DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1, 3, 4, 6, 7, 11 and 12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Leberfinger (US 2006/0090620).
Regarding claim 1, Leberfinger discloses a workpiece switching jig (clamping components 34/35) attachable to and detachable from a cutting machine (generally saw 23) and configured to hold a workpiece (11) to be cut by the cutting machine, the workpiece switching jig comprising:
a jig main body (39/21) configured to hold the workpiece (secured workpiece 11 is cut “End portions of the roller chains 32, 33 are interposed through their respective slots 30, 31 in the V-trough 21. The swivel handle 34, 35 connected to each roller chain 32, 33 is turned so that the chains are tightly secured around the pipe 11 to prevent sideways, upward, rotational or other movement of the pipe while operations are being performed thereon. As the operator lowers the power tool 23 in the direction of the rigidly secured pipe 11, a complete cross-sectional cut is made. The cut pipe 11 drops directly into the catch tray 26 for easy retrieval by the operator.” [0025]);
a cut-off portion basket (26) configured to receive a cut-off portion cut off from the workpiece by the cutting machine (26 receives cut portion as disclosed above [0025]); and
an arm (25) configured to support the cut-off portion basket with respect to the jig main body (“support channel 25 to facilitate slidable movement of the catch tray 26” [0019]).
Regarding claim 3, Leberfinger discloses the workpiece switching jig according to claim 1, Leberfigner further discloses wherein a relative position of the cut-off portion basket with respect to the jig main body is adjustable (basket 26 is extended to adjust position directly beneath workpiece being cut “a support channel 25 that permits an elongated tray 26 to slide outward relative to the horizontal member 13, so as to assume an extended position along the axis "Z". When in the extended position, the catch tray 26 projects outward from the horizontal member 13 so as to be located immediately beneath at least a portion of the workpiece while operations are performed thereon.” [0019]).
Regarding claim 4, Leberfinger discloses the workpiece switching jig according to claim 3, Leberfinger further discloses wherein the arm has a structure to extend and contract in a direction in which the cut-off portion basket approaches/moves away from the jig main body (basket 26 is extended away from body to adjust position directly beneath workpiece being cut “a support channel 25 that permits an elongated tray 26 to slide outward relative to the horizontal member 13, so as to assume an extended position along the axis "Z". When in the extended position, the catch tray 26 projects outward from the horizontal member 13 so as to be located immediately beneath at least a portion of the workpiece while operations are performed thereon.” [0019]).
Regarding claim 6, Leberfinger discloses the workpiece switching jig according to claim 3, Leberfinger further discloses wherein the jig main body includes a plurality of attachment structures for attaching the arm (mounting of arm “Mounted lengthwise atop the horizontal member 13, and generally coincident with the width thereof, is a support channel 25 that permits an elongated tray 26 to slide outward relative to the horizontal member 13” [0019]), and the arm is attached to an attachment structure (means of mounting disclosed above [0019]) selected from the attachment structures in order to adjust the relative position of the cut-off portion basket with respect to the jig main body (position adjustability and mounting -“When in the extended position, the catch tray 26 projects outward from the horizontal member 13 so as to be located immediately beneath at least a portion of the workpiece while operations are performed thereon. In this way, the tray 26 captures sections of the workpiece as they are severed by an operator and prevents the severed portions from falling to the floor or ground 20. A lower surface of the catch tray 26 is engaged with raised surfaces (e.g. tracks) 27 of the support channel 25 to facilitate slidable movement of the catch tray 26 relative to the horizontal member. Small pins or other securing means 28 protrude from the lower surface of the catch tray 26 for retaining the catch tray in the desired position. The catch tray 26 can be slid outward at either end of the horizontal member to support left handed and/or right handed usage of the portable pipe cutting apparatus 10 by an operator.” [0019]).
Regarding claim 7, Leberfinger discloses the workpiece switching jig according to claim 3, Leberfinger further discloses wherein a spacer member is interposed between the jig main body and the arm (basket is structurally spaced away from blade height “According to the invention, a saw cutting blade 36 is able to travel about 1/4'' below the level of the V-trough 21, allowing the cutting blade 36 to make a complete cut through the cross section of any material held within the trough 21. The cutting blade 36 does not engage the catch tray 26, which is located approximately 11/2'' below the V-trough 21.” [0026]).
