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 .
Election/Restrictions
Applicant’s election without traverse of Species I in the reply filed on 10/24/2024 is acknowledged.
Claims 9-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Species II, III, and IV, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 10/24/2024.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the outer surface of the toothed structure being a convex arc surface must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 102
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) 1-2, and 5-8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Adibi (US D1080338 S).
Regarding claim 1, Adibi teaches a toothed structure (ratchet pawl design, 1st annotated Figure, provided below), comprising: a body comprising an inner surface and an outer surface, wherein the inner surface is disposed relatively to the outer surface (inner and outer surface are arranged together as parts of the ratchet pawl); two tooth parts disposed on two ends of the inner surface (tooth parts are arranged on top of the inner surface); and two recessed spaces disposed on the body (recessed spaces are arranged on a side surface of the ratchet pawl), and corresponding to the two tooth parts, respectively (Each recessed space is arranged directly below each tooth part). (Figs. 1-8; See 1st Annotated image)
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1st Annotated image of Adibi’s Figures 1 and 2 representing a claimed design of a ratchet pawl
Regarding claim 2, Adibi teaches the toothed structure (ratchet pawl design, Fig. 4; see 2nd annotated image provided below) of claim 1, wherein, a reference line is defined from the two tooth parts toward the outer surface (reference line is defined from tooth part to outer surface), respectively, each of the two recessed spaces has a recessed space thickness along the reference line (recessed space thickness defined across the circumference of the circle), and a tooth wall thickness is provided between each of the two tooth parts and each of the two recessed spaces along the reference line (tooth wall space thickness defined and shown between the tooth part and the recessed space); the recessed space thickness is greater than the tooth wall thickness (Recessed space thickness appears significantly greater than tooth wall thickness).
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2nd Annotated image shows a front view of the ratchet pawl (Fig. 4 of Adibi) with a defined reference line and various thicknesses.
Regarding claim 3, Adibi teaches the toothed structure (ratchet pawl design, Figs. 1-2, see 3rd annotated image provided below) of claim 1, wherein, a wall thickness is provided between each of the two recessed spaces and the outer surface along the reference line (In the 3rd annotated image, the wall thickness is defined from the recessed space to the surface delimited by the concave arc below the recessed space. See the 1st annotated image for a clearer view of the outer surface (not labelled) that is delimited by the concave arc below the recessed space.); the recessed space thickness is greater than the wall thickness (Recessed space thickness appears significantly greater than wall thickness).
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3rd Annotated Image of Adibi’s Ratchet Pawl Design (Fig. 4) with a defined reference line and various thicknesses.
Regarding claim 5, Adibi teaches the toothed structure (ratchet pawl design, see 1st annotated image) of claim 1, wherein each of the two recessed spaces is a groove or a through hole (Fig. 2, recessed spaces are grooves).
Regarding claim 6, Adibi teaches the toothed structure (ratchet pawl design, see 1st annotated image) of claim 1, wherein each of the two recessed spaces is in a round shaped or in a drop-shaped (Fig. 2, recessed spaces are round-shaped).
Regarding claim 7, Adibi teaches the toothed structure (ratchet pawl design, 1st annotated image) of claim 1, wherein the inner surface is a concave arc surface (Fig. 1, inner surface is a concave arc).
Regarding claim 8, Adibi teaches the toothed structure (ratchet pawl design, 1st annotated image) of claim 1, wherein the outer surface is a planar or convex arc surface (Figs. 1-6, 1st and 2nd annotated images show that the outer surface of Adibi’s ratchet pawl is a planar surface with a recessed space in the center of the outer surface).
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.
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Adibi (US D1080338 S).In reference to claim 3, Adibi teaches the toothed structure of claim 2 (Figs. 1-8, see 2nd annotated image above), wherein, a wall thickness is provided between each of the two recessed spaces and the outer surface along the reference line (see 2nd annotated image, wall thickness is defined between the recessed space and the outer surface.
Adibi lacks,
the recessed space thickness is greater than the wall thickness.
However, there is a finite number of possible solutions that would be obvious to try for the instant invention which are the recessed space thickness is greater than, equal to, or less than the wall thickness.
It would have been obvious to a person of ordinary skill in the art before the effective filing date to implement the solution of the recessed space thickness being greater than the wall thickness to Adibi’s ratchet pawl design (see 1st and 2nd annotated images above) with a reasonable expectation of success of either decreasing the wall thickness to design a smaller pawl that can fit more easily in a ratchet wrench, or increasing the recessed space thickness to design a lighter pawl that is easier for a user to engage with in a ratchet wrench and the results would have been predictable.
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Adibi (US D1080338 S) in view of Lee (US 20060101952 A1).
In reference to claim 4, Adibi teaches the toothed structure of claim 1 (Figs. 1-8, see 1st-2nd annotated images), wherein the body further comprises: two side surfaces connected between the inner surface and the outer surface (Figs. 3-4, 1st annotated image).
Adibi lacks,
the two recessed spaces are opened on one of the two side surfaces and extend from the one of the two side surfaces to the other one of the two side surfaces.
However, Lee teaches a pawl (2) with two recessed spaces (channels 24 and 25) that are opened on one of the two side surfaces and extend from the one of the two side surfaces to the other one of the two side surfaces (Fig. 1, 24-25 are opened on one side surface and extend to the other side surface).
It would have been obvious to a person of ordinary skill in the art before the effective filing date to combine the features of the recessed spaces of Adibi with the recessed spaces of Lee (24 and 25), so that the recessed spaces seen in the ratchet pawl design of Adibi are through holes that extend from one side surface to the other side surface, as opposed to grooves, for the purpose of having a pawl that can have springs arranged in the recessed spaces for a ratchet mechanism in a wrench, and the results would have be predictable.
Conclusion
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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/BUKATUN NOOR CHOWDHRY/Examiner, Art Unit 3723
/ROBERT J SCRUGGS/Primary Examiner, Art Unit 3723
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