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
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.
Claims 1-13 are rejected under 35 U.S.C. 103 as being unpatentable over Johnson (US 6868760 B1) in view of Bo-shen Chen (US 8876120 B2) and Wei-Cheng Chen (US 20230211475 A1).
Regarding claim 1, Johnson teaches a tool kit, comprising: a first holding member; a second holding member disposed in parallel with the first holding member, (see FIG. 4: tool instrument 10 comprising housing member 14 and housing member 16, which is disposed in parallel with housing member 14)
a [cylindrical] member being connected between the first holding member and the second holding member to form an accommodation space (see FIGS. 1-2: shaft 28 being connected between housing members 14 and 16 to form internal chamber 80)
a tool assembly, the tool assembly comprising at least one tool member, the tool member being rotatably accommodated in the accommodation space, (see FIG. 1: tools 60 comprising multiple tool members, each tool member rotatably accommodated in internal chamber 80)
one end of the tool member being provided with a rotational connection part, (for each of tools 60, one end is provided with means for engagement 66)
the rotational connection part being rotatably sleeved on the [cylindrical] member through a sleeve hole defined in the rotational connection part, (engagement means 66 being rotatably sleeved on shaft 28 through the through holes 64 defined in engagement means 66)
and an inner wall of the sleeve hole being concavely defined with an engagement groove; (see Col. 4, Lines 13-28 and FIG. 4: an inner wall of through hole 64 is concavely defined with a planar surface)
the unlocking assembly movably mounted in a mounting hole of the [cylindrical] member, (the coil spring 24 of the unlocking assembly movably mounted round hole 26 of shaft 28; see Col. 3, Lines 36-46 and Col. 4, Lines 41-42)
the unlocking assembly comprising an unlocking button (push button 56), an engagement [section] (engagement sections 36, 38, and 40 of shaft 28) and a reset member (coil spring 24),
the engagement [section] being exposed on an outer surface of the [cylindrical] member (engagement sections 36, 38, and 40 are exposed on an outer surface of shaft 28) and fitted with the engagement groove, (engagement sections 36, 38, and 40 are fitted with the planar surfaces of through holes 64; see Col. 5, Lines 11-32)
the unlocking button being at least partially exposed outside the [cylindrical] member (push button 56 is partially exposed outside the shaft 28)
and the reset member being configured to apply a force on the unlocking button to reset the unlocking button; (see FIG. 3 and Col. 5, Lines 3-32: coil spring 24 being configured to apply a force on push button 56 to reset push button 56)
wherein, the unlocking assembly has a locked state (see FIG. 2: the locking mechanism in locked position) and an unlocked state (see FIG. 3: the tools permitting free movement of the tools);
in the unlocked state, the unlocking button releases the engagement [section] to allow the engagement [section] to be disengaged from the engagement groove; (see FIG. 3: push button 56 releases engagement sections 36, 38, and 40 to be disengaged from the planar surfaces of through holes 64; see also Col. 5, Lines 11-32).
and in the locked state, the unlocking button resets to press the engagement [section] to allow the engagement [section] to be engaged in the engagement groove (see FIG. 2: push button 56 resets to press engagement sections 36, 38, and 40 to be engaged in the planar surfaces of through holes 64; see also Col. 5, Lines 11-32).
Johnson does not teach a support cylinder member being connected between the first holding member and the second holding member to form an accommodation space;
the rotational connection part being rotatably sleeved on the support cylinder member through a sleeve hole defined in the rotational connection part,
the unlocking assembly movably mounted in a mounting hole of the support cylinder member,
an engagement member that is exposed on an outer surface of the support cylinder member and fitted with the engagement groove,
the unlocking button being slidably disposed in the mounting hole and at least partially exposed outside the support cylinder member,
wherein in the unlocked state, the unlocking button releases the engagement member to allow the engagement member to be disengaged from the engagement groove;
and in the locked state, the unlocking button resets to press the engagement member to allow the engagement member to be engaged in the engagement groove.
