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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 September 4, 2025 has been entered.
Drawings
Applicant’s claim amendments mitigate the prior drawing objections. The drawings previously received on December 9, 2022 are acceptable.
Claim Objections
Claim 2 is objected to because of the following informalities: Claim 2, line 3 should be corrected as follows, “such a manner that the auxiliary cover and [[a]] the rotational axis of the cutting blade overlap each” 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 1-5 and 7-12 are rejected under 35 U.S.C. 103 as being unpatentable over Inayoshi (JP2004-142105) in view of Kume et al (JP2020-128026), herein referred to as Kume, and Frolov (US Patent 8,522,658), in further view of Martin (US Publication 2010/0269353), Yoshida (US Patent 7,516,551), Hiroshima et al (US Publication 2017/0021466), herein referred to as Hiroshima, and Okouchi et al (US Publication 2018/0056543), herein referred to as Okouchi. Regarding claim 1, Inayoshi discloses a portable cutting apparatus (1) comprising: a base (2) having a bottom surface (annotated fig. 2) configured to be placed in abutment with a cutting target material (W; translation, page 2, line 29), the bottom surface being located on a first side with respect to the base in a direction perpendicular to the bottom surface (annotated fig. 2); a main body portion (30) including a motor (35) configured to provide a rotational driving force to a cutting blade (31; translation, page 2, lines 51-52), the main body portion being disposed on a second side (annotated fig. 2) with respect to the base (annotated fig. 2; see also fig. 1), the second side being opposite to the first side in the direction perpendicular to the bottom surface; and a cover (32) disposed on the second side with respect to the base (translation, page 2, lines 38-39) and configured to at least partially cover the cutting blade (translation, page 2, lines 36-37), wherein the main body portion (30) is configured to be displaceable relative to the base and the cover (translation, page 3, lines 7-11) between a first position (annotated fig. 2; translation, page 2, line 55 – page 3, line 1 and page 3, lines 8-9), at which the cutting blade is entirely contained in the cover (i.e., “[the cutting blade] will be in a state where it does not stick out,” translation, page 3, line 1; see also translation, page 3, lines 10-11), and a second position (annotated fig. 2), at which the cutting blade protrudes beyond the bottom surface (translation, page 3, lines 1-4), the cover includes a cover main body (32), and the main body portion (30) and the cover (32) are configured to be tiltable (translation, page 2, lines 38-43) about a first tilt axis (i.e., about rotational axis defined by tilting support shaft 33, 34).
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• Inayoshi fails to specifically disclose the first tilt axis of the main body portion and the cover main body is located on the first side with respect to the base. However, Inayoshi discloses sub-base (38) of cover (32) pivots about an arcuate path from a non-tilted position (depicted by solid lines in fig. 4) to various degrees of tilted cutting positions (depicted by dashed lines in figs. 4, 7 and 8), wherein the cover main body (32) and main body portion (which tilts with the cover) appears to pivot about a first tilt axis (annotated fig. 4). This suggests to one having an ordinary skill in the art that the geometry of the structures facilitating the extended range of tilting past 45° to 60° (translation, page 5, lines 14-17) is arranged such that the cutting blade (31), cover (32) and main body portion (30) pivot about an axis in any reasonable location, including a position as depicted in annotated fig. 4 of Inayoshi.
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Additionally, Kume teaches it is known in the art of portable cutting machines the first tilt axis (“lateral tilt support shaft C,” as per translation, para. 0023, or “horizontal tilt pivot C shown in fig. 5,” translation, para. 0054, line 5) of the main body portion (10) and the cover main body (15) is defined as a “virtual axis” located on a first side (i.e., the workpiece W abutting side, fig. 10) with respect to the base (translation, para. 0023, lines 3-7). Kume teaches base (2) slides along a track (60) positioned on a workpiece (W). As shown in fig. 5, first tilt axis (C) is located at the interface of the bottom surface of track (60) and workpiece (W). With this configuration, the location of first tilt axis (C) remains constant with respect to base (2) as the cutting plane of cutting blade (11) is tilted (see fig. 10), thereby allowing the operator to accurately cut along a desired cutting path regardless of the tilt angle. Moreover, Frolov teaches it is known in the art of adjustable covers for a cutting apparatus with a circular saw blades to be configured to allow for a change of exposure of a saw blade (6) relative to a first surface of a base (workpiece support surface of tabletop 2) and an adjustment of a tilting angle with respect to said “base” to provide a first pivot guide slot (annotated fig. 10) that allows for a first tilt axis of the main body portion and the cover main body (250) is located on the first side with respect to the base (annotated fig. 10). Frolov teaches the cover main body (250) and motor (40) for driving cutting blade (6) are disposed on a second side with respect to the base (i.e., the underside of tabletop 2).
