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 .
Response to Amendment
This Office Action is responsive to the claim amendments filed on 06 November 2025. As directed by the amendment: claim 1 has been amended and claims 3, 5, 6, 10, and 14-18 stand withdrawn. Claims 1-18 currently stand pending in the application.
The amendments to the claims are sufficient to overcome the claim objections listed in the previous action, which are accordingly withdrawn. However, further claim objections as necessitated by the current amendments are presented below.
Response to Arguments
Applicant’s arguments with respect to the rejections under 35 U.S.C. 102(a)(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.
Applicant’s arguments with respect to the rejections under 35 U.S.C. 103 have been considered but are moot because the new ground of rejection does not rely on any interpretation of the reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Objections
Claims 1, 2, 4, 7-9, and 11-13 are objected to because of the following informalities: improper antecedence. Appropriate correction is required. The following amendments are suggested:
Claim 1 / line 9: “less than [[the]] the length”
Claim Rejections - 35 USC § 112
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 12 and 13 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
As to claims 12 and 13, it is unclear if the first side of the working plate, which is linear (claim 12) and has a width less than a width of the second side of the working plate (claim 13), is the same as the second linear portion (claim 1). For examination purposes, the first side and the second linear portion will be interpreted as referring to the same portions. Amendment or clarification is required. Further amendment to claim 11 may also be required to establish a relationship or differences between a first side (claim 11) and a leading portion (claim 1); and a second side (claim 11) and a connection portion (claim 1), particularly if amendments are made to claims 12-13.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1, 2, 4, 7-9, and 11-13 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent No. US 7,017,465 to Dion et al. (hereinafter, “Dion”), in view of U.S. Patent No. US 10,716,578 to Nunan et al. (hereinafter, “Nunan”).
As to claim 1, Dion discloses an accessory for a power tool, shown in general in FIGS. 1A-1B and in a cross-sectional view of the referenced embodiment in FIG. 3B, the accessory comprising: a body that is a plate, FIG. 1A, and is formed of a first material (softer supporting metal forming a proximal part of the body and extending up at 345 in FIG. 3B, col. 4 / line 65 – col. 5 / line 14), the body including a midline (in FIG. 1A, a line extending inferior-superior at a center of the body) that bisects the body and extends through each of a body first end (proximal end, away from teeth) and a body second end (distal end at 330 in FIG. 3B, nearer teeth), the body second end being opposite to and facing away from the body first end, a length measured in a direction parallel to the midline and corresponding to a distance between the body first end and the body second end, a width measured in a direction (left to right in FIG. 1A) perpendicular to the midline, a thickness measured in a direction (into the page in FIG. 1A) perpendicular to the length and the width, the thickness being less than the length and the width, FIG. 3B, and a working portion (345) that is configured to perform a cutting operation on a workpiece and adjoins the body second end, FIG. 3B; and a working plate (326, 327) that is fixed to the working portion and cooperates with the working portion (as part of the functional whole) to perform the cutting operation on the workpiece (col. 4 / line 65 – col. 5 / line 14), the working plate being formed of a second material (hard cutting tool metal), the second material having a hardness that is greater than a hardness of the first material (col. 3 / lines 24-26, col. 4 / line 65 – col. 5 / line 14), the working plate including a connection portion (proximal portions of 326, 327) that is fixed to the working portion, FIG. 3B, and a leading portion (distal portions of 326, 327) that defines a leading portion cutting edge (distal edges of 326, 327 along entire lengths of 326, 327; the entire lengths of 326, 327 are considered part of the cutting edge since they are formed of the second hard cutting tool metal and are fully capable of cutting), the leading portion protruding (distally) relative to the body second end in a direction parallel to the midline, wherein the leading portion cutting edge defines a first linear portion (linear faces/edges of 326, 327 to the right of the protruding portion in FIG. 3B), a second linear portion (distal linear faces/edges of 326, 327 adjacent 325 in FIG. 3B) and a third linear portion (linear faces/edges of 326, 327 to the left of the protruding portion in FIG. 3B; FIG. 3B shows a cross-section of one tooth, but would be extended to comprise a rest of the tooth and another recessed linear face/edge to the left as in FIG. 1B), the second linear portion protrudes relative to both the first linear portion and the third linear portion in a direction parallel to the midline, and the second linear portion is stepwise offset relative to both the first linear portion and the third linear portion (see for example FIG. 1B, where the distal linear faces/edges of one tooth are stepwise offset relative to adjacent recessed linear faces/edges), whereby the working plate has a T-shaped profile (at and surrounding one particular tooth).
