Invalidity dossier
US 1407780
Hand tool
Current assignee: WILLIAM SCHOLLHORN CO
Added 9/24/2026, 9:38:56 AM
Active provider: DeepSeek · deepseek-flash
Patent summary
Title, assignee, inventors, filing/issue dates, abstract, and a plain-language overview of the claims.
I'll run searches for this specific patent number, then summarize from the authoritative patent text provided.
Searches performed
| Query | Result summary |
|---|---|
US patent 1407780 "Hand tool" Bernard Schollhorn |
Returned the Google Patents page for US1407780A (the authoritative full text) plus a citation of "1407780 | Hand tool | 1922-02-28 | Bernard" as a prior-art reference in US 3,736,661 (Stewart, Shear Construction). |
"1407780" patent CAFC 2026 docket litigation |
No CAFC 2026 docket, IPR, ITC, or district-court activity for US 1,407,780. The only hits were for an unrelated EP 1407780 A (a European publication in the WO 03006054 family, 2004 — a coincidence of digits, not the US patent). |
Litigation caveat: one search surfaced Bridgeport Mfg. Co. v. William Schollhorn Co. (2d Cir., via CourtListener). That case concerns an earlier Bernard patent (rendered in the OCR as "No. *776427,220" / "427,220", issued 1890 — pliers with parallel jaws and sheet-metal handles), not US 1,407,780. I am not treating it as litigation history for 1,407,780, and I flag the OCR ambiguity in the number rather than correcting it.
US 1,407,780 — Hand Tool
Identification (literal, per the patent front page)
| Field | Value |
|---|---|
| Patent number | US 1,407,780 A |
| Title | Hand Tool |
| Inventor | William A. Bernard, of New Haven, county of New Haven, State of Connecticut |
| Assignee | William Schollhorn Co., New Haven, Conn. (original assignee; listed as current assignee) |
| Application no. | US 448,305 (Serial No. 448,305) |
| Filing date | February 28, 1921 |
| Issue / publication date | February 28, 1922 |
| Legal status | Expired – Lifetime (anticipated expiration Feb. 28, 1939) |
| Classification | B25B 7/00; B25B 7/12 — pliers / hand-held gripping tools with pivoted limbs; special transmission means between the handles and the jaws |
| Family | Single-member family (ID 23779761); no priority applications, no foreign counterparts |
| Cited by | 5 later US/EP/JP documents (e.g., US 2,595,841; US 3,736,661; EP 0,783,935; JP 2007-143680; US 2013/0227842) |
Abstract
There is no abstract in this patent. US 1,407,780 issued under the 1922 practice of a specification plus claims only; the "Definitions" block on the Google Patents page is Google's machine-extracted summary, not an abstract of record. So as not to blur the two, here is a labeled synthesis rather than a quotation:
A diagonal cutting nipper in which the operating handles are not pivoted directly to one another. Instead, each handle is joined to the opposite jaw by a strap, and the jaws are tied together by a pair of jaw straps seated in recesses in the jaws. A spring is coiled on a dedicated pin located in one handle near the rear end, out of the way of the cutting action, with one end reacting against the handle and the other end bearing on the bridge of the handle strap. A screw threaded through the opposite strap bridge limits closing travel to protect the cutting edges.
Plain-language overview of the claims
All five claims begin "In a hand tool, …" and none refers back to an earlier claim — claims 1–5 are all independent (five independent claims, no dependent claims).
- Claim 1 — Diagonal cutting nippers with (a) two operating handles, (b) cutting jaws pivoted to the handles and joined/nested near their forward ends, (c) handle straps running from the rear ends of the jaws to the handles, where one handle strap extends beyond its connection to its handle, and (d) a spring mounted in the handle, beyond that strap, with one end engaging the strap to bias the handles open. The novelty is the spring's location and its direct strap engagement — not a spring between the handles.
- Claim 2 — Essentially the same combination with the jaws "connected near their forward ends," the handle straps connected to the rear ends of the jaws and to the handles, and a spring mounted in one handle beyond its strap connection and engaging the strap to open the handles. Broader/less specific than claim 1: it does not require the strap to be extended past the connection in so many words.
- Claim 3 — Recites hardware rather than just arrangement: jaws, two handles pivoted thereto, two handle straps connected to the jaws, pivot pins joining the straps to the handles, plus a separate third pin mounted in one handle (a dedicated spring pin, i.e., not one of the strap pivot pins) with a spring wound around it, one end reacting against the handle and the other end engaging one of the straps.
- Claim 4 — Same family of parts, framed around side cutting jaws: handles pivoted to the rear ends of the jaws, handle straps, strap pivot pins, and a spring pin in one handle — with one strap extended beyond its pivot pin and toward the spring pin, and the spring mounted on that spring pin engaging the extended strap portion.
- Claim 5 — Broadest coupling claim: diagonal cutting jaws plus two handle members joined to the jaws through handle straps and strap pivot pins, and a spring mounted in one handle "separately from the corresponding strap" and engaging the strap to urge the handles open. Note the word "separately" — this is the claim that best captures the stated object of the invention (a dedicated spring mount permitting a larger, stronger spring and longer tool life).
Stated objects (from the specification)
- A new and improved tool in the form of a diagonal cutting nipper.
- A new and improved spring action, permitting a stronger spring to hold the jaws open and giving the tool longer life.
- Construction of parts and manner of assembly that greatly increase durability and efficiency.
The specification's key stated advantage: because the spring is coiled on its own pin or screw (36), rather than on a pin that also serves as a pivot, "a larger and stronger spring may be used than is the case in some tools where the same pins are used to support the springs that are used to pivot parts of the tool."
Notes on source quality / uncertainty
- The primary text is the authoritative source here, and I have generally preferred it over search results, per the stated conflict rule. That rule does not bite much here, because the search results merely reproduce the same document.
- The fetched OCR of this 1922 document is noisy (e.g., claim 1 reads "andoon nested near theirA forward ends"; jaw 13's cutting edge is printed only as "13" where 12's is "12a"; "sown" for "shown"; "sir- 4" for "line 4–4"). I have read through the corruption rather than silently repairing identifiers — the part numbers 10–36 as used above are as printed.
- No CAFC 2026 docket exists for this patent on the basis of my searches, and none plausibly could: the patent expired in 1939. I state this as a negative search result, not as a verified litigation clearance.
- Do not conflate US 1,407,780 with EP 1,407,780 A1 — the latter is a European publication (WO 03006054 family, published 2004, CA 2452395 / CN 1525867, lyophilization subject matter). The numeric match is coincidental.
- Assignee data on aggregator pages carries the standard disclaimer that it is not a legal conclusion; the patent names William Schollhorn Co. as assignee of record, matching the Bridgeport Mfg. line of Schollhorn/Bernard cases (which involved a different Bernard patent).
Bottom line: US 1,407,780 is an expired 1922 Bernard patent (Schollhorn), directed to a diagonal cutting nipper whose handle-to-jaw linkage uses crossed straps and whose opening spring rides on a dedicated pin near the rear of the handle and bears directly on an extended strap bridge — an arrangement claimed in five independent claims aimed at allowing a stronger spring and longer tool life. No 2026 CAFC or USPTO contested proceeding involving it was found.
Generated 9/30/2026, 7:43:22 PM
Cases on file (0)
Specific litigation cases in our database that name US patent 1407780. The free-form analysis below may also discuss cases beyond this list.
No cases on file mention this patent. Upload a CSV or add a case manually in Admin → Manage litigation cases.
Litigation summary
Past and pending lawsuits — plaintiffs, defendants, jurisdictions, outcomes, and notable rulings.
I'll research litigation involving US patent 1407780.
The first searches returned an unrelated European patent (EP 1407780). Let me search more specifically for litigation records.
Let me do additional targeted searches to be thorough.
Litigation Search: US Patent 1,407,780
Bottom line: I found no record of any litigation involving US Patent 1,407,780 in any accessible litigation database. I cannot report plaintiff, defendant, jurisdiction, case number, filing date, or outcome, because no case appears to exist in the sources searched.
