DETAILED ACTION
Response to Amendment
The Amendment filed 3/04/2026 has been entered. Claims 1, 7-9, 11-13 and 15-18 remain pending in the application. Claims 2-6, 10 and 14 were cancelled.
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, 11-13 and 15-18 are rejected under 35 U.S.C. 103 as being unpatentable over Larva (US 3414027) in view of Motoki (US 20110320038 A1), Cudoc (US 20130284317 A1), Mori (US 20200391389 A1) and Brooks (US 20140290456 A1).
Regarding claim 1, Larva (US 3414027) teaches a lumber board cutting apparatus comprising:
a housing (10) including a base (15);
an infeed drive (45);
an outfeed drive (32);
a lumber board cutter (70);
the lumber board cutter including a saw blade (84) moveable to a position between the infeed drive and the outfeed drive (see Figure 4), the lumber board cutter having an infeed side (left side in Figure 3) and an outfeed side (right side in Figure 3); and
a lumber board gripper (assembly of 20) including:
a mounting bracket (top surface of 15 connected to 250) positioned above the base of the housing and below the outfeed drive (examiner notes the current claim does not require “a mounting bracket” to be above and below the different parts in the same orientation, the mounting bracket is at least above the base in the vertical direction in Figure 9 and the mounting bracket is at least below the outfeed drive in the direction left to right in Figure 2),
a gripper arm (35) connected to a moveable gripper arm support (250), the gripper arm pivotally connected to the movable gripper arm support (see Figure 1),
a lumber board clamper (claw at the end of 35) connected to the gripper arm and movable toward and away from the lumber board mover (see Figure 1).
Larva fails to teach an infeed side wall connected to and extending upwardly from the base, an outfeed side wall connected to and extending upwardly from the base, a rear wall connected to and extending upwardly from the base, and a top wall connected to and extending above the infeed side wall, the outfeed side wall, and the rear wall; an infeed drive extending through the infeed side wall; an outfeed drive extending through the outfeed side wall; a lumber board cutter positioned between the infeed side wall and the outfeed side wall, a lumber board gripper positioned in the housing between the outfeed side of the lumber board cutter and the outfeed side wall, the lumber board gripper,
a linear slide connected to the mounting bracket below the outfeed drive and (a) away from the outfeed side wall and toward the lumber board cutter, and (b) toward the outfeed side wall and away from the lumber board cutter, a movable gripper arm support connected to the linear slide below the outfeed drive and moveable with the linear slide,
a gripper arm connected to the moveable gripper arm support such that the gripper arm is movable with the linear slide toward and away from the lumber board cutter, a lumber board mover connected to the gripper arm, including a drive roller connected to and rotatably and supported by the gripper arm and a drive roller actuator connected to and supported by the gripper arm, the drive roller actuator coupled to the drive roller to cause the drive roller to rotate,
the lumber board mover moveable from a position lower than the outfeed drive to a position at a same level as the outfeed drive, the lumber board clamper moveable from a position lower than the outfeed drive to a position higher than the outfeed drive.
Motoki teaches a workpiece transport system including a linear slide (28) connected to the floor (see Figure 2) and slidable toward and away from the final location (Pc, see Figure 11), a movable gripper arm support (housing for 48, see Figure 2) connected to the linear slide (see Figure 2), a gripper arm (26) connected to the moveable gripper arm support such that the gripper arm is movable with the linear slide toward and away from the final location (see Figure 11).
It would have been obvious to one of ordinary skill in the art to modify the device of Larva to add a slider system for the gripper arm, as taught by Motoki, in order to increase the moving range of the gripper arm (paragraph 0040 of Motoki). The resulting device of modified Larva teaches a linear slide (as modified by Motoki, linear slide added between 250 and 15 of Larva, see Figure 1 of Larva) connected to the mounting bracket and slidable toward and away from the lumber board cutter (as modified by Motoki, see Figure 11 of Motoki as an example), a movable gripper arm support connected to the linear slide (as modified by Motoki, linear slide added between 250 and 15 of Larva, see Figure 1 of Larva), a gripper arm connected to the moveable gripper arm support such that the gripper arm is movable with the linear slide toward and away from the lumber board cutter (as modified by Motoki, see Figure 11 of Motoki as an example).