As to claim 2, Dion discloses the accessory of claim 1, wherein the leading portion cutting edge defines a series of teeth (distal tips of 326 and 327 form teeth).
As to claim 4, Dion discloses the accessory of claim 1, wherein the leading portion cutting edge is parallel to the body second end and is offset (distally) relative to the body second end, FIG. 3B.
As to claim 7, Dion discloses the accessory of claim 1, wherein the connection portion of the working plate overlies the body second end, at least as much as the instant invention.
As to claim 8, Dion discloses the accessory of claim 1, wherein the body includes a cut out (portions cutaway to form tapered sides of 345), and the working plate is disposed in the cut out, FIG. 3B.
As to claim 9, Dion discloses the accessory of claim 8, wherein the cut out is a recess.
As to claim 11, Dion discloses the accessory of claim 1, wherein the working plate is fixed to the body in such a way that a first side (327) of the working plate protrudes (distally) outward relative to the body second end in a direction parallel to the midline, and a second side (326) of the working plate is spaced apart (distally) from the body second end in a direction parallel to the midline and overlies the body (at 345, at least as much as the instant invention).
As to claim 12, Dion discloses the accessory of claim 11, wherein the first side of the working plate is linear (at distal edge of 327) and parallel to the body second end, FIG. 3B, and the second side of the working plate is linear (at distal edge of 326) and parallel to the body second end, FIG. 3B.
As to claim 13, Dion discloses the accessory of claim 12, wherein a width of the first side of the working plate (taken at distal tip of 327) is less than a width of the second side of the working plate (taken at proximal edge of 326).
Dion is silent as to a mounting portion that adjoins the body first end and is configured to allow connection of the accessory to a power tool.
Nunan teaches an accessory for a power tool, the accessory comprising: a body (560) that is a plate (col. 21 / lines 11-18), FIG. 21, the body including a body first end (proximal end, away from teeth) and a body second end (distal end at teeth), the body second end being opposite to and facing away from the body first end, a length corresponding to a distance between the body first end and the body second end, a width measured in a direction perpendicular to the midline, a thickness measured in a direction perpendicular to the length and width, the thickness having a dimension that is less than the dimensions of the length and the width, a mounting portion (466) that adjoins the body first end, FIG. 21, and is configured to allow connection of the accessory to a power tool (e.g. via drive rods 130), and a working portion (distal section of 560) that is configured to perform a cutting operation on a workpiece and adjoins the body second end.
Accordingly, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to mount Dion’s body in a mounting portion as taught by Nunan, since Dion discloses that the accessory is a saw blade of a powered reciprocating saw (Dion, col. 3 / lines 49-58) but does not disclose the mechanism by which the accessory is reciprocated, and Nunan’s mounting portion, as part of a guide bar, can be used to power Dion’s accessory (Nunan, col. 1 / lines 28-31). Nunan’s mounting portion would adjoin Dion’s body first end by being adjacent thereto and guiding movement, and would allow connection of Dion’s accessory to a power tool via other parts of the guide bar such as the drive rods.
As to claim 1, in another interpretation, Dion discloses an accessory for a power tool, shown in general in FIGS. 1A-1B and in a cross-sectional view of the referenced embodiment in FIG. 3B, the accessory comprising: a body that is a plate, FIG. 1A, and is formed of a first material (softer supporting metal forming a proximal part of the body and extending up at 345 in FIG. 3B, col. 4 / line 65 – col. 5 / line 14), the body including a midline (in FIG. 1A, a line extending inferior-superior at a center of the body) that bisects the body and extends through each of a body first end (proximal end, away from teeth) and a body second end (distal end of 345 at concavity of 325), the body second end being opposite to and facing away from the body first end, a length measured in a direction parallel to the midline and corresponding to a distance between the body first end and the body second end, a width measured in a direction (left to right in FIG. 1A) perpendicular to the midline, a thickness measured in a direction (into the page in FIG. 1A) perpendicular to the length and the width, the thickness being less than the length and the width, FIG. 3B, and a working portion (345) that is configured to perform a cutting operation on a workpiece and adjoins the body second end (adjoins and extends proximally from the body second end), FIG. 3B; and a working plate (326, 327) that is fixed to the working portion and cooperates with the working portion (as part of the functional whole) to perform the cutting operation on the workpiece (col. 4 / line 65 – col. 5 / line 14), the working plate being formed of a second material (hard cutting tool metal), the second material having a hardness that is greater than a hardness of the first material (col. 3 / lines 24-26, col. 4 / line 65 – col. 5 / line 14), the working plate including a connection portion (proximal portions of 326, 327) that is fixed to the working portion, FIG. 3B, and a leading portion (distal portions of 326, 327) that defines a leading portion cutting edge (distal edges of 326, 327 along entire lengths of 326, 327; the entire lengths of 326, 327 are considered part of the cutting edge since they are formed of the second hard cutting tool metal and are fully capable of cutting), the leading portion (at tips of 326, 327) protruding (distally) relative to the body second end in a direction parallel to the midline, wherein the leading portion cutting edge defines a first linear portion (linear faces/edges of 326, 327 to the right of the protruding portion in FIG. 3B), a second linear portion (distal linear faces/edges of 326, 327 adjacent 325 in FIG. 3B) and a third linear portion (linear faces/edges of 326, 327 to the left of the protruding portion in FIG. 3B; FIG. 3B shows a cross-section of one tooth, but would be extended to comprise a rest of the tooth and another recessed linear face/edge to the left as in FIG. 1B), the second linear portion protrudes relative to both the first linear portion and the third linear portion in a direction parallel to the midline, and the second linear portion is stepwise offset relative to both the first linear portion and the third linear portion (see for example FIG. 1B, where the distal linear faces/edges of one tooth are stepwise offset relative to adjacent recessed linear faces/edges), whereby the working plate has a T-shaped profile (at and surrounding one particular tooth).
