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 .
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 9 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 9 recites the limitation "a second restricting member". There is insufficient antecedent basis for this limitation in the claim. Since “a first restricting member” has not been recited it is not clear how many restricting members there are and what the “second restricting member” is directed to.
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 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.
(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.
Claim(s) 1 and 5 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yang (US 4976173 A).
Regarding claims 1 and 21, Yang discloses a screwdriver (figs. 2), including: a handle (205), including a housing, the housing defining an inner space (203); a fixed stem (204), defining an axial direction, disposed on the housing (fig. 2) and protruding into the inner space (portion with electrical connections protrudes into 205); a storage assembly (202), including a movable stem (202/209/211) and at least one storage seat (212/213) disposed on the movable stem, the movable stem (202) sleeved with the fixed stem (204) and being movable relative to the fixed stem between an access position (access position if 202 is at least partially removed from 204, fig. 2- see figs. 2-5 to 2-7 showing fully removed) and a storage position (202 completely attached an inserted fully to have chuck in shown in fig. 2 in storage position); and
an engaging mechanism (fig. 2), including at least one first engaging portion (241/208) disposed on the fixed stem, a second engaging portion (220) disposed on the movable stem and a release assembly (242), at least a portion of the release assembly being movable relative to the second engaging portion (threads/moves on proximally and removes distally relative to 220);
wherein when the movable stem (202) is in the access position (fig. 2-7), the second engaging portion (220) is engaged with the at least one first engaging portion (see 208 in fig. 2 in which at least one of the engaging electrical contacts 220 will contact the distal most 208 and be in the access position), the at least one storage seat (212/213) is located out of the inner space (if 202 is partially removed both 212/213 will be out of 203 area),
the release assembly (242, second 220, and/or 231/235) is configured to be operated and abutted against the second engaging portion (220) so that the second engaging portion is disengaged from the at least one first engaging portion (241/208- as 242 is loosed while still abutting 241 220 will be released from the clamping gap and also be released from 208, also the second 202 is a release assembly biases to release the first 202 when being pulled out), and the storage assembly (202) is detachable from the fixed stem (204) and removable from the handle (205, also note that col. 3, lines 33- col. 4, line 55, figs. 2-3).
Regarding claims 5, Yang discloses the release assembly (242, second 220, and/or 231/235) includes a push member (220 or 242) being abuttable against the second engaging portion (208), a side of the push member facing toward the second engaging portion has at least one push arm (portions of 242/202) extending in the axial direction (202 and 242 extend in the axial direction); when the push member is moved toward the second engaging portion, the at least one push arm urges the at least one elastic member to elastically deform and disengaged from the at least one first engaging portion (if 242 is loosened the elastic members are caused to elastically deform and if 220 is pulled it will elastic member to elastically deform also affecting the other 220 to deform).
Claim(s) 1-4 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nino et al. (US 20160101509 A1).
Regarding claim 1, Nino et al. discloses a screwdriver (fig. 2), including: a handle (301), including a housing (300), the housing defining an inner space (24/26, see fig. 1); a fixed stem (102/20), defining an axial direction, disposed on the housing (300) and protruding into the inner space (note inner space also runs from proximal end of 102 up into 300 figs. 1 and 7 and see examiner annotation); a storage assembly, including a movable stem (50) and at least one storage seat (36) disposed on the movable stem, the movable stem (50) sleeved with the fixed stem (20) and being movable relative to the fixed stem between an access position (removed); and a storage position (inserted fully); and
an engaging mechanism (figs. 1-2), including at least one first engaging portion (slot 25/guide27) disposed on the fixed stem (20), a second engaging portion (first and second spring arms 32 and 34 and/or extended region or regions, fig. 6) disposed on the movable stem (50) and a release assembly (100 in conjunction with pin catch guide 60/catch regions 66/68 with first and second spring arms 32 and 34), at least a portion (100 moveable to first and second spring arms 32 and 34) of the release assembly being movable relative to the second engaging portion (spring arms 32/34 move relative to 100, figs. 2-6);
wherein when the movable stem (50) is in the access position (fig. 3), the second engaging portion (first and second spring arms 32 and 34) is engaged with the at least one first engaging portion (slot 25/guide27), the at least one storage seat (36) is located out of the inner space (24/26),
the release assembly (100 in conjunction with pin catch guide 60/catch regions 66/68 with first and second spring arms 32 and 34) is configured to be operated and abutted against the second engaging portion (first and second spring arms 32 and 34 are part of 36 which abuts 100) so that the second engaging portion (32/34) is disengaged from the at least one first engaging portion (50 slides to release 32/34/36 out of compressed engaged position in the slot 25/27), and the storage assembly (50) is detachable from the fixed stem (20) and removable from the handle (capable of being removed [0026-0035], figs. 1-6).