Cudoc (US 20130284317 A1) teaches a lumber board gripper (assembly of 6 and arm on 4, see Figure 1) including: a gripper arm (arm on 4), and a lumber board mover connected to the gripper arm (22 and 23, see Figure 2), including a drive roller (23) connected to and rotatably and supported by the gripper arm and a drive roller actuator connected to and supported by the gripper arm, the drive roller actuator (28) coupled to the drive roller to cause the drive roller to rotate paragraph 0016), a lumber board clamper (12, 14) connected to the gripper arm and movable toward and away from the lumber board mover (see Figure 2).
It would have been obvious to one of ordinary skill in the art to modify the device of Larva to add the lumber board mover arrangement, as taught by Cudoc, in order to better process the tree into the desired criteria (paragraph 0016 and 0026-0027 of Cudoc).
Mori (US 20200391389 A1) teaches a housing (see Figure 3) for a cutting system on a vehicle trailer (see Figures 3-4).
It would have been obvious to one of ordinary skill in the art to modify the device of modified Larva to added the housing on the trailer, as taught by Mori. As one of ordinary skill in the art understand that a housing offer better protection to the cutting system.
Brooks (US 20140290456 A1) teaches a housing for a cutting system with openings (21 and 20) for infeed/outfeed in the housing walls (see Figure 9).
It would have been obvious to one of ordinary skill in the art to modify the device of modified Larva to added the openings for the infeed/outfeed. As one of ordinary skill in the art understand that infeed/outfeed openings in a housing offer better accessibility to the cutting system. The resulting device of modified Larva teaches an infeed side wall connected to and extending upwardly from the base, an outfeed side wall connected to and extending upwardly from the base, a rear wall connected to and extending upwardly from the base, and a top wall connected to and extending above the infeed side wall, the outfeed side wall, and the rear wall (as modified by Mori, see Figures 3-4 of Mori); an infeed drive extending through the infeed side wall; an outfeed drive extending through the outfeed side wall (as modified by Brooks, see Figure 9 of Brooks); a lumber board cutter positioned between the infeed side wall and the outfeed side wall (as modified by Mori, with the housing added to the border of 15 of Larva, and the cutter is within the area of 15, the limitation is met), a lumber board gripper positioned in the housing between the outfeed side of the lumber board cutter and the outfeed side wall, the lumber board gripper (as modified by Mori, with the housing added to the border of 15 of Larva, and the lumber board gripper is within the area of 15, the limitation is met), a linear slide connected to the mounting bracket below the outfeed drive and (a) away from the outfeed side wall and toward the lumber board cutter, and (b) toward the outfeed side wall and away from the lumber board cutter (as added by Motoki, linear slide added), a movable gripper arm support connected to the linear slide below the outfeed drive and moveable with the linear slide (a portion of the movable gripper arm is at least below a portion of the outfeed drive in the direction left to right in Figure 2), a gripper arm connected to the moveable gripper arm support such that the gripper arm is movable with the linear slide toward and away from the lumber board cutter, a lumber board mover connected to the gripper arm (as added by Motoki, linear slide added), including a drive roller connected to and rotatably and supported by the gripper arm and a drive roller actuator connected to and supported by the gripper arm, the drive roller actuator coupled to the drive roller to cause the drive roller to rotate (as modified and added by Cudoc), the lumber board mover moveable from a position lower than the outfeed drive to a position at a same level as the outfeed drive (examiner notes the current claim does not require “a lumber board mover” to be below and at same level of the different parts in the same orientation, the lumber mover is at least below the outfeed drive in the direction left to right in Figure 2 and the lumber mover is at least at the same level as the outfeed drive near the cutter at the same level in the left to right direction in Figure 1), the lumber board clamper moveable from a position lower than the outfeed drive to a position higher than the outfeed drive (examiner notes the current claim does not require “a lumber board clamper” to be above below of the different parts in the same orientation, the lumber board clamper is at least below the outfeed drive in the direction left to right in Figure 2 and the lumber board clamper is at least at the above the outfeed drive of 32 in Figure 1).
