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 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) 1-6 and 13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by ELLIS (US 1615169 A).
Regarding claim 1, ELLIS discloses an adjustable angle tool (wrench, fig. 1) comprising: a handle (10) extending along a first direction; a tool head (11) pivotally connected to the handle (via pin 12) and provided with a plurality of first positioning portions (17); and a positioning device including a positioning member (22) and at least one biasing member (27),
wherein the positioning member (25) is configured to be biased by the at least one biasing member along the first direction and detachably engaged with one of the plurality of first positioning portions (17) to adjust a relative angle between the tool head and the handle (page 1, figs. 1-4).
Regarding claim 2, ELLIS discloses the handle (10) has a first pivoting end (13), wherein the tool head has a second pivoting end (12) pivotally connected to the first pivoting end, and an operating end (18/19) opposite to the second pivoting end, and wherein the plurality of first positioning portions (17) are arranged at equal angles on an arcuate outer edge wall (15/16) of the second pivoting end and penetrate through the second pivoting end along a second direction perpendicular to the first direction (17 on top most part of page at 15/16 is perpendicular and openings 17 penetrate the jaw at least some amount, page 1, figs. 1-4).
Regarding claim 3, ELLIS discloses the handle (10) is provided with a guiding hole (23) extending along the first direction and penetrating through the first pivoting end (13) along the second direction, and wherein the positioning member (25) is movably limited in the guiding hole along the first direction (page 1, figs. 1-4).
Regarding claim 4, ELLIS discloses the positioning member (22) has a second positioning portion (25) extending along the first direction, and a body portion (28) extending along the second direction, wherein the second positioning portion (25) is detachably engaged with one of the plurality of first positioning portions (17), wherein the body portion (28) is movably inserted through the guiding hole (23) along the first direction, and wherein the positioning device (25) further includes a control member (handle portion of pin 28) connected to the body portion to synchronously control the positioning member (page 1, figs. 1-4).
Regarding claim 5, ELLIS discloses the control member has a limiting portion (radial slot 30/branch slot 30b) extending along the second direction, and wherein the limiting portion is disposed in the guiding hole (23) and abuts against the body portion of the positioning member (page 1, figs. 1-4).
Regarding claim 6, ELLIS discloses the positioning device further includes a housing (inner end portion 24 of the handle member 10/ two side-arms 13) mounted on the first pivoting end, and wherein the positioning member and the at least one biasing member are disposed in the housing (page 1, figs. 1-4).
Regarding claim 13, ELLIS discloses the handle (10) is provided with a first pivoting hole penetrating through the first pivoting end along the second direction, wherein the tool head (11) is provided with a second pivoting hole penetrating through the second pivoting end along the second direction, and wherein a pivoting member (12) is inserted through the first pivoting hole and the second pivoting hole (page 1, figs. 1-4).
Claim(s) 1-6 and 13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Domanico et al. (US 20080066587 A1).
Regarding claim 1, Domanico et al. discloses an adjustable angle tool (wrench, figs. 1-8) comprising: a handle (30) extending along a first direction; a tool head (20) pivotally connected to the handle (via screw 34) and provided with a plurality of first positioning portions (40); and a positioning device including a positioning member (locking pin 42) and at least one biasing member (44),
wherein the positioning member (42) is configured to be biased by the at least one biasing member (44) along the first direction and detachably engaged with one of the plurality of first positioning portions (40) to adjust a relative angle between the tool head and the handle ([0030-0033], figs. 1-8).
Regarding claim 2, Domanico et al. discloses the handle (30) has a first pivoting end (arms forming slotted cavity 31), wherein the tool head has a second pivoting end (40) pivotally connected to the first pivoting end, and an operating end (socket attaching portion of 20) opposite to the second pivoting end, and wherein the plurality of first positioning portions (40) are arranged at equal angles on an arcuate outer edge wall (edge of 38) of the second pivoting end and penetrate through the second pivoting end along a second direction perpendicular to the first direction (locking-pin cavity 40 penetrates all the way through [0030-0033], figs. 1-8).).
