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 .
Specification
Applicant is reminded of the proper content of an abstract of the disclosure.
A patent abstract is a concise statement of the technical disclosure of the patent and should include that which is new in the art to which the invention pertains. The abstract should not refer to purported merits or speculative applications of the invention and should not compare the invention with the prior art.
If the patent is of a basic nature, the entire technical disclosure may be new in the art, and the abstract should be directed to the entire disclosure. If the patent is in the nature of an improvement in an old apparatus, process, product, or composition, the abstract should include the technical disclosure of the improvement. The abstract should also mention by way of example any preferred modifications or alternatives.
Where applicable, the abstract should include the following: (1) if a machine or apparatus, its organization and operation; (2) if an article, its method of making; (3) if a chemical compound, its identity and use; (4) if a mixture, its ingredients; (5) if a process, the steps.
Extensive mechanical and design details of an apparatus should not be included in the abstract. The abstract should be in narrative form and generally limited to a single paragraph within the range of 50 to 150 words in length.
See MPEP § 608.01(b) for guidelines for the preparation of patent abstracts.
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 14-18 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.
Claim 14 recites the limitation "the ratchet gear" in the second clause (line 4). There is insufficient antecedent basis for this limitation in the claim.
As claims 15-18 depend from claim 14, they are likewise indefinite.
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(s) 1, 9 and 14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 20180361545 A1 to (Ross et al.).
Regarding claim 1, (Ross et al.) discloses a ratchet tool comprising: a head 10 operably connected to a handle (not shown), the head including at least one cavity (e.g., drive cavity 26), wherein the at least one cavity receives and attaches to a cover plate 50; a ratchet gear 24 including a drive member (drive post 38) for transmitting torque to a work piece; a pawl 20,22 disposed in the at least one cavity (a further portion of the cavity 16, referred to as the pawl cavity 60) adjacent the ratchet gear 24, wherein the pawl 20,22 is operable to engage with the ratchet gear 24 in a first position to transmit torque through the ratchet gear 24 and drive member 38 in a first direction and a second position to transmit torque through the ratchet gear and drive member in a second direction; a selector switch (reversing disc portion 90 of the reversing lever mechanism 70) disposed in the at least one cavity (actuator cavity 72 of the cavity 16) and configured to move the pawl 20,22 between the first position and the second position; a spacer (spacer 140) disposed in the at least one cavity 72; and a retaining clip (retaining ring 220) configured to inhibit an vertical movement of the ratchet gear in the at least one cavity (Fig. 1).
Regarding claim 9, (Ross et al.) discloses a ratchet tool head assembly comprising: a head body (ratchet-head body 14) having first and second sides with a body cavity 16 disposed in the first side, wherein the body cavity includes: a drive cavity portion 26, wherein the drive cavity portion is configured to receive a ratchet gear 24 such that the ratchet gear is rotatably disposed in the drive cavity portion 26, the ratchet gear including a drive post 38 extending vertically from the ratchet gear 24; an actuator cavity portion (a further portion of the cavity 16, referred to as the pawl cavity 60 and actuator cavity 72); and a groove 230 disposed in a sidewall of the drive cavity portion 26 proximate to and parallel with the first side; a retaining clip (retaining ring 220) received by the groove 230, wherein the retaining clip 220 is configured to inhibit a vertical movement of the ratchet gear, wherein the retaining clip 220 includes a plurality of lug arms 226 extending toward the actuator cavity portion 60; a spacer (spacer 140) received by the actuator cavity portion 72 and configured to retain an actuator (a reversing lever portion 76 attached to a reversing disk portion 90 wherein, reversing disc portion 90 of the reversing lever mechanism 70 is selectively rotated using the lever portion 76 to select one of the pawls 20, 22, thereby setting a drive direction)(para. [0021]) within the actuator cavity portion; and a cover plate 50 disposed on the first side of the head body, wherein the cover plate 50 encloses the body cavity 16 and includes an aperture (circular bore 56), wherein the drive post 38 of the ratchet gear 24 projects vertically from the ratchet gear through the aperture 56.
Regarding claim 10, in (Ross et al.) according to claim 9 above, the retaining clip 220 increases a side load strength of the ratcheting tool head.
Regarding claim 11, in (Ross et al.) according to claim 10 above, the retaining clip 220 allows for increase of a torque delivered through the ratchet tool.
