Prosecution Insights
Last updated: October 23, 2026
Application No. 18/141,930

HANDHELD BATTERY POWERED CHAINSAW

Final Rejection §103
Filed
May 01, 2023
Priority
Feb 23, 2016 — provisional 62/298,687 +4 more
Examiner
PAYER, HWEI-SIU C
Art Unit
3724
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
MILWAUKEE ELECTRIC TOOL Corporation
OA Round
4 (Final)
74%
Grant Probability
Favorable
5-6
OA Rounds
0m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 74% — above average
74%
Career Allowance Rate
1091 granted / 1475 resolved
+4.0% vs TC avg
Strong +30% interview lift
Without
With
+29.7%
Interview Lift
resolved cases with interview
Typical timeline
2y 5m
Avg Prosecution
34 currently pending
Career history
1516
Total Applications
across all art units

Statute-Specific Performance

§101
0.4%
-39.6% vs TC avg
§103
37.9%
-2.1% vs TC avg
§102
20.6%
-19.4% vs TC avg
§112
34.8%
-5.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1475 resolved cases

Office Action

§103
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 09/15/2026 has been entered. 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 06/17/2026 PTO-892). Regarding claims 1 and 5, Hayashimoto discloses a chainsaw (see Fig.1 as annotated below) comprising: PNG media_image1.png 419 784 media_image1.png Greyscale 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); PNG media_image2.png 440 824 media_image2.png Greyscale 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 PNG media_image3.png 322 642 media_image3.png Greyscale a trigger switch (S, see annotated Fig.1) positioned on the handle housing portion (P1) for controlling operation of the chainsaw; and wherein a motor 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). PNG media_image4.png 634 1089 media_image4.png Greyscale 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 on 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). PNG media_image5.png 550 778 media_image5.png Greyscale 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 (see claim 5 of the English translation). Note 15 cam is about 5.9 inch which is in the claimed range of between 4 inches and 8 inches. 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 half (50%) of overall length of the guide bar as one desired for a more compact and light weight chainsaw, since how compact a chainsaw is depends more upon an obvious matter of a manufacturer’s design choice than on any inventive concept. 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 claims 7 and 18, 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). Note newly added clam 18 including all the limitations of claims 1 and 7 is rejected herewith. 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) and JP 9-19901, 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) and JP 9-19901 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) to improve sawing 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 06/17/2026 PTO-892). 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 a motor 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 not 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 on 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 (see claim 5 of the English translation). Note 15 cm is about 5.9 inch which is in the claimed range of between 4 inches and 8 inches. 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 half (50%) of overall length of the guide bar as one desired for a more compact and light weight chainsaw, since how compact a chainsaw is depends more upon an obvious matter of a manufacturer’s design choice than on any inventive concept. 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) and JP 9-19901 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) to improve sawing operation as taught by as taught by Newman. Remarks Applicants' arguments filed 09/15/2026 have been fully considered but they are not persuasive. Regarding independent claims 1 and 11, the alleged claimed limitation of a projecting portion of a guide bar extending beyond a forward-most edge of the drive housing portion by a distance between 4 inches and 8 inches is taught by JP ‘901 which shows a light-weight electric chainsaw equipped with a short guide bar (21) having its length of protrusion portion being 15 cm (see claim 5 of the English translation). Note 15 cm is about 5.9 inch which meets the claimed range of between 4 inches and 8 inches. The issue here is Hayashimoto as modified is silent about the ratio of the guide bar’s projecting portion to the overall length of the guide bar being 0.5 (e.g., only half (50%) of the overall length of the guide bar is extending beyond a forward-most edge of the drive housing portion). However, the general concept of having a light-weight and compact chain saw by having a projecting portion of a guide bar in the range of between 4 inches and 8 inches as claimed to reduce the overall size of the chain saw is clearly displayed by JP ‘901, and 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 making the guide bar short in size so that the protruding portion of the guide bar only half (50%) of overall length of the guide bar as so desired for a more compact and light weight chainsaw. Moreover, the compactness of a chainsaw depends more on an obvious matter of a manufacturer’s design choices than on any inventive concept. One skilled in the art can even reduce the ratio to below 0.5 for an even more compact chainsaw if so desired. Regarding dependent claim 7 and newly added independent claim 18 which includes all the limitations of claims 1 and 7, Applicants argue, at page 9 of the amendment, Hayashimoto’s teeth of the driven bevel gear (6) does not face the lateral side of drive housing portion. Examiner disagrees. Hayashimoto’s driven gear (6) is a bevel gear (6) including teeth (T, see Fig.2 as annotated below) facing a lateral side of the driven housing portion (P3, see Fig.3 as annotated) when the bevel gear (6) is installed in the drive housing portion (P3). Note when installed, the bevel gear (6) of Fig.2 is oriented parallel to the guide bar (11) of the annotated Fig.1. Thus, the teeth (T) of the bevel gear (6, see the annotated Fig.2) are facing the lateral side (e.g., the side parallel to the guide bar 11) of the drive housing portion (P3, see the annotated Fig.1) as clamed so that the sprocket (8, see the annotated Fig.2) can drive the chain (C, see the annotate Fig.1) of the chainsaw. PNG media_image6.png 436 820 media_image6.png Greyscale PNG media_image7.png 466 810 media_image7.png Greyscale Applicants did not argue dependent claims 2-6, 8-10 and 12-16 individually. Accordingly, they stand or fall with their independent claims. Action Made Final THIS ACTION IS MADE FINAL. 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 7:00 AM to 3:0 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. Information regarding the status of an application may be obtained from Patent Center. Status information for published applications may be obtained from Patent Center. Status information for unpublished applications is available through Patent Center to authorized users only. Should you have questions about access to the USPTO patent electronic filing system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). Examiner interviews are available via a variety of formats. See MPEP § 713.01. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) Form at https://www.uspto.gov/InterviewPractice. /HWEI-SIU C PAYER/ Primary Examiner, Art Unit 3724
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Prosecution Timeline

Show 4 earlier events
Jan 22, 2026
Response Filed
Feb 11, 2026
Final Rejection mailed — §103
Apr 10, 2026
Response after Non-Final Action
May 08, 2026
Request for Continued Examination
May 12, 2026
Response after Non-Final Action
Jun 17, 2026
Non-Final Rejection mailed — §103
Sep 15, 2026
Response Filed
Oct 05, 2026
Final Rejection mailed — §103 (current)

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Prosecution Projections

5-6
Expected OA Rounds
74%
Grant Probability
99%
With Interview (+29.7%)
2y 5m (~0m remaining)
Median Time to Grant
High
PTA Risk
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