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
Benefit of earlier filing date of 07/05/2023 of provisional application No. 63/525,081 is acknowledged as required by 35 U.S.C. 119.
Claim Objections
Claims 1 and 12 are objected to because of the following informalities:
Claim 1, line 3, “a drive head” should read --a drive head,--.
Claim 12, line 3, “a drive head” should read --a drive head,--.
Appropriate correction is required.
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 13 and 14 recite the limitation “the ratchet”. There is insufficient antecedent basis for this limitation in the claim. Because “ratchet” is not previously recited. It is not clear if it is the same as “ratchet mechanism” previously recited or is different.
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 12-14 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Shumway (US 4545267 A).
Regarding claim 12, Shumway teaches a multimode hand tool for driving a threaded fastener component in at least two different modes, the hand tool comprising:a drive head (head 12), a drive member (drive member comprises ratchet head 150 and socket discussed in col. 6, lines 54-66) mounted in the drive head for rotation about a drive axis, the drive member having a through opening (through opening of socket) centered on the drive axis and configured to engage with an exterior drive surface of at least one of a threaded nut and a nut driving socket;a shaft housing (32) extending from the drive head along a shaft axis, the shaft axis being non-parallel to the drive axis, the drive head fixed to the shaft housing;a shaft (shaft 82 and 214) mounted in the shaft housing for rotation about the shaft axis, the shaft extending along the shaft axis from a driven end of the shaft to a drive end of the shaft, the driven end having an exterior surface (hex flats 124) configured for selective engagement with a handheld power drive (this is intended use of the hex flats; hex flats can be engaged with a socket or wrench as discussed in col. 6, lines 22-25 and be rotated manually or by power tool) to transfer torque from the power drive to the shaft, the drive end operably connected to the drive member to transfer torque to the drive member (via gears of 84 and 156); a handle (102) extending along the shaft axis from a first end adjacent the drive head to a second end adjacent the driven end of the shaft, the shaft housing mounted in the handle to translate along the shaft axis between first, second and third positions and the shaft fixed in the shaft housing for translation therewith between the first (when handle 102 is pulled ball 60 is engaged in groove 115 and gears 84 and 156 are disengaged), second (when ball 60 is engaged with groove 114 and gears 84 and 156 are engaged); anda ratchet mechanism mounted adjacent the second end of the handle and the driven end of the shaft to selectively transmit a torque between the handle and the shaft; wherein in the first position the driven end of the shaft extends outwardly from the second end of the handle for selective engagement with a handheld power drive to transfer torque from the handheld power drive to the drive member; and
in the second position the handle and the shaft housing are engaged to prevent relative rotation therebetween and the driven end of the shaft is engaged with the ratchet mechanism to transfer torque from the handle to the drive member as the drive head is rotated about the drive axis (one position is when handle 102 is pulled ball 60 is engaged in groove 115 and gears 84 and 156 are disengaged and the other position is when ball 60 is engaged with groove 114 and gears 84 and 156 are engaged).
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Regarding claim 13, Shumway teaches a ratchet is mounted in the drive head.
Regarding claim 14, Shumway teaches a ratchet is mounted adjacent the second end of the handle.
Allowable Subject Matter
Claims 1-11 are allowed.
Regarding claim 1, Shumway teaches a multimode hand tool for driving a threaded fastener component in at least three different modes, the hand tool comprising:a drive head (head 12), a drive member (drive member comprises ratchet head 150 and socket discussed in col. 6, lines 54-66) mounted in the drive head for rotation about a drive axis, the drive member having a through opening (through opening of socket) centered on the drive axis and configured to engage with an exterior drive surface of at least one of a threaded nut and a nut driving socket;a shaft housing (32) extending from the drive head along a shaft axis, the shaft axis being non-parallel to the drive axis, the drive head fixed to the shaft housing;a shaft (shaft 82 and 214) mounted in the shaft housing for rotation about the shaft axis, the shaft extending along the shaft axis from a driven end of the shaft to a drive end of the shaft, the driven end having an exterior surface (hex flats 124) configured for selective engagement with a handheld power drive (this is intended use of the hex flats; hex flats can be engaged with a socket or wrench as discussed in col. 6, lines 22-25 and be rotated manually or by power tool) to transfer torque from the power drive to the shaft, the drive end operably connected to the drive member to transfer torque to the drive member (via gears of 84 and 156); a handle (102) extending along the shaft axis from a first end adjacent the drive head to a second end adjacent the driven end of the shaft, the shaft housing mounted in the handle to translate along the shaft axis between first, second and third positions and the shaft fixed in the shaft housing for translation therewith between the first (when handle 102 is pulled ball 60 is engaged in groove 115 and gears 84 and 156 are disengaged), second (when ball 60 is engaged with groove 114 and gears 84 and 156 are engaged); anda ratchet mechanism mounted adjacent the second end of the handle and the driven end of the shaft to selectively transmit a torque between the handle and the shaft. Shumway teaches two positions and not three positions.
Claims 2-11 are allowed due to dependency on allowed claim 1.
Claim 15 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Regarding claim 15, Shumway teaches the shaft housing is mounted in the handle to translate along the shaft axis. However Shumway teaches two positions and not three positions.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Huang (US 7069818 B1) teaches a multimode hand tool for driving a threaded fastener component in at least three different modes, the hand tool comprising:a drive head (housing 24), a drive member (drive member comprises at least drive member 20 and socket 12) mounted in the drive head for rotation about a drive axis, the drive member having a through opening (through opening of 12) centered on the drive axis and configured to engage with an exterior drive surface of at least one of a threaded nut (14) and a nut driving socket;a shaft housing (26) extending from the drive head along a shaft axis, the shaft axis being non-parallel to the drive axis, the drive head fixed to the shaft housing;a shaft (drive shaft 28) mounted in the shaft housing for rotation about the shaft axis, the shaft extending along the shaft axis (L) from a driven end of the shaft to a drive end of the shaft, the driven end having an exterior surface configured for selective engagement with a handheld power drive (knurled exterior surface of 104 can be gripped by chuck of a power drill) to transfer torque from the power drive to the shaft, the drive end operably connected to the drive member to transfer torque to the drive member (via gears of 80 and 20).
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Any inquiry concerning this communication or earlier communications from the examiner should be directed to MAHDI H NEJAD whose telephone number is (571)270-0464. The examiner can normally be reached Monday-Friday 7:30am-4pm EST.
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MAHDI H. NEJAD
Examiner
Art Unit 3723
/MAHDI H NEJAD/Primary Examiner, Art Unit 3723
