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 .
Detailed Action
The amendment filed on 01/22/2026 has been entered.
Claim Rejection - 35 U.S.C. 112(b)
1. 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.
2. Claims 1-16 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 regards as the invention.
(1) In claims 1 and 11, the newly added limitation “wherein the second axis is perpendicular to and passes through a projection of an outline the sprocket along the lateral sprocket axis” is vague and indefinite. First of all, it is unclear what “a projection of an outline” is and how it is defined. An outline of what? Further, as shown in Fig.3 (e.g., the elected Species A - Figs.1-3), the second axis is indicated as “410”, and a lateral sprocket axis about which the sprocket (220) rotates is the central axis of the sprocket (220) pointing into the paper as seen in Fig.3. Since the driving gear (210) is a spiral bevel pinion (210), and the driven gear (215) is a spiral bevel gear (215, see paragraph [0024], lines 1-3), the second axis (410) about which the spiral bevel pinion (210) rotates is NOT perpendicular to but is “substantially” perpendicular to the lateral sprocket axis about which both the spiral bevel gear (215) and the sprocket (220) rotate. If the second axis (410) and the lateral sprocket axis were to be “perpendicular to” each other, then the spiral bevel pinion (210) and the spiral bevel gear (215) would not be able to engage with each other.
Claim Rejection – 35 U.S.C. 103
1. The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
2. Claims 1, 2 and 5-8 are rejected under 35 U.S.C. 103 as being unpatentable over Hayashimoto (U.S. Patent No. 4,204,320) in view of Naughton et al. (U.S. Patent Application Publication No. 2010/0162579, hereinafter “Naughton”), Jerabek (U.S. Patent No. 4,408,393), Yamaoka et al. (U.S. Patent Application Publication No. 2014/0150271, hereinafter “Yamaoka”).
Regarding claims 1 and 5, Hayashimoto discloses a chainsaw (see Fig.1 as annotated below) comprising:
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a housing (H) including a handle housing portion (P1), a motor housing portion (P2), and a drive housing portion (P3);
a motor (1, see Fig.2) supported within the motor housing portion (P2), the motor (1) including an output shaft (4,5, see Fig.2);
a driven gear (6, see Fig.2) coupled to the output shaft (4,5) such that the driven gear (6) rotates in response to rotation of the output shaft (4,5);
a sprocket (8, see Fig.2) coupled to the driven gear (6) such that rotation of the driven gear (6) rotates the sprocket (8) about a lateral sprocket axis (SA, see Fig.2 as annotated below);
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a guide bar (11) extending from the drive housing portion (P3) and including an internal portion disposed within the drive housing portion (P3) and a projecting portion extending beyond a forward-most edge of the drive housing portion (P3);
a chain (7, see the annotated Fig.1) supported on the guide bar (11) and engaged with the sprocket (8) such that rotation of the sprocket (8) moves the chain (7) along the guide bar (11), the chain (7) including a plurality of cutting elements (E, see Fig.4 as annotated below); and
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a trigger switch (S, see annotated Fig.1) positioned on the handle housing portion (P1) for controlling operation of the chainsaw; and
wherein the axis (A2, see the annotated Fig.2 defined by the output shaft 4,5 of the motor 1) is generally perpendicular to and passes through the lateral sprocket axis (SA) substantially as claimed except the axes of the handle housing portion (P1), of the motor output shaft (4,5) and of the guide bar (11) are not so arranged for a one-hand operation of the chainsaw. Also, Hayashimoto’s chainsaw is not battery-powered, Hayashimoto does not explicitly mention the plurality of cutting elements (E) having a semi-chisel configuration, and Hayashimoto lacks a knob positioned on a lateral side of the drive housing portion (P3).
Naughton shows a power tool (20) comprising a housing (40) including a handle housing portion (45), a motor housing portion (MHP, see Fig. 7 as annotated below), and a drive housing portion (DHP), the handle housing portion (45) having a longitudinal axis (400) defining a first axis (400); a motor (65) supported by the motor housing portion (MHP), the motor (65) including an output shaft (OS) having a longitudinal axis (410) defining a second axis (410); a tool bar (240) extending from the drive housing portion (DHP) and having a longitudinal axis (420) defining a third axis (420); wherein the first axis (400) and the second axis (410) define a first included angle (α) less than 75 degrees (see paragraph [0042], lines 3-7), wherein the second axis (410) and the third axis (420) define a second included angle (θ) in the range of between 110 degrees and 130 degrees (see paragraph [0042], lines 8-10), and wherein the first axis (400) and the third axis (420) define an external angle (β) in the range of between 150 degrees and 170 degrees (see paragraph [0042], lines 13-15).
