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 § 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-6 are rejected under 35 U.S.C. 103 as being unpatentable over Chen (US 8863624) in view of Huang (US 11446799).
Regarding claim 1, Chen discloses a torque wrench for adjusting sound (column 2 lines 12-17, making a sound to alert the user during torque setting), comprising a handle (item 30 in figure 1), wherein further comprising: a main pipe (item 10 in figure 1), and a ratchet actuating component (item 20 in figure 2) and a rotation limiting assembly (item 60 in figure 1) arranged on the main pipe, wherein one end (item 12 in figure 2, column 3, lines 47-51) of the main pipe is rotatably connected in the handle (the rotation is shown in figure 8); the rotation limiting assembly comprises a plurality of sink grooves (item 13 in figure 2, an annotated figure 2 in included below) evenly arranged in an annular manner on a side wall of the main pipe (column 2 lines 18-25), and the rotation limiting assembly is configured to limit rotation of the handle relative to the main pipe (column 4 lines 61-67); the ratchet actuating component is configured to rotate a bolt, and the rotating handle adjusts the preset torque of the actuating component (column 5 lines 20-23).
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However, Chen fails to disclose that the handle is made from plastic, a placement hole is arranged on a side wall of the plastic handle, a first steel ball and a small spring are arranged in the placement hole, and the small spring pushes the first steel ball to press against the side wall of the main pipe.
Huang is also concerned with a torque wrench that uses sound and vibration to indicate a torque value (column 1 lines 32-38), and specifically teaches a placement hole (item 421 in figure 2) is arranged on a side wall of the handle, a first ball (item 512 in figure 2) and a small spring (item 511 in figure 2) are arranged in the placement hole, and the small spring pushes the first ball (column 2 lines 55-61 describe the sound generation during torque setting) to press against the side wall of the main pipe (shown in figure 5 with item 51 representing both the spring and ball, column 2 line 62 - column 3 line 7).
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It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Chen with the sound and vibration generating means of Huang to alert the user during rotation of the torque setting member for limiting over rotation as described by Huang above.
The combination of Chen and Huang discloses the claimed invention except for the use of plastic as the material for the handle and steel as the material for the balls. It would have been obvious to one of ordinary skill in the art before the effective date of the claimed invention to use plastic in the construction of the handle and steel in the construction of the balls, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. MPEP 2144.07 In re Leshin, 125 USPQ 416.
Regarding claim 2, the combination of Chen and Huang disclose the torque wrench for adjusting sound according to claim 1. Chen further discloses the rotation limiting component further comprises a circular hole (item 322 in figure 2) arranged on the side wall of the plastic handle (item 32 is part of the handle, column 4 lines 41-55), and a second steel ball (item 66 in figure 2) is movably connected in the circular hole; a lock catch (item 60 in figure 2, column 4 lines 15-18) is movably sleeved onto the plastic handle, and when an inner wall of the lock catch contacts the second steel ball, the second steel ball is located in the sink grooves and the circular hole on the side wall of the plastic handle; and an annular receiving groove (item 611 in figure 2) is arranged on an inner wall of the lock catch, and when the annular receiving groove and the second steel ball coincide, the plastic handle rotating relatively to the main pipe pushes the second steel ball into the annular receiving groove and the circular hole on the side wall of the plastic handle (column 4 lines 61–67).
Regarding claim 3, the combination of Chen and Huang disclose the torque wrench for adjusting sound according to claim 2. Chen further discloses a connecting piece (item 32 in figure 2, column 4 lines 41-55) is fixed to one end of the plastic handle close to the main pipe; the connecting piece is configured to limit the lock catch from being detached from the one end close to the main pipe; the one end for limiting the lock catch from moving away from the connecting piece is fixedly connected with a lock catch spring (item 62 in figure 2), and a tail end of the lock catch spring is fixed to the plastic handle (item 613 in figure 2 for mounting the spring to the locking ring, column 4 lines 14-16); and mounting sink grooves are provided on the side wall of the plastic handle, and elastic steel wires (item 63 in figure 2) are provided in the mounting sink grooves (item 301 in figure 2), and two annular positioning grooves (item 614 in figure 2) are provided on the inner wall of the lock catch, and the elastic steel wires cooperate with the two annular positioning grooves (column 5 lines 7-23).
Chen discloses the claimed invention except for multiple steel wires and positioning grooves. It would have been obvious to one having ordinary skill in the art at the time the invention was made to use multiples of these parts, since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. MPEP 2144.04 (VI-B) St. Regis Paper Co. v. Bemis Co., 193 USPQ 8.
Chen discloses the claimed invention except for having the spring mounting on the locking ring instead of on the handle. It would have been obvious to one having ordinary skill in the art at the time the invention was made to change the mounting location, since it has been held that rearranging parts of an invention involves only routine skill in the art. MPEP 2144.04 (VI-C) In re Japikse, 86 USPQ 70.
Regarding claim 4, the combination of Chen and Huang disclose the torque wrench for adjusting sound according to claim 3. Chen further discloses a secondary scale ring (item 321 in figure 2, column 4 lines 41-55) is fixedly connected to one end of the connecting piece away from the plastic handle, and the secondary scale ring and the connecting piece are both movably sleeved onto the main pipe (motion shown in figure 8).
Regarding claim 5, the combination of Chen and Huang disclose the torque wrench for adjusting sound according to claim 1. Chen further discloses the ratchet actuating component comprises a ratchet handle (item 20 in figure 1), the ratchet handle is rotatably connected in the main pipe through a retaining pin (see annotated figure 2 above), and a nut is fixed in the main pipe (see annotated figure 4 below) through a pin (see annotated figure 2 above); and a nut insert (see annotated figure 4 below) is slidably connected in the plastic handle, a screw (item 31 in figure 4) is fixed on the nut insert, the screw penetrates and is threadedly connected in the nut, a gasket (see annotated figure 4 below) is rotatably connected with one end of the nut close to the main pipe, and a main spring (item 40 in figures 3 and 4) and a slider block (item 41 in figure 4) are sequentially arranged between the gasket and the ratchet handle (column 3 line 63 – column 4 line 3).
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Regarding claim 6, the combination of Chen and Huang disclose the torque wrench for adjusting sound according to claim 1. Chen further discloses a tail cover is pluggably connected with one end of the plastic handle away from the main pipe (see annotated figure 4 above).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 3487732 uses a textured and audible dial to set the torque for a torque wrench.
US 20240131663 uses sound to alert the user to a specific status of the torque wrench.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FREDERICK A HINDMAN whose telephone number is (571)270-5928. The examiner can normally be reached Monday - Friday, 730-5.
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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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/FREDERICK A. HINDMAN JR/ Examiner, Art Unit 3723
/BRIAN D KELLER/ Supervisory Patent Examiner, Art Unit 3723
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