood from the specifications, “the biasing component” will be interpreted as “the spring” and will be treated as such for the sake of the current Office Action.
Claim 17 recites “a first height is defined between the first section of the spring the second section of the spring”. It is unclear to the examiner how the “first height” is measured, as there is no distinction made between the two points wherein the height is taken. For the purposes of examination, the “first height” will be interpreted as the distance between the first section of the spring and the second section of the spring and will be treated as such for the sake of the current Office Action.
Claim Rejections - 35 USC § 102
2. 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.
3. Claims 1-3, 5-8, 10 and 15 are rejected under 35 U.S.C 102(a)(1) as being anticipated by Powers (US 2014/0123397).
4. Regarding claim 1, Powers discloses a hand tool comprising:
a handle (handle 12, Figure 3) comprising a bore (see hole A, Figure 3);
a tool shaft (tool bit holder, Figure 3) removably couplable within the bore (hole A, Figure 3) of the handle (“tool bit holder 20 removably retained in handle 12” via hole A, paragraph [0028], Figure 3) the tool shaft comprising:
a first end (detail B, Figure 3) comprising a first recess (inner cavity 73, Figure 3);
a second end (detail C.1, Figure 3) opposing the first end, the second end comprising a second recess (detail C.2 to fit reversible screw bits, Figure 3);
a longitudinal axis extending between the first end and the second end (axis A extending between first and second ends, Figure 3);
and a slot (groove 42, Figure 3) defined within the tool shaft (tool bit holder 12, Figure 3) adjacent to the first end (see groove 42 near detail B.1, Figure 3);
and a biasing component (circular spring clip 40, Figure 3) positioned within the slot (“circular spring clip 40 that is positioned within groove 42 located on the outer diameter of the first end of tool bit holder 20”, paragraph [0029]);
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Figure 3 (Powers)
wherein the first recess (inner cavity 73) is configured to receive a first reversible tool bit (wherein “the first end of the tool bit holder 20 is adapted to receive the standardized reversible punch down insert 33 in an inner cavity 73”, paragraph [0029], Figure 4) and the second recess (detail C.2, Figure 3) is configured to receive a second reversible tool bit (wherein “the second end of tool bit holder 20 includes an inner cavity (not shown) for receiving a second reversible tool bit 50”,paragraph [0030], Figure 4), and wherein the biasing component (circular spring clip 40) is configured to secure the first reversible tool bit (punch down insert 33 “may be removably secured within the first end of the tool bit holder 20 via circular spring clip 40”, paragraph [0033] Figure 4) within the first recess (inner cavity 73, Figure 4).
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Figure 4 (Powers)
5. Regarding claim 2, Powers discloses the hand tool of claim 1, and further discloses wherein:
slot (grove 42, Figure 3) extends longitudinally along the longitudinal axis of the tool shaft (see Figure 3, in which groove 42 does extend along the longitudinal axis A).
6. Regarding claim 3, Powers discloses hand tool of claim 1, and further discloses wherein
the biasing component (circular spring clip 40, Figure 3) is an elongate biasing component that extends longitudinally along the tool shaft (See how circular spring clip 40 extends long the longitudinal axis in order to fit groove 42 on tool bit holder 20).
7. Regarding claim 5, Powers discloses the hand tool of claim 1, and further discloses wherein
the first reversible tool bit is a punchdown tool bit (it is established in claim 1 that first reversible tool bit is punch down insert 33, Figure 4).
8. Regarding claim 6, Powers discloses the hand tool of claim 5, and further discloses wherein
a first end of the punchdown tool bit is a 110 style end (“110 type punch down blade 30 on a first end thereof”, paragraph [0028], Figure 4) and a second end of the punchdown tool bit is a 66 style end (“66 type punch down blade 32 on a second end thereof”, paragraph [0028], Figure 4).
9. Regarding claim 7, Powers discloses the hand tool of claim 1, and further discloses wherein
a tool bit holder (see Figure 11C, which shows a close up, cross section first end of tool bit holder 120) positioned within the first recess (inner cavity 73, Figure 11C) between the tool shaft and the first reversible tool bit (punch down insert 33 goes in cavity 73 within tool bit holder 120).
