DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. 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
2. Claims 19, 26, 27 and 41 are objected to because of the following informalities:
Claim 19 recites the phrases “second jaw’” and “movable jaw”. For the purpose of consistency, one of these phrases should be used.
Claim 26 recites the phrase “a switch.” Said claim is dependent on claim 42, which also recites a separate switch. For the purpose of consistency and clarification, the latter recited switch should be discernible from the former recited switch.
Claim 27 recites the phrases “second jaw’” and “movable jaw”. For the purpose of consistency, one of these phrases should be used.
Claim 41 recites the phrase “a switch.” Said claim is dependent on claim 42, which also recites a separate switch. For the purpose of consistency and clarification, the latter recited switch should be discernible from the former recited switch.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
3. The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
4. Claims 19-48 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 19 recites the phrase “…close proximity…” This claim is deemed indefinite because it is a relative term.
Claim 19 recites the limitation “…the at least one switch…” in line 5. There is insufficient antecedent basis for this limitation in the claim.
Claim 20 recites the phrase “…is normally moved…”. This claim is deemed indefinite because it is unclear whether the pivot portion is moved or not.
Claim 22 recites the phrase “…at least a portion of…” This claim is deemed indefinite because it is unclear how much of the pivot pin is being claimed.
Claim 27 recites the phrase “…close proximity…” This claim is deemed indefinite because it is a relative term.
Claim 28 recites the phrase “…is normally moved…”. This claim is deemed indefinite because it is unclear whether the pivot portion is moved or not.
Claim 29 recites the phrase “…at least a portion of…” This claim is deemed indefinite because it is unclear how much of the pivot pin is being claimed.
Claim 34 recites the phrase “…is normally moved…”. This claim is deemed indefinite because it is unclear whether the pivot portion is moved or not.
Claim 34 recites the phrase “…close proximity…” This claim is deemed indefinite because it is a relative term.
Claim 34 recites the limitation “…the at least one switch…” in line 10. There is insufficient antecedent basis for this limitation in the claim.
Claim 35 recites the phrase “…is normally moved…” This claim is deemed indefinite because it is unclear whether the pivot portion is moved or not.
Claim 37 recites the phrase “…at least a portion of…” This claim is deemed indefinite because it is unclear how much of the pivot pin is being claimed.
Claim 42 recites the phrase “…close proximity…” This claim is deemed indefinite because it is a relative term.
Claim 43 recites the phrase “…is normally moved…” This claim is deemed indefinite because it is unclear whether the pivot portion is moved or not.
Claim 45 recites the phrase “…at least a portion of…” This claim is deemed indefinite because it is unclear how much of the pivot pin is being claimed.
Claim Rejections - 35 USC § 103
5. 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.
6. Claim(s) 19-22 and 34-37 are rejected under 35 U.S.C. 103 as being unpatentable over Boudreaux et al. (US 2015/0272660; “Boudreaux”) in view of Boudreaux et al. (US 2016/0120601; “Boudreaux 2”).
Regarding claim 19, Boudreaux discloses a multi-stage trigger assembly (8; claim 13) for moving a movable jaw (16a) of a two-jaw assembly (16a, 16b), portable, hand-held tool (2), the multi-stage trigger assembly (8) comprising:
at least one actuator (98); and
a trigger (9) having a lever portion (see annotated diagram 1 below), at least one jaw moving member (23) and a pivot portion (25a), the pivot portion (25a) is positioned in close proximity to the at least one switch (46) and is pivotably coupled to a portion of a second jaw (16a; via elements 24a and 26; para. [0039]) of the two jaw assembly (16a, 16b), such that when the lever portion (see annotated diagram 1 below) is moved a first distance the at least one jaw moving member (23) causes the movable jaw (16a) to move from a fully open position to a hold position (para. [0039]) without activating the at least one actuator (para. [0039]), and when the lever portion (see annotated diagram 1 below) is further moved a second distance, the pivot portion (25a) activates the at least one actuator in order to move the movable jaw (16a) from the hold position to an operation cycle position where an operation of the two jaw assembly (16a, 16b) is performed (para. [0040]).