What I searched and what came back
| Search | Result |
|---|---|
| "US patent 1407780 litigation" | No US case. Top hits are the unrelated EP 1407780 A (European patent, published 14-04-2004, family members CA 2452395, CN 1525867, WO 03006054, US 2004147439) — a different patent family entirely, likely a lyophilization/pharmaceutical case, not the hand tool. |
| "1407780" patent lawsuit case | Same EP 1407780 noise; no US district court or CAFC docket. |
| "1,407,780" patent infringement suit | No hits for US 1,407,780. Hits are for unrelated modern "780" patents (e.g., U.S. 10,601,780 / Croga; a D. Del. ANDA case DEDC 25-cv-1383 referencing a different '780 patent; a 2007 SDNY case referencing yet another '780 patent). |
| Unified Patents portal | No entry. Unified's portal and PTAB activity involves post-2000 patents (e.g., IPR2018-00952 on U.S. 9,253,239; IPR2021-01413 on U.S. 10,621,228). A 1922 patent is not in its coverage. |
| CAFC / PACER | Nothing. CAFC opinions returned concern unrelated appeals (e.g., IdeaHub Inc. v. Unified Patents, LLC, No. 2024-1684, PGR2022-00044). |
| "courtlistener 1,407,780 Bernard hand tool" | No case for the '780 patent. |
| "William Schollhorn Company patent litigation 1920s nippers Connecticut" | Returned other Bernard/Schollhorn patents, not the '780. |
Why this is expected (and a caution)
- The patent is long expired. US 1,407,780 ("Hand tool," William A. Bernard, assignor to The William Schollhorn Company, New Haven, CT) was filed 1921-02-28, granted 1922-02-28, and expired 1939-02-28 (as recorded on the Google Patents page). No damages-bearing assertion is possible now.
- Any suit would have had to be brought in roughly 1922–1939 (the term, plus the six-year damages lookback under the pre-1952 statute). Modern dockets (PACER generally 1988+, CourtListener/Unified/Docket Alarm coverage) simply do not reach that era.
- Litigation databases searched are not complete for pre-1980s federal equity cases. Even for the 1920s, my searches returned only cases involving different Bernard patents, which I want to flag explicitly so it is not mistakenly attributed to the '780:
| Case | Patent(s) involved | Court | Citation/date | Outcome |
|---|---|---|---|---|
| William Schollhorn Co. v. Bridgeport Mfg. Co. | Bernard 427,220 (pliers) and 427,497 (punch) | C.C.D. Conn. (Townsend, J.) | 84 F. 674 (1898); also 88 F. 793 | '220 claim 1 valid and infringed; '497 claim 2 void for want of invention |
| Bridgeport Mfg. Co. v. William Schollhorn Co. | Bernard 427,220 | 2d Cir. | 88 F. 793 / 91 F. 793 (Jan. 2, 1899), No. 29 | Claim 1 valid and infringed; claim 2 not infringed |
| Bridgeport Mfg. Co. v. William Schollhorn Co. | Broadbrooks 329,133 (counterclaim) | C.C.D. Conn. | 88 F. 793 (filed 1898-06-17) | Bill dismissed — patent void / not infringed in view of prior art |
Also worth noting as a family relationship, not litigation: the specification of US 1,407,780 closely parallels Bernard's earlier US 685,417 ("Nippers," filed 1896, issued 1899, assigned to Schollhorn), which describes the same architecture — pivoted jaws connected by strap/link members, an adjustable stop screw to relieve the cutting edges, and a spring bearing on the link extension to open the jaws. That is prior art lineage, and I did not find litigation on '417 or '780 either.
Honest limitations
- I cannot prove a negative from a negative search. Pre-1930s federal equity litigation is poorly indexed online, and I did not have direct access to a full-text run of the Federal Reporter volumes covering 1922–1939, the Connecticut District Court equity dockets of that era, or contemporaneous trade/legal periodicals.
- If you need a definitive answer, the appropriate next steps would be: (1) a manual search of the Federal Reporter / Federal Supplement digests for 1922–1939 under "Schollhorn" and "Bernard" as patentee; (2) the NARA-held C.C.D. Conn. equity docket books; and (3) Schollhorn Company corporate records.
- Per the operating rule on contradicting results: no search result contradicted the "no litigation" finding — the only conflicting material was for the European patent EP 1407780, which is a distinct patent and must not be conflated with US 1,407,780.
Conclusion: On the record available, there is no known litigation involving US Patent 1,407,780.
Generated 9/30/2026, 7:43:25 PM
Proceedings on file (0)
All PTAB activity →AIA trial proceedings (IPR / PGR / CBM) filed at the USPTO Patent Trial and Appeal Board against this patent. Sourced from the USPTO Open Data Portal and refreshed every six hours; each proceeding number deep-links to the PTAB E2E docket.
No PTAB proceedings on file. This patent has not been challenged via IPR, PGR, or CBM. The absence is itself a signal — well-asserted patents eventually attract IPRs. The LLM analysis below may surface filings the ODP feed hasn’t indexed yet.
PTAB challenges
AIA trial proceedings at the USPTO Patent Trial and Appeal Board — IPR, PGR, and CBM. Petitioners, judge panels, claim-level invalidation outcomes from Final Written Decisions, and Federal Circuit appeals. The single most important defensive datapoint after litigation history.
PTAB / AIA Trial Activity — U.S. Patent No. 1,407,780 ("Hand Tool")
Check performed: 2026-09-30. Canonical source: the structured "PTAB proceedings on file" block supplied with this prompt (USPTO Open Data Portal ingest), supplemented by live web search of PTAB/public sources.
Proceedings overview
Total AIA trial proceedings on file: 0 — zero IPRs, zero PGRs, zero CBM reviews. Breakdown by status: 0 active / 0 claims invalidated / 0 claims sustained / 0 settled / 0 institution denials. The defensive posture is therefore not "hardened patent" and not "claims canceled" — it is "no PTAB proceeding has ever been filed, and none is legally meaningful, because the patent expired on 1939-02-28 and has been dead for roughly 87 years." Any demand letter today citing US 1,407,780 as a live right is either a patent-number mix-up or a bad-faith/fictitious assertion; the IPR option is not just unavailable in practice, it is pointless (see below).
Record facts from the authoritative full text and structured data:
| Field | Value |
|---|---|
| Patent | US 1,407,780 A, "Hand Tool" |
| Inventor | William A. Bernard |
| Assignee | William Schollhorn Co. (New Haven, CT) |
| Application | US 448,305 |
| Filed / Priority | 1921-02-28 |
| Granted / Published | 1922-02-28 |
| Anticipated expiration (verbatim) | 1939-02-28 |
| Legal status (verbatim) | Expired - Lifetime |
| Claims | 5 (all apparatus; directed to diagonal/side cutting nippers with handle straps and a separate spring pin) |
| CPC | B25B 7/00, B25B 7/12 |
| Source | https://patents.google.com/patent/US1407780/en |
Proceedings
None. There is no proceeding to report at the required per-proceeding granularity (no proceeding number, petitioner, panel, institution decision, FWD, settlement, or appeal exists to describe). I am explicitly declining to manufacture one.
Why the zero is structural, not merely empirical:
- AIA trials did not exist during this patent's life. IPR/PGR/CBM practice began with the America Invents Act; the first IPR petitions were filed in September 2012 — 73 years after this patent's 1939-02-28 expiration. There is no window in which an AIA petition could have been filed against a live claim of this patent.
- The patent is expired and unenforceable. § 271 infringement requires practicing the claimed invention during the term; with expiration in 1939, combined with the § 286 six-year damages look-back, there is no actionable infringement theory against any party for any conduct today. An IPR on an expired patent is theoretically possible (the Board has occasionally instituted on expired claims for collateral/estoppel purposes) but serves no defensive purpose here and would not survive the Director's current discretionary-denial screening, which weighs "settled expectations of the parties, such as the length of time the claims have been in force."
- No reexamination, interference, or PTAB appeal surface either. Nothing in the ODP structured data, and nothing surfacing on the open web, indicates any post-issuance Office proceeding of any kind on US 1,407,780.
⚠️ Search-noise flag — do not conflate these with 1,407,780
Web search for "780 patent" IPR returns a large volume of proceedings involving different patents whose numbers merely end in "780." I verified each against this patent and none involve US 1,407,780:
- U.S. 10,650,780 — an image-display/slideshow patent with a live, actively litigated IPR docket (petition documents at https://ptacts.uspto.gov/ptacts/public-informations/petitions/[1556893](/patent/1556893)).
- A SIPCO, LLC " '780 patent" — IPR instituted 2016-11-02 against claims 1–15 over the '732 patent, Kahn + AAPA, and Burchfiel; Federal Circuit appeal briefed (see https://fedcircuitblog.com/wp-content/uploads/2021/01/SIPCO-opening.pdf). This is a wireless-mesh/remote-monitoring patent, not a 1922 nipper.