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Figure 11C
10. Regarding claim 8, Powers discloses the hand tool of claim 7, and further discloses wherein
the biasing component (circular spring clip 40) comprises a longitudinal section that extends along a longitudinal axis of the tool bit holder (Figure 10B, in which circular spring clip does comprise of a longitudinal section pr thickness T that extends along axis A in Figure 3).
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Figure 10B
11. Regarding claim 10, Powers discloses a hand tool comprising:
a handle (handle 12, Figure 3) comprising a bore (see hole A, Figure 3);
a tool shaft (tool bit holder 20, Figure 3) removably couplable within the bore (hole A, Figure 3) of the handle (“tool bit holder 20 removably retained in handle 12” via hole A, paragraph [0028], Figure 3) the tool shaft comprising:
a first end (detail B, Figure 3) comprising a first recess (inner cavity 73, Figure 3);
a second end (detail C.1, Figure 3) opposing the first end, the second end comprising a second recess (detail C.2, Figure 3);
a longitudinal axis extending between the first end and the second end (axis A extending between first and second ends, Figure 3);
a tool bit holder (tool bit holder 120, Figure 11C) positioned within the first recess (inner cavity 73, Figure 11C);
and a spring (circular spring clip 140, Figure 10B) engaged with the tool bit holder (tool bit holder 120, Figure 11C) and extending longitudinally along an outer surface of the tool bit holder (thickness T of circular spring clip 40 “positioned within an external groove on tool bit holder” 120, Figure 10B, paragraph [0028]);
wherein the first recess (inner cavity 73) is configured to receive a first reversible tool bit (wherein “the first end of the tool bit holder 20 is adapted to receive the standardized reversible punch down insert 33 in an inner cavity 73”, paragraph [0029], Figure 4) and the second recess (detail C.2, Figure 3) is configured to receive a second reversible tool bit (wherein “the second end of tool bit holder 20 includes an inner cavity (not shown) for receiving a second reversible tool bit 50”,paragraph [0030], Figure 4)
12. Regarding claim 15, Powers discloses a hand tool comprising:
a handle (handle 12, Figure 3) comprising a bore (see hole A, Figure 3);
a tool shaft (tool bit holder, Figure 3) removably couplable within the bore (hole A, Figure 3) of the handle (“tool bit holder 20 removably retained in handle 12” via hole A, paragraph [0028], Figure 3) the tool shaft comprising:
a first end (detail B.1, Figure 3) comprising a first recess (inner cavity 73, Figure 3);
a second end (detail C.1, Figure 3) opposing the first end, the second end comprising a second recess (detail C.2, Figure 3);
a longitudinal axis extending between the first end and the second end (axis A extending between first and second ends, Figure 3);
a slot (groove 42, Figure 3) defined within the tool shaft (tool bit holder 20) extending along the longitudinal axis of the tool shaft (see groove 42 extend along longitudinal axis A).
a spring (circular spring clip 40, Figure 3) positioned within the slot (groove 42, Figure 3)
wherein the first recess (inner cavity 73) is configured to receive a first reversible tool bit (wherein “the first end of the tool bit holder 20 is adapted to receive the standardized reversible punch down insert 33 in an inner cavity 73”, paragraph [0029], Figure 4) and the second recess (detail C.2, Figure 3) is configured to receive a second reversible tool bit (wherein “the second end of tool bit holder 20 includes an inner cavity (not shown) for receiving a second reversible tool bit 50”,paragraph [0030], Figure 4), and wherein the biasing component (circular spring clip 40) is configured to secure the first reversible tool bit (punch down insert 33 “may be removably secured within the first end of the tool bit holder 20 via circular spring clip 40”, paragraph [0033] Figure 4) within the first recess (inner cavity 73, Figure 4).
Claim Rejections - 35 USC § 103
13. 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.
14. Claims 4, 9, and 11-13 are rejected under 35 U.S.C 103 as being unpatentable over Powers (US 2014/0123397) in view of Kim (KR 2013/0005274, translation included).
