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
1. The disclosure is objected to because of the following informalities:
In paragraph 0002, line 4, "pivotable relative" should read "pivotably relative"
In paragraph 0013, line 6, "switch" should read "switching"
In paragraph 0017, line 1, "witch" should read "switch"
In paragraph 0018, line 1, "The receives the post 36" should read "The slot 41 receives the post 36"
Appropriate correction is required.
Claim Objections
2. Claim 1 objected to because of the following informalities:
In claim 1, line 8, “second positions” should read --second position--
Appropriate correction is required.
Claim Rejections - 35 USC § 102
3. 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
4. Claim(s) 1 and 6-7 is/are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Madeira (U.S. Patent No 1,978,543).
Regarding claim 1, Madeira teaches a pair of pliers (Fig. 1) comprising:a first handle (handle A), a second handle (handle B) connected to the first handle, and a latch unit comprising:
a pawl (2) secured to the first handle, a rack (1) pivotally connected to the second handle (Col. 2, lines 59-62),
a spring (10) for biasing the rack into engagement with the pawl (Col. 2, lines 13-23), and
a switch (thumb piece a) movable between a first position and a second positions (thumb piece a is in different positions in Figs. 1-2), wherein the switch allows engagement of the rack with the pawl in the first position (finger 6 engages with shoulders 5), wherein the switch keeps the rack from the pawl in the second position (finger 6 is disengaged from shoulder 5) (Figs. 1-2).
Regarding claim 6, Maderia teaches the pair of pliers (Fig. 1) according to claim 1, wherein the rack comprises a wall (Figs. 1-2, rack bar 1) in contact with the switch in the second position.Regarding claim 7, the pair of pliers (Fig. 1) according to claim 6, wherein the switch comprises a restraint (Figs. 1-2, binding member 7) in contact with wall when the switch is in the second position.
Claim Rejections - 35 USC § 103
5. 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.
6. Claim(s) 8 is rejected under 35 U.S.C. 103 as being unpatentable over Madeira (U.S. Patent No 1,978,543), in view of Buchanan (US 2009/0178518).
In reference to claim 8, Madeira discloses the limitations of claim 1, as described above, but does not explicitly disclose that the switch comprises two tabs operable to move the switch. However, Buchanan teaches a pair of pliers with a switch device comprising two tabs (Figs. 1-4, thumb tab 28; Paragraph 0031]) that can be used to move the switch. A tab is defined here as a short, projecting device, so that thumb tab 28 comprises three tabs defined by the three round protrusions at the top of thumb tab 28.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to replace the switch device taught by Madeira with the switch device taught by Buchanan, and the results would have been predictable.
7. Currently, no claim limitations are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Allowable Subject Matter
8. Claims 2-5 are 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.
9. The following is an examiner's statement of reasons for allowance:
Regarding claim 2, the closest art of record, Madeira (US 1,978,543) discloses the limitations of claim 1, as described above, but, alone or in combination, neither anticipates nor renders obvious of providing that; the latch unit further comprises a post secured to the second handle, wherein the spring comprises two rectilinear sections and a helical portion formed between the rectilinear sections, wherein the helical portion extends around the post, wherein one of the rectilinear sections is connected to the second handle, wherein the remaining one of the rectilinear sections is connected to the rack.
Claims 3-5 would be allowable as being dependent from an allowable claim.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
10. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Murphy (4476750) discloses a pair of c-ring pliers with an improved latching mechanism comprising of a pair of handles 11 and 12, a pair of elongated jaws 13 and 14, and a pivot pin 15 that pivotally connects the endplates 31 attached to handles 11 and 12. A latch mechanism comprising of a rack 61, a pawl 62, and a spring 64 is formed between the end plates 31. The spring 64 is compressed between the pawl 66 and an anchor post 65 tends to keep the pawl 66 engaged with the rack 61.
11. Any inquiry concerning this communication or earlier communications from the examiner should be directed to BUKATUN NOOR CHOWDHRY whose telephone number is (571)272-0152. The examiner can normally be reached Monday - Friday 7:30 am - 5:00 pm ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Keller can be reached at (571) 272-8548. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BUKATUN NOOR CHOWDHRY/Examiner, Art Unit 3723
/BRIAN D KELLER/Supervisory Patent Examiner, Art Unit 3723
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