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
Applicant’s 2-11-2026 Amendment was received. Claims 1 and 13 were amended. Claims 1-19 are pending and examined in this action.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “the electric motor including an output shaft that extends along an axis that is parallel to the support arm axis,” of Claims 1 and 13 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112
Claims 1-19 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, 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, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
In re Claims 1 and 13, “the electric motor including an output shaft that extends along an axis that is parallel to the support arm axis,” 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, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
The Examiner notes that the definition of parallel is “extending in the same direction, everywhere equidistant, and not meeting.” According to Applicant’s specification, at Para 0045, “The output shaft 102 of the motor 101 protrudes from the motor housing first end 103(2) and rotates about an output shaft axis 98 that is aligned with the support arm axis 13.” If the output shaft axis is aligned with the support arm axis, they cannot be parallel to one another. As such, “the electric motor including an output shaft that extends along an axis that is parallel to the support arm axis,” of Claims 1 and 13, 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, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “an elastic member,” in Claim 4; “an elastic member,” in Claim 18.Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-7, 9-11, 13-14 and 16-19 are rejected under 35 U.S.C. 103 as being unpatentable over GB 2588831A in view of US 2008/0014844 to Pontieri and US 2004/0069513 to Wolf.
For purpose of examination, “parallel,” was interpreted as “extending in the same direction, everywhere equidistant, and not meeting.”
In re Claim 1, GB 2588831A teaches a saw (Figs. 1-8c), comprising: a saw housing (see Figs. 1-8c, teaching housing that houses the trigger and motor), the saw housing including a front end, a rear end opposite the front end (see annotated Fig. 8b, below) and a housing longitudinal axis (see annotated Fig. 8b, below showing an axis running lengthwise of the housing) that extends through the front end and the rear end (see annotated Fig. 8b, below), the saw housing including a hollow support arm that protrudes outward from the front end (see Figs. 1-8c, housing surrounding #70; see also Fig. 8C showing arm removed from housing), the support arm including a proximal end that adjoins the front end and a distal end that is opposite the proximal end (see Figs. 1-8c), the support arm including a support arm axis (see annotated Fig. 8b, below) that extends through the proximal end and the distal end (see annotated Fig. 8b, below), the support arm axis being acutely angled relative to the housing longitudinal axis (see annotated Fig. 8b, below);
an electric motor disposed in the saw housing (see Fig. 8a, #62), the electric motor including an output shaft that is rotatable about an output shaft axis (see Fig. 8a, #64), the output shaft being parallel to the support arm axis (see annotated Fig. 8c, below);
a battery pack disposed in the saw housing, the battery pack configured to supply power to the electric motor (see Pg. 1, ll. 12-17); and
a blade drive assembly disposed in the support arm (see Fig. 1-10, drive shaft #70 and bevel gears #72), the blade drive assembly configured to detachably connect a cutting blade to the distal end of the support arm and transmit a rotational motion of the output shaft to the cutting blade when the cutting blade is connected to the saw (see Figs. 1-8c, blade #114 is removable),
the blade drive assembly including a spindle (see annotated Fig. 8a, below) that is connected to the output shaft and is rotatable about a spindle axis (see Fig. 8a, “X”), the spindle including a spindle first end (see annotated Fig. 8a, below) that is supported for rotation by the support arm, and a spindle second end (see annotated Fig. 8a, below) that protrudes outward from the support arm;
a transmission that connects the output shaft to the spindle (see Figs. 1-8, two bevel gears #72);
a blade connection subassembly disposed on the spindle second end(see annotated Fig. 8a, below), the blade connection subassembly configured to detachably secure a cutting blade to the spindle second end (see Figs. 1-8, the blade is detachable secured to the device);
a lock handle that overlies an outer surface of the support arm (see Fig. 8b, #74), the lock handle comprising a handle first end, a handle second end opposite the handle first end (see Fig. 8b, lock button #74 as an outer end and an inner end), and a handle longitudinal axis that extends between the handle first end and the handle second end (see Fig. 8b, lock button #74 has an aperture that extends between the outer and inner end),
a locking pin (see Fig. 8b, #76) that is disposed within an opening of the support arm (see Fig. 8b, #76), the locking pin being translatable within the opening relative to the support arm, the locking pin including a pin first end that directly contacts the lock handle (see Fig. 8b, showing end of pin #76 that contacts #74).
