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 § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-6, 9-13, and 17, is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. The limitation of Claim 1 reading: “an output shaft (159A) including a first portion (161) and a second portion (about 158), the first portion being wider than the second portion, the second portion being wider than the output gear opening” (numerals added, based on the disclosure), was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor, at the time the application was filed, had possession of the claimed invention. For instance, looking at figure 2A, the shaft portion 161, being the first portion is wider than the second portion (e.g. portion surrounded by either parts 163 or 158. However, no part of the second portion appears to be wider than the output gear 158 opening, since the second (skinnier) part of the shaft 159 is in friction contact with and surrounded by said output gear opening.
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.
Claims 1-6, 9-13, and 17 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 pre-AIA the applicant regards as the invention.
The limitation of Claim 1 reading: “an output shaft (159A) including a first portion (161) and a second portion (about 158), the first portion being wider than the second portion, the second portion being wider than the output gear opening” (numerals added, based on the disclosure), is indefinite. For instance, looking at figure 2A, the shaft portion 161, being the first portion is wider than the second portion (e.g. portion surrounded by either parts 163 or 158. However, no part of the second portion appears to be wider than the output gear 158 opening, since the second (skinnier) part of the shaft 159 is in friction contact with and surrounded by said output gear opening. As best understood, the skinnier, e,g, top part of the output shaft 159, which is surrounded by and contacts the output gear 158 opening, is wider than said opening, only in as much as is required to form an interference fit therewith, and thereby have the shaft impart motion to the output gear 158.
The limitation of claim 11 reading “the blade assembly is secured to the gear case via a plurality of blade mounting screws, and wherein the blade assembly includes a peanut- shaped bushing”, is indefinite. A bushing is generally defined as “a metal lining for a round hole, especially one in which an axle revolves.” (See oxford language dictionary). However, in the present speciation it is noted that “the blade assembly 140 that includes a peanut shaped bushing 702 that provides two contact surfaces in one bushing”. Looking at fig. 7C, the bushing is shown to be an oblong shaped bearing which is enclosed in a sleeve in the blade. The bushing does not appear to be a sleeve, except in as much as the part includes openings for screws 190. For purposes of advancing prosecution the peanut shaped bushing is to be interpreted as an oblong part that either contains openings for screws or that is received in a sliding hole.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102 of this title, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-3, 5 and 9-10 are rejected under 35 U.S.C. 103 as being unpatentable over USPGPUB 20150150194, Wang in view of 3636995, Newman.
Regarding Claim 1, Wang discloses a:
hedge trimmer (abstract) comprising:
a first blade 102/110 including a first blade opening 122 at a first proximal end (of the first blade);
a second blade 104 and 112 including a second blade opening (124) at a second proximal end (of the blade);
a first cam coin (106) including a first cam coin opening (opening through which shaft 132 extends, see fig. 3);
a second cam (108) coin including a second cam coin opening ((opening through which shaft 132 extends, see fig. 3);
an output gear (130) including an output gear opening (opening through which shaft 132 extends, see fig. 3)
an output shaft (132) including a first portion (portion which is surrounded by the cam coins 106 and 108, fig. 3) and a second portion (portion which is surrounded by the gear 130, fig. 3), the first portion being wider than the second portion, the second portion being wider than the output gear opening (in that the shaft transmits rotation to the cams by extending through the cam coin openings and thus forming an interference fit which enables the shaft to rotate the cam coins, par’s 0023 and 0026-0027, see annotated fig 3 below),
wherein the first cam coin opening and the second cam coin opening are aligned to form a cam assembly (par 0023, fig. 3), wherein the output shaft is positioned through the first cam coin opening and the second cam coin opening (see fig 3)
and wherein the cam assembly is positioned in a perpendicular plane with respect to the second portion (fig 3) and is supported for rotation about an axis to rotate eccentrically with respect to an output shaft axis of the output shaft (par 0023 and 0027).