Regarding claim 11, Leberfinger discloses the workpiece switching jig according to claim 1, Leberfinger further discloses wherein the cut-off portion basket has an inner surface shape that is consistent with a cross-sectional shape of the workpiece (see square shape of basket 26 figure 2, square workpiece anticipated “The portable pipe cutting apparatus 10 of the present invention is specially designed for retaining round, square and other non-flat stock in a secure fashion.” [0028]).
Regarding claim 12, Leberfinger discloses (Fig-2) the workpiece switching jig according to claim 1, Leberfinger discloses wherein the cut-off portion basket includes a bottom plate (bottom of 26) and a side plate (sides of 26) to demarcate a space (where workpiece cut is caught “The cut pipe 11 drops directly into the catch tray 26 for easy retrieval by the operator.” [0025]) for receiving the cut-off portion, and a height of the side plate is smaller than a thickness of the cut-off portion (workpiece being cut is not limited dimensionally “The portable pipe cutting apparatus 10 of the present invention is specially designed for retaining round, square and other non-flat stock in a secure fashion.” [0028] and an amount of height of side plate is provided, see figure 2).
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 2, 5 are rejected under 35 U.S.C. 103 as being unpatentable over Leberfinger in view of Iseli (US 2019/0195626).
Regarding claim 2, Leberfinger discloses the workpiece switching jig according to claim 1, Leberfinger is silent regarding wherein the arm is bent or curved to position the cut-off portion basket with respect to the jig main body with a gap therebetween.
However it would be obvious to further the adjustability of Leberfingers extendable positioning basket 26 because adjustability, where needed, is not a patentable advance (see MPEP 2144.04 V. D. Making Adjustable.). Iseli (Fig-1b) teaches enhancing adjustability in material processing via additional axis through an arm (10x,10y,10z) system that is bent or curved (between axis x y z) for position a tool (2) with respect to main body (5).
The advantage of wherein the arm is bent or curved to position the cut-off portion basket with respect to the jig main body with a gap therebetween, is to enhance adjustability degree of a tool position relative to main body/work being done “wherein the arm is bent or curved to position the cut-off portion basket with respect to the jig main body with a gap therebetween” [0098].
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art, having the teachings of Leberfinger and Iseli before him or her, to modify the single axis extending position catch basket of Leberfinger to include the multiple axis tool positioning of Iseli, because providing additional axis to tool positioning enhances the degree of adjustability.
Regarding claim 5, Leberfinger discloses the workpiece switching jig according to claim 3, Leberfinger is silent regarding wherein the arm has a structure to extend and contract in a direction perpendicular to a direction in which the cut-off portion basket approaches/moves away from the jig main body.
However it would be obvious to further the adjustability of Leberfingers extendable positioning basket 26 because adjustability, where needed, is not a patentable advance (see MPEP 2144.04 V. D. Making Adjustable.). Iseli (Fig-1b) teaches enhancing adjustability in material processing via additional axis through an arm (10x,10y,10z) system that provides both X an Y axis positioning of a tool (2) with respect to main body (5).
The advantage of wherein the arm has a structure to extend and contract in a direction perpendicular to a direction in which the cut-off portion basket approaches/moves away from the jig main body, is to enhance adjustability degree of a tool position relative to main body/work being done “a support channel 25 that permits an elongated tray 26 to slide outward relative to the horizontal member 13, so as to assume an extended position along the axis "Z". When in the extended position, the catch tray 26 projects outward from the horizontal member 13 so as to be located immediately beneath at least a portion of the workpiece while operations are performed thereon.” [0019].
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art, having the teachings of Leberfinger and Iseli before him or her, to modify the single axis extending position catch basket of Leberfinger to include the multiple axis tool positioning of Iseli, because providing additional axis to tool positioning enhances the degree of adjustability.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Leberfinger in view of Bell (US 5,207,417).