However, Bo-Shen (US8876120B2), in the same or similar field of endeavor related to hand tools, teaches a support cylinder member (tube 10) and engagement members (balls 62 and 63),
wherein the unlocking assembly (the assembly of components including inner spring 31 that unlocks the tool head) is movably mounted in a mounting hole (inner space 11) of the support cylinder member (tube 10),
an engagement member that is exposed on an outer surface of the support cylinder member and fitted with an engagement groove, (see FIG. 2: balls 62 and 63 are exposed on an outer surface of tube 10 and fitted respectively with holes 13 and 14)
wherein in an unlocked state, the engagement member is released to allow the engagement member to be disengaged from the engagement groove; (the balls are released to be disengaged from holes 13 and 14; see Col. 2, Lines 45-55)
and in an locked state, the engagement member is pressed to allow the engagement member to be engaged in the engagement groove (the balls are pressed to be engaged in the holes 13 and 14; see Col. 2, Lines 45-55).
Given that both Johnson and Bo-Shen teach mechanisms for locking a pivoting tool into position, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to simply substitute the engagement sections of Johnson with the cylinder and ball detent mechanism of Bo-Shen. The locking means of Johnson and Bo Shen show different examples of how to lock an inner and outer shaft sections. Thus leading one skilled in the art to the predictable result of allowing the unlocking assembly to move smoothly between the unlocked state. The locked state so it is easier for the user to push the unlocking button.
Additionally, Wei-Cheng (US 20230211475 A1), in the same or similar field of endeavor related to the holding members of hand tools, teaches a button being slidably disposed in the mounting hole of a support cylinder member and at least partially exposed outside the support cylinder member (see FIGS. 2-3: pressing plate 62 is slidably disposed in the through hole of inner sleeve 43 and partially exposed outside inner sleeve 43.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the tool of Johnson, as modified, so that the unlocking button is slidably disposed in and partially exposed outside the support cylinder member, as taught by Wei-Cheng. One would have been motivated to make the support cylinder extend from first holding member to the second holding member to stabilize the locking assembly, increase convenience of use (Paragraph 5), and further prevent small debris from getting into the unlocking assembly.
Regarding claim 2, the rejection of claim 1 is incorporated in this rejection. Johnson, as modified, further teaches that the engagement member is located on a sliding path of the unlocking button, (the engagement sections 36, 38, and 40 of Johnson—substituted by balls 62 and 63 of Bo-Shen as discussed in claim 1—are located on the sliding path of push button 56)
the unlocking button is configured to press or release the engagement member, (see Johnson FIGS. 2-3: push button 56 is configured to press or release the engagement sections 36, 38, and 40—which are substituted by balls 62 and 63 of Bo-Shen)
one end of the reset member abuts against or is connected to the unlocking button, (see Johnson FIG. 2: one end of coil spring 24, the left end in FIG. 2, abuts against the push button 56 via shaft 28)
and the other end of the reset member abuts against or is connected to a side wall of the mounting hole (the other end of coil spring 24, right end in Johnson FIG. 2, abuts round hole 22—which would be a side wall of the through hole of the support cylinder member as modified in by Wei-Cheng in claim 1 above).
Regarding claim 3, the rejection of claim 2 is incorporated in this rejection. Johnson, as modified, does not teach that a pressing surface of the unlocking button is defined with an avoidance groove, and the avoidance groove is configured to avoid the engagement member in a sliding process of the unlocking button so as to release the engagement member.