Regarding claim 12, in (Ross et al.) according to claim 11 above, the ratchet tool further comprises a pawl 20,22 disposed in a pawl cavity portion 60, the pawl 20,22 being engageable with the ratchet gear 24 to select a drive direction in which the ratchet gear 24 rotates relative to the head body (ratchet-head body 14).
Regarding claim 13, in (Ross et al.) according to claim 12 above, the lug arms 226 of the retaining clip 220 are configured to inhibit a vertical movement of the pawl (para. 0024], last sentence; Fig. 1).
Regarding claim 14, the ratchet tool of (Ross et al.) may be assembled by: providing a ratchet tool head 10 having a body cavity 16 including a drive cavity portion 26 and an actuator cavity portion (pawl cavity 60 and actuator cavity 72); inserting an actuator (a reversing lever portion 76 attached to a reversing disk portion 90 wherein, reversing disc portion 90 of the reversing lever mechanism 70 is selectively rotated using the lever portion 76 to select one of the pawls 20, 22, thereby setting a drive direction)(para. [0021]) operable to engage the ratchet gear 24, wherein the actuator is inserted into the actuator cavity portion (pawl cavity 60 and actuator cavity 72); inserting a ratchet gear 24 having a drive post 38 into the drive cavity portion 26 of the ratchet tool head; engaging a retaining clip 220 into a groove 230 disposed in a sidewall of the drive cavity portion 26 to inhibit a vertical movement of the ratchet gear 24 in the drive cavity portion 26, wherein the retaining clip 220 includes lug arms 226 extending toward the actuator cavity portion; placing a spacer 140 above the actuator; and covering one or more of the body cavity, the drive cavity portion, or the actuator cavity portion with a cover plate 50, wherein the drive post 38 projects outwardly from the ratchet gear through an aperture (bore 56) disposed in the cover plate 50, the retaining clip 220 being disposed between a portion of the ratchet gear 24 and the cover plate 50.
Regarding claim 15, in assembling the ratchet tool of (Ross et al.), further comprising engaging the retaining clip 220 including disposing an inner portion of the retaining clip 220 on top of a shelf of the ratchet gear 24 (see, e.g., Figs. 1 and 5 and para. [0033]).
Regarding claim 16, in assembling the ratchet tool of (Ross et al.), the actuator includes a pawl 20,22 and a switch (reversing lever mechanism 70), wherein the pawl 20,22 is disposed between the ratchet gear 24 and the switch (reversing lever mechanism 70)(para. 0018]); and wherein the method further comprises disposing the pawl 20,22 below one or more of the lug arms 226 of the retaining clip 220, and wherein the lug arms 226 of the retaining clip 220 retain the pawl 20,22 in a pawl cavity portion 60 (para. 0024], last sentence; Fig. 1), and the pawl 20,22 is adapted to be selectively engaged with the ratchet gear to select a drive direction in which torque is transmitted to a work piece (para. [0016]).
Regarding claim 17, in assembling the ratchet tool of (Ross et al.), the switch includes a selector lever 76 and the method further comprising disposing the selector lever 76 on a bottom side of the ratchet tool head 10 for a user to manipulate (para. [0018]).
Regarding claim 18, in assembling the ratchet tool of (Ross et al.), further comprising arranging the spacer 140 and retaining clip 220 to inhibit a[n] vertical movement of one or both of the pawl 20,22 or the switch (reversing lever mechanism 70).
Allowable Subject Matter
Claims 2-8 are objected to as being dependent upon a rejected base claim, but would be allowable if claim 2 is rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: regarding claim 2, that the tool comprises a sleeve body disposed in the at least one cavity adjacent the selector switch and configured to retain the selector switch while allowing for movement of the selector switch, together in combination with the rest of the limitations in claim 1, has neither been disclosed nor suggested by the prior art of record considered as a whole, alone, or in combination.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure as describing a variety of ratchet tools having components related to the present disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to David B. Thomas whose telephone number is (571) 272-4497. The examiner’s e-mail address is: dave.thomas@uspto.gov. The examiner can normally be reached on Mon-Fri 11:30-7:30.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Posigian can be reached on (. The fax phone 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.
/David B. Thomas/
Primary Examiner, Art Unit 3723
/DBT/
Prosecution Insights