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Therefore, it would have been obvious to one skilled in the art to modify Hayashimoto by rearranging the three axes, namely a first longitudinal axis defined by the handle housing portion (P1), a second longitudinal axis defined by the motor output shaft (4,5) and a third longitudinal axis defined by the guide/tool bar (11), as those of Naughton’s for the advantage of compactness to allow for one hand operation as taught by Naughton.
Naughton further shows a battery (25) configured to provide power to the motor (65), wherein the handle housing portion (45) includes a cavity (60), and wherein the battery (25) is received in the cavity (60) along the first axis (400, see paragraph [0040], lines 1-3). Thus, it would have been obvious to one of ordinary skill in the art to further modify Hayashimoto by providing the chainsaw with a battery received in a cavity in the handle housing portion (P1) so that the chainsaw is self-contained without relying external power source as taught by Naughton. Since Naughton teaches the advantage of making a power tool compact by reducing its size (see paragraph [0043]), it would have been obvious to one skilled in the art to further modify Hayashimoto by selecting a desirable length, including the claimed range of between 4 inches and 8 inches, for the guide bar’s projecting portion that extends beyond a forward-most edge of the drive housing portion (P3) to achieve the desired compactness of the power tool. Moreover, it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233 (CCPA 1955).
Jerabek teaches a chain of a chainsaw can be a semi-chisel low profile type chain suitable for performing sawing operation. Therefore, it would have been obvious to one skilled in the art to further modify Hayashimoto by having the cutting element (E) of the chain (7) in the form of a semi-chisel configuration suitable for sawing as taught by Jerabek.
Yamaoka shows a chain saw comprising a knob (150) positioned on a lateral side (i.e. a cover plate 15) of a drive housing portion (11), the knob (150) including a rounded portion (RP, see Fig.1 as annotated below) adjacent the drive housing portion (11) and a graspable portion (GP) coupled to the rounded portion (RP).
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Thus, it would have been obvious to one skilled in the art to further modify Hayashimoto by providing the cover plate (13, which is a lateral side of the driving housing portion 11) with a knob including a rounded portion and a graspable portion to facilitate screwing the cover plate (13) tightly on the guide bar (11) to prevent the cover plate (13) from shaking as taught by Yamaoka (see paragraph [0028]).
Regarding claim 2, Naughton’s battery includes three battery cells with a lithium-ion chemistry (see paragraph [0027], lines 8-9 and 13-14). Hayashimoto thus modified also possesses such characteristic.
Regarding claim 6, Naughton’s first axis (400), second axis (410) and third axis (420) are oblique with respect to each of the other axes (see Fig.7). Hayashimoto thus modified also possesses such characteristic.
Regarding claim 7, Hayashimoto’s driven ger (6) is a bevel ger (6) including teeth (shown in Fig.2) facing a lateral side of the drive housing portion (P3, referring to annotated Fig.1 and Figs.2-4);
Regarding claim 8, Naughton’s motor (65) is positioned above a tool bar (240, see Fig.7). Hayashimoto thus modified also possesses such characteristic.
3. Claims 3 and 4 are rejected under 35 U.S.C. 103 as being unpatentable over Hayashimoto (U.S. Patent No. 4,204,320) in view of Naughton et al. (U.S. Patent Application Publication No. 2010/0162579), Jerabek (U.S. Patent No. 4,408,393), Yamaoka et al. (U.S. Patent Application Publication No. 2014/0150271) as applied to claim 2 above, and further in view of Shimizu et al. (U.S. Patent Application Publication No. 2013/0180118, hereinafter “Shimizu”).
Regarding claim 3, Hayashimoto’s chainsaw as modified above shows all the claimed structure except it does not specifically mention the motor (1) being a brushed DC motor.
Shimizu shows the use of a brushed DC motor (3) for a chainsaw (see paragraph [0034], line 9).
Therefore, to further modify Hayashimoto by using a well-known and commercially available brushed DC motor such as that of Shimizu’s suitable for a chainsaw would have been obvious to one skilled in the art.
Regarding claim 4, Hayashimoto’s trigger switch (S, see the annotated Fig.1) includes an on/off switch (S).
4. Claims 9 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Hayashimoto (U.S. Patent No. 4,204,320) in view of Naughton et al. (U.S. Patent Application Publication No. 2010/0162579), Jerabek (U.S. Patent No. 4,408,393), Yamaoka et al. (U.S. Patent Application Publication No. 2014/0150271) as applied to claim 1 above, and further in view of Newman (U.S. Patent No. 4,884,340).