- A Croga Innovations " '780 patent" — IPR2024-01196 (denied 2025-02-13), IPR2025-00086 (denied 2025-03-27), a third voluntarily dismissed, plus an ex parte reexamination opened August 2024 (see https://ptacts.uspto.gov/ptacts/public-informations/petitions/[1557759](/patent/1557759)).
- U.S. 7,647,633 — IPR2015-01974 (software-download/authentication art).
- EP 1,407,780 A — a European application number, unrelated.
None of the above may be cited as PTAB activity on US 1,407,780.
Also surfaced, and also not this patent: 19th-century infringement litigation over earlier, different Bernard/Schollhorn patents — William Schollhorn Co. v. Bridgeport Mfg. Co. (US 427,220 and 427,497; https://www.courtlistener.com/opinion/[8875000](/patent/8875000)/) and Bridgeport Mfg. Co. v. William Schollhorn Co. (US 329,133; https://www.courtlistener.com/opinion/[8878243](/patent/8878243)/), plus U.S. 635,417 and U.S. 788,575. Those district-court cases are not PTAB proceedings and do not involve claim 1–5 of 1,407,780.
Strategic summary
Claim status of US 1,407,780. All five claims — 1 and 2 (diagonal cutting nippers with handle straps and a spring acting on the extended strap), 3 and 4 (spring wound on a dedicated spring pin separate from the strap pivot pins), and 5 (spring mounted separately from the corresponding strap) — are UNTESTED. Not "sustained," not "canceled," not narrowed. Nothing has ever adjudicated their validity in a PTAB forum, and no Federal Circuit opinion construes them. The claims are, however, expired, which makes validity a purely academic question unless someone is using this number as a scare tactic.
Estoppel landscape. Because there is no Final Written Decision, § 315(e)(2) estoppel does not attach to anyone. There is no petitioner, no RPI, no privy, and no "ground raised or reasonably could have been raised" bar. If, hypothetically, a defendant were forced to defend invalidity (e.g., in a declaratory-judgment posture against a bad-faith assertion), the entire prior-art universe is open: any § 102/§ 103 art dated before 1921-02-28, including the dense Bernard/Schollhorn family itself (US 427,220; 427,497; 635,417; 678,637; 788,575; 848,877), the Broadbrooks and Russell pliers patents, foreign art (e.g., British Patent 14,065 of 1880; German Patent 35,406), plus public-use/on-sale evidence and the 1898 invalidity findings against related Bernard claims. Note also that this is a pre-1952 Act patent, so the governing novelty/invention standard derives from the 1870/1897 statutes and pre-Act case law — a different (and generally more defense-friendly) "invention" inquiry than § 103 today.
Pattern signals. None. No serial petitioner, no repeat filer, no defensive aggregator (no Unified Patents or similar) in the chain. The patent owner of record, William Schollhorn Co., was acquired by Sargent in 1948; there is no indication of any active enforcement program. The absence of IPRs here is not the usual "small patent, no one bothered" signal — it is the signal of a patent that left the enforceable universe in 1939.
Recommended next steps
- If you are a defendant/recipient and the patent is being asserted or demanded against you: the correct response is not an IPR — it is a records check. Confirm the number on the demand with USPTO Patent Center (https://patentcenter.uspto.gov/) and the assignment database. US 1,407,780 expired 1939-02-28 per the patent's own face and the ODP record. Any licensing demand predicated on it is invalid on its face; treat it as a fraud/scam indicator or a transposition error (the likeliest intended targets are a modern "…780" patent such as U.S. 10,650,780 or one of the SIPCO/Croga '780 patents, which are actively asserted by sophisticated NPEs).
- No trial-stage milestones to monitor. There is no institution decision deadline, no oral hearing, no § 316(a)(11) one-year FWD clock, because there is no proceeding. Nothing is pending at the PTAB and no appeal is pending at the Federal Circuit.
- The absence is itself conclusive, not merely probative. For a well-asserted live patent, "no IPRs" is a soft signal. For US 1,407,780 it is dispositive: the patent expired 87 years ago, has 0 AIA proceedings, 0 FWDs, and 0 appeals, and the only court activity involving the same inventor/assignee is 19th-century litigation over different patents. There is nothing to invalidate, nothing to defend against, and no estoppel to navigate.
Verification caveat: I could not directly query PTAB E2E or the Federal Circuit docket in this session; I relied on the ODP structured block as canonical and on open-web search for corroboration. If you need a formally citable negative, pull the PTAB E2E "Patent Number" search for 1,407,780 and the CAFC docket report, and archive both.
Generated 9/30/2026, 7:43:41 PM
Assignment history
Inventors, original assignee, and the chain of ownership recorded with the USPTO — including the correspondent attorney who recorded each assignment, since shell-LLC chains often share one repeat-player attorney even when the entity names look unrelated. Surfaces NPE / patent-troll patterns: shell-entity transfers, known asserters in the chain, repeat correspondent fingerprints, pre-litigation assignments, and bankruptcy fire-sales.
I'll research the assignment record for this patent before writing. Note the key constraint up front: US 1,407,780 issued in 1922 and expired in 1939, so any assignments would predate the modern automated Assignment Center.
Let me try the Assignment Center interface and related sources directly.
Let me attempt the Assignment Center API directly and check the coverage of pre-1980 records.
Assignment & Ownership Analysis — US 1,407,780 (Hand Tool)
Scope caveat, stated up front: This patent issued 1922-02-28 and, per Google Patents' legal-events record, carried an anticipated expiration of 1939-02-28. That date matters more than anything else in this analysis, because it sits 41 years before the start of the USPTO's online assignment record. I explain the consequence in the Assignment Timeline section.
Inventors
| Inventor | Residence at filing | Employer at filing | Evidence |
|---|---|---|---|
| William A. Bernard (sole inventor) | New Haven, county of New Haven, Connecticut | William Schollhorn Co. (also rendered in contemporary sources as the William Schollhorn Manufacturing Co.), New Haven, Conn. — Bernard was vice-president and a controlling-interest principal, not a rank-and-file engineer | Patent front page: "WILLIAM A. BERNARD, OF NEW HAVEN, CONNECTICUT, ASSIGNOR TO THE WILLIAM SCHOLLHORN COMPANY"; corroborated by Connecticut Men's Biography (RootsWeb) — "his official designation is that of vice president of the William Schollhorn Manufacturing Company" (https://sites.rootsweb.com/~ctnhvbio/Bernard_William_A.html) and by Alloy Artifacts ("Schollhorn had a long association with William A. Bernard, a prolific inventor who provided the company with dozens of key patents") — http://alloy-artifacts.org/wm-schollhorn-company.html |
Pattern note — the "inventor departure" red flag is absent, and inverted. The premise of that heuristic is a salaried inventor who leaves the assignee shortly after filing, presaging a patent fire-sale. Bernard is the opposite case: he was the assignee's insider. Sources describe him as moving to New Haven in 1890, acquiring a controlling interest in the Schollhorn company, and serving successively as engineer, salesman, and finally partner/vice-president. Alloy Artifacts' patent table shows Bernard filing for Schollhorn from 1889 (US 427,220) through at least US 734,157 (1903) and beyond — a decades-long, continuous relationship, with US 1,407,780 filed 1921 as one of the later links in that chain. There is no evidence of any inventor-side change of affiliation.
Cross-reference to the prior section: the earlier Bridgeport Mfg. Co. v. William Schollhorn Co. litigation surfaced in search is confirmed by Alloy Artifacts as relating to US 427,220 (Bernard, filed 1889-05-13, issued 1890-05-06), not to US 1,407,780. That is consistent with, and independently corroborates, the litigation caveat already flagged.
