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.
Claim(s) 1-9, 13 and 23-24 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent Number 9,322,193 to Chen, in view of U.S. Patent Number 6,609,811 to Sharrah.
Chen discloses a multi-tool device (figure 2) for use in law enforcement, the device comprising: a body having a longitudinal axis, a first body end (2), and a second body end (2B) opposite and spaced apart along the longitudinal axis from the first body end; a handcuff lock tool (23, 25, 27) coupled to the first body end, wherein the lock tool comprises a handcuff key (27); and a fingertip element (tactile portion of 2B) and capable of be inserted between a detainee's wrist and a handcuff to verify proper spacing (placing the fingertip element in the desired position to determine correct placement), the fingertip element coupled to one of the first body end or the second body end, as in claim 1. However, Chen does not disclose the material the fingertip element is manufactured.
Sharrah teaches of a multi-tool device (10) for use in law enforcement, the device comprising: a body having a longitudinal axis, a first body end (end with 20-22), and a second body end (end with 34-36) opposite and spaced apart along the longitudinal axis from the first body end; a handcuff lock tool (20, 21, 22) coupled to the first body end, wherein the lock tool comprises a handcuff key (20); and a fingertip element (60, 61) formed of a resilient polymer material (column 7, lines 42-67), the fingertip element coupled to one of the first body end or the second body end (figure 2).
All of the component parts are known in Chen and Sharrah. The only difference is the combination of the “old elements” into a single device by mounting them on a single chassis. Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use a resilient polymer material as taught by Sharrah in the manufacturing of the fingertip element in Chen, since the material the element is manufactured is in no way dependent on the overall function of the handcuff key, and the resilient polymer material could be used in combination with the fingertip element of the handcuff key to achieve the predictable results of the fingertip element will not break during the high turning stresses they may be subjected to by a powerful police officer, but that is rigid enough so that the fingertip element will not easily distort during such use.
The selection of a known material based upon its suitability for the intended use is a design consideration within the level of skill of one skilled in the art. In re Leshin, 227 F.2d 197, 125 USPQ 416 (CCPA 1960).
Chen also discloses the handcuff lock tool is rotationally coupled to the first body end (shown in figure 4B and 4C), wherein the handcuff lock tool includes a first lock end (271) and a second lock end (251) opposite and spaced apart from the first lock end, wherein the handcuff key is coupled to the first lock end and a double lock tip is coupled to the second lock end, wherein the handcuff lock tool is rotatable between a key position and a lock tip position (shown in figure 4B and 4C), wherein the handcuff key extends away from the first body end and the double lock tip is disposed within the body in the key position, wherein the double lock tip extends away from the first body end and the handcuff key is disposed within the body in the lock tip position (shown in figure 4B and 4C), as in claim 2, further comprising a locking mechanism (35, 353) comprising a spring-pin (35) and at least one detent (353) defined by the handcuff lock tool, wherein locking mechanism is biased toward a locked position in which the spring-pin engages the at least one detent (figure 7A) and is urgable toward an unlocked position in which the spring-pin is not engaged with the at least one detent (figure 7B), as in claim 3, wherein the locking mechanism includes a slider (hinge pin) coupled to the spring pin and extending outwardly from a side of the body, wherein the slider is movable to cause the spring-pin to move from the locked position toward the unlocked position (allows 37 to pivot therefrom), as in claim 4, and an axle (331) about which the handcuff lock tool is rotatable relative to the body, wherein the at least one detent is defined by a portion of the axel (figures 7A and 7B), as in claim 5, as well as the at least one detent comprises two detents (opposed ears of 353), as in claim 6), as in claim 6.
Chen further discloses the fingertip element is coupled to the second body end (figure 2), as in claim 7, wherein the fingertip element is removably coupled to the second body end (separated as shown in figure 2), as in claim 8, and comprising a light source configured to emit light through the fingertip element (electric torch; column 4, lines 45-60), as in claim 9, as well as a writing instrument extending from the second body end such that the fingertip element covers at least a portion of the writing instrument when coupled to the second body end (column 4, lines 45-60), as in claim 13, and where the fingertip element is removably coupled to the first body end such that the fingertip element covers at least a portion of the handcuff lock tool when coupled to the first body end (placement shown in figure 2), as in claim 23, further comprising a double lock tip extending from the body (27, 251; figure 2), as in claim 24.