Regarding claims 9 and 10, Hayashimoto’s chainsaw as modified above shows all the claimed structure except it lacks a lubrication system including a lubricant reservoir and a conduit extending therefrom.
Newman teaches it is desirable to provide a chainsaw with a lubrication system (73) configured to supply lubricant to a chain (68, see column 4, lines 46-49), wherein the lubricant system (73) includes a lubricant reservoir (76) and a conduit (78) extending from the reservoir (76) into a drive housing portion (26,46, Fig.2, note the conduit 78 leading to a fitting 80 of Fig.3 and to an oil discharge hole 82 of Fig.2 near the mounting area of a guide bar 50 through an opening of the guide bar 50 into the groove 70 and onto the chain 68 for lubricating the chain, see column 4, lines 46-49 and 66-68), and wherein the lubricant reservoir (76) is coupled to an exterior of a housing (16).
Thus, it would have been obvious to one skilled in the art to further modify Hayashimoto’s chainsaw by including a lubrication system having a lubricant reservoir coupled to an exterior of the housing (H) and a conduit extending from the reservoir into the drive housing portion (P3) for supplying lubricant to the chain (7) during operation of the chainsaw as taught by Newman.
5. Claims 11-14 are rejected under 35 U.S.C. 103 as being unpatentable over Hayashimoto (U.S. Patent No. 4,204,320) in view of Naughton et al. (U.S. Patent Application Publication No. 2010/0162579, hereinafter “Naughton”), Ibelle et al. (U.S. Patent No. 2,810,409, hereinafter “Ibelle”), Shimizu et al. (U.S. Patent Application Publication No. 2013/0180118, hereinafter “Shimizu”), Jerabek (U.S. Patent No. 4,408,393).
Regarding claims 11 and 12, Hayashimoto discloses a chainsaw (see the annotated Fig.1) comprising:
a housing (H) including a handle housing portion (P1), a motor housing portion (P2), and a drive housing portion (P3);
a motor (1, see Fig.2) supported within the motor housing portion (P1), the motor (1) including an output shaft (4,5);
a driven gear (6) coupled to the output shaft (4,5) such that the driven gear (6) rotates in response to rotation of the output shaft (4,5);
a sprocket (8) coupled to the driven gear (6) such that rotation of the driven gear (6) rotates the sprocket (8) about a lateral sprocket axis (SA, see the annotated Fig.2);
a guide bar (11) extending from the drive housing portion (P3), the guide bar (11) including an internal portion disposed within the drive housing portion (P3) and a projecting portion extending beyond a forward-most edge of the drive housing portion (P3);
a chain (7, see annotated Fig.1 above) supported on the guide bar (11) and engaged with the sprocket (8) such that rotation of the sprocket (8) moves the chain (7) along the guide bar (11), the chain (7) including a plurality of cutting elements (E, see annotated Fig.4 above);
a trigger switch (S, see the annotated Fig.1) positioned on the handle housing portion (P1) for controlling operation of the chainsaw, the trigger switch (S) including an on/off switch (S); and
wherein the axis (A2, see the annotated Fig.2 defined by the output shaft 4,5 of the motor 1) is substantially perpendicular to and passes through the lateral sprocket axis (SA) substantially as claimed except the axes of the handle housing portion (P1), of the motor output shaft (4,5) and of the guide bar (11) are not arranged for a one-hand operation of the chainsaw. Also, Hayashimoto’s chainsaw lacks a workpiece engaging member and is not battery-powered. Further, Hayashimoto does not explicitly mention the specific type of motor (1) and the plurality of cutting elements (E) having a semi-chisel configuration.
Naughton shows a power tool (20) comprising a housing (40) including a handle housing portion (45), a motor housing portion (MHP, see the annotated Fig.7), and a drive housing portion (DHP), the handle housing portion (45) having a longitudinal axis (400) defining a first axis (400); a motor (65) supported by the motor housing portion (MHP), the motor (65) including an output shaft (OS) having a longitudinal axis (410) defining a second axis (410); a tool bar (240) extending from the drive housing portion (DHP) and having a longitudinal axis (420) defining a third axis (420); wherein the first axis (400) and the second axis (410) define a first included angle (α) less than 75 degrees (see paragraph [0042], lines 3-7), wherein the first axis (400), the second axis (410) and the third axis (420) are oblique with respect to each of the other axes (see Fig.7).
Therefore, it would have been obvious to one skilled in the art to modify Hayashimoto by rearranging the three axes, namely a first longitudinal axis defined by the handle housing portion (P1), a second longitudinal axis defined by the motor output shaft (4,5) and a third longitudinal axis defined by the guide/tool bar (11), as those of Naughton’s for the advantage of compactness to allow for one hand operation as taught by Naughton.
