DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Objections
Claim 1 and 16 objected to because of the following informalities: The claims recite drive mechanism and later drive mechanisms, containing multiple parts as such it will be interpreted as a single drive mechanism having multiple sections. Appropriate correction is required.
Claims 1, 16 and 17 are objected to because of the following informalities: the claims use two different spellings of the word movably (moveably). Please choose one spelling of the word to be consistent.
Claim 13 is objected to because of the following informalities: the limitation “a switch supported operable by the operator to operate the drive mechanism” the limitation provides confusion and appears to be a literal translation.
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(s) 1-19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ciotti (U.S. 2013/0264085)
In regards to claim 1. Ciotti discloses A hydraulic tool for working on a workpiece, the hydraulic tool (fig. 6) comprising:
a housing (14) configured to be held by an operator (see at least fig. 6 and paragraph 29 and 42);
a motor (130) positioned in the housing (see at least paragraph 3, and 42 );
a battery (124 receives a battery see paragraph 42) supported by the housing and operable to supply power to the motor;
a drive mechanism (128) supported by the housing (fig. 6), the drive mechanisms comprising a cylinder (24), a piston (26) moveably supported in the cylinder (paragraph 30), and a pump (128) powered by the motor and operable to supply hydraulic fluid to the cylinder to move the piston relative to the cylinder (see at least paragraph 30 and 42);
a head (12) supported by the housing (fig. 6), the head having an opening (between 16 and 22) for receiving the workpiece therein; and
a spindle (at least 22) operatively coupled to the drive mechanism such that operating the drive mechanism moves the spindle towards the workpiece within the opening in the head to work on the workpiece (see at least paragraph 29 and 30).
In regards to claim 2. Ciotti discloses The hydraulic tool according to claim 1, wherein the spindle moves in an axial direction (towards portion 16) and works on the workpiece within the opening in the head in the axial direction (cuts or crimps workpiece between 16 and 22).
In regards to claim 3. Ciotti discloses The hydraulic tool according to claim 1, wherein the head opposes the movement of the spindle (element 16 oppose forward movement of the spine 22).
In regards to claim 4. Ciotti discloses The hydraulic tool according to claim 1, wherein the spindle is coupled to the piston (illustrated in at least fig. 6).
In regards to claim 5. Ciotti discloses The hydraulic tool according to claim 1, wherein operating the drive mechanism causes the piston to move the spindle while the head remains stationary (see at least paragraph 30).
In regards to claim 6. Ciotti discloses The hydraulic tool according to claim 1, further comprising a blade coupled to the spindle so as to be moveable therewith (see at least paragraph 12).
In regards to claim 7. Ciotti discloses The hydraulic tool according to claim 6, wherein operating the drive mechanism causes the blade to cut or split the workpiece (see at least paragraphs 12 and 20).
In regards to claim 8. Ciotti discloses The hydraulic tool according to claim 1, wherein the opening extends entirely through the head (the opening extends entirely through the head along at least one axis see fig. 6).
In regards to claim 9. Ciotti discloses The hydraulic tool according to claim 1, further comprising a handle (122) coupled to the housing and configured such that the operator may hold the housing therewith, and wherein when the hydraulic tool is held by the handle the opening in the head extends in a substantially vertical direction (see at least paragraph 42, and fig. 6).
In regards to claim 10. Ciotti discloses The hydraulic tool according to claim 9, wherein the handle is oriented to extend upwardly from the housing when held by the operator (illustrated in at least fig. 6 the orientation of the tool is moveable).
In regards to claim 11. Ciotti discloses The hydraulic tool according to claim 1, wherein the battery is oriented to extend upwardly from the housing when held by the operator (illustrated in at least fig. 6 the orientation of the tool is moveable).
In regards to claim 12. Ciotti discloses The hydraulic tool according to claim 1, wherein the hydraulic fluid remains inside the housing when being supplied from the pump to the piston (see paragraph 42 the fluid is held in the bladder, motor and pump).
In regards to claim 13. Ciotti discloses The hydraulic tool according to claim 1, wherein the housing includes a grip (at least 122) configured to be held by the operator, and further comprising a switch (126) supported operable by the operator to operate the drive mechanism (see at least fig. 6).