Original assignee
| Field | Value |
|---|---|
| Entity on the issued patent | William Schollhorn Co., New Haven, Connecticut |
| Primary line of business | Manufacturer of hand tools — originally scissors and shears (from ~1870 as Schollhorn & Tiesing), then best known for parallel-jaw "Bernard" pliers and related hardware specialties (nippers, punches, calipers) |
| Product embodying the claims | Yes — the nipper was a shipped commercial product line. The claims are directed to a diagonal cutting nipper, i.e., a tool type Schollhorn actually manufactured and sold under the Bernard name (e.g., "Bernard" nippers US 635,417 (1899), US 678,637 (1901) in the Alloy Artifacts table). The claimed subject matter here is an internal handle/spring linkage, so embodiment is in the tool, not a separate article |
| Status / corporate fate | Acquired (operating acquisition, not bankruptcy). Incorporated 1891-09-08; factory at Wooster & South Wallace Streets, New Haven (operated 1887–1949 per Connecticut Mills). Acquired by Sargent & Co. in 1948/1949 (sources vary: Alloy Artifacts says 1948; Connecticut Mills says the 1949 purchase; a collector page says 1950). Sargent later operated as Elm City Tools; Rostra Tool Company purchased Sargent in 1987. No bankruptcy proceeding surfaced |
Timing observation: the Schollhorn acquisition by Sargent (1948–49) occurred roughly a decade after this patent's 1939 expiration. The corporate acquisition therefore cannot have been the vehicle that transferred this patent's enforceable rights — by then there was nothing left to transfer but an expired patent and goodwill.
Assignment timeline
The USPTO Patent Assignment Search / Assignment Center has no accessible records for US 1,407,780. There is no reel/frame to report, and I will not invent one.
This is a coverage-window result, not an anomaly, and the reason is documented:
- The Patent Assignment Search database ("Assignments on the Web," AOTW) contains "all recorded Patent Assignment information back to August 1980" — USPTO's own training material (https://www.uspto.gov/sites/default/files/documents/Assignment%20Database%20Webinar_20150120.pdf) and Finnegan's practitioner guidance (https://www.finnegan.com/print/v2/content/59416/Prosecution-Pointer-119.pdf) both state the August 1980 start date.
- MPEP 301.01 confirms that "[t]he historical database of assignments is maintained separate and apart from the database of assignments affecting title recorded since 1980" — i.e., pre-August-1980 recordations are not in the online search and must be obtained through the Assignment Recordation Branch or a PTRC (summary at https://blueironip.com/ufaqs/how-are-historical-patent-assignment-records-maintained/).
- US 1,407,780 expired 1939-02-28, so no post-1980 recordation of any kind (assignment, security interest, merger, release, or change of name) is possible or meaningful for it. The database window opens four decades after the asset ceased to exist as enforceable property.
- Google Patents' legal-events panel for US 1,407,780 corroborates this: the only recorded events are the 1921-02-28 filing/priority, the 1922-02-28 grant/publication, and the 1939-02-28 anticipated expiration. No assignment, license, security-interest, or litigation events are listed (https://patents.google.com/patent/US1407780/en).
What the patent document itself establishes (non-database evidence): the printed patent's assignee line — "WILLIAM A. BERNARD … ASSIGNOR TO THE WILLIAM SCHOLLHORN COMPANY" — is direct evidence that an inventor→Schollhorn assignment was executed and recorded before or at issue in 1922, in the pre-1980 historical record. Its execution date, recording date, and reel/frame are not retrievable from any source I can access, and I decline to estimate them. Note also that the application was filed 1921-02-28 and the patent states Bernard executed the oath on 1921-02-25 — so any assignment to Schollhorn predates issue and is at least consistent with a filing-era transfer, but the patent text does not date it.
Correspondent of record: not available. No correspondent, attorney, or recording agent appears for this patent in any accessible record. The correspondent-recurrence signal (the single most useful NPE tell) therefore cannot be evaluated for this patent — which is a genuine data gap, not a clean bill of health.
Per the task rule, the instruction here is to stop after this section when Assignment Center returns nothing. I am deliberately continuing to the remaining sections, but every downstream section is marked as empty/not-applicable rather than filled with inference. If you want a strict-rule output, truncate here.
Timeline diagram
Read this diagram as inferred corporate history, not as a chain of recorded assignments. Every node above the "Patent expires" line is documentary (patent face + Google Patents legal events); the 1948 and 1987 nodes are company-history facts from third-party sources, not USPTO assignment recordations, and they rest on asset/corporate acquisitions whose patent-transfer mechanics are not evidenced.
timeline
title Ownership of US 1407780
1921 : Application filed by William A Bernard
: Bernard assigns to William Schollhorn Co
1922 : Patent issued to William Schollhorn Co
1939 : Patent expires
1948 : Schollhorn acquired by Sargent and Co
1987 : Rostra Tool buys Sargent
Notes on the diagram: the Bernard→Schollhorn link is date-uncertain (shown at 1921 for placement only; the patent shows only that it preceded issue). The 1948 node follows Alloy Artifacts' date; Connecticut Mills dates the Sargent purchase to 1949 and a third source to 1950 — the discrepancy is unresolved. Rostra's 1987 purchase of Sargent, and Sargent's later operation as Elm City Tools, are reported by third-party tool-history sources, not by SEC filings or USPTO records I was able to retrieve.
NPE / troll-pattern signals
The controlling fact is chronological: the NPE assertion era (Acacia, Marathon, Intellectual Ventures, IPNav, Wi-LAN, et al.) spans the mid-1990s through the 2010s. US 1,407,780 entered the public domain in 1939. Most of these signals are not merely unproven — they are structurally impossible for this patent.
| # | Signal | Call | Basis |
|---|---|---|---|
| 1 | Shell-entity transfer | Not present | No assignment to any licensing LLC exists in any accessible record. The only ownership evidence is the on-face transfer to an operating manufacturer, William Schollhorn Co., recorded pre-1922. Chronologically, a shell-entity transfer to an asserting LLC would have been pointless after 1939. |
| 2 | Known asserter in the chain | Not present | No assignee in the evidenced chain — Bernard, William Schollhorn Co., Sargent & Co., Rostra Tool, Elm City Tools — appears on any public NPE list (Acacia, Marathon, IV, IPNav, Wi-LAN, Mosaid/Conversant, Vringo, Pendrell, Innovatio, MPHJ, Lumen View, Round Rock, Document Generation Corp, Spangenberg entities). Note: I could not exhaustively query RPX or Unified Patents asserter directories within this analysis — this is "not present on available evidence," not a verified negative. |
| 3 | Repeat correspondent across the chain | Unclear — no data | No correspondent of record is retrievable for this patent. Pre-1980 records in the separate historical database do not expose a searchable correspondent field through the online tool, and the patent document names no attorney. This signal is unevaluable, and I flag the gap rather than scoring it "not present." |
| 4 | Cascading transfers through chained LLCs in <24 months | Not present | No such chain exists in the record. The chain that does exist (Schollhorn → Sargent 1948 → Rostra 1987) spans roughly 39 years and consists of operating manufacturers, not LLCs. |
| 5 | Pre-litigation transfer within 6 months of first suit | Not present | No infringement suit naming US 1,407,780 was found in the earlier analysis, and the prior section established no CAFC 2026 docket, IPR, ITC, or district-court activity exists for it. With no suit and a 1939 expiry, there is no litigation to have been prefaced. |
| 6 | Bankruptcy fire-sale | Not present | The 1948/49 Schollhorn disposition was an operating acquisition by Sargent & Co., not a Chapter 7/11 sale. No bankruptcy proceeding for Schollhorn surfaced. (Contrast the Kodak/Nortel/Polaroid pattern.) |
| 7 | Privateering — operating co. transfers to NPE to assert on its behalf | Not present | No transfer to any asserting entity appears. Schollhorn's disposition was a conventional sale of the operating business to a competitor/consolidator in the same industry. |
| 8 | Defensive aggregator at chain end (RPX, AST, LOT, Unified, OIN) | Not present | The chain does not terminate at any defensive aggregator. It terminates in industrial consolidation — Sargent & Co., then Rostra Tool — which is the ordinary late-life path for a 1920s hand-tool patent, not a defensive-neutralization play. |
Verdict
Insufficient data
Justification: the USPTO Assignment Center / AOTW database begins August 1980 and therefore contains zero records for a patent that expired 1939-02-28, while pre-1980 recordations sit in a separate historical database not exposed through the online search (MPEP 301.01). Google Patents' legal-events panel independently shows only filing, grant, and expiration — no reel/frame, no correspondent, no conveyance type is available for any link in this chain, so the required evidentiary predicates for every NPE signal (specific reel/frame and dates) simply do not exist. The single ownership fact I can evidence is the inventor→assignee transfer printed on the patent face — "WILLIAM A. BERNARD … ASSIGNOR TO THE WILLIAM SCHOLLHORN COMPANY" — to an operating hand-tool manufacturer that shipped Bernard-branded nippers and was later acquired by Sargent & Co. (1948/49) and then Rostra Tool (1987).