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Wang lacks a cam cover including a cover opening adjacent the first cam coin and a surface of the first cam coin and a surface of the first portion of the output shaft. (in fact, Wang is silent as to how the cam assembly is connected to the device itself).
Newman discloses a cam operated powered cutting assembly, in the same field of endeavor as the cam operated powered cutting assembly device of the present invention and discloses that such a system includes a cam cover 30 including a cover opening 30a adjacent to a cam coin 21 and a surface of an output shaft (22) that is connected to the cam coin 21. Newman also teaches that the cam cover is connected to the cover of the device (col 3, lines 35-60).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Wang by a cam cover including a cover opening adjacent the first cam coin and a surface of the first cam coin and a surface of the first portion of the output shaft in order to allow the cam coin and output shaft to be coupled to the cover of the assembly, as taught by Newman.
Regarding Claim 2, in Wang the output shaft 132 is positioned such that the first portion supports the cam assembly and the second portion supports the output gear, (par 0023-0024 and fig. 3).
Regarding Claim 3, in Wang, the first cam coin and the second cam coin are positioned 180 degrees apart respective to the output shaft (since the portions are stacked upon one another, in the same fashion as the parts 165/164 are stacked on one another, See: fig. 2B of the present drawings).
Regarding Claim 5, in Wang the cam assembly is configured to rigidly mount the first blade and the second blade to prevent disengagement of the first blade and the second blade (par. 0027, since the cam assembly allows for the blades to be driven by the shaft/motor of the tool).
Regarding Claim 9, in Wang the trimmer device further comprises
a gear case (portion of housing which houses the part 132 and which connects to the blades); and a gear case cover (portion of housing which encloses the part 132); coupled to the gear case (par 0019, fig. 1), wherein the cam assembly is coupled to the gear case (fig 3).
Regarding Claim 10, in Wang the trimming apparatus further comprises:
a blade assembly (122, 124 102, 104) coupled to the cam assembly (see fig 2 and par. 0022), the blade assembly including the first blade 102, the second blade 104, a blade spine (portion connected to post 120), and a plurality of bushings 120 and 118, wherein: the first blade and the second blade are affixed to the blade spine (par 0022-0024), and the plurality of bushings are stationary with respect to the blade spine (since they are integral there with) and allow for reciprocating motion between the first blade and the second blade (par 0022).
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Wang and Newman as applied to claim 1 above, and further in view of USPGPUB 20160007542, Stones.
Regarding Claim 6, in Wang the tool further comprises
a housing (“housing”, par. 0023);
a motor mounted to the housing and coupled to the output gear (par 0019, and 0023);
Wang lacks: a battery pack configured to supply power to the motor, wherein the output gear is configured to transmit forces generated by the motor to rotate the output shaft;
a battery pack configured to supply power to the motor, wherein the output gear is configured to transmit forces generated by the motor to rotate the output shaft.
Stones discloses a hedge trimmer, in the same field of endeavor as the hedge trimmer of the present invention and discloses that such a system includes battery pack 106 configured to supply power to a motor (114, par 0033-0034 and par. 0036), wherein an output gear 120 of the tool is configured to transmit forces generated by the motor to rotate an output shaft 122 in order to allow for operation of the tool in a cordless manner/fashion, par. 0033.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Wang by including a battery pack configured to supply power to the motor, wherein the output gear is configured to transmit forces generated by the motor to rotate the output shaft in order to allow for operation of the tool in a cordless manner/fashion, as taught by Stone.
Claims 11-12, are rejected under 35 U.S.C. 103 as being unpatentable over Wang/Newman as applied to claim 10 above, and further in view of USPN 0558973, Miliken.
Regarding Claims 11-12, Wang lacks the blade assembly is secured to the gear case via a plurality of blade mounting screws, and wherein the blade assembly includes a peanut- shaped bushing (claim 11), wherein each of the blade mounting screws is secured to the gear case via a respective fastener (22) (claim 12).