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It would have been obvious to one having an ordinary skill in the art before the effective filing of the invention to modify the portable cutting apparatus of Inayoshi with the additional disclosure set forth therein, as well as the teaching of Kume and Frolov, such that the first tilt axis of the main body portion and the cover main body is located on the first side with respect to the base in order to facilitate an increased range of tilting motion for the cutting blade with respect to the base by maintaining a specific location of an intersection between the cutting blade and contact point with the workpiece throughout the range of motion, thereby maintaining predictable cutting location performance throughout the tilting range of motion. • The modified portable cutting apparatus of Inayoshi substantially disclosed above fails to disclose the cover includes the cover main body and an auxiliary cover disposed so as to function as a part of a portion of the cover that is located in proximity to the base, the auxiliary cover being movable relative to the cover main body, the auxiliary cover is configured to be at least partially tilted about a second tilt axis located on the second side with respect to the bottom surface [of the base] in conjunction with the tilt motion of the cover main body, wherein the auxiliary cover includes: a cover member configured to cover a side of the cutting blade; and a support member that extends from the cover member through a cutting plane of the blade in a direction in which a rotational axis of the cutting blade extends, and is configured to support the cover member in such a manner that the second tilt axis is movable in a direction parallel to the case and that the cover member is tiltable about the second tilt axis. However, the teaching of the following prior art references is pertinent to the aforementioned limitations: A. Martin teaches it is known in the art of portable cutting apparatus with a cover (blade guard 110) and an auxiliary cover (61) disposed so as to function as a part of a portion of the cover that is located in proximity to the base (see fig. 4A and para. 0080), the auxiliary cover being movable relative to the cover main body (para. 0080, lines 15-20), and the auxiliary cover (61) is configured to be at least partially tilted about a second tilt axis (para. 0080, lines 3-5 and lines 20-24) located on the second side with respect to [[a surface of the base (58) on the first side]] in conjunction with the tilt motion (e.g., fig. 26) of the cover main body (110). The teaching of Martin suggests auxiliary covers, such as those with features taught by Frolov, Yoshida, Hiroshima and Okouchi, are known to be usable in the art of portable cutting machines. B. Frolov teaches it is known in the art of adjustable covers for circular saw blades configured to allow for a change of exposure of a saw blade (6) past a workpiece engaging “base” (2) and an adjustment of a tilting angle with respect to said “base” to provide a cover (cover assembly 250 with blade case 260) with a cover main body (fig. 2; i.e., blade case 260 with side walls 172, 173, 174, 273) and an auxiliary cover (240). Frolov teaches auxiliary cover (240) is disposed to function as a part of a portion of the cover located in proximity to the “base” (figs. 7 and 10), and the auxiliary cover is configured to be at least partially tilted about a second tilt axis (pivot axis 241) located on the second side (annotated fig. 4; i.e., the opposite side from the first side which is configured to contact the workpiece) with respect to a surface of the base on the first side in conjunction with the tilt motion of the cover main body. C. Yoshida (US Patent 7,516,551) teaches it is known in the art of portable cutting device with a cover including the cover main body (i.e., saw cover 8) and an auxiliary cover (dust guard 21 and guide bars 13, 14) disposed so as to function as a part of a portion of the cover that is located in proximity to the base (figs. 7, 8, 12 and 13), the auxiliary cover being movable relative to the cover main body (col. 4, line 65 – col. 5, line 5; col. 7, lines 19-23; col. 7, lines 40-45 and col. 7, line 65 – col. 8, line 4), wherein the auxiliary cover includes: a cover member (21) configured to cover a side of the cutting blade (e.g., figs. 12 and 13); and a support member (13, 14) that extends from the cover member (21) through a cutting plane of the blade (4) in a direction in which a rotational axis of the cutting blade extends (i.e., in the left-right direction). Yoshida teaches cover member (21) can be adjusted in the left-right direction along support member (13, 14) to adjust the position of cover member (21) with respect to cover main body (8) and saw blade (4). Alternative, Yoshida teaches adjustment can be made with cover member (21) fixed to support member (13, 14) by sliding support member (13, 14) in the left-right direction relative to base (1) through respective insertion holes (15, 16) in the same way as when adjusting the position of ruler (12). D. Hiroshima (US Publication 2017/0021466) teaches it is known in the art of portable circular saws (e.g., plunge saws) to provide an auxiliary cover (60) configured to be attached to a lower portion of a cover main body (30) of the plunge saw (figs. 1 and 2). Hiroshima teaches auxiliary cover (60) includes a cover member (shield 61) configured to cover a side of the cutting blade (when cutting blade extends through base) and a support member (front attachment portion 62 and rear attachment portion 63). Hiroshima teaches at least front attachment portion (62) extends from cover member (61) through a cutting