15. Regarding claim 4, Powers discloses the hand tool of claim 1. However, it does not disclose wherein:
the biasing component is a wire form spring
Kim is also concerned with a hand tool, wherein a tool bit is attached to one of the ends of the tool shaft via biasing component. Kim also discloses that the biasing component (vertical tension springs 200, Figure 3) is a wire form spring (“can be easily manufactured by bending one type of wire”, paragraph [0023])
Powers teaches a circular spring clip as the biasing component within the slot to connect the first reversible tool bit to the first recess. Kim teaches a vertical tension spring in order to connect and support a nut to an end of a shaft (“vertical tension spring of which the other end presses and fixes a nut”, paragraph [0012]. It would have been obvious to one having ordinary skill in the art before the effective filling date of the claimed invention to have substituted the vertical tension spring of Kim’s tool shaft for the biasing component of Powers’ tool bit holder as a simple substitution of a known element to produce the predictable result of coupling tool bits to ends of shafts where recesses are present as taught by Kim.
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Figure 3 (Kim)
16. Regarding claim 9, Powers discloses the hand tool of claim 7, and further discloses wherein
the tool bit holder (tool bit holder 120) further comprises:
a shaft (cylinders of S2 and S1 diameters, Figure 11C);
a first end (end near inner cavity 73, Figure 11C);
and a second end that opposes the first end (end at the bottom of cylinder with diameter S1);
However, Powers does not disclose wherein
a first biasing component end extends into the shaft of the tool bit holder at the first end, and wherein a second biasing component end extends into the shaft of the tool bit holder at the second end.
Kim is also concerned a tool shaft with two opposing ends wherein a biasing component is connected. Kim further teaches where a first biasing component end (ring portion 220 of vertical tension spring 200, Figure 3) extends into the shaft of the tool bit holder at the first end (see ring portion 220 extending into the top end shaft of tool bit holder, Figure 3) and wherein a second biasing component end (insertion portion 230 of vertical tension spring 200) extends into the shaft of the tool bit holder at the second end (see insertion portion 230 portion extending into the bottom end shaft of tool bit holder).
It would have been obvious to one having ordinary skill in the art before the effective filling date of the claimed invention to have configured Power’s tool bit holder to incorporate a biasing component extending into the ends of the shaft as taught by Kim. One of ordinary skill would recognize a biasing component is can be used to provide a secure coupling between a tool bit and the shaft of the tool bit holder. Furthermore, it can act as locking mechanism so tool bit does not disengage from the shaft. In the example of Kim, the vertical tension spring fixes the nut to the socket body, preventing it from disengaging when working with fasteners.
17. Regarding claim 11, Powers discloses the hand tool of claim 10 and further discloses:
spring (circular spring clip 40).
However, Powers does not disclose wherein the spring is comprised of:
a first section
a second section
and a longitudinal section extending between and connecting the first section and the second section.
Kim is also concerned with a tool bit holder comprising of a spring (vertical tension spring 200). Kim further teaches
a first section (ring portion 220 of vertical tension spring 200, Figure 3)
a second section (insertion portion 230 of vertical tension spring, Figure 3)
a longitudinal section (vertical portion 210 of vertical tension spring, Figure 3) extending between and connecting the first section (ring portion 220, Figure 3) and the second section (insertion portion, Figure 3). See Figure 3 in which vertical tension spring 200
Power discloses a circular spring clip. Kim discloses wire spring with longitudinal section to perform the similar function of coupling a tool to the end of a shaft. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Power's invention to have substituted Kim's spring that consists of 2 sections connected by a longitudinal section for Power's circular spring clip as a simple substitution of a known element to produce predictable results of connecting tool bits to the ends of shafts.