PNG
media_image1.png
414
809
media_image1.png
Greyscale
PNG
media_image2.png
464
770
media_image2.png
Greyscale
PNG
media_image3.png
722
444
media_image3.png
Greyscale
GB 2588831A teaches a push pin (see Fig. 8a, #76) for locking the rotating assembly but does not teach the pin locking the bevel gears. As such, GB 2588831A does not teach:
the lock handle being connected to the support arm via a pivot pin that is disposed closer to the handle second end than the handle first end; and
and a pin second end that faces a rotatable element of the transmission, wherein the lock handle is rotatable about the pivot pin relative to the support arm between a first position in which the handle longitudinal axis is at a first angle relative to the support arm outer surface and a second position in which the handle longitudinal axis is at a second angle relative to the support arm outer surface, the second angle being greater than the first angle, the locking pin is driven by the lock handle to translate relative to the support arm upon rotation of the lock handle about the pivot pin, when the lock handle is in the first position, the pin second end is spaced apart from the rotatable element of the transmission such that the rotatable element of the transmission is free to rotate, and when the lock handle is in the second position, the pin second end engages with the rotatable element of the transmission such that the rotatable element of the transmission is prevented from rotating.
However, Pontieri teaches that it is known in the art of locking power tool spindles to provide a spindle lock wherein:
the lock handle (see Pontieri, Figs. 1-4, #10/60) being connected to the support arm via a pivot pin (see Pontieri, Figs. 1-4, #94) that is disposed closer to the handle second end than the handle first end (see Pontieri, Figs. 1-4, showing #94 closer to the second end of pin #58 than end at #66 in Fig. 3); and
and a pin second end that faces a rotatable element of the transmission (see Pontieri, Figs. 1-4), wherein the lock handle is rotatable about the pivot pin relative to the support arm between a first position (see Pontieri, Fig. 2) in which the handle longitudinal axis is at a first angle relative to the support arm outer surface and a second position in which the handle longitudinal axis is at a second angle relative to the support arm outer surface (see Pontieri, Fig. 4, 60’), the second angle being greater than the first angle (see Pontieri, Figs. 4 vs. Fig. 2), the locking pin is driven by the lock handle to translate relative to the support arm upon rotation of the lock handle about the pivot pin (see Pontieri, Fig. 4), when the lock handle is in the first position, the pin second end is spaced apart from the rotatable element of the transmission such that the rotatable element of the transmission is free to rotate (see Pontieri, Fig. 2 #66 spaced from locking recess #64), and when the lock handle is in the second position, the pin second end engages with the rotatable element of the transmission such that the rotatable element of the transmission is prevented from rotating (see Pontieri, Fig. 4, #66 located in recess #64).
In the same field of invention, locking mechanism for spindles in power tools, it would have been obvious to one of ordinary skill in the art, at the earliest effective filing date, it would have been obvious to one of ordinary skill in the art, at the earliest effective filing date, to replace the locking mechanism of GB 2588831A with that of Pontieri. Doing so the substitution of one known locking mechanism for another known locking mechanism to lock the rotatable assembly and allow the blade to be replaced (see MPEP 2143, I, B). Doing so alerts the user to when the locking mechanism is in the locked position (see Pontieri, Para. 0029).
As best understood, the transmission is comprised of the gear set #22 and the intermediate drive assemble #202. GB 2588831A does not teach the locking pin interacting with the transmission. However, Wolf teaches that it is known in the art of spindle locks for power tools, to cause the pin to be received in a beveled gear (see Wolf, Fig. 2, #32/38). In the same field of invention, spindle locks for power tools, it would have been obvious to one of ordinary skill in the art, at the earliest effective filing date, to cause the spindle lock pin to be received in a bevel gear, as taught by Wolf. Doing so is the substitution of one known locking pin arrangement for another known locking pin arrangement to achieve the locking of the rotating assembly of a power tool (see MPEP 2143, I, B). Doing so provides a locking pin that is impervious and robust and a better safe guard against lubricate escaping from the housing as well as preventing dust contamination (see Wolf, Para. 0005-6).