plane of the blade in a direction in which a rotational axis of the cutting blade extends (as shown in fig. 14, front attachment point 62 is positioned leftward from dust guide portion 64 which is positioned between cover member 61 and front attachment point 62 in the cutting plane within cover main body 30). When plunge saw (1) is positioned upon elongated ruler (J) so as to be guided along the surface of the workpiece, Notably, Hiroshima describes a gap is formed between the lower portion of blade cover (30) and the workpiece. Dustproof device (60) is configured to fill this gap to prevent dust from escaping the blade cover. In paragraph 0083, Hiroshima states, “although the above embodiment has been described in connection with the machining device 1 configured as a hand-held groove cutter as an example, the above teachings may be applied to any other machining devices having a rotary blade and a blade cover.” The above teachings including, e.g., dustproof device 60. Further, in paragraphs 0084-0086, Hiroshima specifically identifies plunge circular saws [para. 0083], ordinary circular saws [para. 0084] and “[t]able-type or stationary-type machining devices” [para. 0086] as suitable machining devices to which the aforementioned teachings are applicable. E. Okouchi (2018/0056543) teaches it is known in the art of portable circular saws to include a cover with a cover main body (outer dust box portion 28 and inner fixed cover 21) and an auxiliary cover (9, 14, 24) disposed so as to function as a portion of the cover located in proximity to the base (figs. 2 and 3; para. 0128), the auxiliary cover being movable relative to the cover main body (para. 0071 and para. 0083), the auxiliary cover is configured to be at least partially tilted about an axis (S) located on the upper side of the base (10) in conjunction with the tilt motion of the cover main body (fig. 9), wherein the auxiliary cover includes: a cover member (24) configured to cover a side of the cutting blade (e.g., with first side wall 24a and second side wall 24c connected by lateral front wall 24b); and a support member (angular guide 14) that extends from the cover member (24) configured to support the cover member (24). Okouchi teaches cover member (24) slides up and down relative to cover main body (via pins 19 received on slot 25; para. 0071) when laterally moving mechanism (27) slides along front-rear elongated guide hole (14f) in support member (14). It would have been obvious to one having an ordinary skill in the art before the effective filing of the invention to modify the portable cutting apparatus of Inayoshi substantially disclosed above with the teaching of Frolov, Martin, Yoshida, Hiroshima and Okouchi such that the cover includes the cover main body and an auxiliary cover disposed so as to function as a part of a portion of the cover that is located in proximity to the base, the auxiliary cover being movable relative to the cover main body, the auxiliary cover is configured to be at least partially tilted about a second tilt axis located on the second side with respect to the bottom surface [of the base] in conjunction with the tilt motion of the cover main body, wherein the auxiliary cover includes: a cover member configured to cover a side of the cutting blade; and a support member that extends from the cover member through a cutting plane of the blade in a direction in which a rotational axis of the cutting blade extends, and is configured to support the cover member in such a manner that the second tilt axis is movable in a direction parallel to the case and that the cover member is tiltable about the second tilt axis in order to provide an articulated protective guard for the cutting apparatus that is configured to adjust its position with respect to the cover main body and the base to prevent the user from being able to contact the cutting blade throughout the tilting range of motion since the part of the portion of the cover main body located in proximity to the base is spaced apart therefrom in the non-tilted position to allow for clearance between the cover main body and the base and/or workpiece throughout its entire range of motion (e.g., Inayoshi, fig. 4). Moreover, the aforementioned modification would have been obvious to one having an ordinary skill in the art before the effective filing of the invention because all claimed elements were known in the prior art and one skilled in the art could have combined the elements as claimed by known methods with no change in their respective function and the combination would have yielded predictable results. Regarding claim 2, the modified portable cutting apparatus of Inayoshi substantially disclosed above includes the auxiliary cover (Frolov 240) is configured to be interlocked with the tilt motion of the cover main body (via biasing force of spring 246 and shoulder screw or pin 232A extending through auxiliary cover 240 to limit leftward movement of auxiliary cover 246 away from cover main body 250, as taught by Frolov) in such a manner that the auxiliary cover (240) and a rotational axis of the cutting blade overlap each other when being viewed from a direction in which the rotational axis extends in a state that the main body portion is located at the second position (i.e., when cutting blade is exposed for cutting) and is not tilted with respect to the base (e.g., Frolov, annotated fig. 6), and that the auxiliary cover and the rotational axis do not overlap each other when being viewed from the direction in which the rotational axis extends in a state that the main body portion is located at the second position and is maximally tilted with respect to the base (Inayoshi fig. 8 and Frolov, annotated fig. 10).
