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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 02/26/2026 has been entered.
Claim Objections
Claim 9 is objected to because of the following informalities:
Claim 9, ll. 3, consider amending to, --and the plurality of batteries are arranged side by side in [[a]]the front-and-rear direction of the—for proper antecedent basis.
Appropriate correction is required.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-7, 9, 11-15, and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Okouchi (WO2014119128), as provided by the Examiner, in view of Richards et al. (US Patent No. 2,671,476) and Johnson (US 2007/0164598).
Regarding claim 1, Okouchi (WO2014119128), as provided by the Examiner, discloses a cutting machine (embodiment of figs. 13-15) that cuts a structure by pressing a disk-shaped blade (item 21B; pp. [0028]; figs. 13-14) against the structure while rotating the blade (pp. [0001] in NPL), comprising:
an electric motor (within motor housing 31B, motor not explicitly shown; figs. 13-15) that is a driving source rotationally driving the blade (pp. [0018]); and
a battery (item 10; figs. 13-15) that stores electric power to be supplied to the electric motor (pp. [0004] and [0032]);
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Annotated Fig. 14.
wherein the blade, the electric motor and the battery are arranged along a width direction of the cutting machine (designated in annotated fig. 14 above) such that the electric motor is arranged between the blade and the battery in the width direction (electric motor within motor housing 31B positioned between blade 21B and battery 10; fig. 14 below), and the blade, the electric motor and the battery are arranged to at least partially overlap each other in both a front-and-rear direction (in view of fig. 13 below, the electric motor within motor housing 31B and battery 10 at least partially overlap, i.e. positioned at the same height in view of fig. 13) and an up-and-down direction of the cutting machine (in view of fig 14 below, the electric motor within motor housing 31B and battery 10 at least partially overlap in up-down direction, similar to applicant’s disclosure in view of figs. 5-6 of instant disclosure) ,
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Annotated Fig. 13.
wherein the blade has a second rotary shaft extending in the width direction (defined along rotation centerline of blade 21B; pp. [0028]; fig. 15).
Though the electric motor appears to be rearward of the second rotary shaft of the blade in the front-and-rear direction (figs. 13-14), the embodiment of figs. 13-15 in Okouchi does not explicitly disclose wherein the electric motor has a first rotary shaft extending in the width direction, and the details of the first rotary shaft of the electric motor and the second rotary shaft of the blade connected with each other by a power transmission mechanism.
However, Richards et al. (US Patent No. 2,671,476) teaches an analogous cutting machine (figs. 1-2) comprising a blade (item 10 within shield 8, 9; figs. 1-3) having a second rotary shaft (item 4; figs. 2-3) extending in a width direction (extending into the page in view of figs. 2-3), wherein the blade is partially overlapped by an electric motor (item 3; figs. 1-3) having a first rotary shaft (defined as motor shaft; figs. 1-3) extending in the width direction (parallel and offset from second rotary shaft), and wherein the first rotary shaft of the electric motor and the second rotary shaft of the blade are connected with each other by a power transmission mechanism (includes items 57, 58; fig. 2; col. 5, ll. 8-21).
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Richards Annotated Fig. 2.
Further, the figs. 13-15 embodiment of Okouchi discloses the same effects of the embodiment of figs. 1-3, which teach a parallel first rotary shaft of the electric motor and second rotary shaft of the blade, may also be achieved. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the rearward first rotary shaft of the electric motor being perpendicular to the second rotary shaft of the blade, as disclosed in figs. 13-15 embodiment of Okouchi, with the rearward first rotary shaft of the electric motor being parallel to the second rotary shaft of the blade, as taught in Richards et al, to achieve the predictable result of transmitting power to the blade.
Lastly, Okouchi does not disclose a machine body having wheels and rotatably supporting the blade. However, Johnson (US 2007/0359244) teaches an analogous cutting machine (item 54; pp. [0036]; fig. 1) comprising a blade (item 62; fig. 1) overlapped by a motor (item 58; fig. 1), and a machine body (item 56; fig. 1) having wheels (items 68, 78; fig. 1) and rotatable supporting the blade (machine body (pp. [0048]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the cutting machine, as disclosed in Okouchi, to include a machine body with wheels, as taught in Johnson, in order to help reduce vibration and/or cyclical forces experienced by the operator of the machine (pp. [0007] in Johnson) and to assist in moving the blade along the concrete and raising the blade from the concrete without the operator needing to bend over (pp. [0039-0040] in Johnson).