In re Claim 2, modified GB 2588831A, in re Claim 1, teaches comprising a spring that surrounds the locking pin and biases the locking pin against the lock handle (see Pontieri, Fig. 2, #82).
In re Claim 3, modified GB 2588831A, in re Claim 1, teaches wherein the lock handle second end defines a curved cam surface (see Pontieri, Figs. 2-4, #108).
In re Claim 4, modified GB 2488831A, in re Claim 1, teaches wherein the locking pin is biased against the lock handle via an elastic member (see Pontieri, Figs. 2-4, #82) such that the locking pin first end directly contacts the cam surface (see Pontieri, Figs. 2-4, #82 contacting #108).
In re Claim 5, modified GB 2488831A, in re Claim 1, teaches wherein the cam surface is shaped so that when the lock handle is in the first position, the pin second end is spaced apart from the rotatable element of the transmission (see Pontieri, Fig. 2 showing the handle in the first position and space between #66 and #64), and when the lock handle is in the second position, the pin second end is engaged with the rotatable element of the transmission (see Pontieri, Fig. 4).
In re Claim 6, modified GB 2488831A, in re Claim 1, teaches wherein the locking pin is movable along a locking pin axis that is perpendicular to a rotational axis of the pivot pin (see Pontieri, Figs. 2-4, showing pin #58 moving in a direction perpendicular to the rotational axis of pivot pin #94).
In re Claim 7, modified GB 2488831A, in re Claim 1, teaches wherein a curved ridge protrudes from an outer surface of the support arm, the ridge partially surrounding the lock handle (see Pontieri, Fig. 3, #104/106).
In re Claim 9, modified GB 2488831A, in re Claim 1, teaches wherein the spindle axis is perpendicular to the output shaft axis (see Figs. 8a, “X” and “Y”);
the transmission includes a gear set that connects the output shaft to the spindle (see Figs. 1-8c, bevel gears #72 are connected to the output shaft), the gear set including the rotatable element of the transmission in the form of driven gear that is fixed relative to the spindle (see Figs. 1-8c, the bevel gear #72 connected to the spindle) and is rotatable about the spindle axis (see Figs. 1-8c); the driven gear including a gear surface that is perpendicular to the spindle axis (the other bevel gear #72), the gear surface defines a recess (see Wolf, Fig. 2, #32/38), and when the lock handle is in the second position, the pin second end is disposed in the recess such that the driven gear is prevented from rotating about the spindle axis (see Wolf, Fig. 2, #32/38 in view of Pontieri, Figs. 2-4 ).
In re Claim 10, modified GB 2588831A, in re Claim 1, does not teach wherein the pivot pin extends in a direction that is perpendicular to the output shaft axis and the spindle axis (see Pontieri, Fig. 3-4, #94 in view of GB 2588831A Figs. 1-8 and Wolf, Fig. 2).
In re Claim 11, modified GB 2488831A, in re Claim 1, teaches wherein the saw housing comprises: a main handle that protrudes from the rear end (see GB 2488831A, Fig. 4, #16) ; and an auxiliary handle (see GB 2488831A, Fig. 4, #58), the auxiliary handle including an auxiliary handle first end that is joined to a first side of the saw housing (see GB 2488831A, Figs. 1-4 showing handle #58 joined at a top side of the saw housing), an auxiliary handle second end that is joined to a second side of the saw housing (see GB 2488831A, Figs. 1-4, showing handle #58 joined at a bottom side of the saw housing), and an auxiliary handle midportion that is disposed between the auxiliary handle first end and the auxiliary handle second end, the auxiliary handle midportion overlying a third side of the saw housing (see GB 2488831A, Figs. 1-4, showing handle #58 having a side portion that overlays a side portion of the housing).