Regarding claim 7, modified Larva further teaches the gripper arm is movable toward and away from the outfeed drive, wherein the gripper arm is pivotally moveable relative to the outfeed drive (moving via 35 of Larva, see Figure 1 of Larva), and wherein the gripper is configured to selectively engage and grip a section of a lumber board before the lumber board is cut, hold a cut length of the lumber board after the cut length of lumber board is cut (see Figure 1 of Larva), move the cut length of lumber board to the outfeed drive, and release the cut length of lumber board onto the outfeed drive (see Figure 1 of Larva).
Regarding claim 8, modified Larva further teaches the lumber board clamper includes a mounting base connected to the gripper arm (end of 35 above 246 of Larva, see Figure 1 of Larva), a clamping arm (the end of 35) movably coupled to and supported by the mounting base (connected via 250), and a clamping arm actuator (246 of Larva) supported by the mounting base and coupled to the clamping arm (see Figure 1 of Larva).
Regarding claim 9, modified Larva further teaches the clamping arm includes a transversely extending clamping hand (finger on the claw at the end of 35, see Figure 1 of Larva) and clamping hand supports connected to and supporting the clamping hand (see Figure 1 of Larva).
Regarding claim 11, Larva (US 3414027) teaches a lumber board cutting apparatus comprising:
a housing (10) including a base (15);
an infeed drive (45);
an outfeed drive (32);
a lumber board cutter (70);
the lumber board cutter including a saw blade (84) moveable to a position between the infeed drive and the outfeed drive (see Figure 4), the lumber board cutter having an infeed side (left side in Figure 3) and an outfeed side (right side in Figure 3); and
a lumber board gripper (assembly of 20) including:
a mounting bracket (top surface of 15 connected to 250) positioned above the base of the housing and below the outfeed drive (examiner notes the current claim does not require “a mounting bracket” to be above and below the different parts in the same orientation, the mounting bracket is at least above the base in the vertical direction in Figure 9 and the mounting bracket is at least below the outfeed drive in the direction left to right in Figure 2),
a gripper arm (35) connected to a moveable gripper arm support (250), the gripper arm pivotally connected to the movable gripper arm support (see Figure 1),
a lumber board clamper (claw at the end of 35) connected to the gripper arm and movable toward and away from the lumber board mover (see Figure 1).
Larva fails to teach an infeed side wall connected to and extending upwardly from the base, an outfeed side wall connected to and extending upwardly from the base, a rear wall connected to and extending upwardly from the base, and a top wall connected to and extending above the infeed side wall, the outfeed side wall, and the rear wall; an infeed drive extending through the infeed side wall; an outfeed drive extending through the outfeed side wall; a lumber board cutter positioned between the infeed side wall and the outfeed side wall, a lumber board gripper positioned in the housing between the outfeed side of the lumber board cutter and the outfeed side wall, the lumber board gripper,
a linear slide connected to the mounting bracket below the outfeed drive and (a) away from the outfeed side wall and toward the lumber board cutter, and (b) toward the outfeed side wall and away from the lumber board cutter, a movable gripper arm support connected to the linear slide below the outfeed drive and moveable with the linear slide,
a gripper arm connected to the moveable gripper arm support such that the gripper arm is movable with the linear slide toward and away from the lumber board cutter, a lumber board mover connected to the gripper arm, including a drive roller connected to and rotatably and supported by the gripper arm and a drive roller actuator connected to and supported by the gripper arm, the drive roller actuator coupled to the drive roller to cause the drive roller to rotate,
the lumber board mover moveable from a position lower than the outfeed drive to a position at a same level as the outfeed drive, the lumber board clamper moveable from a position lower than the outfeed drive to a position higher than the outfeed drive.