Bo-shen (US 8876120 B2) further teaches a pressing surface (walls 431 and 432) of a pushing component (link 40) is defined with an avoidance groove (restricting grooves 42 and 43),
and the avoidance groove is configured to avoid the engagement member in a sliding process of the unlocking button so as to release the engagement member (restricting grooves 42 and 43 avoid the ball 63 to release the ball 63; see also Col. 2, Lines 33-40 and Lines 50-55)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the unlocking button of Johnson, as modified, to extend and have an avoidance groove to avoid the engagement member during sliding, as taught by Bo-shen. Combining the shaft (28) with the push button (56) into one component would increase the stability of the button and remove the need to consider the fits and tolerances between the two parts while manufacturing and assembling the tool. Thereof, the avoidance groove would eliminate the friction between sliding parts and make it easier for the user to push the button.
Regarding claim 4, the rejection of claim 3 is incorporated in this rejection. Johnson, as modified, further teaches that the unlocking button comprises: a pushing part; (see annotated Johnson FIG. 2 below: push button 56 a part the user pushes)
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Annotated Johnson FIG. 2
and a pressing part connected with the pushing part; (per the modifications in the discussion of claim 3, the shaft 28 part of the push button would press the engagement members)
wherein, the pushing part is at least partially exposed outside the support cylinder member, (the pushing part would be partially exposed outside the support cylinder modified in to be between the holding members 14 and 16 of Johnson, as discussed in the rejection of claim 1 above)
a pressing surface of the pressing part is defined with the avoidance groove (per the modification in the discussion of claim 3 above, shaft 28 of Johnson would be defined with restricting grooves 42 and 43 of Bo-shen)
Johnson, as modified, does not teach a limiting groove communicated with the avoidance groove, the engagement member is capable of sliding into the avoidance groove along a wall of the limiting groove, the wall of the limiting groove is configured for the pressing part to press the engagement member, a connection area between the wall of the limiting groove and a wall of the avoidance groove defines a pressing area that presses the engagement member, the pressing area is vertically arranged, the limiting groove defines a limiting area connected to the pressing area,
and the limiting area is configured to prevent the pressing part from sliding away from the mounting hole.
However, Bo-shen further teaches a limiting groove communicated with the avoidance groove, (see Bo-Shen Fig. 2: walls 431 and 432 in communication with restricting grooves 42 and 43)
the engagement member is capable of sliding into the avoidance groove along a wall of the limiting groove, (ball 63 of Bo-Shen is capable of sliding into restricting grooves 42 and 43 along walls 431 and 432)
the wall of the limiting groove is configured for the pressing part to press the engagement member, (walls 431 and 432 are configured for pressing the ball 63)
a connection area between the wall of the limiting groove and a wall of the avoidance groove defines a pressing area that presses the engagement member (see FIGS. 1-2: the area between walls 431 and 432 and the walls of restricting grooves 42 and 43 define a pressing area that press the ball 63)
the pressing area is vertically arranged, (the pressing area is vertically arranged in the orientation in which the axial line of the tool is vertical)
the limiting groove defines a limiting area connected to the pressing area, (walls 431 and 432 define restricting portion 632 in the same space as the pressing area)
and the limiting area is configured to prevent the pressing part from sliding away from the mounting hole (restricting portion 632 is configured to hold ball 63 which prevents walls 431 and 432 from sliding out of inner space 11).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the tool of Johnson, as modified, to comprise an additional limiting groove and limiting area as taught by Bo-shen. One would have been motivated to make such a modification to prevent the unlocking assembly components from being pushed to disengage from the support cylinder by the reset member (Col. 2, Lines 50-55).
Regarding claim 5, the rejection of claim 4 is incorporated in this rejection. Bo-shen, as used to modify the tool of Johnson, teaches that the wall of the avoidance groove and the wall of the limiting groove are connected by a guidance inclined surface (see Bo-shen FIG. 2: restricting groove 43 and wall 431 are connected by an inclined surface for guiding ball 63).
Regarding claim 6, the rejection of claim 4 is incorporated in this rejection. Johnson, as modified teaches that the pressing surface of the pressing part is defined with a plurality of the avoidance grooves which are spaced apart (Bo-shen, as used in the modification in the discussion of claim 3, teaches that shaft 28 of Johnson would be modified with multiple restricting grooves 42 and 43 spaced apart).