In re Claim 13, GB 2488831A teaches a saw (see Figs. 1-8c) comprising: a saw housing (see Figs. 1-8, teaching a housing the houses a trigger and motor), the saw housing including a front end, a rear end opposite the front end (see Figs. 1-8c, housing surrounding the motor and #70), and a protruding handle (see Figs. 1-8c, #16),
the saw housing including a housing longitudinal axis that extends through the front end and the rear end (see annotated Fig. 8b, above, showing an axis running lengthwise of the housing), the saw housing including a hollow support arm that protrudes outward from the front end (see Figs. 1-8c, housing surrounding #70; see also Fig. 8C showing arm removed from housing), the support arm including a proximal end that adjoins the front end and a distal end that is opposite the proximal end (see Figs. 1-8c), the support arm including a support arm axis (see annotated Fig. 8b, above) that extends through the proximal end and the distal end (see annotated Fig. 8b, above), the support arm axis being acutely angled relative to the housing longitudinal axis (see annotated Fig. 8b, above);
an electric motor disposed in the saw housing (see Fig. 8a, #62), the electric motor including an output shaft (see Fig. 8a, #62) that extend along an axis that is parallel to the support arm axis (see annotated Fig. 8a, above);
a battery pack disposed in the saw housing (see Pg. 1, ll. 12-17), the battery pack configured to supply power to the electric motor; and
a blade drive assembly (see Fig. 1-10, drive shaft #70 and bevel gears #72) that is configured to detachably connect a cutting blade to the saw and transmit the rotational motion of the output shaft to the cutting blade when the cutting blade is connected to the saw (see Figs. 1-8c, blade #114), the blade drive assembly including a spindle (see annotated Fig. 8a, above) that is driven to rotate about a spindle axis (see Fig. 8a, “X”) via a transmission that is connected to the output shaft, the spindle transmitting rotation of the output shaft to the cutting blade when the cutting blade is connected to the saw (see Figs. 1-8, the blade is detachable secured to the device),
a lock handle that is disposed on an outer surface of the saw housing (see Fig. 8b, #74), and
a locking pin (see Fig. 8b, #76) that is supported in the saw housing and in direct contact with the lock handle (see Fig. 8b, #74/76), the locking pin configured to translate relative to the saw housing based on handle position (see Fig. 1-8, the locking pins translates relative to the housing).
GB 2588831A teaches a push pin (see Fig. 8a, #76) for locking the rotating assembly but does not teach the pin locking the bevel gears. As such, GB 2588831A does not teach:
the lock handle being pivotable relative to the saw housing between a first, folded position and a second, unfolded position, wherein: when the lock handle is in the first, folded position, the lock handle is oriented to be substantially parallel to the saw housing outer surface and protrude minimally relative to the saw housing outer surface, and the locking pin is disengaged from the gear whereby the blade drive assembly is configured to permit the spindle to freely rotate about the spindle axis, and when the lock handle is in the second, unfolded position, the lock handle is oriented to be substantially perpendicular to the saw housing outer surface and protrude maximally relative to the saw housing outer surface whereby the lock handle serves as a manual grip that permits a user to stabilize the saw while attaching and detaching a cutting blade, and the locking pin is engaged with the transmission whereby the blade drive assembly is configured to prevent rotation of the spindle about the spindle axis.
However, Pontieri teaches that it is known in the art of locking power tool spindles to provide a spindle lock wherein:
the lock handle (see Pontieri, Figs. 1-4, #10/60) being pivotable relative to the saw housing between a first, folded position (see Pontieri, Fig. 2 )and a second, unfolded position (see Pontieri, Fig. 4), wherein: when the lock handle is in the first, folded position, the lock handle is oriented to be substantially parallel to the saw housing outer surface and protrude minimally relative to the saw housing outer surface (see Pontieri, Figs. 2, showing the handle substantially following the housing in the first folded position), and the locking pin is disengaged from the gear whereby the blade drive assembly is configured to permit the spindle to freely rotate about the spindle axis (see Pontieri, Figs. 1-4, showing #94 closer to the second end of pin #58 than end at #66 in Fig. 3), and when the lock handle is in the second, unfolded position (see Pontieri, Fig. 4), the lock handle is oriented to be substantially perpendicular to the saw housing outer surface and protrude maximally relative to the saw housing outer surface (see Pontieri, Fig. 4, 60’) whereby the lock handle serves as a manual grip that permits a user to stabilize the saw while attaching and detaching a cutting blade (see Pontieri, Fig. 4, the handle is capable of being used as a manual grip that permits a user to stabiles the saw during cutting blade changes), and the locking pin is engaged with the transmission whereby the blade drive assembly is configured to prevent rotation of the spindle about the spindle axis (see Pontieri, Fig. 4, #66 located in recess #64).
