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 with traverse of Group I and Species A (Figs., 1A-1D) in the reply filed on June 3, 2026 is acknowledged. The traversal is on the ground(s) that claims 1-8 of Group I, are apparatus claims, not method claims, and are similar to the apparatus of Group II. Applicant argues that the reason for restriction that the method of group I may be practiced by another apparatus, does not support the restriction. This is not found persuasive because group I, as noted has the apparatus of claims 1-8 and the process of claims 9-16. The method and apparatus of claims 1 and 9 are considered associated, and were not restricted. However, the apparatus of restricted claim 17, requires a female B-nut and gear train, which are not required for the method claim of group I. Accordingly, method and apparatus of Group I are distinct from the apparatus of Group II. The argument regarding the election of species, is not persuasive because if different embodiments of cited species, per drawings, are not distinct and would not provide unnecessary burden, they would have been considered as obvious variants. However, applicant has not argued or stated that these species are obvious variants of each other and examining these non-obvious variants would also impose unnecessary search and consideration burden.
The requirement is still deemed proper and is therefore made FINAL.
Claims 17-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected Group and claim 3 and its associated method claim 11, claim 5 and its associated method claim 13 and claims 6 through 8 and their associated method claims 14 through 16 are also withdrawn as being drawn to non-elected species, i.e., Species F (strap), Species D (gear train) and Species D (gate 220, lever 206 and lever 208), respectively, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on June 3, 20206.
Claim Rejections - 35 USC § 102
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 1, 4, 9 and 12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lu et al. (7,631,580n “Lu”).
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Lu discloses all of the limitations of claim 1 and claim 9, i.e., an apparatus and its associated method, comprising
a crowfoot 120 defining a first opening 122 sized to engage a first nut 20;
a clasp 66 arranged to close such that the clasp defines a second opening 78 sized to engage a second nut 12, wherein the clasp comprises gear teeth positioned along a portion of an outer perimeter of the clasp; and
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a first gear e.g., pinion gears 58, 60 or drive gear 86 arranged to engage the gear teeth such that turning the first gear causes the clasp to turn to rotate the second nut such that the second nut engages the first nut Figs. 3 and 4 when the crowfoot is engaged with the first nut and when the clasp is engaged with the second nut.
Regarding claim 4, PA (prior art, Lu) meets the limitations, i.e., the apparatus of Claim 1, further comprising a shaft coupled to the first gear, wherein turning the shaft causes the first gear to turn.
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CLAIM 9
Lu discloses all of the limitations of claim 9, i.e., a method, comprising:
engaging a crowfoot 120 with a first nut 20 such that the first nut is positioned within a first opening 122 defined by the crowfoot Fig. 3;
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closing a clasp 66 around a second nut such that the second nut is positioned within a second opening 78 defined by the clasp, wherein the clasp comprises gear teeth 68 positioned along a portion of an outer perimeter of the clasp Fig. 2, and wherein the first opening 122 is aligned with the second opening 78. Fig. 1; and
turning a first gear engaged with the gear teeth such that the clasp turns to rotate the second nut such that the second nut engages the first nut Fig. 4.
Regarding claim 12, PA (prior art, Lu) meets the limitations, i.e., the method of Claim 9, further comprising turning a shaft coupled to the first gear, wherein turning the shaft causes the first gear to turn.
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.
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 2 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Lu in view of Minotti (4,374,479).
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Lu meets all of the limitations of claims 2 and its associated method claim 10, as applied to the parent claims 1 and 9 above, except for further comprising a pin, wherein the clasp defines a first aperture and a second aperture, wherein the first aperture aligns with the second aperture when the clasp is closed, and wherein the pin is arranged to extend through the first aperture and the second aperture to lock the clasp.
Minotti teaches torque transfer device for wrenches comprising a clasp 16 including an arcuate segment 48 which is hingedly connected to the remainder portion 50 at a hinge 52 having a pin member passing through tongue portion extending from arcuate member 48 and though a hasp portion formed at reminder portion 50, 04:5-15.
It would have been obvious to one of ordinary skill in the art, before the effective date of the invention, to modify the invention of Lu with the hinged clasp as taught by Minotti to facilitate slidable receipt of the workpiece accessing the workpiece along a direction perpendicular to the axial direction, in hard-to-reach places.
Conclusion
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Prior art made of record and not relied upon at this time, are considered pertinent to applicant’s disclosure. Francis and Tucker et al. are cited to show related inventions.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HADI SHAKERI whose telephone number is (571)272-4495. The fax phone number for forwarding unofficial documents for discussion purposes only is (571) 273-4495. The examiner can normally be reached on M-F.
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, Brian Keller can be reached on 571 272 8548. The fax number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/Hadi Shakeri/
September 3, 2026 Primary Examiner, Art Unit 3723
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