18. Regarding claim 12, Power's modified in view of Kim discloses the hand tool of claim 11. and further discloses wherein:
the first section of the spring (ring portion 220 of Kim) and the second section of the spring (insertion portion 230 of Kim) each extend into a shaft (interior of tool bit holder 120) of the tool bit holder (tool bit holder 120) to secure the spring (vertical tension spring 200 of Kim) to the tool bit holder. See in Figure 3 of Kim, wherein vertical tension spring is secured to the top of the tool bit holder through receiving and locking groove 120 and 130 and secured to the bottom tool bit holder through the insertion groove 140.
It would have been obvious to one having ordinary skill in the art before the effective filling date of the claimed invention to have configured Power’s tool bit holder to have the first and second ends of the spring extend into the shaft of the tool bit holder to secure spring as taught by Kim. One of ordinary skill would recognize a spring consisting of a longitudinal section allows for connection along the longitudinal axis of the shaft, allowing to properly secure at both ends of the tool bit holder to allow for a tool bit to be attached.
19. Regarding claim 13, Powers modified in view of Kim discloses the hand tool of claim 12 and further discloses wherein:
the tool shaft (tool bit holder 20) further comprising a slot (groove 42, Figure 3) extending along the longitudinal axis of the tool shaft (see groove 42 extend along longitudinal axis A).
20. Claims 14 is rejected under 35 U.S.C 102(a)(1) as being unpatentable over Powers (US 2014/0123397) in view of Kim (KR 2013/0005274, translation included) and further in view of Bononi (US Patent 478278).
21. Regarding claim 14, Powers modified in view of Kim discloses the hand tool of claim 13 and further discloses wherein
the spring (circular spring clip 40, Figure 10B) is positioned within the slot (groove 42).
However, Powers modified does not disclose wherein the outer portion of the spring is deformed to secure the spring to the tool shaft.
Bononi Is also concerned with a tool shaft where in receives a tool bit at one of the ends with the aid of a spring. Furthermore, Bononi discloses that the outer portion of the spring (spring fingers 30, Figure 1) is deformed to secure the spring to the tool shaft (“…are dimensioned and configured such that with the fingers in a flexed operating position within grooves 26 when a bit is received within socket 20”, col 4, II 4-7, Figure 1).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to configure the spring of Powers modified to deform and secure to tool shaft as taught by Bononi. One of ordinary skill in the art would recognize springs are able to be compressed or extended and bend and therefore are able to deform when securing itself to the tool shaft. It can create a force pressing against an object to hold it in place. For example, Bononi’s spring flexes and the “biasing forces are applied against the bit shank 46 for positively retaining bit 44 against unintended displacement from within socket 20”, col 4, ll 8-10).
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Figure 1 (Bononi)
22. Claims 16-20 are rejected under 35 U.S.C 102(a)(1) as being unpatentable over Powers (US 2014/0123397) in view of Kim (KR 2013/0005274, translation included) and further in view of Cleaves (US Patent 2811883).
23. Regarding claim 16, Powers discloses the hand tool of claim 15, however it does not disclose wherein spring comprises of:
a first section; a second section; and a longitudinal section extending between and connecting the first section and the second section, wherein the longitudinal section is positioned within the slot of the tool shaft.
However, Kim is also concerned with a tool shaft that incorporates a spring to attach a tool bit to tool bit holder. Furthermore, the spring (vertical tension spring 200) comprising of
a first section (ring portion 220 of vertical tension spring 200, Figure 3)
a second section (insertion portion 230 of vertical tension spring, Figure 3)
a longitudinal section (vertical portion 210 of vertical tension spring, Figure 3) extending between and connecting the first section (ring portion 220, Figure 3) and the second section (insertion portion, Figure 3). See Figure 3 in which vertical tension spring 200 has longitudinal portion with first and second sections at the opposing ends.
Power discloses a circular spring clip. Kim discloses wire spring with longitudinal section to perform the similar function of coupling a tool to the end of a shaft. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Power's invention to have substituted Kim's spring that consists of 2 sections connected by a longitudinal section for Power's circular spring clip as a simple substitution of a known element to produce predictable results of connecting tool bits to the ends of shafts.