In the same field of invention, locking mechanism for spindles in power tools, it would have been obvious to one of ordinary skill in the art, at the earliest effective filing date, it would have been obvious to one of ordinary skill in the art, at the earliest effective filing date, to replace the locking mechanism of GB 2588831A with that of Pontieri. Doing so the substitution of one known locking mechanism for another known locking mechanism to lock the rotatable assembly and allow the blade to be replaced (see MPEP 2143, I, B). Doing so alerts the user to when the locking mechanism is in the locked position (see Pontieri, Para. 0029).
As best understood, the transmission is comprised of the gear set #22 and the intermediate drive assemble #202. GB 2588831A does not teach the locking pin interacting with the transmission. However, Wolf teaches that it is known in the art of spindle locks for power tools, to cause the pin to be received in a beveled gear (see Wolf, Fig. 2, #32/38). In the same field of invention, spindle locks for power tools, it would have been obvious to one of ordinary skill in the art, at the earliest effective filing date, to cause the spindle lock pin to be received in a bevel gear, as taught by Wolf. Doing so is the substitution of one known locking pin arrangement for another known locking pin arrangement to achieve the locking of the rotating assembly of a power tool (see MPEP 2143, I, B). Doing so provides a locking pin that is impervious and robust and a better safe guard against lubricate escaping from the housing as well as preventing dust contamination (see Wolf, Para. 0005-6)
In re Claim 14, modified GB 2588831A, in re Claim 13, teaches wherein when the lock handle is in the first position, a ridge that protrudes from an outer surface of the saw housing partially surrounds the lock handle (see Pontieri, Fig. 3, #104/106).
In re Claim 16, modified GB 2588831A, in re Claim 13, teaches comprising a spring that surrounds the locking pin and biases the locking pin against the lock handle (see Pontieri, Fig. 2, #82).
In re Claim 17, modified GB 2588831A, in re Claim 13, teaches wherein the lock handle second end defines a curved cam surface (see Pontieri, Figs. 2-4, #108).
In re Claim 18, modified GB 2588831A, in re Claim 13, teaches wherein the locking pin is biased against the lock handle via an elastic member (see Pontieri, Figs. 2-4, #82) such that the locking pin first end directly contacts the cam surface (see Pontieri, Figs. 2-4, #82 contacting #108).
In re Claim 19, modified GB 2588831A, in re Claim 13, teaches wherein the cam surface is shaped and dimensioned so that when the lock handle is in the first position, the pin second end is spaced apart from the driven gear (see Pontieri, Fig. 2 showing the handle in the first position and space between #66 and #64 in view of Wolf, Fig. 2, #32/38), and when the lock handle is in the second position, the pin second end is engaged with a recess of the gear (see Pontieri, Fig. 4 in view of Wolf, Fig. 2, #32/38).
Claims 8 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over GB 2588831A in view of US 2008/0014844 to Pontieri and US 2004/0069513 to Wolf, and further in view of US 3,899852 to Batson.
In re Claim 8, modified GB 2488831A, in re Claim 1, does not teach wherein when the lock handle is in the first position, a surface of the lock handle that faces away from the support arm is recessed relative to the ridge.