Milliken discloses a reciprocating blade assembly in the same field of endeavor as the reciprocating blade mechanism of Wang and discloses that in such assembly it is known to include the blade being secured to the a gear mechanism 4 and related casing via screws 16 and which includes a bushing attached to the assembly which bushing (15) is oblong and thus peanut shaped and which includes holes in the form of sleeves for receiving rotatable parts 16/6 such that the connection of the parts prevent the blade parts from wabbling while reciprocating (pg. 2 lines 15-20)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Wang by including the blade assembly is secured to the gear case via a plurality of blade mounting screws, and wherein the blade assembly includes a peanut- shaped bushing (claim 11) wherein each of the blade mounting screws is secured to the gear case via a respective fastener (claim 12). in order to prevent the blade parts from wabbling while reciprocating, as taught by Stone.
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Wang in view of Newman and Milliken as applied to claim 12 above, and further in view of USPN 2312809, Flethcer.
Modified Wang lacks each of the fasteners include a hexagonal nut.
Fletcher discloses a reciprocating blade assembly in the same field of endeavor as the reciprocating blade mechanism of Wang and discloses that in such assembly it is known to include the blade being secured to a bushing mechanism 16 via a hexagonal nut 19.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Wang by including the blade assembly being secured to the bushing via a hexagonal nut, in order to secure the blade in a known manner to attach blades in the mechanical arts.
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Wang in view of Newman as applied to claim 1 above, and further in view of GB 2440646 A, Waldorn.
Wang lacks a fully-enclosed blade sheath to protect the first blade and the second blade.
Waldorn discloses a reciprocating blade assembly in the same field of endeavor as the reciprocating blade mechanism of Wang and discloses that in such assembly it is known to have a fully-enclosed blade sheath to protect the first blade and the second blade (final par. Of page 15) in order to protect blades 6 and to prevent injury to a use (final passage in page 15).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Wang by including fully-enclosed blade sheath to protect the first blade and the second blade in order to protect blades and to prevent injury to a user as taught by Waldorn.
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over USPGPUB 20160113209 Sergeyenko in view of USPGPUB 20120005904, Zwirkoski, Wang, and Newman.
Regarding Claim 20, Sergeyenko discloses a hedge trimmer (since the shearing tool can be used to cut hedges) comprising:
a trigger switch 20;
an output gear 60;
a motor 50 coupled to the output gear (fig 2), the motor configured to operate in a forward rotational direction or a reverse rotational direction (par. 0029); and
a controller 22 connected to the motor (par 0029)
Sergeyenko lacks Feature I: the controller having one or more processors; and a non-transitory computer readable medium connected to the one or more processors and having instructions stored thereon which, when executed by the one or more processors, cause the one or more processors to: receive an input from the trigger switch, and change a rotational direction of the motor based on the input, Feature II the output gear including an output gear opening; a first cam coin including a first cam coin opening; a second cam coin including a second cam coin opening;;an output shaft extending through the output gear opening, the first cam coin opening, the second cam coin opening, and the cam cover opening and Feature III a cam cover including a cover opening adjacent the first cam coin.
Regarding Feature I: Zwirkoski discloses a reciprocating blade assembly (see par. 0248-0249) in the same field of endeavor as the reciprocating blade mechanism of Sergeyenko, and discloses that such an assembly has a controller having one or more processors (par 0201); and a non-transitory computer readable medium connected to the one or more processors (par 0202); and having instructions stored thereon which, when executed by the one or more processors, cause the one or more processors to: receive an input from the trigger switch, and change a rotational direction of the motor based on the input, (par 0174, par 0203), in order to control the device while also allowing for an automatic adjusting of the power as the toughness of the material being cut varies (par 0157-0158).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Sergeyenko by having the trimmer comprise controller having one or more processors; and a non-transitory computer readable medium connected to the one or more processors and having instructions stored thereon which, when executed by the one or more processors, cause the one or more processors to: receive an input from the trigger switch, and change a rotational direction of the motor based on the input in order to control the device while also allowing for an automatic adjusting of the power as the toughness of the material being cut varies as taught by Zirkoki.
