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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Claim Objections
Claim 10 is objected to because of the following informalities: claim 10 has several grammatical errors – “configurd” (misspelling) and “is configurd be” (improper grammar). 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.
Claim 3 is 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 3 recites the limitation "the long screwdriver bits" in lines 7-8. There is insufficient antecedent basis for this limitation in the claim.
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, 2, 5 and 11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 6,966,239 B2 to (Lai).
Regarding claim 1, (Lai) discloses a screwdriver tool comprising a drive region (100) configured for applying a torque and with an output socket (driving shaft 10) comprising an end side (not labeled – see Fig. 2) and a circumferential surface (111), wherein the end side comprises an insertion opening (112) configured for receiving a drive stem (31) of a screwdriver bit (30)(see Fig. 6), and an insert (wrench sleeve 20) is configured to be fitted onto the output socket (10), wherein the output socket (10) originates from a contact surface (not labeled – see annotated drawing Fig. 4) configured for contacting and edge of a receiving opening of the insert (20), wherein the contact surface forms one or more first magnetic zones “(via magnetized sleeve-retaining member 12) configured for applying a magnetic force tying the insert (20) to the output socket (10)(see Col. 3, lines 18-22: “Preferably, the sleeve-retaining member 12 is magnetized so as to attract magnetically the wrench sleeve 20 (see FIG. 5) and the head 31 (see FIG. 6) of the screwdriver 30, thereby facilitating operation of the driving shaft 10 during use.”).
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Regarding claim 2, (Lai) discloses a screwdriver tool comprising a drive region (100) configured for applying a torque and with an output socket (driving shaft 10) comprising an end side (not labeled – see Fig. 2) and a circumferential surface (111), wherein the end side comprises an insertion opening (112) configured for receiving a drive stem (31) of a screwdriver bit (30)(see Fig. 6), and the output socket sits (10) in a receiving cavity of an insert (20)(see Fig. 5), which comprises a polygonal-socket opening (not labeled)(see Fig. 5) intended for turning a screw or a nut, wherein the receiving cavity has an axial length which is such that the screwdriver bit (30) at all events extends into an axial partial region of the polygonal-socket opening.
Regarding claim 5, in the screwdriver tool of (Lai) according to claim 1, the output socket (10) has a square cross-section in accordance with the well-known conventional sizes, i.e., 3/8 inch, ½ inch, or ¾ inch; and an insertion opening (112) having a hexagonal cross-section of ¼ inch size.
Regarding claim 11, in the screwdriver tool of (Lai) according to claim 2, (Lai) states in Col. 3, lines 1-11:
“The sleeve-retaining member 12 is disposed within the screwdriver-engaging groove 112 in the end surface of the driving end 11 of the shaft body 10, and is configured as a U-shaped reed spring that includes two parallel side plates 121, a projection 122 formed integrally with one of the side plates 121, and an elongated connecting plate 123 that has two ends formed respectively and integrally with the side plates 121 and that abuts against the polygonal planar surface 115 of the driving end 111 of the shaft body 11. The side plates 121 of the sleeve-retaining member 12 abut against the annular inner surface of the driving end 111 of the shaft body 11, and are adapted to flank and abut against the head 31 (see FIG. 6) of the screwdriver 30 (see FIG. 6). The projection 122 extends through the hole 114 in the shaft body 11, and is adapted to be biased to press against the wrench sleeve 20 (see FIG. 5) so as to retain the wrench sleeve 20 (see FIG. 5) on the driving end 11 of the driving shaft 10. Preferably, the sleeve-retaining member 12 is magnetized so as to attract magnetically the wrench sleeve 20 (see FIG. 5) and the head 31 (see FIG. 6) of the screwdriver 30, thereby facilitating operation of the driving shaft 10 during use.”
Thus, (Lai) provides “a method of assembling a screwdriver…” according to claim 11.
Claim(s) 3 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2016/0046014 A1 to (Shine, III).
(Shine, III) discloses a screwdriver tool comprising a magazine (multi-tier cartridge 30), which is arranged in a
cavity (27) of a handle (16) and which is configured to be pulled out from a storage position into a removal position through an opening arranged at a rear end side of the handle (16), and which comprises a first tool carrier (bit holders 36 and divider 33; see annotated Fig. 6) with a plurality of pockets (channels 46; Fig. 10) each for accommodating a screwdriver bit (42)(para. [0026]) and forms a closure cap (13) which closes the opening in the storage position, and a second tool carrier (bit holders 36 and divider 32;) which comprises retaining tabs (fingers 45; Fig. 10), with which .
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure as describing a number of known screwdriver tools having features related to the claimed invention.
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/
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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.
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over (Lai), as applied to claim 1 above, as being obvious in view of US 5,577,426 A to (Eggert et al.).
(Lai), as applied to claim 1 above, provides, inter alia, a screwdriver tool according to claim 1 with a magnetic zone, however, fails to explicitly state that the magnetized sleeve-retaining member (12) is a permanent magnet.
However, (Eggert at al.) provides a screwdriver tool (10) and demonstrated that the implementation of a permanent magnet (25), such as a neodymium permanent magnet, is a known type of magnet for securing removable tool elements, e.g. a screwdriver bit, to the drive region of a screwdriver tool, by affording “greater magnetic holding power with significantly reduced magnet mass” (Col. 1, lines 18-27).
Therefore, it would have been obvious to one having ordinary skill in the art at the time of the effective filing date of the invention to have modified the screwdriver tool of (Lin) by providing a permanent magnet for the sleeve-retaining member, as taught by (Eggert et al.), having the predictable result of affording greater magnetic holding power with significantly reduced magnet mass.
Allowable Subject Matter
Claims 6-10 are objected to as being dependent upon a rejected base claim, but would be allowable if claims 6, 8 and 10 are 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 6, that the insertion opening forms at least a second magnetic zone for the application of a magnetic force holding the screwdriver bit in the insertion opening; regarding claim 8, that the drive region is a handle which can be gripped by a user's hand, the handle having a cavity in which a magazine storing bits or inserts is located; or, regarding claim 10, that the output socket is formed by a head, which is connected in a swivellable manner to the drive region and which is configured to be blocked in one or more swivelling positions about a swivel axis with a blocking element and/or which comprises a direction-reversible freewheel gear.