However, Batson teaches that it is known in the art of spindle locks, to provide the lock handle/lever in the housing wherein a surface of the lock handle that faces away from the support arm is recessed relative to the outer housing (see Fig. 3, #120 below outer housing #20). In the same field of invention, structures for locking spindles, it would have been obvious to one of ordinary skill in the art, at the earliest effective filing date, to recess the lever of modified GB 2488831A, in re Claim 1, as taught by Batson. Doing so is the substitution of one known spindle lock arrangement for another known spindle lock arraignment to lock a beveled gear in a hand held power tool. Placing the spindle lock below the profile of the housing prevents the user from inadvertently activating the spindle lock during use, as a user grips a hand tool in various positions and locations depending on what and where he or she needs to cut.
In re Claim 15, modified GB 2588831A, in re Claim 13, does not teach wherein when the lock handle is in the first position, a surface of the lock handle that faces away from the support arm is recessed with respect to the ridge.
However, Batson teaches that it is known in the art of spindle locks, to provide the lock handle/lever in the housing wherein a surface of the lock handle that faces away from the support arm is recessed relative to the outer housing (see Fig. 3, #120 below outer housing #20). In the same field of invention, structures for locking spindles, it would have been obvious to one of ordinary skill in the art, at the earliest effective filing date, to recess the lever of modified GB 2488831A, in re Claim 1, as taught by Batson. Doing so is the substitution of one known spindle lock arrangement for another known spindle lock arraignment to lock a beveled gear in a hand held power tool. Placing the spindle lock below the profile of the housing prevents the user from inadvertently activating the spindle lock during use, as a user grips a hand tool in various positions and locations depending on what and where he or she needs to cut.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over GB 2588831A in view of US 2008/0014844 to Pontieri and US 2004/0069513 to Wolf and further in view of US 1,133,443 to Martin.
In re Claim 12, modified GB 2488831A, in re Claim 1, teaches wherein the transmission comprises an intermediate shaft that is disposed in the support arm connecting the output shaft to the gear set(see GB 2488831A, Figs. 1-8, #70), but GB 2488831A does not teach the intermediate shaft being rotatable about the output shaft axis as there is a gear set between the output shaft of the motor and shaft #70.
However, Martin teaches you can eliminate the gear set between the output of the motor and shaft #70 in GB 2488831A such that the intermediate shaft is rotatable about the output shaft axis (see Margin Figs. 1-2, #12/17).
In the same field of invention, electrical motors and the transmission of rotational energy in saws, it would have been obvious to one of ordinary skill in the art, at the earliest effective filing date to element the gear set at the output of the electrical motor of GB 2488831A such that the intermediate shaft and the output shaft are connected and rotate about the same axis, as taught by Martin. Doing so is the substation of one known electrical motor/shaft arrangement for another known electrical motor /shaft arrangement in order to transmit rotational motion to drive a saw blade (see MPEP 2143, I, B). Doing so elements the gear reduction gears and both saves cost and provides a direct drive from the motor for providing a smaller housing.
Applicant argues that that GB 2588831A fails to teach a saw in which "the support arm axis [[is]] acutely angled relative to the housing longitudinal axis," and "the electric motor including an output shaft that is rotatable about an output shaft axis, the output shaft axis being parallel to the support arm axis," as recited in claims 1 and 13.”
The Examiner respectfully disagrees. As noted above, in the annotated Figs 8A and 8C, GB does teach the support arm axis acutely angled relative to a housing longitudinal axis (see annotated Fig. 8b, above). Additionally, annotated Fig. 8C illustrates that “the output shaft axis being parallel to the support arm axis."
Applicant’s disclosure states that “The output shaft 102 of the motor 101 protrudes from the motor housing first end 103(2) and rotates about an output shaft axis 98 that is aligned with the support arm axis 13,” at Para. 0045. Axis that are aligned cannot be parallel – see discussion above in the 35 USC 112(a) rejection.
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 JONATHAN RILEY whose telephone number is (571)270-7786. The examiner can normally be reached Monday - Friday, 8:30 AM - 5:00 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, Boyer Ashley can be reached at 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 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.
/JONATHAN G RILEY/ Primary Examiner, Art Unit 3724
Prosecution Insights