CTFR 18/211,433 CTFR 88452 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Claim Rejections - 35 USC § 103 07-20-aia AIA 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 of this title, 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. 07-21-aia AIA Claim s 1 and 8-9 are rejected under 35 U.S.C. 103 as being unpatentable over USPGPUB 20190151965, Fenske, in view of USPGPUB 20020062723, Marocco . Regarding Claim 1, Fenske, discloses a shear cutting tool configured to perform a shear cutting operation on a workpiece (par 0066) by sliding a movable die (22’) relative to a stationary die (22) along a shear plane (par. 0078), the cutting tool comprising: a housing (120) that is configured to be placed on a work surface (since the housing has a bottom surface, and that surface can be placed on a surface when working on a workpiece), the housing having a first end and a second end and a base portion (see annotated fig 3 below), a hydraulic drive assembly (130) at least partially supported in the housing the hydraulic drive assembly configured to move the movable die relative to the stationary die(see par 0077); and a head assembly coupled to the housing at the second end, the head assembly including a clevis (138) configured to support the movable die and the stationary die, the clevis defining a support portion (see fig. 5, dies 22 and 22’ supported by rail 178), a plurality of extensions (253, 263) coupled to the clevis (fig 5), and a stop plate (250/252) defining a lower face (bottom, see annotated fig 3), the stop plate coupled to the plurality of extensions (fig. 38), wherein the lower face, the support portion, and the base portion at least partially define a support plane that is parallel to the work surface (even though the support surfaces are offset they are all parallel to the support place, see fig 38). PNG media_image1.png 634 631 media_image1.png Greyscale Fenske is silent as to how the hydraulic drive thereof is actuated by a user, and thus lacks the housing having a handle extending therefrom, the handle supporting a trigger; said hydraulic drive and the ram being activated by the trigger. Marocco discloses a moveable die operated shearing tool (par 0064) in the same field of endeavor as the movable die operated shearing tool of the present invention and discloses that such a system includes a housing (fig. 8, parts 100, 102, 104) having a handle 130 extending therefrom (fig. 8), the handle supporting a trigger (132); configured to activate a drive apparatus thereof (par 0093) by the trigger (par 0093). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Fenske by having the housing having a handle extending therefrom, the handle supporting a trigger; said hydraulic drive and activated by the trigger, in order to allow a user to selectively actuate the drive apparatus thereof, when so desired. Regarding Claim 8, in Fenske, the device further comprises a clamp arm (176) extending from the clevis 138 in a direction opposite the extensions (fig. 39). Regarding Claim 9, in Fenske, the clevis includes a die pocket 142 in which the stationary die is supported (par 0080), the die pocket having a plurality of walls joined at a plurality of arcuate surfaces, at least one arcuate surface of the plurality of arcuate surfaces having a different radius than at least one other arcuate surface of the plurality of arcuate surfaces (see annotated fig 35 below) . PNG media_image2.png 456 628 media_image2.png Greyscale 07-22-aia AIA Claim s 11-12 are rejected under 35 U.S.C. 103 as being unpatentable over Fenske, in view of Marocco , as applied to Claim 1 above, and further in view of USPGPUB, 20200171683, Kundracik . Regarding Claims 11-12, Fenske lacks wherein, wherein the housing includes a battery pack support portion adjacent the handle ( Claim 11 ), and wherein the hydraulic drive assembly includes a motor, a pump operably coupled to the motor, a tool bladder containing a hydraulic fluid, the tool bladder in fluid communication with the pump, a hydraulic cylinder, a piston disposed in the hydraulic cylinder and slidable relative thereto between a start position and an end position, and a ram coupled to the piston, wherein the movable die is configured to be coupled to the ram by a coupling assembly, wherein the coupling assembly includes a return arm, a return pin extending from the return arm and engageable with the movable die, and a spring configured to bias the return arm ( Claim 12 ). Kundracik discloses a moveable die operated shearing tool (abstract) in the same field of endeavor as the movable die operated shearing tool of the present invention, and discloses that such a device includes the device comprising a housing including a battery pack support portion