Regarding claim 3, Domanico et al. discloses the handle (30) is provided with a guiding hole (fig. 8) extending along the first direction and penetrating through the first pivoting end (arms forming slotted cavity 31, figs. 7-8) along the second direction, and wherein the positioning member (42) is movably limited in the guiding hole along the first direction ([0030-0033], figs. 1-8).
Regarding claim 4, Domanico et al. discloses the positioning member (42) has a second positioning portion (end of 42 abutting spring 44 and slots, fig. 8) extending along the first direction, and a body portion (fig. 7 shows wider portion) extending along the second direction (fig. 7 wider portion extends in second direction), wherein the second positioning portion (end of 42 abutting spring 44 and slots) is detachably engaged with one of the plurality of first positioning portions (40), wherein the body portion (wider portion fig. 7) is movably inserted through the guiding hole (fig. 8) along the first direction, and wherein the positioning device (42) further includes a control member (28) connected to the body portion to synchronously control the positioning member ([0030-0033], figs. 1-8).
Regarding claim 5, Domanico et al. discloses the control member (28) has a limiting portion (proximal end of handle 30) extending along the second direction, and wherein the limiting portion is disposed in the guiding hole (fig. 8) and abuts against the body portion of the positioning member ([0030-0033], figs. 1-8).
Regarding claim 6, Domanico et al. discloses the positioning device further includes a housing (inner end portion of the handle member 30/two side-arms 31) mounted on the first pivoting end, and wherein the positioning member and the at least one biasing member are disposed in the housing ([0030-0033], figs. 1-8).
Regarding claim 13, Domanico et al. discloses the handle (30) is provided with a first pivoting hole (32) penetrating through the first pivoting end along the second direction, wherein the tool head (20) is provided with a second pivoting hole (36) penetrating through the second pivoting end along the second direction, and wherein a pivoting member (screw 34) is inserted through the first pivoting hole and the second pivoting hole ([0030-0033], figs. 1-8).
Allowable Subject Matter
Claims 7-12 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.
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 an adjustable angle tool comprising all the structural and functional limitations and further comprising, amongst other limitations/features, a head pivotally connected to a handle with a plurality of first positioning portions, positioning device includes a positioning member; the positioning member is configured to be biased by a biasing member to detachably engage in one of the plurality of first positioning portions for allowing to adjust the relative angle between the head and the handle; the positioning member has two stopping portions respectively formed on two opposite sides of the body portion, and a first separating portion formed between the two stopping portions, wherein the number of the at least one biasing member is two, wherein the housing has an inner wall surface and a second separating portion protruding from the inner wall surface, and wherein the two biasing members respectively elastically abut against the two stopping portions and the inner wall surface and are located on opposite sides of the first separating portion and the second separating portion. Though ELLIS (US 1615169 A) teaches a biased positing member with a second positioning portion there is not a teaching for having two stopping portions respectively formed on two opposite sides of the body portion, and a first separating portion formed between the two stopping portions, wherein the number of the at least one biasing member is two, wherein the housing has an inner wall surface and a second separating portion protruding from the inner wall surface, and wherein the two biasing members respectively elastically abut against the two stopping portions and the inner wall surface and are located on opposite sides of the first separating portion and the second separating portion and one of ordinary skill would recognize that modifying the positing member with having two stopping portions on two sides of a body portion with two biasing members would result in destroying the position device and result in impermissible hindsight reasoning. Having the efficiency and extra leverage support of the added springs and stopping portions provides an effective releasing and clamping/locking of a pivotal tool head in an adjusted position.
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: US 20100300252 A1 - handle (1) with pivoting end attached to tool head 2 with positioning portions (212) are arranged at equal angles on an arcuate outer edge wall (fig. 1) of a second pivoting end on the tool head and the positioning portions (212) penetrate through the second pivoting end ([0016-0021], figs. 1-4) and 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).
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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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