Motoki teaches a workpiece transport system including a linear slide (28) connected to the floor (see Figure 2) and slidable toward and away from the final location (Pc, see Figure 11), a movable gripper arm support (housing for 48, see Figure 2) connected to the linear slide (see Figure 2), a gripper arm (26) connected to the moveable gripper arm support such that the gripper arm is movable with the linear slide toward and away from the final location (see Figure 11).
It would have been obvious to one of ordinary skill in the art to modify the device of Larva to add a slider system for the gripper arm, as taught by Motoki, in order to increase the moving range of the gripper arm (paragraph 0040 of Motoki). The resulting device of modified Larva teaches a linear slide (as modified by Motoki, linear slide added between 250 and 15 of Larva, see Figure 1 of Larva) connected to the mounting bracket and slidable toward and away from the lumber board cutter (as modified by Motoki, see Figure 11 of Motoki as an example), a movable gripper arm support connected to the linear slide (as modified by Motoki, linear slide added between 250 and 15 of Larva, see Figure 1 of Larva), a gripper arm connected to the moveable gripper arm support such that the gripper arm is movable with the linear slide toward and away from the lumber board cutter (as modified by Motoki, see Figure 11 of Motoki as an example).
Cudoc (US 20130284317 A1) teaches a lumber board gripper (assembly of 6 and arm on 4, see Figure 1) including: a gripper arm (arm on 4), and a lumber board mover connected to the gripper arm (22 and 23, see Figure 2), including a drive roller (23) connected to and rotatably and supported by the gripper arm and a drive roller actuator connected to and supported by the gripper arm, the drive roller actuator (28) coupled to the drive roller to cause the drive roller to rotate paragraph 0016), a lumber board clamper (12, 14) connected to the gripper arm and movable toward and away from the lumber board mover (see Figure 2).
It would have been obvious to one of ordinary skill in the art to modify the device of Larva to add the lumber board mover arrangement, as taught by Cudoc, in order to better process the tree into the desired criteria (paragraph 0016 and 0026-0027 of Cudoc).
Mori (US 20200391389 A1) teaches a housing (see Figure 3) for a cutting system on a vehicle trailer (see Figures 3-4).
It would have been obvious to one of ordinary skill in the art to modify the device of modified Larva to added the housing on the trailer, as taught by Mori. As one of ordinary skill in the art understand that a housing offer better protection to the cutting system.
Brooks (US 20140290456 A1) teaches a housing for a cutting system with openings (21 and 20) for infeed/outfeed in the housing walls (see Figure 9).
It would have been obvious to one of ordinary skill in the art to modify the device of modified Larva to added the openings for the infeed/outfeed. As one of ordinary skill in the art understand that infeed/outfeed openings in a housing offer better accessibility to the cutting system. The resulting device of modified Larva teaches an infeed side wall connected to and extending upwardly from the base, an outfeed side wall connected to and extending upwardly from the base, a rear wall connected to and extending upwardly from the base, and a top wall connected to and extending above the infeed side wall, the outfeed side wall, and the rear wall (as modified by Mori, see Figures 3-4 of Mori); an infeed drive extending through the infeed side wall; an outfeed drive extending through the outfeed side wall (as modified by Brooks, see Figure 9 of Brooks); a lumber board cutter positioned between the infeed side wall and the outfeed side wall (as modified by Mori, with the housing added to the border of 15 of Larva, and the cutter is within the area of 15, the limitation is met), a lumber board gripper positioned in the housing between the outfeed side of the lumber board cutter and the outfeed side wall, the lumber board gripper (as modified by Mori, with the housing added to the border of 15 of Larva, and the lumber board gripper is within the area of 15, the limitation is met), a linear slide connected to the mounting bracket below the outfeed drive and (a) away from the outfeed side wall and toward the lumber board cutter, and (b) toward the outfeed side wall and away from the lumber board cutter (as added by Motoki, linear slide added), a movable gripper arm support connected to the linear slide below the outfeed drive and moveable with the linear slide (a portion of the movable gripper arm is at least below a portion of the outfeed drive in the direction left to right in Figure 2), a gripper arm connected to the moveable gripper arm support such that the gripper arm is movable with the linear slide