However, Power's modified in view of Kim does not disclose that the longitudinal section is positioned within the slot of the tool shaft
Cleaves is also concerned with a hand tool comprising of a handle coupled to a tool shaft wherein receives a socket at the end of the tool shaft that incorporates a spring. Furthermore, Cleaves further teaches that the longitudinal section (Section A of wire spring 18, Figure 3) is positioned within the slot of the tool shaft (see Figure 1, wherein shank 11 has a slot A wherein wire spring 18 is positioned within the slot).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Power's tool shaft in view of Kim to have the spring with longitudinal section be within a slot of the tool shaft as taught by Cleaves. One of ordinary skill would recognize a slot allows for interaction with a spring. Cleaves discloses that a push on outward bend 20 of wire spring 18 disengages socket 14, (see Figure 4). Furthermore, it would more effectively "accommodate/mount the spring" thereby more "securely anchoring the spring" (see Col 2, ll 9-15), thus preventing any unwanted disconnection during normal operation.
24. Regarding claim 17 Powers modified in view of Kim and further in view of Cleaves discloses the hand tool of claim 16 and further discloses wherein:
a first height (Height A, Figure 3) is defined by the first section of the spring (ring portion 220 of Kim which resides in Power's tool bit holder, Figure 3) and the second section of the spring (insertion portion 230 of Kim op end A of Kim which resides in Power's tool bit holder, Figure 3) and wherein a second height (Height BC, Figure 3) is defined between the first end (Detail B, Figure 3) and second end (Detail C.1,Figure 3) of the tool shaft.
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Figure 3 (Kim)
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Figure 3 (Powers)
25. Regarding claim 18, Powers in view of Kim and further in view of Cleaves discloses the hand tool of claim 17, however it does not disclose wherein
the first height is greater than 20% of the second height.
There is no evidence of record that establishes that having he first height of the spring being greater than 20% of the second height of the tool shaft would result in a difference in the function of Power's modified device. Further, a person of ordinary skill in the art would have reasonable expectation to modify the length of the spring appropriately to fit the tool shaft and have the structure to allow for a tool bit to connect within the tool bit holder. Lastly, applicant has not disclosed that having the first height being greater than 20% of the second height resolves any problem, such that it produces insignificant results.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Power's invention to have Kim's spring height be 20% greater than the second height of the tool shaft as an obvious matter of design choice within the skill of the art.
26. Regarding claim 19, Powers modified in view Kim and further in view of Cleaves discloses the hand tool of claim 16 and further discloses
a tool bit holder (tool bit holder 120) positioned within the first recess (inner cavity 73), wherein the first section of the spring (ring portion 220 of vertical tension spring 200 of Kim) extends into a shaft (inner shaft which makes groove 144, Figure 11B) of the tool bit holder (tool bit holder 120, Figure 11C) to secure the spring to the tool bit holder (Ring portion 220 of Kim would secure to tool bit holder via groove 144 through intermediary means).
27. Regarding claim 20, Powers modified in view of Kim and further in view of Cleaves discloses the hand tool of claim 16, however it does not disclose wherein:
the first section of the spring has a generally perpendicular orientation to the longitudinal section of the spring.
Kim further teaches that the first section of the spring (ring portion 220) has a generally perpendicular orientation to the longitudinal section of the spring (see how ring portion 220 is perpendicular to vertical portion 210 of vertical tension spring 200).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to configure Powers modified’s spring for a section to be perpendicular to the longitudinal section as taught by Kim. One of ordinary skill would recognize that the longitudinal portion allows for spring to extend along the shaft longitudinally while having perpendicular ends allow for spring to engage with the tool bit holder that is disposed towards the inner radius of the shaft.
Conclusion
28. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
29. Hu (US Patent 6494121) discloses a hand tool which tool shaft that has reversible screw bits at both ends of tool shaft.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DIEGO J NG whose telephone number is (571) 270-0802. The examiner can normally be reached Monday-Fri 8:00 am - 5:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Keller can be reached at (571) 272-8548. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/D.J.N./Examiner, Art Unit 3723
/ROBERT J SCRUGGS/Primary Examiner, Art Unit 3723
/BRIAN D KELLER/Supervisory Patent Examiner, Art Unit 3723
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