Boudreaux fails to disclose a motor in the tool.
However, Boudreaux 2 teaches a motor in the tool (10) to activate to electro-mechanically move the movable jaw (para. [0143]).
It would have been obvious to one having ordinary skill in the art, at the time applicant's invention was filed, to have modified the tool of Boudreaux by having provided the motor, as taught by Boudreaux 2, in order to efficiently close and actuate the jaws.
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Diagram 1
Regarding claim 20, Boudreaux discloses wherein the pivot portion (25a) is normally moved in a direction away from the at least one actuator (98) using at least one force generating member (refer to 112 2nd; in the instant case, this claim is being interpreted when the pivot portion is not moved. The term “normally” indicates that it does not move as well).
Regarding claim 21, Boudreaux discloses wherein the at least one force generating member comprises a biasing member (154; because this claim depends on the previous claim, that has a 112 2nd rejection, the biasing member is interpreted as having exerted a force, but not moving the element. In the instant case, the biasing element 154 exerts a force on element 40, which transfers to element 54, and therefore transfers to pivot pin 25a).
Regarding claim 22, Boudreaux discloses wherein the pivot portion (25a) includes a pivot pin (pin which is disposed within element 25a), and wherein at least a portion of the pivot pin activates the at least one actuator (98; via element 24).
Regarding claim 34, Boudreaux discloses a portable, hand-held tool (2) comprising: a working head assembly (10) having a fixed jaw assembly (16b), a movable jaw assembly (16a) and a biasing member (151) used to normally bias the movable jaw assembly (16a) in a direction away from the fixed jaw assembly (16b) to a fully open position (para. [0076]);
a handle assembly (4); and
a trigger assembly (8) including
at least one actuator (98); and
a trigger (9) having a lever portion (see annotated diagram 1 above), at least one jaw moving member (23) and a pivot portion (25a), the pivot portion (25a) is positioned in close proximity to the at least one switch (46) and is pivotably coupled to a portion of a movable jaw assembly (16a; via elements 24a and 26; para. [0039]), such that when the lever portion (see annotated diagram 1 above) is moved a first distance the at least one jaw moving member (23) causes the movable jaw assembly (16a) to move from a fully open position to a hold position (para. [0039]) without activating the at least one actuator (para. [0039]), and when the lever portion (see annotated diagram 1 above) is further moved a second distance, the pivot portion (25a) activates the at least one actuator in order to move the movable jaw assembly (16a) from the hold position to an operation cycle position where an operation of the jaw assemblies (16a, 16b) is performed (para. [0040]).
Boudreaux fails to disclose a motor in the tool.
However, Boudreaux 2 teaches a motor in the tool (10) to activate to electro-mechanically move the movable jaw (para. [0143]).
It would have been obvious to one having ordinary skill in the art, at the time applicant's invention was filed, to have modified the tool of Boudreaux by having provided the motor, as taught by Boudreaux 2, in order to efficiently close and actuate the jaws.
Regarding claim 35, Boudreaux discloses wherein the pivot portion (25a) is normally moved in a direction away from the at least one actuator (98) using at least one force generating member (refer to 112 2nd; in the instant case, this claim is being interpreted when the pivot portion is not moved. The term “normally” indicates that it does not move as well).
Regarding claim 36, Boudreaux discloses wherein the at least one force generating member comprises a biasing member (154; because this claim depends on the previous claim, that has a 112 2nd rejection, the biasing member is interpreted as having exerted a force, but not moving the element. In the instant case, the biasing element 154 exerts a force on element 40, which transfers to element 54, and therefore transfers to pivot pin 25a).
Regarding claim 37, Boudreaux discloses wherein the pivot portion (25a) includes a pivot pin (pin which is disposed within element 25a), and wherein at least a portion of the pivot pin activates the at least one actuator (98; via element 24).