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Regarding claims 3 and 8, the modified portable cutting apparatus of Inayoshi substantially disclosed above includes the support member is configured to be slidable through the base in a direction through the cutting plane (as taught by Yoshida). Regarding claim 4, the modified portable cutting apparatus of Inayoshi substantially disclosed above includes the cover member includes a generally rectangular first portion (Frolov 242) configured to cover the side of the cutting blade (i.e., airgap 148) and having a third edge (at front end with respect to the cutting direction of the cutting apparatus) in a longitudinal direction of the first portion (Frolov, col. 7, lines 30-31; see fig. 9) and a fourth edge (at rear end with respect to the cutting direction of the cutting apparatus) opposite to the third edge, a second portion (Frolov 244) extending from the third edge toward an inner side of the cover (at least a portion of the second and third portions 244 extend toward an inner side of the cover, i.e., blade chamber 262), and a third portion (Frolov 244) extending from the fourth edge toward the inner side of the cover (at least a portion of the second and third portions 244 extend toward an inner side of the cover, i.e., blade chamber 262). Regarding claims 5 and 9, the modified portable cutting apparatus of Inayoshi substantially disclosed above includes the auxiliary cover is configured in such a manner that, when the cover main body is tilted about the first tilt axis, the cover member is tilted about the second tilt axis by being pressed by the cover main body (e.g., Frolov fig. 10) and the support member is moved in a direction perpendicular to the second tilt axis (rod 248 experiences an opposing force vector), in parallel with the base, and toward an outer side of the base (the outwardly radial motion of Okouchi’s dust cover 24 relative to pin 27 indicates an outward direction of movement) due to the cover member being pressed by the cover main body (as shown by Frolov, fig. 10). Regarding claim 6, the modified portable cutting apparatus of Inayoshi substantially disclosed above includes the base includes a through-hole (Yoshida 15, 16) extending through the base in a direction in which the support member (13, 14) is moved when the cover main body is tilted about the first tilt axis (Yoshida fig. 13), and the support member (13, 14) is inserted through the through-hole (Yoshida 15 and 16) and is disposed so as to be slidable on the base (as taught and suggested by Yoshida and Okouchi) Regarding claims 7 and 10-12, the modified portable cutting apparatus of Inayoshi substantially disclosed above includes the support member (Frolov 248) includes a first support portion (first end of rod 248 proximate to second portion 244 of cover member 242) and a second support portion (second end of rod 248 proximate to third portion 244 of cover member 242) configured to tiltably support the cover member (242) at both edge portions of the cover member in a longitudinal direction thereof, respectively (Frolov, col. 7, lines 26-39).
