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 .
Information Disclosure Statement
The information disclosure statements (IDS) submitted on November 19, 2024 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements have been considered by the examiner.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier.
Such claim limitation(s) is/are: “an adjustable device…configured to control a relative position” in claim 1. However, claim limitations are read in view of the specification. In the instant case, the Specification in applicant’s PG-PUB describes “the adjustable device” as including, “two ratchet wheels” (see paragraph 59). Thus, in view of the specification, the limitation, “an adjustable device”, is being interpreted as two ratchet wheels and/or equivalents thereof.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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.
Claim 1, is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Darby et al. (2005/0279193).
In reference to claim 1, Darby et al. disclose a wrench extender (10, Figure 4) comprising:
an extension member having a wrench supporting base (25) with at least one front holding portion (at 13 or at 14, Figure 4);
a handle (17) connected with the extension member (Figure 4); and
an adjustable device (at 23, which is equivalent to the “adjustable device”, as previously interpreted under 35 U.S.C. 112(f), see section 5a above, because it “firmly locks handle 17 into place”, see paragraph 34) disposed between the extension member and the handle, and configured to control a relative position (i.e. by locking) between the extension member and the handle (paragraph 34).
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.
Claims 1-7 are rejected under 35 U.S.C. 103 as being unpatentable over Humphrey (2013/0233134) in view of Su (TW I568550B, cited by applicant).
In further reference to claim 1, Humphrey discloses a wrench extender (i.e. embodiment in Figure 14) comprising:
an extension member having a wrench supporting base (1401) with at least one front holding portion (at 1402 and/or at 1403, Figure 14);
a handle (17) connected with the extension member (Figure 4); and
a pivot portion (i.e. left/rear end portion of 1401) including an opening (1480) for receiving another handle (i.e. handle of breaker bar, see paragraph 84).
Humphrey lacks,
an adjustable device disposed between the extension member and the other handle, and configured to control a relative position between the extension member and the handle.
However, Su teaches that it is old and well known in the art at the time the invention was made to provide an attachment (see Figures 1 and 2) between a pivot portion (21, which is similar to the left/rear end pivoting portion 1401, of Humphrey) of an extension member (20, Figures 1 and 2, which is similar to the extension member, of Humphrey) and another handle (10, Figure 2);
wherein the pivot portion (21) includes an opening (23/231, which is similar to the opening 1480, of Humphrey) for receiving the other handle (10); and
an adjustable device (formed from at least two ratchet wheels 311 and 321, [see paragraph 14 of the translation provided by applicant], which meet the limitation of the adjustable device, as previously interpreted under 35 U.S.C. 112(f), see section 5a above) being disposed between the extension member (20) and the other handle (10, see Figure 2) and configured to control a relative position between the extension member and the handle (see paragraphs 7 and 18-20 of the translation provided by applicant).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to modify the attachment of the pivot portion to the other handle, of Humphrey, with the known technique of providing an attachment including the adjustable device that is disposed between the extension member and the other handle, as taught by Su, and the results would have been predictable. In this situation, one could provide a more advantageous and versatile device that allows a user to more easily fasten a workpiece in narrow or hard-to-reach spaces (see paragraph 3 of the translation provided by applicant).
In reference to claim 2, Su discloses that the extension member (20) further has a pivoting portion (21, Figure 2) with a first ratchet portion (231), wherein the handle has two second ratchet portions (121 and 141, Figure 2), wherein the adjustable device includes two ratchet wheels (311 and 321) disposed between the extension member and the handle (Figure 2), and a biasing member (35) biasing between the two ratchet wheels, wherein the two ratchet wheels are selectively adjusted between a closed position (i.e. the position as shown in Figure 4) where the two ratchet wheels are abutted against each other (Figure 4) and a separated position (i.e. the position as shown in Figure 3) where the two ratchet wheels are separated and located away from each other (Figure 3), wherein each of the two ratchet wheels is provided with a third ratchet portion (at 3111 for ratchet wheel 311 and at 3211 for ratchet wheel 321) on an outer periphery thereof (Figure 2), wherein the third ratchet portions of the two ratchet wheels are selectively engaged with the first ratchet portion of the extension member or simultaneously engaged with the first and second ratchet portions (Figures 3 and 4), wherein when in the closed position (Figure 4), the third ratchet portions are engaged with the first ratchet portion (231) of the extension member with the extension member and the handle pivotable with respect to each other (see Figure 4 and paragraphs 18 and 19 of the translation provided by applicant), and wherein when in the separated position (Figure 3), the third ratchet portions of the ratchet wheels are engaged with the first and second ratchet portions simultaneously with the extension member and the handle fixed in a non-rotatable manner to each other (paragraphs 18 and 19 of the translation provided by applicant).
In reference to claim 3, Su discloses that each of the two ratchet wheels is further provided with a receiving groove (see figure below) in an inner surface thereof, wherein the biasing member having two ends (i.e. upper and lower ends thereof) pressed against receiving grooves of the two ratchet wheels to maintain the two ratchet wheels in the separated position in normal conditions (Figure 3).
