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 .
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-3,8,14,16-17, 19, 22-23 and 36-41 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Workman (US 2021/0147113) and as evidenced by Crawford (US 2007/026251).
Regarding claim 1, Workman shows a system comprising a guide rail assembly having at least one guide rail (see a lid 1690, Figures 16A, 16B that is considered as a rail since it has two parallel longitudinal edges. What is the constitution of Applicant’s rail?), which is provided for guiding a hand-held power tool (see the two parallel longitudinal edges for guiding a hand-held power tool, such as a power knife as evidenced by Crawford’s Figure 1), has an elongate shape and extends along a longitudinal axis (Figures 16A, 16B),
wherein the guide rail has, on mutually opposite sides (see two parallel longitudinal edges of the lid 1690), a contact face for the guide rail to rest on a workpiece (the bottom side of the lid) and a guide face (the top face) in front of which a longitudinal guide face extending along the respective longitudinal axis for guiding the hand-held power tool protrudes parallel to the longitudinal axis (for example, the knife can be from a top and extends along the two parallel longitudinal edges or the opening 1692), and
wherein the system comprises a carrying device (container 1600, Figure 16B, for carrying many tools) having a carrying body (container) and a carrying handle (1620) located on the carrying body to be grasped by an operator,
wherein the guide rail, for a connection to the carrying device, has form-fitting contours (the opening contours 1692, Figure 16B) which can be brought into engagement with mating form-fitting contours of the carrying device (the handle contours, Figure 16A), so that the guide rail can be carried by an operator using the carrying handle, and
wherein the at least one guide rail is a single-piece body having has a through-opening (1692) formed between two fixed longitudinal sides of the single-piece body for the carrying handle, said through- opening extending between the two mutually opposite sides of the guide rail and having a form-fitting length and a form-fitting width substantially respectively matching a length and width of the carrying handle (see Figure 16A), and
wherein the carrying handle of the carrying device is insertable through the through-opening of the guide rail to secure the at least one guide rail to the carrying body, (Figure 16A), whereby the carrying handle protrudes through the through-opening for grasping by the operator, and
wherein the carrying body has a support face for the planar support of the guide rail (see perimeter stop 1682 and a planar edges 1618, Figure 20C), the support face surrounding the carrying handle on opposite sides of the carrying handle along the longitudinal axis and on opposite sides of the carrying handle transversely to the longitudinal axis so that the guide rail rests substantially centrally on the carrying device (see Figure 16A).
Regarding claims 2, 36, Workman shows the system as stated in claim 1 above, comprising “a guide rail assembly having at least one guide rail and a carrying device for carrying the at least one guide rail,
the at least one guide rail having an elongate shape and extending along a longitudinal axis for guiding a hand-held power tool,
wherein the guide rail has, on mutually opposite sides, a contact face for the guide rail to rest on a workpiece and a guide face in front of which a longitudinal guide face extending along the respective longitudinal axis for guiding the hand-held power tool protrudes parallel to the longitudinal axis, and
wherein the carrying device has a carrying body and a carrying handle located on the carrying body to be grasped by an operator, wherein the guide rail, for a connection to the carrying device, has form-fitting contours which can be brought into engagement with mating form-fitting contours of the carrying device, so that the guide rail can be carried by an operator using the carrying handle, and
wherein the guide rail protrudes from opposite sides of the carrying device when the guide rail is connected to the carrying device (see Figures 16A, 16B), and
wherein the form-fitting contours of the carrying device and the mating form-fitting contours of the guide rail prevent movement of the guide rail in a direction of the longitudinal axis and further prevent movement of the guide rail in a direction transverse to the longitudinal axis when the carrying device and the guide rail are connected to each other (see Figure 16A)”. See all of the limitations as stated in claim 1 above,
wherein the carrying device has a support face for the planar support of the guide rail (see the discussion in claim 1 above).
Regarding claim 3, Workman shows that the guide rail has “a through-opening for the carrying handle, said through-opening extending between the two mutually opposite sides of the guide rail, and wherein the carrying handle of the carrying device is insertable through the through-opening of the guide rail” (see the discussion in claim 1 above).