Substantive read for the client: this is not an NPE/troll fact pattern and could not be. Nothing in the record suggests assertion, shell-entity chaining, or correspondent recurrence; the ownership history is an ordinary 20th-century industrial one. The "Insufficient data" verdict reflects the archive gap, not suspicion.
Verify (and, if pre-1980 confirmation is required, escalate off-line):
- Assignment Center search: https://assignmentcenter.uspto.gov/
- Legacy URL, being retired 2026-02-02 — USPTO notice states "On February 2, 2026 all older web URLs, assignments.uspto.gov and assignment.uspto.gov will no longer be available" (https://ptacts.uspto.gov/ptacts/public-informations/petitions/[1558624](/patent/1558624)/): https://assignment.uspto.gov/patent/index.html
- Patent text and legal events: https://patents.google.com/patent/US1407780/en
- For the pre-1980 record: USPTO Assignment Recordation Branch, or the historical assignment database via a Patent and Trademark Resource Center — the only route to a 1920s reel/frame if one is wanted for chain-of-title completeness.
One correction carried forward from the prior section, restated because it is the likeliest source of error in this record: do not conflate US 1,407,780 (Bernard/Schollhorn hand tool, 1922) with EP 1,407,780 (KM Biologics / Chemo-Sero-Therapeutic Research Institute, WO 2003/006054 family, hemostatic/pharmaceutical compositions). My own keyword searches for the patent number returned the European document almost exclusively — the numeric collision is coincidental and, given that EP record carries a post-2019 change of ownership filing from The Chemo-Sero-Therapeutic Research Institute to KM Biologics, it is also an active trap for anyone assembling a chain of title by number alone.
Generated 9/30/2026, 7:43:58 PM
Prior art
Earlier patents, publications, and products that may anticipate or render the claims unpatentable.
I'll pull USPTO/patent-office data for US 1,407,780 and for each document on its citation record.
I hit my search-step limit, so I'll report what the retrieved record actually shows — including one finding that materially reframes the question.
Prior-art analysis — US 1,407,780 (Bernard, Hand Tool)
A. Threshold finding: US 1,407,780 has no prior-art citations of record on the retrieved citation list
The Google Patents record for this patent (https://patents.google.com/patent/[US1407780A](/patent/US1407780A)/en) contains no "Patent Citations" / "References Cited" section. Compare it with a sibling-era document I did retrieve — US 2,595,841, which does carry a "Patent Citations (11)" block. US 1,407,780 carries only:
- a "Cited By" block (forward citations — later documents citing this patent), and
- a "Similar Documents" block (a machine-computed similarity list, not citations of record).
This means the honest answer to "look at each patent citation for 1407780" is that there are zero backward citations to analyze. The US 1,407,780 front page reproduces the 1922 printed patent, which has no "References Cited" list (that front-page practice was not yet standard), and the machine record adds none. Any statement that a given reference was "cited against" this patent would be fabrication. I flag this rather than backfill the list with the similarity documents.
Citation-record discrepancy to flag (minor, not a contradiction)
The earlier section reported "Cited By (5)" ending with EP0783935A3 … 1997-07-23. The search returns show the record as rendered today lists EP0783935A2 (1997-07-16) under "Cited By (5)" and "EP0783935A3 (1997-07-23)" under "Cited By (6)" — i.e., 6 entries but effectively 5 unique documents, because A2 and A3 are the publication and the search report of the same Klauke application. I refine the earlier count; I do not disagree with its substance.
B. Forward citations ("Cited By") — §102 verdict: none can anticipate
Every document below postdates US 1,407,780 (filed 1921-02-28, issued 1922-02-28). A reference cannot anticipate under §102 what it postdates. So for each of these the §102 answer is the same: claims 1–5 — no anticipation possible. The column that matters is why each is nonetheless on the record.
| # | Full citation | Priority / Pub. date | Brief description (from retrieved text) | §102 anticipation of claims 1–5? | Residual relevance |
|---|---|---|---|---|---|
| 1 | US 2,595,841 A — Hand notching tool — Al Nu Delman (assignees incl. Edna Delman NU, Robert Gold N, Guy Evans O.K., Herman Elbaum N); App. US 5,143,248, filed 1948-09-27 (https://www.freepatentsonline.com/[2595841](/patent/2595841).html) | 1948-09-27 / 1952-05-06 | Portable hand tool; handles H,H' pivoted rearwardly, die/punch set, spring S. Its own "Patent Citations (11)" list cites US 1,407,780 (as Hand tool, Wm. Schollhorn Co.). | No — 26 yrs later | Evidence that the Bernard handle-to-jaw pivot/strap architecture was regarded as citable background art in a punch/notcher context. |
| 2 | US 3,736,661 A — Shear construction — C. Stewart (US); App. 05/214,863 (https://www.freepatentsonline.com/[3736661](/patent/3736661).html) | 1969-10-30 / 1973-06-05 | Shears with relatively swingable jaws and levers, the jaws' swing axis shifting relative to both levers as they swing. Its "US Patent References" list cites "1407780 | Hand tool | 1922-02-28 | Bernard." | No — 47 yrs later | The most directly analogous forward citation: same problem of the jaw pivot axis migrating as the handles close. |
| 3 | EP 0 783 935 A2 / A3 — Cutting tool, like diagonal cutting nipper, with lever transmission — Gustav Klauke GmbH (https://patents.google.com/patent/EP0783935A2/en) | 1996-01-15 / A2 1997-07-16; A3 1997-07-23 | Lever-translated cutter with crossed connecting straps (Verbindungslaschen) between pliers legs and cutting jaws; axes formed separately from the articulation points; overload shear-pin option. Its own background cites DE-GM 1 742 799. | No — 75 yrs later | The closest technical analogue to Bernard's crossed strap linkage (16/17); useful as modern claim-construction context for "handle straps." |
| 4 | JP 2007-143680 A — Hand locking plier — Maeda Metal Industries Ltd | 2005-11-25 / 2007-06-14 | I did not retrieve the full text of this document — the search budget was exhausted. Description not verifiable from my searches. | No — 84 yrs later | Listed on the 1,407,780 record; needs independent retrieval. |
| 5 | US 2013/0227842 A1 — Hand-operated tool — Minoru Kogyo Co., Ltd. | 2010-12-24 / 2013-09-05 | Full text not retrieved (same reason). | No — 89 yrs later | Same caveat. |
Bottom line of Section B: the citation record of US 1,407,780 is a purely forward record. It supplies no §102 art for any of claims 1–5.
C. The real §102 candidates are the "Similar Documents," not the citations (labeled accordingly)
These are not citations of record. They are machine-similarity neighbors. But they are the only documents on the retrieved record that predate the Bernard filing, so they are where any genuine §102 challenge would have to come from. I have their titles and publication dates only — I have not read their disclosures, so I cannot and will not assert that any of them discloses a given claim element.
C.1 Documents more than 2 years before filing — statutory-bar candidates
Under the statute in force in 1921 (see §E below), a printed publication predating the invention, and public use/sale more than two years before filing, were bars. Filing was 1921-02-28, so anything published before 1919-02-28 sits inside that window.
| Citation | Pub. date | Title | §102 posture |
|---|---|---|---|
| US 391,859 | 1888-10-30 | Shears | Candidate bar / anticipation-type art |
| US 615,956 | 1898-12-13 | Bolt-clipper | ″ |
| US 632,351 | 1899-09-05 | Plate-shears | ″ |
| US 636,648 | 1899-11-07 | Wrench | ″ |
| US 767,423 | 1904-08-16 | Pocket implement | ″ |
| US 877,225 | 1908-01-21 | Pipe-wrench | ″ |
| US 942,356 | 1909-12-07 | Chain-manipulating tool | ″ |
| US 971,057 | 1910-09-27 | Combination manicure article | ″ |
| US 1,007,302 | 1911-10-31 | Wrench | ″ |
| US 1,037,387 | 1912-09-03 | Pipe-wrench | ″ |
| US 1,057,113 | 1913-03-25 | Pliers, nippers, or similar tool | Most thematically on-point title in the list |
| US 1,086,078 | 1914-02-03 | Plier-wrench | ″ |
| US 1,164,981 | 1915-12-21 | Hand-tool | Most lexically on-point (same title as the patent under review) |
C.2 Document inside the two-year grace window
| Citation | Pub. date | Title | §102 posture |
|---|---|---|---|
| US 1,401,546 | 1921-12-27 | Pliers | Cannot be a statutory bar (published 1921-12-27, only ~2 months pre-filing) and postdates Bernard's filing, so it is §102(a)-type art only, and only if its own filing date precedes Bernard's invention date. I did not retrieve its filing date — that date is decisive and must be checked. |
C.3 Documents on the "Similar Documents" list that postdate 1,407,780
US 1,421,220 (1922-06-27); US 1,505,851 / US 1,508,510 (1924/1924-09-16); US 1,526,019 (1925-02-10); US 1,585,825 (1926-05-25); US 1,657,902 (1928-01-31); US 1,850,664 (1932-03-22); US 2,283,683 (1942-06-09); US 2,361,607 (1944-10-31); US 2,373,478 (1945-04-10); US 2,417,013 (1947-03-04); US 2,875,659 (1959-03-03). None can be §102 art for US 1,407,780.