Regarding claim 2, Okouchi as modified discloses the cutting machine as claimed in claim 1, wherein the electric motor is arranged between the battery and the blade (in width direction, i.e. in view of fig. 14 above, motor which is disposed in motor housing 31B is between battery 10 and blade 21B).
Regarding claim 3, Okouchi as modified discloses the cutting machine as claimed in claim 1, wherein the battery is configured to be attachable to and detachable from the machine body (battery 10 is attachable to the machine body in a direction along shaded arrowed lines in fig. 13 and detachable from machine body when needed to be recharged).
Regarding claim 4, Okouchi as modified discloses the cutting machine as claimed in claim 1.
Though Okouchi discloses the battery is attachable and detachable from the body (attachable via shaded arrows in view of fig 10 and detachable when needed to be recharged), the embodiment of figs. 13-15 in Okouchi is silent on the holding mechanism of the battery.
However, the embodiment of figs. 37-40 in Okouchi discloses a battery holder (item 60; fig. 37) that has a connection terminal (item 61; pp. [0021]; fig. 37) connected to a terminal of the battery (pp. [0021]; fig. 37) and attachably and detachably holds the battery (pp. [0021] and [0045]; attachable and detachable along arrows in fig. 37).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configure the battery mounting section, as disclosed in embodiment of figs. 13-15 in Okouchi, to include a holder and connection terminal, as taught in embodiment of figs. 37-40 of Okouchi, in order for the battery to function as intended.
Regarding claim 5, Okouchi as modified discloses the cutting machine as claimed in claim 3, wherein the battery is arranged such that an upper end of the battery (designated in second annotated fig. 13 below) is positioned above an upper end of the blade (designated in second annotated fig. 13 below) in the up-and-down direction of the cutting machine (battery 10 is disposed higher than blade 21B in up-and-down direction, i.e. defined along horizontal dashed-line in second annotated fig. 13 below).
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Second Annotated Fig. 13.
Regarding claim 6, Okouchi as modified discloses the cutting machine as claimed in claim 1, wherein the battery is arranged such that the battery and the blade at least partially overlap each other in a side view of the cutting machine (in view of fig. 13, i.e. side view, the battery 10 and blade 21B partially overlap, designated by gray highlighted region in second annotated fig. 13 above).
Regarding claim 7, Okouchi as modified discloses the cutting machine as claimed in claim 6, wherein the battery is arranged such that a front end of the battery (designated in second annotated fig. 13 above) is positioned behind a front end of the blade (designated in second annotated fig. 13 above) in a side view of the cutting machine (defined as view of fig. 13; front end of battery 10 is rearward of the front end of the blade 21B).
Regarding claim 9, Okouchi as modified discloses the cutting machine as claimed in claim 1, wherein the battery comprises a plurality of batteries (two batteries 10; figs. 13-15) provided in the cutting machine, and the plurality of batteries are arranged side by side in the front-and-rear direction of the cutting machine (fig. 13; batteries 10 are directly next to one another along front-and-rear direction).
Regarding claim 11, Okouchi as modified discloses the cutting machine as claimed in claim 1, wherein the width direction is a direction parallel to the second rotary shaft of the blade (first annotated fig. 14 above).
Regarding claim 12, Okouchi as modified discloses the cutting machine as claimed in claim 12, wherein the cutting machine is a hand push type work machine (Johnson; via wheels 68, 78 of machine body) having a handle (Johnson, item 86; pp. [0043]; fig. 1) gripped by an operator (Johnson; pp. [0043-0045]).
Regarding claim 13, Okouchi as modified discloses the cutting machine as claimed in claim 1, wherein the first rotary shaft of the electric motor is positioned above the second rotary shaft of the blade in the up-and-down direction of the cutting machine (Richards; designated in annotated fig. 2 above; second rotary shaft of blade 4, corresponding to blade shaft in Okouchi, is lower than first rotary shaft of motor 3).
Regarding claim 14, Okouchi as modified discloses the cutting machine as claimed in claim 1, wherein all of the wheels are supported on a rear portion of the machine body (Johnson; designated in annotated fig. 2 below) such that a front end of each wheels (Johnson; designated in annotated fig. 2 below) is positioned rearward of a rear end of the blade (designated in annotated fig. 2 of Johnson below; corresponding to a rear end of blade in Okouchi) in the front-and-rear direction of the cutting machine (defined in annotated fig. 2 of Johnson below).
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Johnson Annotated Fig. 2.