In regards to claim 14. Ciotti discloses A hydraulic tool according to claim 1, wherein the piston is moveable along a piston axis (left and right as illustrated in fig. 6 see paragraph 30), wherein the spindle extends along a spindle axis (22), and wherein the piston axis is substantially coaxial with the spindle axis (illustrated in at least fig. 6 and paragraph 30).
In regards to claim 15. Ciotti discloses The hydraulic tool according to claim 1, wherein the pump (128) comprises a block (26) supporting a rotating pump shaft and a reciprocating pump piston (piston 26), whereby the rotation of the pump shaft causing reciprocation of the pump piston transfers the hydraulic fluid to the cylinder (see at least paragraph 7, fig. 6, and paragraph 30 ).
In regards to claim 16. Ciotti discloses A hydraulic tool for working on a workpiece, the hydraulic tool comprising:
a housing (14) configured to be held by an operator (paragraph 42, fig. 6);
a motor (130) positioned in the housing;
a battery (see paragraph 42, at least element 124) supported by the housing and operable to supply power to the motor ;
a drive mechanism (at least element 24, 26, 28, 128) supported by the housing, the drive mechanisms comprising a cylinder (24),
a piston (24) moveably supported in the cylinder, and
a pump (128) powered by the motor and operable to supply hydraulic fluid to the cylinder to move the piston relative to the cylinder (see at least paragraph 30 and 42);
a head (12) supported by the housing, the head having an opening (between 16 and 22) for receiving the workpiece therein; and
a spindle (22) operatively coupled to the drive mechanism such that operating the drive mechanism moves the spindle towards the workpiece within the opening in the head, wherein the hydraulic tool is a splitter (see at least paragraph 7 and 29).
In regards to claim 17. Ciotti discloses A nut splitter comprising:
a housing (14) including a handle (122) portion engageable by an operator (paragraph 42);
a motor (130) positioned in the housing;
a battery pack (see at least paragraph 42 and at least element 124) supported on the housing and operable to supply power to the motor;
a drive mechanism (at least elements 24, 26, 28, 128) supported in the housing and including a cylinder (24),
a piston (26) movably supported in the cylinder, and
a pump (128) powered by the motor and operable to transfer hydraulic fluid to the cylinder to move the piston relative to the cylinder;
a head (12) supported by the housing and defining an opening (section between 16 and 22) configured to receive a nut to be split (intended use device receives wire to be cut and therefore should be able to cut other items which fit inside the head see at least paragraph 48); and
a cutting member (at least paragraph 12 element 22 can be many different items including a cutting blade) driven by the piston for movement relative to the head and configured to cut the nut (see at least paragraph 12 and 29).
In regards to claim 18. Ciotti discloses The splitter of claim 17, wherein the head is supported on an end of the housing (fig. 6), and wherein a handle (122) portion extends from an opposite end of the housing (illustrated in fig. 6).
In regards to claim 19. Ciotti discloses The splitter of claim 18, further comprising a switch (126) supported on the handle portion and engageable by the operator, the switch being configured to control the supply of power from the battery pack to the motor (see at least paragraph 42).
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) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ciotti (U.S. 2013/0264085) in view of Frenken (DE 102018102162)
In regards to claim 20. Ciotti discloses The splitter of claim 18,
Ciotti does not distinctly disclose an auxiliary handle connected to the housing and engageable by an operator.
Frenken Teaches an auxiliary handle (23) connected to the housing and engageable by an operator (illustrated in at least fig. 1).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Ciotti and Frenken such that an auxiliary handle is supplied such as the one taught by Frenken for the purpose of providing additional control to the user. It is known that hydraulic tool can produce significant torque which can be difficult to control by the users as such it is common practice to provide additional handle sections or grips to the tool such that a user and use two handle spaced apart to better control the tool and the work being done by the tool. One of ordinary skill in the art would have recognized this and found it obvious to combine the two prior art references. KSR Int’l v. Teleflex Inc., 127 S. Ct. 1727, 1740-41, 82 USPQ2d 1385, 1396 (2007)
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LUCAS E A PALMER whose telephone number is (303)297-4779. The examiner can normally be reached Monday -Thursday 8am-6pm PT.
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/Lucas E. A. Palmer/Primary Examiner, Art Unit 3731
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