Johnson, as modified, does not teach that the number of the avoidance grooves, the number of the limiting grooves, the number of the engagement members, and the number of the tool members are matched with one another.
However, Johnson teaches that a number of engagement [sections] and a number of tool members are matched with one another (three engagement sections 36, 38, and 40 match three tools 60) and Bo-shen teaches that the number of the avoidance grooves, the number of limiting grooves, and the number of engagement members are matched with one another (there are two restricting grooves 42 and 43, two respective walls 431 and 432, and two respective balls 62 and 63).
The engagement sections of Johnson are the mechanism replaced by the ball detents of Bo-shen, as discussed in the rejection of claim 1, so it would have been readily understood by one of ordinary skill in the art to match the number of engagement members to the number of engagement sections being substituted out for. Further, Bo-shen teaches that the number of avoidance grooves and the number of limiting grooves match the number of engagement members as the avoidance grooves and limiting grooves exist for their respective engagement members. Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to match the number of avoidance grooves, the number of limiting grooves, and the number of tool members to the number of engagement members.
Regarding claim 7, the rejection of claim 1 is incorporated in this rejection. Johnson, as modified, further teaches an inner wall of the sleeve hole is recessed with at least two engagement grooves which are spaced apart; (see Johnson FIG. 4: the inner wall of through hole 64 is recessed with more than two planar surfaces 66 which are spaced apart)
in case the tool member is accommodated in the accommodation space and in the locked state, the engagement member is engaged in one of the at least two engagement grooves; (when a tool 60 is in internal chamber 80 and in the locked state, the engagement section 36, 38, or 40—substituted for ball detents of Bo-shen—is engaged in one of the planar surfaces 66; see also Johnson Col. 4, Lines 25-29)
and in case the tool member is rotated out of the accommodation space and in the locked state, the engagement member is engaged in another one of the at least two engagement grooves (when a tool 60 is in internal chamber 80 and in the locked state, the engagement section 36, 38, or 40—substituted for ball detents of Bo-shen—is engaged in another of the planar surfaces 66).
Regarding claim 8, the rejection of claim 2 is incorporated in this rejection. Johnson, as modified, further teaches an inner wall of the sleeve hole is recessed with at least two engagement grooves which are spaced apart; (see Johnson FIG. 4: the inner wall of through hole 64 is recessed with more than two planar surfaces 66 which are spaced apart)
in case the tool member is accommodated in the accommodation space and in the locked state, the engagement member is engaged in one of the at least two engagement grooves; (when a tool 60 is in internal chamber 80 and in the locked state, the engagement section 36, 38, or 40—substituted for ball detents of Bo-shen—is engaged in one of the planar surfaces 66; see also Johnson Col. 4, Lines 25-29)
and in case the tool member is rotated out of the accommodation space and in the locked state, the engagement member is engaged in another one of the at least two engagement grooves (when a tool 60 is in internal chamber 80 and in the locked state, the engagement section 36, 38, or 40—substituted for ball detents of Bo-shen—is engaged in another of the planar surfaces 66).
Regarding claim 9, the rejection of claim 3 is incorporated in this rejection. Johnson, as modified, further teaches an inner wall of the sleeve hole is recessed with at least two engagement grooves which are spaced apart; (see Johnson FIG. 4: the inner wall of through hole 64 is recessed with more than two planar surfaces 66 which are spaced apart)
in case the tool member is accommodated in the accommodation space and in the locked state, the engagement member is engaged in one of the at least two engagement grooves; (when a tool 60 is in internal chamber 80 and in the locked state, the engagement section 36, 38, or 40—substituted for ball detents of Bo-shen—is engaged in one of the planar surfaces 66; see also Johnson Col. 4, Lines 25-29)
and in case the tool member is rotated out of the accommodation space and in the locked state, the engagement member is engaged in another one of the at least two engagement grooves (when a tool 60 is in internal chamber 80 and in the locked state, the engagement section 36, 38, or 40—substituted for ball detents of Bo-shen—is engaged in another of the planar surfaces 66).