adjacent the handle (fig. 1, par. 0040, portion of handle, adjacent bottom of handle which supports the battery), ( Claim 11), and the device further comprises wherein the hydraulic drive assembly includes a motor (see note at end of paragraph), a pump operably coupled to the motor (see note at end of paragraph), a tool bladder containing a hydraulic fluid, the tool bladder in fluid communication with the pump, a hydraulic cylinder, a piston disposed in the hydraulic cylinder and slidable relative thereto between a start position and an end position, and a ram coupled to the piston (see note at end of paragraph), wherein the movable die 110 (as seen in Kundracik, fig. 10) is configured to be coupled to the ram (see note below) by a coupling assembly (combination of parts 44, 42, 90 and 92), wherein the coupling assembly includes a return arm (44), a return pin (90) extending from the return arm (fig. 10) and engageable with the movable die (operatively) and a spring (92) configured to bias the return arm (see par 0046 and par. 0056) ( Claim 12 ). Regarding the hydraulic drive and parts associated there to: in par. 0042 of Kundracik it is shown that levers 42 and 44 are moved relative to one another to activate and move the movable die relative to the stationary die, and see par 0041 where it is disclosed that the “operation of tool 150 of the present invention is disclosed by USPN 6662621, Amherd, and see par 0084 where it is stated that Amherd, is incorporated into the disclosure of Kundracik, and see Amherd, where it is disclosed that moveable jaws 21 are driven by a hydraulic drive assembly [6 and 8] at least partially supported in the housing [fig 2] and activated by the trigger 5, the hydraulic drive assembly configured to move the movable jaws 21 relative to one another [col. 2, 40-60 of Amherd], and a motor 6, a pump 8 operably coupled to the motor [col 2, 40-65] a tool bladder containing a hydraulic fluid ‘storage supply’, the tool bladder in fluid communication with the pump [col 2, 40-65], a hydraulic cylinder 11, a piston 12 disposed in the hydraulic cylinder [col 2, 40-65] and slidable relative thereto between a start position and an end position [col 2, 40-65], and a ram 13 coupled to the piston [fig’s. 1-2]”,), in order to provide power to the device via a cordless system (par. 0007). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Fenske by having the housing include a battery pack support portion adjacent the handle ( Claim 11 ), and wherein the hydraulic drive assembly includes a motor, a pump operably coupled to the motor, a tool bladder containing a hydraulic fluid, the tool bladder in fluid communication with the pump, a hydraulic cylinder, a piston disposed in the hydraulic cylinder and slidable relative thereto between a start position and an end position, and a ram coupled to the piston, wherein the movable die is configured to be coupled to the ram by a coupling assembly, wherein the coupling assembly includes a return arm, a return pin extending from the return arm and engageable with the movable die, and a spring configured to bias the return arm ( Claim 12 , in order to provide power to the device via a cordless system as taught in Kundracik . 07-22-aia AIA Claim s 2 and 4-5 are rejected under 35 U.S.C. 103 as being unpatentable over Fenske and Marocco as applied to claim 1 above, and further in view of USPGPUB 20150033796, Collins . Regarding Claim 2 , Fenske discloses the stop plate 252 includes a strut window disposed in an axial direction of the workpiece (fig. 4, 254, and par. 0115, since the window receives the workpiece [fig , which workpiece may be an elongated strut, see par. 0115 and par. 0065) Fenske lacks wherein a distance from the support plane to the strut window in a direction normal to the support plane is about 1.625 inches. Collins discloses a moveable die operated cutting tool (par 0068) in the same field of endeavor as the die operated cutting tool of the present invention and discloses that such a system includes a support surface 212 which is disclosed to be 0.5 to 3 inches thick, in order to provide sufficient rigidity for a cutting operation (par 0068). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Fenske by having the support surfaces have the cutting window be between 0.5-3 inches, which includes the claimed range of about 1.16 inches, above the support plane, in order to provide sufficient rigidity for a cutting operation, as taught by Collins. Regarding Claim 4, in Fenske the stationary die 22 defines a cutout 30 having a workpiece profile (par 0067, and fig 7), the cutout configured to receive a strut (par 0067), the cutout having a lead edge that is closer to the hydraulic drive assembly than to an end of the head assembly (compare fig 7, to placement sown in fig 2, at least one edge of cutout is closer to drive 130), the stop plate 250/252 having a support edge 252 that is offset from the lead edge in a second direction parallel to the shear plane (fig. 3). Regarding Claim 5, in Fenske the support edge is offset in the second direction away from the hydraulic drive assembly (when in the position in fig 3) . 