Regarding Feature II: Wang discloses a hedge trimmer assembly (abstract) in the same field of endeavor as the hedge trimmer assembly of the present invention and includes the output gear 130 including an output gear opening (opening through which shaft extends, fig 3) a first cam coin (106) including a first cam coin opening (opening through which shaft 132 extends, see fig. 3); a second cam (108) coin including a second cam coin opening ((opening through which shaft 132 extends, see fig. 3); an output gear (130) including an output gear opening (opening through which shaft 132 extends, see fig. 3) an output shaft (132) including a first portion (portion which is surrounded by the cam coins 106 and 108, fig. 3) and a second portion (portion which is surrounded by the gear 130, fig. 3), the first portion being wider than the second portion, the second portion being wider than the output gear opening (in that the shaft transmits rotation to the cams by extending through the cam coin openings and thus forming an interference fit which enables the shaft to rotate the cam coins, par’s 0023 and 0026-0027, see annotated fig 3 below), wherein the first cam coin opening and the second cam coin opening are aligned to form a cam assembly (par 0023, fig. 3), wherein the output shaft is positioned through the first cam coin opening and the second cam coin opening (see fig 3) and wherein the cam assembly is positioned in a perpendicular plane with respect to the second portion (fig 3) and is supported for rotation about an axis to rotate eccentrically with respect to an output shaft axis of the output shaft (par 0023 and 0027) in order to allow the tool to reverse the cutting mechanism from a direction of the drive from the motor, to prevent jamming, col. 1, 25-45.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Sergeyenko by including the output gear including an output gear opening a first cam coin including a first cam coin opening; a second cam coin including a second cam coin opening;;an output shaft extending through the output gear opening, the first cam coin opening, the second cam coin opening, and the cam cover opening and Feature III a cam cover including a cover opening adjacent the first cam coin, in order to allow the tool to reverse the cutting mechanism from a direction of the drive from the motor, to prevent jamming, as taught in wang.
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Regarding Feature III: Newman discloses a cam operated powered cutting assembly, in the same field of endeavor as the cam operated powered cutting assembly device of the present invention and discloses that such a system includes a cam cover 30 including a cover opening 30a adjacent to a cam coin 21 and a surface of an output shaft (22) that is connected to the cam coin 21. Newman also teaches that the cam cover is connected to the cover of the device (col 3, lines 35-60).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Sergeyenko by a cam cover including a cover opening adjacent the first cam coin and a surface of the first cam coin and a surface of the first portion of the output shaft in order to allow the cam coin and output shaft to be coupled to the cover of the assembly, as taught by Newman.
Allowable Subject Matter
Claim 4 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: As noted above, Wang and Sergeyenko discloses all of the features of claim 1. However, neither Wang, nor any of the other cited art of references has the features of claim 1 in combination with the remaining features of claim 4.
Specifically, none of the cited art includes a cam cover including a cover opening; and a slide cam washer including a slide cam opening, wherein: the cover opening and the slide cam opening are aligned with the first cam coin opening and the second cam coin opening to form the cam assembly, the output shaft is positioned through the slide cam opening, the cam cover is adjacent to a surface of the first portion, the first cam coin is adjacent to the cam cover, the first proximal end of the first blade is adjacent to the first cam coin, the slide cam washer is adjacent to the first proximal end of the first blade, the second proximal end of the second blade is adjacent to the slide cam washer, the second cam coin is adjacent to the second proximal end of the second blade, and the output gear is adjacent to the second cam coin, in conjunction with the structure claimed in claim 1 of the present invention. As such, Claim 4, would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening 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 FERNANDO A AYALA whose telephone number is (571)270-5336. The examiner can normally be reached Monday-Friday 9am-5pm Eastern standard.
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/FERNANDO A AYALA/Examiner, Art Unit 3724
/BOYER D ASHLEY/Supervisory Patent Examiner, Art Unit 3724