Regarding claim 15, Okouchi as modified discloses the cutting machine as claimed in claim 1, wherein the first rotary shat and the second rotary shaft are connected with each other by a belt (Richards; items 57 and 58; figs. 1-2) as the power transmission mechanism.
Regarding claim 17, Okouchi as modified discloses the cutting machine as claimed in claim 1, wherein the blade, the electric motor and the battery are arranged along the width direction of the cutting machine (fig. 14 above) such that the electric motor is positioned between an inner end of the blade and an inner end of the battery in the width direction (second annotated fig. 14 below; inner end of blade 21B and inner end of battery 10 both face motor housing 31B and therefore, electric motor is positioned between both inner ends).
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Second Annotated Fig. 14.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Okouchi (WO2014119128), as provided by the Examiner, in view of Richards et al. (US Patent No. 2,671,476), Johnson (US 2007/0164598), and further in view of Kume (US 2021/0299767).
Regarding claim 8, Okouchi as modified discloses the cutting machine as claimed in claim 1. Though Okouchi appears to disclose wherein the battery is arranged such that a length of the battery in the width direction is shorter than a length of the battery in the front-and-rear direction of the cutting machine, Okouchi is silent on the width and length of the battery.
However, Kume (US 2021/0299767) teaches a cutting machine (item 1; fig. 1) with an electric motor (item 20; pp. [0053]), a blade (item 25; fig. 2), and a battery (item 31; figs. 1 and 13) that stores power to be supplied to electric motor (abstract), wherein each battery is arranged such that a length in a width direction (defined as dimension D; pp. [0084]; fig. 13) is shorter than a length of the battery in the front-and-rear direction (defined as dimension L; pp. pp. [0084]; fig. 13).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configure the batteries, as disclosed in Okouchi, to defined a length in the width direction (i.e. width) to be shorter than a length in the front-and-rear direction, as taught in Kume, in order for the batteries to function as intended.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Okouchi (WO2014119128), as provided by the Examiner, in view of Richards et al. (US Patent No. 2,671,476), Johnson (US 2007/0164598), and further in view of Imayoshi (US 2024/0359244).
Regarding claim 16, Okouchi as modified discloses the cutting machine as claimed in claim 1, but does not explicitly disclose the details of the electric motor, such as wherein the electric motor includes a stator and a rotor, and is configured to rotate by energizing a coil provided on one of the stator and the rotor; and the first rotary shaft is the rotor of the motor.
However, Imayoshi (US 2024/0359244) teaches an analogous cutting machine comprising a blade (item 14; figs. 1-2 and 4) with a second rotary shaft (item 73; fig. 8) , an electric motor (item 60; figs. 1 and 8) having a first rotary shaft (item 62; fig. 8) offset from the second rotary shaft, and a battery (within item 35; pp. [0048]; fig. 4) that supplies power to the motor (pp. [0038]), and wherein the motor includes a stator (item 64; pp. [0066]; fig. 8) and a rotor (includes items 62, 63; pp. [0064-0066]; fig. 8), and is configured to rotate the rotor by energizing a coil (pp. [0066]; fig. 8) provided on the stator (pp. [0066]), and the first rotary shaft is the rotor of the motor (first rotary shaft 62 and rotor 63 integrally rotate; pp. [0066]; fig. 8).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configure the electric motor, as disclosed by Okouchi in view of Richards, to include a stator, rotor, and coil, as taught in Imayoshi, in order for the device to function as intended and rotate the blade about the second rotary shaft when motor is activated via power from battery.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Upon further consideration and as necessitated by the amendments, a new grounds of rejection is made in view of Okouchi (WO2014119128), Richards et al. (US Patent No. 2,671,476), and Johnson (US 2007/0164598).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
McDonald (US 2003/0070306) teaches a portable cutting machine comprising a blade, a machine body with wheels and rotatably supporting the blade, a motor, and a handle to push the cutting machine along the surface.
Yelton (US Patent No. 5,381,780) discloses a cutting machine comprising a blade and a motor partially overlapping the blade in a front-and-rear direction and an up-and-down direction.
Irvine (US Patent No. 10,850,428) discloses a cutting machine comprising a blade, a machine body with wheels rearward of the blade, and a motor partially overlapping the blade in a front-and-rear direction and an up-and-down direction.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SIDNEY D FULL whose telephone number is (571)272-6996. The examiner can normally be reached Monday-Friday, 7:00a.m.-2:30p.m..
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Keller can be reached at (571)272-8548. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SIDNEY D FULL/Examiner, Art Unit 3723
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