7. Claim(s) 24, 25, 39 and 40 are rejected under 35 U.S.C. 103 as being unpatentable over Boudreaux et al. (US 2015/0272660; “Boudreaux”) in view of Boudreaux et al. (US 2016/0120601; “Boudreaux 2”) as applied to claims 19 and 34 above, and in further view of Holdmeyer et al. (EP 3 838 184; “Holdmeyer”).
Regarding claim 24, Boudreaux in view of Boudreaux 2 disclose the moveable jaw (16a).
Boudreaux in view of Boudreaux 2 fail to disclose further comprising a safety system configured to selectively block movement of the movable jaw.
However, Holdmeyer teaches a safety system (45900) configured to selectively block movement of a movable jaw (1230; para. [0095]; claim 1).
It would have been obvious to one having ordinary skill in the art, at the time applicant's invention was filed, to have modified the movable jaw of Boudreaux in view of Boudreaux 2 by having provided the safety system, as taught by Holdmeyer, in order to prevent closing and firing without a cartridge (para. [0095]).
Regarding claim 25, Boudreaux in view of Boudreaux 2 disclose the movable jaw (16a).
Boudreaux in view of Boudreaux 2 fail to disclose wherein the safety system selectively blocks movement of the movable jaw by mechanically blocking movement of the movable jaw at least from the fully open position to the hold position.
However, Holdmeyer teaches the safety system (45900) selectively blocks movement of the movable jaw (1230) by mechanically blocking movement of the movable jaw (1230) at least from the fully open position to the hold position (para. [0095]).
It would have been obvious to one having ordinary skill in the art, at the time applicant's invention was filed, to have modified the movable jaw of Boudreaux in view of Boudreaux 2 by having provided the safety system, as taught by Holdmeyer, in order to prevent closing and firing without a cartridge (para. [0095]).
Regarding claim 39, Boudreaux in view of Boudreaux 2 disclose the moveable jaw (16a).
Boudreaux in view of Boudreaux 2 fail to disclose further comprising a safety system configured to selectively block movement of the movable jaw.
However, Holdmeyer teaches a safety system (45900) configured to selectively block movement of a movable jaw (1230; para. [0095]; claim 1).
It would have been obvious to one having ordinary skill in the art, at the time applicant's invention was filed, to have modified the movable jaw of Boudreaux in view of Boudreaux 2 by having provided the safety system, as taught by Holdmeyer, in order to prevent closing and firing without a cartridge (para. [0095]).
Regarding claim 40, Boudreaux in view of Boudreaux 2 disclose the movable jaw (16a).
Boudreaux in view of Boudreaux 2 fail to disclose wherein the safety system selectively blocks movement of the movable jaw by mechanically blocking movement of the movable jaw at least from the fully open position to the hold position.
However, Holdmeyer teaches the safety system (45900) selectively blocks movement of the movable jaw (1230) by mechanically blocking movement of the movable jaw (1230) at least from the fully open position to the hold position (para. [0095]).
It would have been obvious to one having ordinary skill in the art, at the time applicant's invention was filed, to have modified the movable jaw of Boudreaux in view of Boudreaux 2 by having provided the safety system, as taught by Holdmeyer, in order to prevent closing and firing without a cartridge (para. [0095]).
8. Claim(s) 27-30, 32, 42-45 and 47 are rejected under 35 U.S.C. 103 as being unpatentable over Boudreaux et al. (US 2015/0272660; “Boudreaux”) in view of Boudreaux et al. (US 2016/0120601; “Boudreaux”) and Holdmeyer et al. (EP 3 838 184; “Holdmeyer”).