toward and away from the lumber board cutter, a lumber board mover connected to the gripper arm (as added by Motoki, linear slide added), including a drive roller connected to and rotatably and supported by the gripper arm and a drive roller actuator connected to and supported by the gripper arm, the drive roller actuator coupled to the drive roller to cause the drive roller to rotate (as modified and added by Cudoc), the lumber board mover moveable from a position lower than the outfeed drive to a position at a same level as the outfeed drive (examiner notes the current claim does not require “a lumber board mover” to be below and at same level of the different parts in the same orientation, the lumber mover is at least below the outfeed drive in the direction left to right in Figure 2 and the lumber mover is at least at the same level as the outfeed drive near the cutter at the same level in the left to right direction in Figure 1), the lumber board clamper moveable from a position lower than the outfeed drive to a position higher than the outfeed drive (examiner notes the current claim does not require “a lumber board clamper” to be above below of the different parts in the same orientation, the lumber board clamper is at least below the outfeed drive in the direction left to right in Figure 2 and the lumber board clamper is at least at the above the outfeed drive of 32 in Figure 1).
Regarding claim 12, modified Larva further teaches the gripper is configured to selectively engage and grip a section of a lumber board before the lumber board is cut, hold a cut length of the lumber board after the cut length of lumber board is cut, move the cut length of lumber board to the outfeed drive, and release the cut length of lumber board onto the outfeed drive (pick which tree to grab, see Figure 1 of Larva).
Regarding claim 13, modified Larva further teaches the clamping arm includes a transversely extending clamping hand and clamping hand supports connected to and supporting the clamping hand (see Figure 1 of Larva).
Regarding claim 15, modified Larva further teaches the gripper arm is pivotable about a first axis of rotation from a non-gripping position to a gripping position (see Figure 1 of Larva).
Regarding claim 16, modified Larva further teaches when the gripper arm is in the non-gripping position, the gripper arm is positioned to not grip any lumber boards fed though the housing, and when in the gripper arm is in the gripping position, the gripper arm is positioned such that the gripper arm can grip each lumber board fed through the housing (see Figure 1 of Larva).
Regarding claim 17, modified Larva further teaches the gripper arm is movable along the first axis of rotation: (a) in a first direction toward the lumber board cutter to a series of partially extended positions and to a fully extended position; and (b) in a second direction away from the lumber board cutter to a fully retracted position (see Figure 1 of Larva).
Regarding claim 18, modified Larva further teaches the gripper arm is movable along a first axis: (a) in a first direction toward the lumber board cutter to a series of partially extended positions and to a fully extended position; and (b) in a second direction away from the lumber board cutter to a fully retracted position (see Figure 1 of Larva).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1, 7-9, 11-13 and 15-18 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.
In response to applicant's argument that the examiner's conclusion of obviousness is based upon improper hindsight reasoning, it must be recognized that any judgment on obviousness is in a sense necessarily a reconstruction based upon hindsight reasoning. But so long as it takes into account only knowledge which was within the level of ordinary skill at the time the claimed invention was made, and does not include knowledge gleaned only from the applicant's disclosure, such a reconstruction is proper. See In re McLaughlin, 443 F.2d 1392, 170 USPQ 209 (CCPA 1971). In this case the base of Larva is 15 which is like a floor in a build, and element 250 is mounted on top of top surface of 15, which is similar to a robot system mounted on a floor, while Motoki teaches a linear slide on floor for a robot arm mover to increase the moving range, therefore it would add a slider system for the gripper arm (i.e. robot arm), as taught by Motoki, in order to increase the moving range of the gripper arm (paragraph 0040 of Motoki). The
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 LIANG DONG whose telephone number is (571)270-0479. The examiner can normally be reached Monday - Thursday 8 AM-6 PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ashley Boyer can be reached on 571-272-4502. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/LIANG DONG/Examiner, Art Unit 3724 3/16/2026