Regarding claim 10, the rejection of claim 4 is incorporated in this rejection. Johnson, as modified, further teaches an inner wall of the sleeve hole is recessed with at least two engagement grooves which are spaced apart; (see Johnson FIG. 4: the inner wall of through hole 64 is recessed with more than two planar surfaces 66 which are spaced apart)
in case the tool member is accommodated in the accommodation space and in the locked state, the engagement member is engaged in one of the at least two engagement grooves; (when a tool 60 is in internal chamber 80 and in the locked state, the engagement section 36, 38, or 40—substituted for ball detents of Bo-shen—is engaged in one of the planar surfaces 66; see also Johnson Col. 4, Lines 25-29)
and in case the tool member is rotated out of the accommodation space and in the locked state, the engagement member is engaged in another one of the at least two engagement grooves (when a tool 60 is in internal chamber 80 and in the locked state, the engagement section 36, 38, or 40—substituted for ball detents of Bo-shen—is engaged in another of the planar surfaces 66).
Regarding claim 11, the rejection of claim 5 is incorporated in this rejection. Johnson, as modified, further teaches an inner wall of the sleeve hole is recessed with at least two engagement grooves which are spaced apart; (see Johnson FIG. 4: the inner wall of through hole 64 is recessed with more than two planar surfaces 66 which are spaced apart)
in case the tool member is accommodated in the accommodation space and in the locked state, the engagement member is engaged in one of the at least two engagement grooves; (when a tool 60 is in internal chamber 80 and in the locked state, the engagement section 36, 38, or 40—substituted for ball detents of Bo-shen—is engaged in one of the planar surfaces 66; see also Johnson Col. 4, Lines 25-29)
and in case the tool member is rotated out of the accommodation space and in the locked state, the engagement member is engaged in another one of the at least two engagement grooves (when a tool 60 is in internal chamber 80 and in the locked state, the engagement section 36, 38, or 40—substituted for ball detents of Bo-shen—is engaged in another of the planar surfaces 66).
Regarding claim 12, the rejection of claim 1 is incorporated in this rejection. Johnson, as modified, further teaches that a free end of the tool member is provided with any one of a cross wrench, an adjustable hex wrench, an adjustable wrench, a hex wrench, a straight wrench, a bottle opener, and a blade; (head 62 of tool 60 can be an Allen key; see Col. 4, Lines 13-17)
and/or the engagement member is a ball; (engagement sections of Johnson substituted for the balls of Bo-shen, as discussed in the substitution in the rejection of claim 1 above)
and/or the support cylinder member is provided with at least one damping gasket (washer 52 is provided adjacent shaft 28, which is encased by the support cylinder member per the substitution in the discussion of claim 1 above).
Regarding claim 13, the rejection of claim 1 is incorporated in this rejection. Johnson, as modified, further teaches that the tool assembly is one of two tool assemblies, (see Johnson FIG. 4: two sets of tools 60)
one tool assembly is located between the first holding member and the second holding member and on a left side, (one set of tools 60 located between housing members 14 and 16 and on the left side of Johnson FIG. 1)
and the other tool assembly is located between the first holding member and the second holding member and on a right side (another set of tools 60 located between housing members 14 and 16 and on the right side of Johnson FIG. 1).
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Johnson (US 6868760 B1) in view of Bo-shen Chen (US 8876120 B2) and Wei-Cheng Chen (US 20230211475 A1), further in view of Carnesi (US 20180236650 A1), Seals (US 4967435 A), and Brucher (DE 102015001265 A1).