Naughton further shows a battery (25) configured to provide power to the motor (65), wherein the handle housing portion (45) includes a cavity (60), and wherein the battery (25) is received in the cavity (60) along the first axis (400, see paragraph [0040], lines 1-3). Thus, it would have been obvious to one of ordinary skill in the art to further modify Hayashimoto by providing the chainsaw with a battery received in a cavity in the handle housing portion (P1) so that the chainsaw is self-contained without relying external power source as taught by Naughton. Since Naughton teaches the advantage of making a power tool compact by reducing its size (see paragraph [0043]), it would have been obvious to one skilled in the art to further modify Hayashimoto by selecting a desirable length, including the claimed range of between 4 inches and 8 inches, for the guide bar’s projecting portion that extends beyond a forward-most edge of the drive housing portion (P3) to achieve the desired compactness of the power tool. Moreover, it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233 (CCPA 1955).
Ibelle shows a chainsaw (see Fig.3) comprising a workpiece engaging member (17) positioned on a drive housing portion (14) and configured (i.e. with teeth as seen in Fig.4 and same as shown in applicant’s Fig.2) to engage a workpiece to provide a pivot point during cutting operation.
Therefore, it would have been obvious to one of ordinary skill in the art to further modify Hayashimoto by providing the drive housing portion (P3) with a workpiece engaging member to facilitate stabilizing the chainsaw at a pivot point on a workpiece to be cut as taught by Ibelle.
Shimizu shows the use of a brushed DC motor (3) for a chainsaw (see paragraph [0034], line 9).
Therefore, to further modify Hayashimoto by using a well-known and commercially available brushed DC motor such as that of Shimizu’s suitable for a chainsaw would have been obvious to one skilled in the art.
Jerabek teaches a chain of a chainsaw can be a semi-chisel low profile type chain suitable for performing sawing operation. Therefore, it would have been obvious to one skilled in the art to further modify Hayashimoto by having the cutting element (E) of the chain (7) in the form of a semi-chisel configuration suitable for sawing as taught by Jerabek.
Regarding claim 13, Hayashimoto’s driven ger (6) is a bevel ger (6, see Fig.2).
Regarding claim 14, Naughton’s motor (65) is positioned above a tool bar (240, see Fig.7). Hayashimoto thus modified also possesses such characteristic.
6. Claims 15 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Hayashimoto (U.S. Patent No. 4,204,320) in view of Naughton et al. (U.S. Patent Application Publication No. 2010/0162579), Ibelle et al. (U.S. Patent No. 2,810,409), Shimizu et al. (U.S. Patent Application Publication No. 2013/0180118), Jerabek (U.S. Patent No. 4,408,393) as applied to claim 14 above, and further in view of Newman (U.S. Patent No. 4,884,340).
Regarding claims 15 and 16, Hayashimoto’s chainsaw as modified above shows all the claimed structure except it lacks a lubrication system including a lubricant reservoir and a conduit extending therefrom.
Newman teaches it is desirable to provide a chainsaw with a lubrication system (73) configured to supply lubricant to a chain (68, see column 4, lines 46-49), wherein the lubricant system (73) includes a lubricant reservoir (76) and a conduit (78) extending from the reservoir (76) into a drive housing portion (26,46, note the conduit 78 leading to a fitting 80 of Fig.3 and to an oil discharge hole 82 of Fig.2 near the mounting area of a guide bar 50 through an opening of the guide bar 50 into the groove 70 and onto the chain 68 for lubricating the chain, see column 4, lines 46-49 and 66-68), and wherein the lubricant reservoir (76) is coupled to an exterior of a housing (16).
Thus, it would have been obvious to one skilled in the art to further modify Hayashimoto’s chainsaw by including a lubrication system having a lubricant reservoir coupled to an exterior of the housing (H) and a conduit extending from the reservoir into the drive housing portion (P3) for supplying lubricant to the chain (7) during operation of the chainsaw as taught by as taught by Newman.
Remarks
Applicant’s arguments with respect to independent claims 1 and 11 in reference to “a printed circuit board” are moot because amended claims 1 and 11 do not require a printed circuit board.
Acton Made Final
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.
Point of Contact
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HWEI-SIU PAYER whose telephone number is (571)272-4511. The examiner can normally be reached on Monday – Friday from 6:00 AM to 2:00 PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Boyer Ashley, can be reached at telephone number 571-272-4502. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HWEI-SIU C PAYER/ Primary Examiner, Art Unit 3724