Claim Rejections - 35 USC § 103
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 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) 10 and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chen, and Sharrah, as applied above.
Chen and Sharrah disclose the invention substantially as claimed. However, Chen does not disclose the light source is configured to emit light at 10 lumens or less, or emit light in a strobing pattern. It is common knowledge in the prior art to adjust the brightness of a light, or a flashing pattern in the analogous art of illumination devices for the purpose of providing light in a darkened environment or to act as a signal. It would have been obvious to one having ordinary skill in the art at the time the invention was made to adjust the brightness or allow flashing of the light source in order to provide light in a darkened environment or to act as a signal.
Claim(s) 12, 14-22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chen and Sharrah, as applied above, in view of U.S. Patent Application Publication Number 2025/0131808 to Gish et al.
Chen and Sharrah discloses the invention substantially as claimed. However, Chen and Sharrah do not disclose a distance test indicator, or a transmitter, wherein activation of the light source transmits a signal configured to cause a camera external to the device to initiate recording. Gish et al. teach of a user interface (225) that may be configured to allow a user to interact with restraint device (200), the user interface comprising a distance test indicator (paragraph 48), as in claim 14, wherein the distance test indicator comprises a hall effect sensor or a magnet (paragraph 23), as in claim 15, and the distance test indicator comprises a Near Field Communication (NFC) module configured to emit a proximity signal (paragraph 225), as in claim 16, further comprising a controller having a processor (230) and a system memory (232), the processor being in operative communication with the distance test indicator, wherein the processor executes computer-readable instructions stored on the system memory, the instructions causing the processor to: cause the system memory to receive a distance input from the distance test indicator, compare the distance input to a predetermined distance threshold; and generate a distance signal if the distance input is above the predetermined distance threshold (paragraph 55), as in claim 17, as well as the instructions further cause the processor to: cause the device to provide a visual feedback, an audible feedback, or a haptic feedback (paragraph 55), as in claim 18, additionally comprising a transmitter (220) configured to transmit the distance signal externally from the device, as in claim 19, wherein the distance signal is encrypted (paragraph 107), as in claim 20, and the distance signal includes a timestamp or data specific to the device (paragraph 29), as in claim 21, with a pressure sensor, an oxygen saturation sensor, or a pulse sensor (biometric reader paragraph 48), as in claim 22. Furthermore, Gish et al. teach the user interface may be configured to transmit an alert. For example, in some embodiments the alert may be transmitted to an electronic device. The alert may comprise data regarding the biometric information, the alert criteria, and/or the like. The alert may comprise instructions to perform an operation based on the alert. For example, the electronic device may comprise a camera, such as a body-worn camera, a vehicle mounted camera, or the like (paragraph 39), as in claim 12.
All of the component parts are known in Chen, Sharrah and Gish et al. The only difference is the combination of the “old elements” into a single device by mounting them on a single chassis. Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate the user interface as taught by Gish et al. onto the multi-tool device in Chen and Sharrah, where the user interface acts as the distance test indicator, since the mechanical structure of the distance test indicator is in no way dependent on electric communication between the tool and the restraint device, and the distance test indicator could be used in combination with the multi-tool device to achieve the predictable results of allowing the multi-tool device to communicate with a restraint device to monitor the distance it is form the multi-tool device as well as biometric parameters.
Response to Arguments
Applicant’s argument with respect to claim(s) 1 has been considered but are moot because the new ground of rejection established due to the amended claims does not rely solely on the reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Accordingly, Sharrah has been used to teach of the use of resilient polymers in the manufacture of handcuff keys.
In response to applicant's argument that Chen does not disclose a fingertip element configured to be inserted between a detainee's wrist and a handcuff to verify proper spacing, a recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER J BOSWELL whose telephone number is (571)272-7054. The examiner can normally be reached M-R: 9-4; F 9-12.
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/CHRISTOPHER J BOSWELL/ Primary Examiner, Art Unit 3675
CJB /cb/
June 11, 2026
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