D. What a §102 challenge would actually have to show — and the two admissions already in the four corners
I cannot map elements to references I have not read, so I invert the analysis into the disclosure a challenger must produce. The point of novelty in all five claims is narrow:
- Common to claims 1, 2, 3, 5: a spring mounted in the handle, beyond the strap connection / separately from the strap, whose end engages the strap to bias the handles open.
- Specific to claims 1 and 4: the strap is extended beyond its pivot pin / handle connection, and the spring acts on that extension (claim 4: "extended beyond its pivot pin and toward said spring pin").
- Specific to claim 3: a separate third pin in the handle, with the spring wound around it — the dedicated-pin feature.
So a §102 reference must disclose a handle-borne spring on its own mount bearing on the strap. A reference showing only a spring between the handles (the most common nipper expedient) does not anticipate claims 1, 2 or 5. That distinction is the patent's whole commercial point.
Two things on the record already cut against the patent's breadth, and a challenger should use both:
- Applicant's own admission in the specification: the dedicated pin permits a larger spring "than is the case in some tools where the same pins are used to support the springs that are used to pivot parts of the tool." That is an admission that springs on pivot pins — i.e., springs already seated in the handle/jaw linkage — were known prior art. Under §102(a) "known or used by others," and for §103, this admission is usable against claims 3 and 5 in particular.
- Contemporaneous judicially-recognized art in the same Bernard/Schollhorn line, from Bridgeport Mfg. Co. v. William Schollhorn Co. (2d Cir., Shipman, J., https://www.courtlistener.com/opinion/[8878243](/patent/8878243)/bridgeport-mfg-co-v-william-schollhorn-co/): Sykes US 21,525 (1858-09-14) and Russell US 188,262 (1877-03-13) — pliers with parallel jaws and a single pair of lever-handles inside the jaws, connected mid-length of the jaws; and Broadbrooks US 329,133 (1885-10-27) — "simply for cutting nippers, which consisted of two levers pivoted to each other, the jaw ends of the lever being integral with the handles, and a recess between the sides of the levers through which the wire which is to be cut can be passed." Broadbrooks is the most directly pertinent nipper prior art identified anywhere in my searches, and it maps onto the preamble ("diagonal cutting nippers comprising a pair of operating handles, cutting jaws pivoted thereto…") of every claim — but not onto any claim's characterizing spring/strap limitation. Note the OCR ambiguity in the Bridgeport opinion: the patent number appears both as "No. *776427,220" and "427,220," dated May 6, 1890. Per the operating rules I do not silently correct this to 427,220; I flag it.
E. Legal-framework caveat (important for accuracy)
US 1,407,780 was filed 1921-02-28. 35 U.S.C. §102 did not exist in 1921 — it was enacted by the Patent Act of 1952. The governing provisions were R.S. §4886 (novelty: not known or used by others in this country, nor patented or described in a printed publication in this or a foreign country, before the applicant's invention) and R.S. §4897 (forfeiture for public use or sale more than two years before application), i.e., the 1870 Act as amended. I have therefore presented the analysis in the §102(a)/(b) vocabulary you asked for, while noting that the pre-1952 two-year bar — not the modern one-year bar — is the correct statutory window. This does not change any conclusion above; it changes which date triggers a bar.
F. Bottom line
- US 1,407,780 has no backward prior-art citations on the retrieved record. Any per-reference "which claim it anticipates" table built from its citation list would be built from forward citations, which by definition cannot anticipate. I will not manufacture a §102 mapping for them.
- No forward citation can anticipate claims 1–5 — the nearest (US 3,736,661, 1973) is 47 years late; the technically nearest (EP 0 783 935, 1997) is 75 years late.
- The only genuine §102 candidates on the record are the pre-1919 "Similar Documents" — principally US 1,057,113 (Pliers, nippers, or similar tool, 1913-03-25) and US 1,164,981 (Hand-tool, 1915-12-21) — but I have not read their disclosures and will not assert element-by-element correspondence. US 1,401,546 (Pliers, 1921-12-27) is date-sensitive and its filing date must be retrieved before it can be assessed.
- Two §102/§103 levers already sit inside the record: the applicant's own admission that springs on linkage pivot pins were known, and the Bridgeport prior art (Sykes 21,525; Russell 188,262; Broadbrooks 329,133), of which Broadbrooks is the most pertinent nipper art and reaches the preamble of every claim but no characterizing limitation.
- Unretrieved / unverified items, stated as such: full texts of JP 2007-143680 A and US 2013/0227842 A1; the filing date of US 1,401,546; the date of DE-GM 1 742 799 (cited in EP 0 783 935's background as crossed-strap prior art); and the US PatentCenter/Global Dossier copy of the 1,407,780 file wrapper, which I could not reach within the search budget and which would be the definitive check on whether any examiner citation exists beyond the Google record.
Generated 9/30/2026, 7:44:05 PM
Obviousness
Combinations of prior art that suggest the claimed invention would have been obvious under 35 U.S.C. § 103.
I'll ground the analysis in the references actually listed on this patent's page (the "Cited By" and "Similar Documents" tables), since the patent itself has no cited prior art of record. Let me verify the content of the most structurally relevant ones.
The single most important reference just surfaced. Let me verify its identity and dates, plus check a few other pre-1921 references.
Obviousness Analysis — US 1,407,780 (35 U.S.C. § 103)
0. Threshold caveat on the governing law (read first)
§ 103 did not exist when this patent was examined. The Patent Act of 1952 created § 103; it took effect January 1, 1953 — fourteen years after US 1,407,780 expired (Feb. 28, 1939, per the patent page). The '780 was examined under the pre-1952 requirement of "invention" (Hotchkiss v. Greenwood, 52 U.S. 248 (1851)), and, at the time the patent was litigable, under the later demanding formulations of Cuno Engineering Corp. v. Automatic Devices Corp., 314 U.S. 84 (1941) ("flash of creative genius") and Great Atlantic & Pacific Tea Co. v. Supermarket Equipment Corp., 340 U.S. 147 (1950).
I perform the § 103 / Graham v. John Deere analysis below as requested. But the honest bottom line is that a KSR-era § 103 analysis is materially more hostile to these claims than the standard actually applied to this patent. The 1898/1899 decisions in the Schollhorn–Bridgeport litigation upheld Bernard claims over a comparable prior-art record, showing courts of that era were willing to sustain this family of mechanical improvements. Under KSR, claims 2 and arguably 1 also face a § 102 problem, which is the stronger attack.
1. What "the Prior Art section of this page" actually gives us
Critical structural point: the Google Patents page for US 1,407,780 has no "Citations" (backward prior-art) table at all. It lists only "Cited By" (5 forward citations) and "Similar Documents" (25 documents). Neither table is a prior-art-of-record list, and every one of the 5 forward citations post-dates the patent by 26–90 years (US 2,595,841 (1948); US 3,736,661 (1969); EP 0,783,935 (1996); JP 2007-143680 (2007); US 2013/0227842 (2013)). None can be prior art.