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In reference to claim 4, Su discloses that each of the two ratchet wheels is further provided a protrusive pressing portion (at 31 for ratchet wheel 311 and at 32 for ratchet wheel 321) on an outer surface thereof, wherein the pressing portion of each of the two ratchet wheels is smaller in outer diameter than the third ratchet portion (see Figure 2 showing that the diameter of 3111 is larger than the diameter of 31 and the diameter of 3211 is larger than the diameter of 32) of the respective two ratchet wheels (Figure 2).
In reference to claim 5, Su discloses that the handle is formed with two assembling portions (see figure below), wherein the pivoting portion (21) of the extension member pivotably disposed between the two assembling portions (Figure 3), wherein the pivoting portion is defined with a first through hole (22), wherein the first ratchet portion (231) is formed on an inner periphery of the first through hole (Figure 2), wherein each of the two assembling portions is defined with a second through hole (at 11 and 13 respectively) in communication with the first through hole, wherein the two second ratchet portions (121 and 141, respectively) are formed on an inner periphery of the second through holes (Figure 2), wherein an annular groove (see figure below and note that while the annular groove is shown for second through hole 11, the examiner notes that the other second through hole 13 includes a similar annular groove) is formed in an inner periphery of the respective second through holes (Figure 2), wherein the adjustable device further includes two retaining rings (33 and 34) disposed in the respective annular grooves of the two assembling portions of the handle, and wherein each of the two retaining rings is provided with an abutting surface (i.e. inner surface thereof respectively) for abutting against a lateral surface (i.e. shoulders 313 and 323, respectively) of the third ratchet portions of the respective two ratchet wheels (Figure 3), and a third through hole (see figure below) for insertion of the pressing portions of the two ratchet wheels (Figure 3).
[AltContent: textbox (Third through hole)][AltContent: textbox (Third through hole)][AltContent: arrow][AltContent: arrow][AltContent: textbox (Annular groove of second through hole 11. Note, the other second through hole 13 also includes a similar annular groove)][AltContent: textbox (Two assembling portions)][AltContent: arrow][AltContent: arrow][AltContent: arrow]
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In reference to claim 6, Su discloses that the adjustable device further includes two seal covers (A1 and A2) covering the respective second through holes of the two assembling portions and pressing against the respective ratchet wheels (Figure 3).
In reference to claim 7, Su discloses that each of the two ratchet wheels is formed with a positioning hole (see figure below) in the outer surface thereof, wherein each of the two seal covers is formed with a fourth through hole (see figure below), and wherein two positioning pins (see figure below) are inserted through the respective fourth through holes of the two seal covers and positioned in the positioning holes of the respective two ratchet wheels.
[AltContent: arrow][AltContent: textbox (Another view of one of the fourth through holes)][AltContent: arrow][AltContent: textbox (Another view of one of the two positioning pins)][AltContent: arrow][AltContent: arrow][AltContent: textbox (Another one of the Positioning pins)][AltContent: arrow][AltContent: textbox (One of the Positioning pins)][AltContent: textbox (Fourth through holes)][AltContent: connector][AltContent: connector][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: textbox (Another view of one of the positioning holes)][AltContent: textbox (Positioning holes)]
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Claim 8, is rejected under 35 U.S.C. 103 as being unpatentable over Humphrey (2013/0233134) in view of Su (TW I568550B, cited by applicant) and Huang (TW 201414580 A, translation included herewith).
In reference to claim 8, Humphrey discloses the claimed invention as previously mentioned above and further discloses that the number of the at least one front holding portions (again at 1402 and 1403) is two (see Figure 14), wherein the two front holding portions are parallel to each other (because they are both vertical extending portions), but lacks,
a rear holding portion adjacent to the pivoting portion.
However, Huang teaches that it is old and well known in the art at the time the invention was made to provide a similar extension member (10, Figures 1 and 7) having two front holding portions (at 30 and 33 in Figure 3) and that is further provided with a rear holding portion (21, see following portion of translation disclosing, “Since the reinforcing portion 21 having a thick wall thickness is provided between the handle 10 and the head 30, it can be used as another supporting point, which can provide assistance in the counterclockwise operation, and has the effect of labor saving, so that the user is finally locked.”) adjacent to a pivoting portion (17, and when combined with Humphrey would be adjacent to pivoting portion 1480, see Figure 14 of Humphrey).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to modify the extension member, of Humphrey, with the known technique of providing the rear holding portion, as taught by Huang, and the results would have been predictable. In this situation, one could provide a more advantageous and versatile device having another supporting point which can provide assistance in the counterclockwise operation, and has the effect of labor saving, so that the user is finally locked (see portion of translation above).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Day (2005/0183550) also shows a similar wrench extender (Figures 1 and 3) including two front holding portions (15 and 16).
Williams (6308596) also shows a similar wrench extender (70, Figure 4) including two angled front holding portions (80 and 86).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT J SCRUGGS whose telephone number is (571)272-8682. The examiner can normally be reached M-F 6-2.
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, David Posigian can be reached at 313-446-6546. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ROBERT J SCRUGGS/Primary Examiner, Art Unit 3723