As to claim 2, Dion discloses the accessory of claim 1, wherein the leading portion cutting edge defines a series of teeth (distal tips of 326 and 327 form teeth).
As to claim 4, Dion discloses the accessory of claim 1, wherein the leading portion cutting edge is parallel to the body second end (at linear faces/edges of the cutting edge) and is offset (distally or proximally) relative to the body second end, FIG. 3B.
As to claim 7, Dion discloses the accessory of claim 1, wherein the connection portion of the working plate overlies the body second end, at least as much as the instant invention.
As to claim 8, Dion discloses the accessory of claim 1, wherein the body includes a cut out (portions cutaway to form tapered sides of 345), and the working plate is disposed in the cut out, FIG. 3B.
As to claim 9, Dion discloses the accessory of claim 8, wherein the cut out is a recess.
As to claim 11, Dion discloses the accessory of claim 1, wherein the working plate is fixed to the body in such a way that a first side (distal face/edge of tooth) of the working plate protrudes outward (distally) relative to the body second end in a direction parallel to the midline, and a second side (proximal edge of 326, 327) of the working plate is spaced apart (proximally) from the body second end in a direction parallel to the midline and overlies the body (at 345, at least as much as the instant invention).
As to claim 12, Dion discloses the accessory of claim 11, wherein the first side of the working plate is linear and parallel to the body second end (along a line along the root of the concavity of the body second end), FIG. 3B, and the second side of the working plate is linear and parallel to the body second end (along a line along the root of the concavity of the body second end).
As to claim 13, Dion discloses the accessory of claim 12, wherein a width of the first side of the working plate is less than a width of the second side of the working plate, FIG. 3B.
Dion is silent as to a mounting portion that adjoins the body first end and is configured to allow connection of the accessory to a power tool.
Nunan teaches an accessory for a power tool, the accessory comprising: a body (560) that is a plate (col. 21 / lines 11-18), FIG. 21, the body including a body first end (proximal end, away from teeth) and a body second end (distal end at teeth), the body second end being opposite to and facing away from the body first end, a length corresponding to a distance between the body first end and the body second end, a width measured in a direction perpendicular to the midline, a thickness measured in a direction perpendicular to the length and width, the thickness having a dimension that is less than the dimensions of the length and the width, a mounting portion (466) that adjoins the body first end, FIG. 21, and is configured to allow connection of the accessory to a power tool (e.g. via drive rods 130), and a working portion (distal section of 560) that is configured to perform a cutting operation on a workpiece and adjoins the body second end.
Accordingly, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to mount Dion’s body in a mounting portion as taught by Nunan, since Dion discloses that the accessory is a saw blade of a powered reciprocating saw (Dion, col. 3 / lines 49-58) but does not disclose the mechanism by which the accessory is reciprocated, and Nunan’s mounting portion, as part of a guide bar, can be used to power Dion’s accessory (Nunan, col. 1 / lines 28-31). Nunan’s mounting portion would adjoin Dion’s body first end by being adjacent thereto and guiding movement, and would allow connection of Dion’s accessory to a power tool via other parts of the guide bar such as the drive rods.
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 TRACY L KAMIKAWA whose telephone number is (571)270-7276. The examiner can normally be reached M-F 10:00-6:30 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, Kevin Truong, can be reached at 571-272-4705. 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.
/TRACY L KAMIKAWA/Examiner, Art Unit 3775