Regarding claim 14, the rejection of claim 13 is incorporated in this rejection. Johnson, as modified, further teaches that one tool assembly comprises three tool members, (see top set of tools 60 in Johnson FIG. 4: there are three tools 60)
a damping gasket is abutted between adjacent rotational connection parts, (see the top assembly of Johnson FIG. 4: washer 52 is abutted between adjacent rotational connection parts)
and free ends of the three tool members are respectively provided with a first hex wrench, a second hex wrench, and a third hex wrench; (head 62 can be an allen key; see Col. 4, Lines 13-17)
the first hex wrench, the second hex wrench, and the third hex wrench have different sizes and specifications; (heads 62 have different sizes; see Col. 4, Lines 13-21)
and the other tool assembly comprises [three] tool members, (see bottom set of tools 60 in Johnson FIG. 4: there are three tools 60)
a damping gasket is abutted between adjacent rotational connection parts, (see the bottom assembly of Johnson FIG. 4: washer 52 is abutted between adjacent rotational connection parts)
and one of the free ends of the three tool members of the tool assembly is provided with a fourth hex wrench (head 62 can be an allen key; see Col. 4, Lines 13-17).
Johnson, as modified, does not teach that the other tool assembly comprises four tool members, and free ends of the four tool members are respectively provided with a straight wrench, an adjustable hex wrench, and a cross wrench.
With respect to the number of tool members on the other tool assembly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the number to be four since it has been held that mere duplication of essential working parts of a device involves only routine skill in the art and one of ordinary skill in the art would have had reasonable expectation of success (MPEP 2144.04). Johnson teaches that “any number of tools greater or less than six could be used” (Col. 4, Lines 61-63). The applicant also has not demonstrated the criticality of the number of tools, namely in ¶[0046], [0061], and [0063] of the instant application.
Johnson also teaches that the tool ends may be “an Allen key or other similar type of tool head” (Col. 4, Lines 13-17).
Carnesi (US 20180236650 A1), in the same or similar field of endeavor related to pivoting multitools, teaches a tool assembly with the free ends provided with a straight wrench (see Carnesi FIG. 3: wrench 14a of the assembly shown in FIG. 2).
Given that both Johnson and Carnesi teach pivoting tool assemblies, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute one of the tools of Johnson with the straight wrench of Carnesi, to provide the predictable result of providing another similar tool head, saving space and prevent the consumer from losing individual wrenches (see Carnesi ¶[0010]).
Seals (US 4967435 A) in the same or similar field of endeavor related to multitools, teaches a tool assembly with the free ends provided with an adjustable hex wrench (see wrench 24 in Seals FIG. 1).
Given that both Johnson and Seals teach pivoting tool assemblies, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute one of the free ends of the tools of Johnson with the adjustable hex wrench of Seals, to provide the predictable result of providing a compact means of tightening and loosening hexagonal bolts of varying sizes in addition to dealing with fasteners with internal hexagonal sockets.
Brucher (DE 102015001265 A1), in the same or similar field of endeavor related to pivoting combination tools, teaches a tool assembly with the free end provided with a cross wrench (see element 5 in Brucher FIG. 1C).
Given that both Johnson and Brucher teach pivoting tool assemblies, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute one of the free ends of the tools of Johnson with cross wrench of Brucher to provide the predictable result of “actuating valves and/or locking or unlocking mechanisms,” providing additional functionality to the tool (see ¶[0035]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Liao (US 7287450 B1) discloses a ball and spring detent mechanism for pivoting a tool out of the handle.
Blasdell (US 3014388 A) discloses a multiple tool-bit wrench that uses a ball and spring detent mechanism to rotate out the tool head.
Chang (US 20180009091 A1) discloses a multi-tool with a ball and spring detent mechanism for pivoting different tools.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CATHERINE JOH whose telephone number is (571)272-0410. The examiner can normally be reached Mon-Fri 8a-5p.
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, David Posigian can be reached at (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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/C.J./Examiner, Art Unit 3723 /TOM RODGERS/Primary Examiner, Art Unit 3723
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