Prosecution Insights
Last updated: October 02, 2026
Application No. 18/936,586

SWAGE TOOL

Non-Final OA §102
Filed
Nov 04, 2024
Priority
Jan 18, 2024 — provisional 63/622,253
Examiner
SULLIVAN, DEBRA M
Art Unit
Tech Center
Assignee
Black & Decker Inc.
OA Round
1 (Non-Final)
78%
Grant Probability
Favorable
1-2
OA Rounds
11m
Est. Remaining
96%
With Interview

Examiner Intelligence

Grants 78% — above average
78%
Career Allowance Rate
869 granted / 1108 resolved
+18.4% vs TC avg
Strong +17% interview lift
Without
With
+17.2%
Interview Lift
resolved cases with interview
Typical timeline
2y 10m
Avg Prosecution
32 currently pending
Career history
1135
Total Applications
across all art units

Statute-Specific Performance

§101
1.4%
-38.6% vs TC avg
§103
34.6%
-5.4% vs TC avg
§102
24.3%
-15.7% vs TC avg
§112
34.9%
-5.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1108 resolved cases

Office Action

§102
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 § 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. 1. Claim(s) 1-18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Li et al (US 9,975,289). In reference to claim 1, Li et al a tool (10) operable to expand an end of a malleable metal tubing, the tool comprising a housing (11), a cylindrical jaw assembly (30) disposed on the housing, the jaw assembly comprising a plurality of semi-cylindrical jaws (31) [see col. 2 lines 64-65] rotatable about an axis and movable between a closed position where portions of the plurality of jaws are adjacent to the axis and an expanded position where the portions are moved away from the axis [see figure 6A-6B], a motor (15) disposed in the housing [see col. 1 lines 56-57], a wedge (24) movable by the motor in a reciprocating motion along the axis, wherein the wedge is movable between a first position where the plurality of jaws are in the closed position and a second position where the plurality of jaws are in the expanded position [see col. 2 lines 30-37; figure 3B]. In reference to claim 2, Li et al further discloses an output spindle (16S) driven by the motor, a radial cam (21) connected to the output spindle, wherein the wedge is movable by the radial cam in a reciprocating motion along the axis [see col. 2 lines 14-16; figure 3A]. In reference to claim 3, Li et al further discloses an index cam (22) connected to the output spindle a shaft (23) connected to the index cam, a rotating ring (24R) mounted on the wedge (24), a clutch ring (24C) mounted on the wedge and engaging the rotating ring, and a gear ring (24CS) driven by the shaft and slidably engaging the clutch ring [see col. 2 lines 30-37; figure 3B]. In reference to claim 4, the plurality of jaws (31) is rotated when the shaft rotates [see col. 2 lines 60-65]. In reference to claim 5, the clutch ring can momentarily disengage from the rotating ring [see col. 2 lines 46-51]. In reference to claim 6, the clutch ring has teeth, and the rotating ring has teeth meshing with the teeth of the clutch ring [see col. 2 lines 30-37]. In reference to claim 7, the teeth of the clutch ring can momentarily disengage from the teeth of the rotating ring [see col. 2 lines 46-57]. In reference to claim 8, Li et al further discloses a sleeve (25) connected to the wedge and contacting the radial cam [see figure 3B; col. 2 lines 25-27]. In reference to claim 9, Li et al further discloses a power tool battery pack (12) releasably connected to the housing and electrically connected to the motor [see figure 1; col. 1 lines 58-60]. In reference to claim 10, Li et al discloses a tool (10) operable to expand an end of a malleable metal tubing, the tool comprising a housing (11), a cylindrical jaw assembly (30) disposed on the housing, the jaw assembly comprising a plurality of semi-cylindrical jaws (31) [see col. 2 lines 64-65] rotatable about an axis and movable between a closed position where portions of the plurality of jaws are adjacent to the axis and an expanded position where the portions are moved away from the axis [see figure 6A-6B], a motor (15) disposed in the housing [see col. 1 lines 56-57], an output spindle (16S) driven by the motor, a radial cam (21) connected to the output spindle, a wedge (24) movable by the motor in a reciprocating motion along the axis, wherein the wedge is movable between a first position where the plurality of jaws are in the closed position and a second position where the plurality of jaws are in the expanded position [see col. 2 lines 30-37; figure 3B], and a rotating ring (24R) mounted on the wedge (24) and connected to the plurality of jaws, the rotating ring being driven by the output spindle for rotating the plurality of jaw about the axis [see col. 2 lines 30-37]. In reference to claim 11, Li et al further discloses a shaft (23) connected to the output spindle and driving the rotating ring [see col. 2 lines 19-22]. In reference to claim 12, the shaft is connected to the output spindle by an index cam (22), as seen in figure 3B. In reference to claim 13, Li et al further discloses clutch ring (24C) mounted on the wedge and engaging the rotating ring (24R) [see col. 2 lines 30-33], and a gear ring (24CS) driven by the shaft and slidably engaging the clutch ring [see col. 2 lines 38-45]. In reference to claim 14, the clutch ring can momentarily disengage from the rotating ring [see col. 2 lines 46-51]. In reference to claim 15, the clutch ring has teeth, and the rotating rind has teeth meshing with the teeth of the clutch ring [see col. 2 lines 33-37]. In reference to claim 16, the teeth of the clutch ring can momentarily disengage from the rotating ring [see col. 2 lines 46-51]. In reference to claim 17, Li et al further discloses a sleeve (25) connected to the wedge, the sleeve contacting the radial cam [see figure 3B; col. 2 lines 25-27]. In reference to claim 18, Li et al further discloses a power tool battery pack (12) releasably connected to the housing and electrically connected to the motor [see figure 1; col. 1 lines 58-60]. 2. Claim(s) 19-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bode (DE 102018124646; cited by Applicant). In reference to claim 19, Bode discloses a tool (200) operable to expand an end of a malleable metal tubing, the tool comprising a housing [see figure 3], an adjustable head assembly engaged to the housing, the head assembly having a body, a rotatable portion disposed unto the body (50), and an adjustment ring (51) disposed within at least one of the body and the rotatable portion, wherein the body has at least one cam surface (53) contacting the adjustment ring [see figure 4], a cylindrical jaw assembly (30) disposed within the head assembly, the jaw assembly comprising a plurality of semi-cylindrical jaws (37) rotatable about an axis and movable between a closed position where portions of the plurality of jaws are adjacent to the axis and an expanded position where the portions are moved away from the axis [see figure 4], a motor (11’) disposed in the housing, a wedge (14’) movable by the motor in a reciprocating motion along the axis, wherein the wedge is movable between a first position where the plurality of jaws are in the closed position and a second position where the plurality of jaws are in the expanded position, and wherein the adjustment ring is rotated, the cam surface moves the adjustment ring and jaws rearwardly [see pg. 7 paragraphs 2-4 of machine translation]. In reference to claim 20, the adjustment ring has pins (58) connected the rotatable portion to the adjustment ring, as seen in figure 3. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to Debra Sullivan whose telephone number is (571)272-1904. The examiner can normally be reached Monday-Friday 8am-4:30pm 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, Chris Templeton can be reached on (571) 270-1477. 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. /Debra M Sullivan/ Primary Examiner, Art Unit 3725
Read full office action

Prosecution Timeline

Nov 04, 2024
Application Filed
Sep 16, 2026
Non-Final Rejection mailed — §102 (current)

Precedent Cases

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
78%
Grant Probability
96%
With Interview (+17.2%)
2y 10m (~11m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1108 resolved cases by this examiner. Grant probability derived from career allowance rate.

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