Regarding claim 27, Boudreaux discloses a multi-stage trigger assembly (8; claim 13) for moving a movable jaw (16a) of a two-jaw assembly (16a, 16b), portable, hand-held tool (2), the multi-stage trigger assembly (8) comprising:
at least one actuator (98); and
a trigger (9) having a lever portion (see annotated diagram 1 below), at least one jaw moving member (23) and a pivot portion (25a), the pivot portion (25a) is positioned in close proximity to the at least one switch (46) and is pivotably coupled to a portion of a second jaw (16a; via elements 24a and 26; para. [0039]) of the two jaw assembly (16a, 16b), such that when the lever portion (see annotated diagram 1 below) is moved a first distance the at least one jaw moving member (23) causes the movable jaw (16a) to move from a fully open position to a hold position (para. [0039]) without activating the at least one actuator (para. [0039]), and when the lever portion (see annotated diagram 1 below) is further moved a second distance, the pivot portion (25a) activates the at least one actuator in order to move the movable jaw (16a) from the hold position to an operation cycle position where an operation of the two jaw assembly (16a, 16b) is performed (para. [0040]).
Boudreaux fails to disclose a motor in the tool.
However, Boudreaux 2 teaches a motor in the tool (10) to activate to electro-mechanically move the movable jaw (para. [0143]).
It would have been obvious to one having ordinary skill in the art, at the time applicant's invention was filed, to have modified the tool of Boudreaux by having provided the motor, as taught by Boudreaux 2, in order to efficiently close and actuate the jaws.
Boudreaux in view of Boudreaux 2 fail to disclose further comprising a safety system configured to selectively block movement of the movable jaw.
However, Holdmeyer teaches a safety system (45900) configured to selectively block movement of a movable jaw (1230; para. [0095]; claim 1).
It would have been obvious to one having ordinary skill in the art, at the time applicant's invention was filed, to have modified the movable jaw of Boudreaux in view of Boudreaux 2 by having provided the safety system, as taught by Holdmeyer, in order to prevent closing and firing without a cartridge (para. [0095]).
Regarding claim 28, Boudreaux discloses wherein the pivot portion (25a) is normally moved in a direction away from the at least one actuator (98) using at least one force generating member (refer to 112 2nd; in the instant case, this claim is being interpreted when the pivot portion is not moved. The term “normally” indicates that it does not move as well).
Regarding claim 29, Boudreaux discloses wherein the at least one force generating member comprises a biasing member (154; because this claim depends on the previous claim, that has a 112 2nd rejection, the biasing member is interpreted as having exerted a force, but not moving the element. In the instant case, the biasing element 154 exerts a force on element 40, which transfers to element 54, and therefore transfers to pivot pin 25a).
Regarding claim 30, Boudreaux discloses wherein the pivot portion (25a) includes a pivot pin (pin which is disposed within element 25a), and wherein at least a portion of the pivot pin activates the at least one actuator (98; via element 24).
Regarding claim 32, Boudreaux in view of Boudreaux 2 disclose the movable jaw (16a).
Boudreaux in view of Boudreaux 2 fail to disclose wherein the safety system selectively blocks movement of the movable jaw by mechanically blocking movement of the movable jaw at least from the fully open position to the hold position.
However, Holdmeyer teaches the safety system (45900) selectively blocks movement of the movable jaw (1230) by mechanically blocking movement of the movable jaw (1230) at least from the fully open position to the hold position (para. [0095]).
It would have been obvious to one having ordinary skill in the art, at the time applicant's invention was filed, to have modified the movable jaw of Boudreaux in view of Boudreaux 2 by having provided the safety system, as taught by Holdmeyer, in order to prevent closing and firing without a cartridge (para. [0095]).
