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
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 May 8, 2026 has been entered.
Claim Rejection - 35 U.S.C. 112(a)
1. The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
2. Claims 1-16 rejected under 35 U.S.C. 112(a) as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor at the time the application was filed, had possession of the claimed invention.
(1) Claims 1 and 11 contain new matter. Specifically, the claim limitation “the second axis is substantially perpendicular to and passes through a projection of an outline of the sprocket along the lateral sprocket axis” as cited in claims 1 and 11 has no support from the specification. There is no discourse of such in the original specification for the elected species A (e.g., Figs.1-3).
Claim Rejection - 35 U.S.C. 112(b)
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 1-16 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, at the last line, “about 0.5” is indefinite because the specification lacks some standard for measuring that degrees intended.
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”) and JP 9-19901 (with English translation cited in the PTO-892 attached herewith).
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 an 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 a projection of an outline of the sprocket (8) along 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) and is silent about the protruding portion’s length of the guide bar (11).
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.
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]).
JP ‘901 shows a light weight electric chainsaw equipped with a short guide bar (21) having its length of protrusion portion being 15 cm (about 5.9 inch that is between 4 inches and 9 inches as claimed, see claim 5 of the English translation).
Since Hayashimoto prefers reduction in size and weight of the overall chainsaw (see column 1, lines 28-40), it would have been obvious to one of ordinary skill in the art to further modify Hayashimoto by using a short guide bar (11) for the chainsaw with the length of a projecting portion of the guide bar (11) being 15 cm so that the chainsaw is small in size and thus light weight as taught by JP ‘901. Further, it would have been obvious to one skilled in the art to further modify Hayashimoto by making the guide bar short in size so that the protruding portion of the guide bar only about half (50%) of overall length of the guide bar as one desired for a more compact and light weight chainsaw.
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), and JP 9-19901 (with English translation cited in the PTO-892 attached herewith).
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 an 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) or mention the plurality of cutting elements (E) having a semi-chisel configuration, and it is silent about the protruding portion’s length of the guide bar (11).
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.
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.
JP ‘901 shows a light weight electric chainsaw equipped with a short guide bar (21) having its length of protrusion portion being 15 cm (about 5.9 inch that is between 4 inches and 9 inches as claimed, see claim 5 of the English translation).
Since Hayashimoto prefers reduction in size and weight of the overall chainsaw (see column 1, lines 28-40), it would have been obvious to one of ordinary skill in the art to further modify Hayashimoto by using a short guide bar (11) for the chainsaw with the length of a projecting portion of the guide bar (11) being 15 cm so that the chainsaw is small in size and thus light weight as taught by JP ‘901. Further, it would have been obvious to one skilled in the art to further modify Hayashimoto by making the guide bar short in size so that the protruding portion of the guide bar only about half (50%) of overall length of the guide bar as one desired for a more compact and light weight chainsaw.
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.
Prior Art Citation
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
U.S. Patent Application Publication No. 2010/0218386 shows a chainsaw (1, see Fig.1) comprising a guard bar (13) having a working length (A) between 15 cm and 35 cm (e.g., about 5.9 inches and 13.8 inches, see paragraph [0030], lines 8-10) within Applicant’s disclosed range of between 6 inches and 16 inches (see paragraph [0026] in the specification of this instant application).
Remarks
Applicant’s arguments with respect to independent claims 1 and 11 have been considered but are moot in light of the above new ground(s) of rejection. Pending dependent claims are not argued individually, and they stand or fall with their independent claims.
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 7:00 AM to 3:00 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
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