Regarding claim 8, Leberfinger discloses the workpiece switching jig according to claim 1, Leberfinger is silent regarding wherein the cut-off portion basket includes an inclined plate for moving the cut-off portion cut off from the workpiece in a direction away from the jig main body.
However Bell teaches wherein the cut-off portion basket includes an inclined plate (27/22) for moving the cut-off portion cut off from the workpiece in a direction away from the jig main body (inclined plates/walls provide direction to falling workpieces orienting them within basket “Catch tray 20 catches and holds all copy sheets of all sizes entering the tray from a source without operator adjustments or assistance. This is accomplished by allowing copy sheets exiting a source to fall into the funnel shaped opening to the catch tray formed by portions of front and rear walls 27 and 22, respectively, that are angled away from vertical portions of both walls.” (column 2, lines 14-36)).
The advantage of wherein the cut-off portion basket includes an inclined plate for moving the cut-off portion cut off from the workpiece in a direction away from the jig main body, is to provide automated guiding of workpiece to desired location in collection basket “Catch tray 20 catches and holds all copy sheets of all sizes entering the tray from a source without operator adjustments or assistance. This is accomplished by allowing copy sheets exiting a source to fall into the funnel shaped opening to the catch tray formed by portions of front and rear walls 27 and 22, respectively, that are angled away from vertical portions of both walls.” (column 2, lines 14-36).
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art, having the teachings of Leberfinger and Bell before him or her, to modify the positioned catch basket of Leberfinger to include the inclined plate guiding system of Iseli, because inclined guiding plates provide controlled positioning of workpiece within collection system.
Claims 9 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Leberfinger in view of Flores (US 8,689,778).
Regarding claim 9, Leberfinger discloses the workpiece switching jig according to claim 1, Leberfinger further discloses wherein the cut-off portion basket includes a bottom plate (bottom of U channel 26, see figure 2) and a side plate to demarcate a space for receiving the cut-off portion (side walls of 26, see figure 2).
Leberfinger is silent regarding and, of the side place, a side plate portion close to the jig main body is lower than other side plate portions.
However Flores teaches (Fig-3) and, of the side place, a side plate portion close to the jig main body is lower than other side plate portions (where spacer 58 is of less height than 88 (see figure 3)).
The advantage of and, of the side place, a side plate portion close to the jig main body is lower than other side plate portions, is to help retaing cut material falling into basket “The backstop 88 extends upwardly from the outer part of the catch portion 86 and is used to retain masonry items upon the catch portion 86 by restricting the masonry items from rolling off of the catch portion 86.” (column 4, lines 22-35).
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art, having the teachings of Leberfinger and Flores before him or her, to modify the side walled catch basket of Leberfinger to include the low front/tall back walls of cut material catch of Flores, because a relatively high back wall helps retain cut material falling into basket.
Regarding claim 10, Leberfinger discloses the workpiece switching jig according to claim 1, Leberfinger discloses wherein the cut-off portion basket includes a bottom plate and a side plate to demarcate a space for receiving the cut-off portion,
Leberfinger is silent regarding and an opening is formed in the bottom plate.
However Flores teaches and an opening is formed in the bottom plate (catch basket 80 may be of only have amount of material (open space between 86) necessary to catch cut item “a catch tray 80 generally comprised of a wired grid that is removable upon the frame 20 and used to catch the cut masonry items 12.” (column 2, lines 37-45) see figure 1).
The advantage of and an opening is formed in the bottom plate, is to provide only amount of material necessary to catch cut workpiece “a catch tray 80 generally comprised of a wired grid that is removable upon the frame 20 and used to catch the cut masonry items 12.” (column 2, lines 37-45).
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art, having the teachings of Leberfinger and Flores before him or her, to modify the continuous walls catch basket of Leberfinger to include the discontinuous walls of catch basket of Flores, because providing gapped walls of less material still permits the catch/retention of cut material.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Spencer H Kirkwood whose telephone number is (469)295-9113. The examiner can normally be reached 12:00 am - 9:00 pm Eastern.
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/Spencer H. Kirkwood/ Examiner, Art Unit 3761
/STEVEN W CRABB/ Supervisory Patent Examiner, Art Unit 3761