Regarding claim 42, Boudreaux discloses a portable, hand-held tool (2) comprising: a working head assembly (10) having a fixed jaw assembly (16b), a movable jaw assembly (16a) and a biasing member (151) used to normally bias the movable jaw assembly (16a) in a direction away from the fixed jaw assembly (16b) to a fully open position (para. [0076]);
a handle assembly (4); and
a trigger assembly (8) including
at least one actuator (98); and
a trigger (9) having a lever portion (see annotated diagram 1 above), at least one jaw moving member (23) and a pivot portion (25a), the pivot portion (25a) is positioned in close proximity to the at least one switch (46) and is pivotably coupled to a portion of a movable jaw assembly (16a; via elements 24a and 26; para. [0039]), such that when the lever portion (see annotated diagram 1 above) is moved a first distance the at least one jaw moving member (23) causes the movable jaw assembly (16a) to move from a fully open position to a hold position (para. [0039]) without activating the at least one actuator (para. [0039]), and when the lever portion (see annotated diagram 1 above) is further moved a second distance, the pivot portion (25a) activates the at least one actuator in order to move the movable jaw assembly (16a) from the hold position to an operation cycle position where an operation of the jaw assemblies (16a, 16b) is performed (para. [0040]).
Boudreaux fails to disclose a motor in the tool.
However, Boudreaux 2 teaches a motor in the tool (10) to activate to electro-mechanically move the movable jaw (para. [0143]).
It would have been obvious to one having ordinary skill in the art, at the time applicant's invention was filed, to have modified the tool of Boudreaux by having provided the motor, as taught by Boudreaux 2, in order to efficiently close and actuate the jaws.
Boudreaux in view of Boudreaux 2 fail to disclose further comprising a safety system configured to selectively block movement of the movable jaw.
However, Holdmeyer teaches a safety system (45900) configured to selectively block movement of a movable jaw (1230; para. [0095]; claim 1).
It would have been obvious to one having ordinary skill in the art, at the time applicant's invention was filed, to have modified the movable jaw of Boudreaux in view of Boudreaux 2 by having provided the safety system, as taught by Holdmeyer, in order to prevent closing and firing without a cartridge (para. [0095]).
Regarding claim 43, Boudreaux discloses wherein the pivot portion (25a) is normally moved in a direction away from the at least one actuator (98) using at least one force generating member (refer to 112 2nd; in the instant case, this claim is being interpreted when the pivot portion is not moved. The term “normally” indicates that it does not move as well).
Regarding claim 44, Boudreaux discloses wherein the at least one force generating member comprises a biasing member (154; because this claim depends on the previous claim, that has a 112 2nd rejection, the biasing member is interpreted as having exerted a force, but not moving the element. In the instant case, the biasing element 154 exerts a force on element 40, which transfers to element 54, and therefore transfers to pivot pin 25a).
Regarding claim 45, Boudreaux discloses wherein the pivot portion (25a) includes a pivot pin (pin which is disposed within element 25a), and wherein at least a portion of the pivot pin activates the at least one actuator (98; via element 24).
Regarding claim 47, Boudreaux in view of Boudreaux 2 disclose the movable jaw (16a).
Boudreaux in view of Boudreaux 2 fail to disclose wherein the safety system selectively blocks movement of the movable jaw by mechanically blocking movement of the movable jaw at least from the fully open position to the hold position.
However, Holdmeyer teaches the safety system (45900) selectively blocks movement of the movable jaw (1230) by mechanically blocking movement of the movable jaw (1230) at least from the fully open position to the hold position (para. [0095]).
It would have been obvious to one having ordinary skill in the art, at the time applicant's invention was filed, to have modified the movable jaw of Boudreaux in view of Boudreaux 2 by having provided the safety system, as taught by Holdmeyer, in order to prevent closing and firing without a cartridge (para. [0095]).
Allowable Subject Matter
9. Claims 23, 26, 31, 33, 41, 46 and 48 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Regarding claim 23, the most relevant prior art is Boudreaux et al. (US 2015/0272660; “Boudreaux”).
Boudreaux discloses the jaw moving member (23) and the pivot portion (25a; Fig. 5)
Boudreaux fails to disclose wherein the at least one jaw moving member extending from a second end of the pivot portion comprises at least one leg.
It would not have been obvious to modify Boudreaux with the aforementioned limitation because the jaw moving member of Boudreaux is not connected to the pivot portion (Fig. 5). The jaw moving member is actuated through a linkage system incorporating the pivot member, but they never directly contact one another to be extending from the second portion.