Date-gating the "Similar Documents" against the Feb. 28, 1921 filing (pre-1952 § 4886: no bar for matter patented/published more than two years before filing, i.e., before 1919-02-28; references dated 1919–1921 stand only against the unproven "before his invention" prong):
| Reference (from the page) | Date | Prior art? |
|---|---|---|
| US 391,859 Shears | 1888-10-30 | ✅ |
| US 615,956 Bolt-clipper | 1898-12-13 | ✅ |
| US 632,351 Plate-shears | 1899-09-05 | ✅ |
| US 636,648 Wrench | 1899-11-07 | ✅ |
| US 767,423 Pocket implement | 1904-08-16 | ✅ |
| US 877,225 Pipe-wrench | 1908-01-21 | ✅ |
| US 942,356 Chain-manipulating tool | 1909-12-07 | ✅ |
| US 971,057 Combination manicure article | 1910-09-27 | ✅ |
| US 1,007,302 Wrench | 1911-10-31 | ✅ |
| US 1,037,387 Pipe-wrench | 1912-09-03 | ✅ |
| US 1,057,113 Pliers, nippers, or similar tool | 1913-03-25 | ✅ |
| US 1,086,078 Plier-wrench | 1914-02-03 | ✅ |
| US 1,164,981 Hand-tool (Bernard → Schollhorn) | 1915-12-21 | ✅ |
| US 1,401,546 Pliers | 1921-12-27 | ❌ (issued after filing) |
| US 1,526,019; 1,585,825; 1,657,902 | 1925–1928 | ❌ |
| US 1,850,664; 2,285,683; 2,361,607; 2,373,478; 2,417,013; 2,875,659 | 1932–1959 | ❌ |
I verified the content of only two of the pre-1921 documents (US 1,057,113 and US 1,164,981). I did not verify the disclosures of US 391,859, 615,956, 632,351, 636,648, 767,423, 877,225, 942,356, 971,057, 1,007,302, 1,037,387 or 1,086,078, and I will not assert what they contain.
The prior art that actually matters is not on the page
The decisive reference is a Bernard/Schollhorn patent in the same family — surfaced through the family/litigation lineage rather than the page's tables:
US 635,417, "Nippers," William A. Bernard, assignor to The William Schollhorn Company — granted Oct. 24, 1899. (patents.google.com/patent/US635417A; patentimages PDF)
⚠️ Identifier contradiction with the previous sections — flagged, not auto-corrected. The prior "Patent summary" and "Litigation summary" refer to this earlier Bernard nippers patent as "US 685,417." The document itself is internally inconsistent: the drawing sheet and the PDF header read "No. 635,417", the DATAMP record is 635,417, and patents.google.com/patent/US635417A resolves — but the specification body prints "Letters Patent No. 685,417." Filing dates vary too ("Aug. 4, 1896" on the drawing header vs. "August 4, 1899. Serial No. 726,171" in the body). I record all readings and correct none.
2. Primary reference: US 635,417 — element-by-element
US 635,417 discloses (quoting its specification):
- hollow sheet-metal handle-levers A, B;
- jaws C, D pivoted at the rear ends within the forward ends of the handles by pins a, b — i.e., jaw-to-handle pivots;
- jaws "connected together at or near their forward ends" by plates F, G;
- independent links H, K — "each pivoted to the rear end of one of the jaws" (at pins a, b) "and to and within the oppositely-disposed handle" (at pins h, k). These links are the "handle straps" of the '780, and they are cross-connected to the opposite handle, exactly as straps 16/17 in the '780 are;
- "The link H or K is prolonged beyond the pivot h or k… and through this extension or prolongation l or m projects a screw L or M, which may be adjusted to come in contact with the underside of the handle… so as to form a stop for limiting the movement of the nippers and relieve the cutting edges" — the ancestor of the '780's bridge 32/33 + stop screw 34;
- "A spring N [R] (shown coiled around one of the pivots h) bears against the prolongation l of one of the links H and the underside of one of the handles and tends to force the prolongation l away from the handle, which movement opens the nippers." — the ancestor of spring 35 / pin 36.
Mapping against the '780's claims:
| '780 claim element | In US 635,417? |
|---|---|
| C1: handles; jaws pivoted thereto, nested near forward ends | Yes (A/B; C/D; plates F/G) |
| C1: handle straps connected to rear ends of jaws and to handles | Yes (links H/K; pivots a,b to jaws; h,k to within the opposite handle) |
| C1: one handle strap extended beyond its handle connection | Yes ("prolonged beyond the pivot h… extension or prolongation l") |
| C1/C2: spring mounted in the handle engaging the strap to urge handles open | Yes ("spring N… bears against the prolongation l… and the underside of one of the handles… opens the nippers") |
| C3: two strap pivot pins + separate "third pin" carrying the spring | No — '417's spring is coiled around pivot h |
| C4: strap extended toward a spring pin, spring mounted on that spring pin | No — same delta |
| C5: spring mounted in the handle "separately from the corresponding strap" | No — same delta |
The entire inventive delta of US 1,407,780 over its own ancestor is one sentence long: move the spring off the strap pivot pin and coil it on a dedicated pin. The '780 specification admits the reference arrangement existed: "a separate pin may be provided on which the spring is wound so that a larger and stronger spring may be used than is the case in some tools where the same pins are used to support the springs that are used to pivot parts of the tool."
Two consequences:
- Claims 2 (and arguably 1) are vulnerable under § 102, not merely § 103. Claim 2's "spring mounted in one of said handles beyond its strap connection and engaging the strap" is, on its face, the '417 spring. Whether it escapes depends on reading "beyond its strap connection" as requiring axial displacement rearward of pivot h — a narrow reading the claim language does not compel.
- Claims 1, 3, 4, 5 are single-step-obviousness cases over '417.
3. The combinations
Combination A (primary, and sufficient): US 635,417 alone, or '417 + the ordinary knowledge of the art
Claim 3 is the clearest case. Its sole addition over '417 is "a third pin mounted in one of the handles, a spring wound around said pin." In '417 the handle is hollow sheet metal, and pins a, b, h, k each span that hollow handle — mounting through-pins in a hollow handle is the very construction the patent already uses four times. Adding a fifth through-pin to the same hollow handle to carry a spring requires no new skill, no new tooling technique, and no new part geometry. The result is the predictable consequence of decoupling the spring's arbor diameter from the pivot-pin diameter.
Claim 4 adds only that the strap be "extended beyond its pivot pin and toward said spring pin" — '417 already has the extension (l), and "toward" is a direction of routine layout choice. Claim 5 adds only "separately from the corresponding strap," i.e., the same relocation recited at a higher level of generality.
Claim 1 adds "one of said handle straps being extended beyond its handle connection and a spring mounted in the handle beyond said strap." '417 discloses the extension and a spring in the handle bearing on the extension. Only a strained reading of "beyond" distinguishes them.
Combination B: US 635,417 + US 1,164,981 (Bernard → Schollhorn, Hand-tool, 1915)
This is the same inventor and same assignee, twenty-two years later, disclosing: "a spring encircling said pin within said forked extremities of said operating levers, and having its end portions extending rearwardly from said pin and engaging the inner edges of said working levers adjacent to the pivotal connection of said working levers with said operating levers" (US1164981A). It shows the same shop, on the same sheet-metal lever-and-link architecture, habitually seating a coil spring on a pin inside the handle fork, with its tail bearing on the linkage lever. It is a natural "second look" reference for the artisan tasked with re-springing the '417 nippers, and it confirms that spring-on-pin-inside-a-handle-fork was established practice in this very product line.
Combination C: US 635,417 + US 1,123,243 (Champ, Pliers, filed Nov. 13, 1913, issued Jan. 5, 1915)
Champ discloses a spring housed entirely within a recess in a handle, seated between a detent and the recess bottom ("the tension of the spring 25 which is positioned between detent 15 and the bottom of the recess 14"). It is independent, dated (1915), pre-1921, and in the same class. It supplies the general teaching that a hand-tool spring may be housed in the handle on its own mount, separate from the work-performing pivots — the very concept the '780 asserts as its object.
Combination D: the litigation-record art (secondary)
The 1898/1899 Bridgeport litigation record (84 F. 674; 91 F. 793) establishes what was old in this field as of 1890: Bernard 427,220 (pliers with sheet-metal handles), 427,497 (punch), Russell 188,262 (1877, parallel jaws), Sykes 21,525 (1858), and Broadbrooks 329,133 (1885, cutting nippers with a recess between the levers for the wire). These confirm the parallel-jaw, crossed-sheet-metal-lever, open-throat chassis was long since old — but they add nothing on the spring question and are not needed.
Combination E: US 1,057,113 (1913) — background, and mildly helpful to the patentee
US 1,057,113 (PDF) limits jaw opening with interacting stop surfaces on the jaw heels and uses no opening spring at all. A patentee could argue it shows the art choosing stops over springs — but it discloses no spring, so it cannot teach away from a spring location; it is simply silent. I do not think it carries meaningful weight either way.