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Regarding claims 2-4, Nino et al. discloses the second engaging portion includes at least one through hole (guide 60/catch regions 66/68 with first and second spring arms 32 and 34) radially extending through the movable stem and at least one elastic member (32/34), the at least one elastic member is protrudable beyond an inner circumferential surface of the movable stem (fig. 3B) via the at least one through hole and engaged within the at least one first engaging portion so that the movable stem is positioned in the access position or the storage position ([0026-0035], figs. 1-6), wherein each of the at least one elastic member (32/34) includes a restricting portion (36) at least partially received within one said through hole and two elastic arms (32/34) located at two opposite sides of the restricting portion ([0027], fig. 4), the second engaging portion further includes at least two receiving portions (catch regions 66/68) located at two opposite sides of one said through hole, and each of the two elastic arms is engaged within one of the at least two receiving portions, wherein each of the at least one elastic member includes a restricting portion at least partially received within one said through hole, the movable stem has at least two engaging grooves located at two opposite sides of one said through hole, and the restricting portion of each said elastic member is disposed across and between two said engaging grooves and protrudes beyond a side of each of the two said engaging grooves opposite to one said through hole ([0026-0035], figs. 1-6).
Allowable Subject Matter
Claims 6-8 and 10 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
As allowable subject matter has been indicated, applicant's reply must either comply with all formal requirements or specifically traverse each requirement not complied with. See 37 CFR 1.111(b) and MPEP § 707.07(a).
Reasons for Allowable Subject Matter
The following is an examiner’s statement of reasons for allowance: the prior art of record fails to teach or render obvious a screwdriver device with a storage assembly comprising all the structural and functional limitations and further comprising, amongst other limitations/features, the storage assembly, including a movable stem and at least one storage seat disposed on the movable stem with first and second engaging members and elastic members with restricting portions to secure the stem to a fixed stem of the screw driver for holding tool drives/bits and “the release assembly includes a push member being abuttable against the second engaging portion and a first restricting member located between the push member and the second engaging portion, one of the second engaging portion and the first restricting member includes at least one convex portion, the other of the second engaging portion and the first restricting member includes at least one concave portion non-rotatably engaged with the at least one convex portion, and the push member is partially and non-rotatably disposed through the first restricting member”. Though Yang (US 4976173 A) teaches a similar storage assembly, including a movable stem, it would not be obvious to modify Yang’s moveable stem to include a push member that engages restricting members to disengage and remove the tool storage assembly and one of ordinary skill would recognize that the removeable storage assembly with engaging members and restriction members is not found in the prior art and modify the storage clamping member to function with press member is an unexpected result of easily removing and storing tools in a compact screw driver assembly. Having the efficiency and speed of the storage assembly being engaged and disengaged provides an effective screw driver with tool storage easily detachable and changeable for accommodating different types or sizes of tool heads or sockets.
While various features of the claimed subject matter are found individually in the prior art, a skilled artisan would have to include knowledge gleaned only from the applicant's disclosure to combine or modify the teachings of the prior art to produce the claimed subject matter, and thus obviousness would not be proper. See In re McLaughlin, 443 F.2d 1392, 170 USPQ 209 (CCPA 1971). There is no teaching, suggestion, or motivation found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art to combine or modify the teachings of the prior art to produce the claimed invention, and thus obviousness would not be proper. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007).
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
Additional prior art considered pertinent: see form 892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT LONG whose telephone number is (571)270-3864. The examiner can normally be reached M-F, 9am-5pm, 8-9pm (EST).
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, SHELLEY SELF can be reached at (571) 272-4524. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ROBERT F LONG/Primary Examiner, Art Unit 3731
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