Regarding claim 26, the most relevant prior art is Boudreaux et al. (US 2015/0272660; “Boudreaux”).
Boudreaux discloses the at least one actuator (98).
Boudreaux fails to disclose wherein the at least one actuator comprises a switch.
It would not have been obvious to one having ordinary skill in the art to modify Boudreaux with the aforementioned limitation because the switch is used to control the trigger pull setting, not the jaw actuation.
Regarding claim 31, the most relevant prior art is Boudreaux et al. (US 2015/0272660; “Boudreaux”).
Boudreaux discloses the jaw moving member (23) and the pivot portion (25a; Fig. 5)
Boudreaux fails to disclose wherein the at least one jaw moving member extending from a second end of the pivot portion comprises at least one leg.
It would not have been obvious to modify Boudreaux with the aforementioned limitation because the jaw moving member of Boudreaux is not connected to the pivot portion (Fig. 5). The jaw moving member is actuated through a linkage system incorporating the pivot member, but they never directly contact one another to be extending from the second portion.
Regarding claim 33, the most relevant prior art is Boudreaux et al. (US 2015/0272660; “Boudreaux”).
Boudreaux discloses the at least one actuator (98).
Boudreaux fails to disclose wherein the at least one actuator comprises a switch.
It would not have been obvious to one having ordinary skill in the art to modify Boudreaux with the aforementioned limitation because the switch is used to control the trigger pull setting, not the jaw actuation.
Regarding claim 38, the most relevant prior art is Boudreaux et al. (US 2015/0272660; “Boudreaux”).
Boudreaux discloses the jaw moving member (23) and the pivot portion (25a; Fig. 5)
Boudreaux fails to disclose wherein the at least one jaw moving member extending from a second end of the pivot portion comprises at least one leg.
It would not have been obvious to modify Boudreaux with the aforementioned limitation because the jaw moving member of Boudreaux is not connected to the pivot portion (Fig. 5). The jaw moving member is actuated through a linkage system incorporating the pivot member, but they never directly contact one another to be extending from the second portion.
Regarding claim 41, the most relevant prior art is Boudreaux et al. (US 2015/0272660; “Boudreaux”).
Boudreaux discloses the at least one actuator (98).
Boudreaux fails to disclose wherein the at least one actuator comprises a switch.
It would not have been obvious to one having ordinary skill in the art to modify Boudreaux with the aforementioned limitation because the switch is used to control the trigger pull setting, not the jaw actuation.
Regarding claim 46, the most relevant prior art is Boudreaux et al. (US 2015/0272660; “Boudreaux”).
Boudreaux discloses the jaw moving member (23) and the pivot portion (25a; Fig. 5)
Boudreaux fails to disclose wherein the at least one jaw moving member extending from a second end of the pivot portion comprises at least one leg.
It would not have been obvious to modify Boudreaux with the aforementioned limitation because the jaw moving member of Boudreaux is not connected to the pivot portion (Fig. 5). The jaw moving member is actuated through a linkage system incorporating the pivot member, but they never directly contact one another to be extending from the second portion.
Regarding claim 48, the most relevant prior art is Boudreaux et al. (US 2015/0272660; “Boudreaux”).
Boudreaux discloses the at least one actuator (98) and a switch (46).
Boudreaux fails to disclose wherein the at least one actuator comprises a switch.
It would not have been obvious to one having ordinary skill in the art to modify Boudreaux with the aforementioned limitation because the switch is used to control the trigger pull setting, not the jaw actuation.
Conclusion
10. Any inquiry concerning this communication or earlier communications from the examiner should be directed to EYAMINDAE JALLOW whose telephone number is (571)270-1927. The examiner can normally be reached on Monday-Thursday from 7:30am-5:00pm and alternating Fridays from 7:30am-4:00pm. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, SHELLEY SELF, can be reached on (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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/EYAMINDAE C JALLOW/Primary Examiner, Art Unit 3731