07-22-aia AIA Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Fenske and Marocco as applied to Claim 1 above, and further in view of the teachings of Kundracik and Healthline article on the size of hands, titled “What’s the Average Hand Size for Men, Women, and Children?” and dated Aug 7, 2019, found: https://www.healthline.com/health/average-hand-size#takeaway (hereafter, Healthline) . Regarding Claim 3, in Fenske the stop plate defines an outer face (face facing out of page in fig. 3), an interface between the movable die and the stationary die defines the shear plane (since the workpiece is sheared via the dies moving relative to one another, and sliding against one another, par 0067-0068). Fenske lacks a cutting distance from the shear plane to the outer face in a first direction along an axis of the workpiece is about 4 inches. In par. 0052 of Kundracik it is disclosed that the bracket 80 is spaced from the side plates a distance needed to allow access to the receiving regions of the frames. Also, Healthline discloses that the average breadth of human hands is known to be about 3.1 to 3.5 inches (See Healthline Article on average had size, attached, dated 2019). A noted above, Kundracik discloses that it is well-known that the distance between the plate and the shear plane is a function of allowing a user to access the space between the parts therein. Thus, because Kundracik teaches providing an access space for hands, and because it is well known that the breadth of hands is between 3.1 to 3.5 inches (as shown and disclosed in Healthline), it would have been an obvious matter of design choice to a person of ordinary skill in the art to select a range of about 4 inches for this space, because discovering an optimum distance between the parts would have been a mere design consideration based on ensuring that a user may access the space between the part 80 and the dies. Such a modification would have involved only routine skill in the art to accommodate the aforementioned requirement(s), since the modification merely requires the selection of a particular size of spacing, and since Kundracik is evidence that the recited spacing is needed for access. It has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. Thus, it would have been obvious to one of ordinary skill in the art to select a spacing between the shear plane and the outer face to be about 4 inches in order to ensure that a user is able to access the space . 07-22-aia AIA Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Fenske and Marocco as applied to claim 1 above, and further in view of USPGPUB 20240208028, Kelleher (claiming priority to provisional application 62/241,385, claiming priority to 10/14/15) . Regarding Claim 6, in Fenske as modified in view of Marocco, the handle has a rear end (see fig 8 of Marocco), the handle defining a grippable length between the trigger 132 and the rear end and configured to be gripped by a user (par 0093, of Marocco; which applied to Fenske as modified in view of Marocco), Fenske lacks the grippable length being greater than 85 millimeters. Kelleher discloses a battery powered handheld cutting tool, in the same field of endeavor as the battery powered handheld cutting tool of the present invention and discloses that such a system includes a handle having a length of 130-170mm, which is within the claimed range of greater than 85mm, in order to reduce hand fatigue related to holding such a handle having a battery attached thereto, par 0078. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Fenske by having the handle be above 85mm in length in order to reduce hand fatigue related to holding such a handle having a battery attached thereto . 07-22-aia AIA Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Fenske and Marocco as applied to claim 1 above, and further in view of USPGPUB 20100192390, McIntosh . Regarding Claim 7, Fenske lacks the shear cutting tool has a center of gravity, the handle defines a grip portion, the center of gravity positioned below the grip portion. McIntosh discloses a discloses a battery powered handheld cutting tool in the same field of endeavor as the discloses a battery powered handheld cutting tool of the present invention and discloses that such a system includes a center of gravity of the tool the handle defines a grip portion, the center of gravity positioned below the grip portion (see claim 18 of McIntosh) in order to allow the tool to hang naturally when gripped by a user during use, par 0031. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Fenske by having the tool have a center of gravity, the handle defines a grip portion, the center of gravity positioned below the grip portion in order to allow the tool to hang naturally when gripped by a user during use as taught by McIntosh . 07-22-aia AIA Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Fenske and Marocco as applied to claim 1 above, and further in view of USPGPUB 3686990, Margolien and in view of the teachings of attached Non patent literature having title: A quick guide to magnets”, September 2021, published via Eclipse magnetics (hereafter, Eclipse Magnetics). https://www.eclipsemagnetics.com/resources/guides/a-quick-guide-to-magnets-magnetic-metals-and-non-magnetic-metals/ Regarding Claim 10 Fenske lacks wherein the clevis comprises a ferrous material. Margolien discloses a powered cutting device in the same field of endeavor as the powered cutting device tool of the present invention and discloses that such a system includes a support portion 16 being magnetized in order to allow a tape measure hook to be attracted thereto, and thus allow for an accurate measurement of one portion of the device to another, and thus allow for an accurate cutting by the device (col 10. 60-70 and col 11, 1-10). Also, Eclipse magnetics discloses that it is common to make magnets out of ferrous materials, e.g. ferrite. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Fenske by having the clevis support portion thereof be magnetized, via being made of ferrous material, in order to allow for an accurate measurement of one portion of the device to another, and thus allow for an accurate cutting by the device, as taught by Margolien, and to form such a magnetic surface out of ferrous materials, in view of the teaching of Eclipse magnetics . 07-21-aia AIA Claim s 13 is rejected under 35 U.S.C. 103 as being unpatentable over USPGPUB 20100005849, College in view of Marocco . Regarding Claim 13, College discloses: a shear cutting tool configured to perform a shear cutting operation on a workpiece (par. 0036) by sliding a movable die 244 relative to a stationary die 242, the shear cutting tool comprising: a housing 214 having a first end (left in fig 6A) and a second end (right end fig. 6A), the housing having a handle extending therefrom (e.g. part 364, which may be gripped), a hydraulic drive assembly (22, 102, par 0022, and par 0041) including a ram 300, the hydraulic drive assembly at least partially supported in the housing (fig. 6A) the hydraulic drive assembly configured to move the movable die relative to the stationary die (par 0041, par 0022); a head assembly (portion of housing 214, which comprises the dies) coupled to the housing at the second end, the head assembly including a clevis (portion of head which holds the dies 244 and 242) configured to support the movable die and the stationary die, the clevis defining a support portion (fig. 6A); and a coupling assembly (310, 314, 382) coupled to the ram (fig. 4), the coupling assembly selectively engageable with the movable die (par 0042), the coupling assembly including a return arm (314), a return pin (see annotated fig. 4 below) extending from the return arm and configured to engage the movable die (see annotated fig 4 below), a shoulder bolt (312) coupling the return arm to the ram (fig 4), and a spring 340 engaging the shoulder bolt and the return arm and biasing the return arm into a lower position (par 0045). College is silent as to how the hydraulic drive thereof is actuated by a user, and thus lacks the housing having a handle extending therefrom, the handle supporting a trigger; said hydraulic drive and the ram being activated by the trigger. Marocco discloses a moveable die operated shearing tool (par 0064) in the same field of endeavor as the movable die operated shearing tool of the present invention and discloses that such a system includes a housing (fig. 8, parts 100, 102, 104) having a handle 130 extending therefrom (fig. 8), the handle supporting a trigger (132); configured to activate a drive apparatus thereof (par 0093) by the trigger (par 0093). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify College by having the housing having a handle extending therefrom, the handle supporting a trigger; said hydraulic drive and activated by the trigger, in order to allow a user to selectively actuate the drive apparatus thereof, when so desired . PNG media_image3.png 846 540 media_image3.png Greyscale 07-21-aia AIA Claim 15-16 are rejected under 35 U.S.C. 103 as being unpatentable over Kundracik in view of USPGPUB 20070193039, Onose and USPGPUB 20130241484, Kiko . Regarding Claims 15-16 , Kundracik discloses (per claim 15) a shear cutting tool (abstract) configured to perform a shear cutting operation on a workpiece (par 0044, 0036, and 0057) by sliding a movable die 110 relative to a stationary die 120 along a shear plane (plane between dies) ( par 0044, 0036, and 0057 ), the cutting tool comprising: a housing 160 having a handle 170 extending therefrom (fig. 1), the handle supporting a trigger (see first annotated fig 3 above); a head assembly 10 coupled to the housing (fig. 1), the head assembly including a cutting portion (104/110/120) and configured to support the movable die and the stationary die (par. 0045, fig. 1-2); and per Claim 16 : the stationary die and the movable die define a cutting plane at a sliding interface therebetween (par 0045). Kundracik lacks Feature I: a worklight supported in the housing adjacent the head assembly and configured to direct light toward the stationary die or the movable die ( claim 15 ), and the worklight is a first worklight disposed on a first side of the cutting plane, and the shear cutting tool further comprises a second worklight supported in the housing on a second side of the cutting plane opposite the first side Claim 16 . And feature II wherein depressing the trigger to the first depressed position activates a first operational mode of the shear cutting tool that includes operation of the worklight without initiating movement of the movable die, and depressing the trigger to the second depressed position activates a second operational mode of the shear cutting tool that includes operation of the worklight and initiating movement of the movable die ( Claim 15). Regarding Feature I: Onose discloses a handheld power cutting tool in the same field of endeavor as the a handheld power cutting tool of the present invention and discloses that such a system includes a lighting device (53) comprising a worklight 53 supported in a housing 2 adjacent a head assembly 41 and configured to direct light toward a cutting tool 42 (claim 15): and the worklight 53 is a first worklight disposed on a first side of a cutting plane (fig. 4), and the cutting tool further comprises a second worklight 54 supported in the housing on a second side of the cutting plane opposite the first side (fig 4) in order to sufficiently light a working cutting tool used in a dark setting (par. 0032) (per Claim 16 ). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Kundracik by adding per claim 15 a worklight supported in the housing adjacent the head assembly and configured to direct light toward the stationary die or the movable die and per claim 16: the worklight is a first worklight disposed on a first side of the cutting plane, and the shear cutting tool further comprises a second worklight supported in the housing on a second side of the cutting plane opposite the first side in order to sufficiently light a working cutting tool used in a dark setting, as disclosed by Onose. Regarding Feature II, of wherein depressing the trigger to the first depressed position activates a first operational mode of the shear cutting tool that includes operation of the worklight without initiating movement of the movable die, and depressing the trigger to the second depressed position activates a second operational mode of the shear cutting tool that includes operation of the worklight and initiating movement of the movable die. Kiko discloses a handheld connector handle for an electric car charger, which is involved with the same technical problem/solution of lighting a work surface adjacent to a tool head as the present invention and discloses that in such an assembly: a trigger (actuator 56) is present which trigger includes the function of depressing the trigger to a first depressed position (“second position” of par 0041) to activate a first operational mode of the tool that includes operation of a worklight/LED without initiating a main tool functionality (e.g. of unlocking a latch state of the device to connect to a car, par 0041m and fig 7) and then depressing the trigger 56 to a second depressed position (“third position” disclosed oar 0041); activates a second operational mode of the tool that includes operation of the worklight and initiating a work state of the device (e.g. initiating as latching state, see fig 7), in order to provide a light in a darkened environment to a user to allow the user to better position the device before operation in unlatched position; par 0041, and fig 7A. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Kundracik by including wherein depressing the trigger to the first depressed position activates a first operational mode of the shear cutting tool that includes operation of the worklight without initiating movement of the movable die, and depressing the trigger to the second depressed position activates a second operational mode of the shear cutting tool that includes operation of the worklight and initiating movement of the movable die, in order to provide a light in a darkened environment to a user to allow the user to better position the device before operation, as taught by Kiko . 07-21-aia AIA Claim s 17-18 are rejected under 35 U.S.C. 103 as being unpatentable over Kundracik in view of Onose/Kiko (applied to Claim 15 above) and in view of USPN 3848291 Morse . Regarding Claims 17-18 , modified Kundracik lacks per claim 17 , wherein the trigger is a dual stage trigger that is depressible from a disengaged position to a first depressed position and to a second depressed position, wherein depressing the trigger to the first depressed position activates a first operational mode of the shear cutting tool and depressing the trigger to the second depressed position activates a second operational mode of the shear cutting tool; And per claim 18 wherein the first operational mode includes operation of the worklight without initiating movement of the movable die, and wherein the second operational mode includes initiating movement of the movable die. Morse discloses a selectively powered light illuminated power tool, in the same field of endeavor as the selectively powered light illuminated power tool of the present invention and involved with the same problem of selectively lighting a work surface, and discloses that such a system includes per claim 17 , a trigger 22 being a dual stage trigger (col. 5, 1-15) that is depressible from a disengaged position to a first depressed position and to a second depressed position (col. 5, 1-15), wherein depressing the trigger to the first depressed position activates a first operational mode of the shear cutting tool and depressing the trigger to the second depressed position activates a second operational mode of the shear cutting tool (col. 5, 1-15) ; And per claim 18 wherein the first operational mode includes operation of the worklight without initiating movement of the movable die, and wherein the second operational mode includes initiating movement of the movable die (col. 5, 1-15). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Kundracik by including per claim 17 , wherein the trigger is a dual stage trigger that is depressible from a disengaged position to a first depressed position and to a second depressed position, wherein depressing the trigger to the first depressed position activates a first operational mode of the shear cutting tool and depressing the trigger to the second depressed position activates a second operational mode of the shear cutting tool; And per claim 18 wherein the first operational mode includes operation of the worklight without initiating movement of the movable die, and wherein the second operational mode includes initiating movement of the movable die in order to light a work surface prior to operating the tool and to save battery by only using the light when needed prior to activating the device to perform its main function . 07-21-aia AIA Claim s 19 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Kundracik in view of Onose and Kiko (applied to Claim 15 above) and in view of USPGPUB 20160268068, Chiasson . Modified Kundracik lacks the apparatus havin g per claim 19 the shear cutting tool further comprising a trigger lock supported in the handle, the trigger lock movable between a locked position and an unlocked position, the trigger lock preventing depressing of the trigger when the trigger lock is in the locked position, and per claim 20 , the trigger lock is slidable between the locked and unlocked positions. Chiasson shows a handheld powered tool, in the same field of endeavor as the handheld powered tool of the present invention and discloses that such a system includes per claim 19 the shear cutting tool further comprising a trigger lock (12, fig. 3) supported in a handle 116 the trigger lock movable between a locked position (when the button is pressed) and an unlocked position (position in fig. 3, when the button is not pressed into the body), the trigger lock preventing depressing of the trigger when the trigger lock is in the locked position (par 0067), and per claim 20 , the trigger lock is slidable between the locked and unlocked positions in order to prevent inadvertent activation of the tools (par. 0008). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Kundracik by including per claim 19 the shear cutting tool further comprising a trigger lock supported in the handle, the trigger lock movable between a locked position and an unlocked position, the trigger lock preventing depressing of the trigger when the trigger lock is in the locked position, and per claim 20 , the trigger lock is slidable between the locked and unlocked positions in order to prevent inadvertent activation of the tools as taught in Chiasson . Allowable Subject Matter 12-151-08 AIA 07-43 12-51-08 Claim 14 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. 13-03-01 AIA The following is a statement of reasons for the indication of allowable subject matter: The following is an examiner’s statement of reasons for allowance: The closest prior art of record are USPN and USPGPUB , which teach various aspects of a shear assembly having the features as set forth above. However, none of the references, alone or in combination, disclose that the shearing apparatus comprises: a return arm including a counterbore extending from an outer face of the return arm, the shoulder bolt disposed in the counterbore, the shoulder bolt having a bolt head that is substantially flush with or recessed in the counterbore, the spring disposed in the counterbore and engaging the bolt head, as required by Claim 14, in addition to all of the features of Claim 13. Furthermore, none of these references by themselves or in combination with the other prior art cited teach the claimed invention set forth in claim 14 . Response to Arguments Applicant’s arguments, see remarks, filed 1/20/26, with respect to indefiniteness rejections have been fully considered and are persuasive. Applicant has amended the claims to overcome the previous antecedent basis and indefineteness issues. Thus, the 35 USC 112 rejections have been withdrawn. Applicant’s arguments, see remarks, filed 1/20/26, with respect to claim objections have been fully considered and are persuasive. Applicant has amended the claims in accordance with examiner’s suggestions, rendering the objections moot. Thus, the Claim objections have been withdrawn. Applicant’s arguments, see remarks, filed 1/20/26, with respect to prior art rejections, as the claims are presently amended, have been fully considered and are persuasive. Applicant correctly notes that Kundracik lacks a housing that is configured to be “placed on a work surface…wherein the lower face, the support portion, and the base portion at least partially define a support plane that is parallel to the work surface” due to the presence of the handle on Kundracik. (claim 1), and the Kundracik lacks the pin engaging the movable die (the part 90, does not engage the die), (Claim 13) and the Onose lacks the newly added feature of Amended Claim 14 of “depressing the trigger to the first depressed position activates a first operational mode of the shear cutting tool that includes operation of the worklight without initiating movement of the movable die, and depressing the trigger to the second depressed position activates a second operational mode of the shear cutting tool that includes operation of the worklight and initiating movement of the movable die”. Thus, a new rejection is made over Fenske, and Kiko. Conclusion 07-40 AIA 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 FERNANDO A AYALA whose telephone number is (571)270-5336. The examiner can normally be reached Monday-Friday 9am-5pm Eastern standard. 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 on 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. 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If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /FERNANDO A AYALA/Examiner, Art Unit 3724 /BOYER D ASHLEY/Supervisory Patent Examiner, Art Unit 3724 Application/Control Number: 18/211,433 Page 2 Art Unit: 3724 Application/Control Number: 18/211,433 Page 3 Art Unit: 3724 Application/Control Number: 18/211,433 Page 4 Art Unit: 3724 Application/Control Number: 18/211,433 Page 5 Art Unit: 3724 Application/Control Number: 18/211,433 Page 6 Art Unit: 3724 Application/Control Number: 18/211,433 Page 7 Art Unit: 3724 Application/Control Number: 18/211,433 Page 8 Art Unit: 3724 Application/Control Number: 18/211,433 Page 9 Art Unit: 3724 Application/Control Number: 18/211,433 Page 11 Art Unit: 3724 Application/Control Number: 18/211,433 Page 12 Art Unit: 3724 Application/Control Number: 18/211,433 Page 13 Art Unit: 3724 Application/Control Number: 18/211,433 Page 14 Art Unit: 3724 Application/Control Number: 18/211,433 Page 15 Art Unit: 3724 Application/Control Number: 18/211,433 Page 16 Art Unit: 3724 Application/Control Number: 18/211,433 Page 17 Art Unit: 3724 Application/Control Number: 18/211,433 Page 18 Art Unit: 3724 Application/Control Number: 18/211,433 Page 19 Art Unit: 3724
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