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Inayoshi (JP2004-142105), Kume (JP2020-128026), Frolov (US Patent 8,522,658), Martin (US Publication 2010/0269353), Yoshida (US Patent 7,516,551), Hiroshima (US Publication 2017/0021466), and Okouchi (US Publication 2018/0056543) in view of Taylor (US Patent 8,844,415). Regarding claim 14, the modified portable cutting apparatus of Inayoshi substantially disclosed above includes the second portion includes a first proximal edge adjacent to the first portion and a first distal edge opposite to the first proximal edge,
the third portion includes a second proximal edge adjacent to the first portion and a second distal edge opposite to the second proximal edge,
the cover member includes a first abutment portion extending from the first distal edge in a direction away from the first portion in parallel with the first portion, and a second abutment portion extending from the second distal edge in a direction away from the first portion in parallel with the first portion,
each of the first abutment portion and the second abutment portion are sandwiched by protrusion portions on inner surfaces of the cover main body and are constantly in abutment with the protrusion portions, and
the first proximal edge is congruent with the third edge and the second proximal edge is congruent with the fourth edge.
Regarding claim 14, the modified portable cutting apparatus of Inayoshi substantially disclosed above fails to specifically disclose the second portion includes a first proximal edge (i.e., the intersecting corner) adjacent to the first portion and a first distal edge (the edge proximate with flange 144, as taught by Taylor, see fig. 4) opposite to the first proximal edge, the third portion includes a second proximal edge (i.e., the intersecting corner) adjacent to the first portion and a second distal edge (the edge proximate with flange 144, as taught by Taylor – out of view in fig. 4) opposite to the second proximal edge, the cover member includes a first abutment portion (as taught by 150 of Taylor) extending from the first distal edge in a direction away from the first portion in parallel with the first portion (Taylor fig. 4), and a second abutment portion (out of view in fig. 4) extending from the second distal edge in a direction away from the first portion in parallel with the first portion, each of the first abutment portion and the second abutment portion are sandwiched by protrusion portions on inner surfaces of the cover main body and are constantly in abutment with the protrusion portions (Taylor, fig. 4), and the first proximal edge is congruent with the third edge and the second proximal edge is congruent with the fourth edge (Taylor col. 4, line 62- col. 5, line 23). However, Taylor teaches it is known in the art of auxiliary covers to cutting devices similar to that taught by Frolov to provide an auxiliary cover in which the second portion includes a first proximal edge (i.e., the intersecting corner) adjacent to the first portion and a first distal edge (the edge proximate with flange 144, as taught by Taylor, see fig. 4) opposite to the first proximal edge, the third portion includes a second proximal edge (i.e., the intersecting corner) adjacent to the first portion and a second distal edge (the edge proximate with flange 144, as taught by Taylor – out of view in fig. 4) opposite to the second proximal edge, the cover member includes a first abutment portion (as taught by 150 of Taylor) extending from the first distal edge in a direction away from the first portion in parallel with the first portion (Taylor fig. 4), and a second abutment portion (out of view in fig. 4) extending from the second distal edge in a direction away from the first portion in parallel with the first portion, each of the first abutment portion and the second abutment portion are sandwiched by protrusion portions on inner surfaces of the cover main body and are constantly in abutment with the protrusion portions (Taylor, fig. 4), and the first proximal edge is congruent with the third edge and the second proximal edge is congruent with the fourth edge (Taylor col. 4, line 62- col. 5, line 23). It would have been obvious to one having an ordinary skill in the art before the effective filing of the invention to modify the portable cutting apparatus of Inayoshi substantially disclosed above with the teaching of Taylor as set forth above in order to improve the stiffness of the auxiliary cover thereby ensuring the auxiliary cover is able to move smoothly with respect to the cover main body.
Response to Arguments
Applicant’s arguments with respect to the claims 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Crowe (US Patent 1,701,948) discloses a convertible portable saw that can be used as a table saw with the circular saw blade projecting upwardly through the shoe (fig. 1) and as a circular saw with the saw blade projecting downwardly through the shoe (fig. 3) Wappat (US Patent 1,830,580) discloses a circular saw that can be tilted up to 60 degrees. Techter et al (US Patent 5,010,651) discloses a circular saw tiltable up to 60 degrees. Bloechle et al (DE 41 24 231) discloses a handsaw unit (1) with an angular adjustment mechanism that places the virtual pivot axis (23) just below the surface of the work.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SAMUEL ALLEN DAVIES whose telephone number is (571)270-1511. The examiner can normally be reached Monday-Friday; 9am-5pm EST.
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/SAMUEL A DAVIES/Patent Examiner, Art Unit 3724March 7, 2026 /BOYER D ASHLEY/Supervisory Patent Examiner, Art Unit 3724