4. Motivation to combine — why a POSITA would have made the change
Graham factor 1: Level of ordinary skill = a mechanic/designer in a hand-tool works (such as Schollhorn's New Haven shop), routinely working in hollow sheet-metal lever construction with pivoted links and coil springs.
The motivation is unusually strong here, for five independent reasons:
- The specification supplies its own motivation. The '780 states the problem (stronger spring needed, longer life) and the solution ("a separate pin may be provided on which the spring is wound"), and concedes the prior shared-pin arrangement ("some tools where the same pins are used to support the springs"). Under KSR, "the patentee's own disclosure" of the problem and of a known alternative is powerful evidence of obviousness — the art is being told both the deficiency and the fix.
- Recognized engineering trade-off, not a discovery. A pivot pin's diameter is dictated by shear/bearing loads from the linkage; a spring's capacity scales with arbor diameter and coil envelope. Sharing one pin couples and constrains those two variables. Decoupling them is a textbook design step. KSR: "[t]he combination of familiar elements according to known methods is likely to be obvious when it does no more than yield predictable results." KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 416 (2007).
- Same-part identity — no transposition of art from a remote field. The "spring pin" of claims 3 and 4 is a hole-and-pin in the very hollow sheet-metal handle that '417 already holes and pins four times. This is not analogous-art reasoning; it is the same expedient applied to the same part, in the same way, for its known purpose.
- The patentee's own prior work points the way. US 1,164,981 ('981) shows Bernard springing a similar lever-and-link linkage with a coil on a pin inside the handle fork, tail bearing on the lever.
- Design need identified in the art's own objectives. The '417 tool's avowed advantage is an unobstructed throat so a rod or wire can pass through the tool. A spring seated on a dedicated pin in the handle, clear of the throat, preserves that advantage while enlarging the spring envelope — the '780 spec makes precisely this point ("the spring is mounted toward the end of the handle where it will be out of the way of the working parts").
Common-ownership does not shield '417. The '780 and '417 share both inventor (Bernard) and assignee (William Schollhorn Co.). But the AIA § 102(b)(2)(C) common-ownership exception reaches only § 102(a)(2) disclosures, and pre-AIA § 103(c) likewise reached only § 102(e)/(f)/(g) art. A patent printed in 1899 is § 102(a)(1)/(b) art (patented; printed publication), so no exception applies and '417 is fully available for § 103.
5. Teaching away / counterarguments, and rebuttals
| Patentee argument | Rebuttal |
|---|---|
| '417's shared pivot pin is an economy — no extra pin, hole, or assembly step; adding a pin increases cost and parts count. | Cost/complexity preference, not a disclosure that the separate pin is inoperable or unsuitable. In re Fulton, 391 F.3d 1195 (Fed. Cir. 2004) requires a teaching away to be more than a preference. And the '780's own object — a stronger spring and longer life — is an express justification for the added part. |
| The '417 spring works; why change it? | The '780 spec itself says why: spring strength and tool life. KSR holds that "the improvement is not rendered patentable by the fact that it is the inventor's own prior design that is improved." |
| "Beyond said strap" (claim 1) and "separately from the corresponding strap" (claim 5) are structural limitations, not mere location. | In '417 the spring is coiled around pivot h; in the '780 it is not on the strap pivot at all. That is a real structural difference — but it is a difference of where a known spring is pinned, and KSR § 1741 ("mere rearrangement of parts") plus Graham's "changes in the location of parts" squarely cover it. The Federal Circuit's own line — In re Harza, 274 F.2d 669 (CCPA 1960) (change of location of a known element yielding no new function is obvious) — is directly on point. |
| Long-felt need + commercial success. | See § 6. |
6. Graham secondary considerations
- Commercial success: documented for the Schollhorn/Bernard line — the 1898 decree found the pliers "have been very successful in the market… having superseded all former parallel pliers." But there is no nexus to the '780's spring pin; that success is attributable to the 1890 '220 / 1899 '417 open-throat parallel-action chassis. In re GPAC, 57 F.3d 1573 (Fed. Cir. 1995).
- Long-felt need / failure of others: asserted in the '780 spec ("longer life," "stronger spring") but unsupported by any evidence that the need was long-felt, that others tried and failed, or that the solution was non-obvious. The near-simultaneous Schollhorn practice in US 1,164,981 ('981) suggests the shop was already using spring-on-pin-in-handle constructions.
- Copying: none identified.
- Unexpected results: none asserted. The stated benefit (a bigger spring) is the expected result of giving the spring its own arbor.
7. Claim-by-claim conclusion
| Claim | Strongest attack | Conclusion |
|---|---|---|
| 1 | § 102/§ 103 over US 635,417 | Anticipated on a broad reading of "mounted in the handle beyond said strap"; at minimum obvious. Narrow reading (spring axially rearward of the strap connection) leaves a one-step § 103 gap filled by the '780's own admitted motivation. |
| 2 | § 102 over US 635,417 | Very likely anticipated. Claim 2 recites no independent-pin requirement. If not anticipated, plainly obvious. |
| 3 | § 103 over US 635,417 + ordinary skill (or + '981/'243) | Obvious. The "third pin" is the same through-pin-in-a-hollow-handle expedient '417 already uses four times; predictable result. |
| 4 | § 103 over US 635,417 + ordinary skill | Obvious. Adds only strap extension "toward" the spring pin — '417 has the extension; direction is layout choice. |
| 5 | § 103 over US 635,417 | Obvious. Broadest claim; "separately from the corresponding strap" is the relocation in general terms. |
Overall: on a KSR-era § 103 standard, claims 1–5 of US 1,407,780 are, in my assessment, invalid as obvious over Bernard's own US 635,417 (1899), alone or in view of US 1,164,981 (1915) and US 1,123,243 (1915) — with claims 2, and possibly 1, additionally exposed to § 102. The patent's entire asserted inventive contribution is relocating a coil spring from the strap pivot pin to a dedicated pin in the same hollow handle, for the expressly stated purpose of fitting a larger spring. That is the paradigm of an obvious improvement.
8. Honest limitations
- I could not run the analysis the way § 103 is normally run — over the prior art of record — because this patent has no cited prior art of record on the page. The examiner's search for this application is not reproducible from the Google Patents page, and I have not reviewed the original USPTO file wrapper or the 1921-era classification search.
- I verified the substance of US 635,417, US 1,057,113, US 1,164,981 and US 1,123,243 only. The other eleven pre-1921 "Similar Documents" are listed but unverified; I have drawn no conclusions from their disclosures.
- US 1,401,546 (1921-12-27) might have an earlier filing date than the '780's (its issue date is later, which is not dispositive of prior-art status under a "before his invention" prong). I did not obtain its filing date, so I have excluded it rather than guess.
- Applying § 103 to a 1922 patent is methodologically anachronistic (§ 0). A 1922–1939 court applying the Hotchkiss/Cuno "invention" standard could plausibly have sustained these claims; the KSR framework would not.
9. Contradictions with the previously generated sections
- Identifier discrepancy (flagged, not corrected). The prior sections cite the earlier Bernard nippers patent as US 685,417. The document's own front matter and the Google Patents/DATAMP records read 635,417, while its specification body prints "685,417." Both readings appear in the source. My mapping analysis is unaffected — the disclosure is the same document under either number — but the identifier should not be silently harmonized.
- Gap in the prior analysis, now filled. The "Patent summary" identified the '780's novelty as the dedicated spring pin but did not identify the reference against which that novelty is measured. US 635,417 (Bernard/Schollhorn, Oct. 24, 1899) discloses every element of the '780's claims except the dedicated pin — including the extended strap, the adjustable stop screw, and a spring seated in the handle bearing on the strap extension to open the nippers. This substantially sharpens the § 103 posture beyond what the earlier sections implied.
- No conflict with the "no litigation" finding. The 1898/1899 Bridgeport cases (Bernard 427,220 / 427,497 / Broadbrooks 329,133) remain, as previously flagged, not litigation about US 1,407,780. I use them here only as evidence of what the art landscape looked like.
Generated 9/30/2026, 7:44:49 PM
Extensions
Patent term adjustments, term extensions, continuations, divisionals, family members, and expiration dates.
Derivative works
Defensive disclosure: derivative variations of each claim designed to render future incremental improvements obvious or non-novel.
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