Regarding claim 8, Workman shows that the distance between the two fixed longitudinal sides of the single-piece body is non-adjustable (see the lid 1690, Figure 16B), and wherein the carrying handle protrudes in front of the guide face or the contact face between the two fixed longitudinal sides of the single-piece body when the carrying device is connected to the guide rail (see Figure 16A).
Regarding claim 14, Workman shows that the carrying handle protrudes in front of the contact face or the guide face approximately at right angles when the guide rail is connected to the carrying device (see Figure 16A).
Regarding claim 16, Workman shows that a reach-through opening is formed between a handle portion of the carrying handle (for receiving a user’s hand) and the guide rail when the carrying handle is inserted through the through-opening and/or the guide rail is connected to the carrying device, the reach-through opening being configured for grasping the handle portion with a hand of an operator (see Figure 16A).
Regarding claim 17, Workman shows that the carrying handle is insertable through the through-opening along an insertion axis extending at an angle to the longitudinal axis of the guide rail (see Figures 16A, 16B, the lid is inserted from a top of handle).
Regarding claim 19, Workman shows that the carrying device and the guide rail can be connected to each other by means of the form-fitting contours and the mating form-fitting contours in such a way that the carrying handle cannot be pivoted and/or displaced with respect to the guide face when the carrying device and the guide rail are connected to each other (see Figure 16A, the handle cannot be pivoted).
Regarding claims 22-23, Workman shows that the carrying body comprises a transport container with a location space for objects (see Figure 16B), or is represented by a transport container, the carrying handle being provided and designed for carrying the transport container, wherein the carrying handle is located on a top side of the transport container (see Figure 16B).
Regarding claim 37, Workman shows that the carrying handle of the carrying device has an elongate shape extending parallel to the longitudinal axis of the guide rail when the guide rail is connected to the carrying device (see Figures 16A, 16B).
Regarding claim 38, Workman shows a system including:
a carrying device (1600, Figure 16B);
a hand-held power tool (as this is written, it is unclear what the hand-held power tool is since it is not provided any further structures, therefore, a divider 250 having a knife edge or blade 264 as disclosed in Para. 96 and Figure 2F and a tool 287; see Para. 97 “ tool 287 comprises a power source….a joint knife, a putty knife, a plaster knife, a mud knife, a taping knife, a spackle knife, or the like. In some embodiments, tool 287 comprises a chisel or chisel edge. In some embodiments, tool 287 comprises a wire brush or a plurality of wire bristles” that meets the constitution of the hand-held power tool) contained within the carrying device; and
a guide rail assembly (the lid 1690) having at least one guide rail supported on the carrying device (see Figures 16A, 16B), the at least one guide rail having an elongate shape and extending along a longitudinal axis for guiding the hand-held power tool (see the discussion in claim 1 above),
wherein the guide rail is a single-piece body and has, on mutually opposite sides, a contact face for the guide rail to rest on a workpiece and a guide face in front of which a longitudinal guide face extending along the respective longitudinal axis for guiding the hand-held power tool protrudes parallel to the longitudinal axis (see the discussion in claim 1 above), and
wherein the carrying device has a carrying body (the container) and a carrying handle located on the carrying body to be grasped by an operator (see Figures 16A, 16B), and
wherein the guide rail, for a connection to the carrying device, has form-fitting contours which can be brought into engagement with mating form-fitting contours of the carrying device, and wherein the contact face of the guide rail rests on the carrying body when the guide rail is connected to the carrying device in a transport position and is removed from the carrying body when used with the hand-held power tool (see Figures 16A, 16b and the discussions of all claims above), and
wherein the carrying body has a support face for the planar support of the guide rail, the support face surrounding the carrying handle on opposite sides of the carrying handle along the longitudinal axis and on opposite sides of the carrying handle transversely to the longitudinal axis so that the guide rail rests substantially centrally on the carrying device (see claims 1-2 above) and
wherein the form-fitting contours of the guide rail comprise a through-opening (1692 Figure 16B) formed in the guide rail, wherein the through-opening is sized to prevent movement of the carrying handle in the direction of the longitudinal axis when the carrying handle is inserted in the through-opening.
Regarding claims 39-40, Workman shows that the support face is located on a top side of the carrying body (see portions 1618, Figure 16B),
the longitudinal sides of the at least one guide rail extend parallel to the longitudinal axis and have a constant distance from each other in a direction transverse to the longitudinal axis (see the lid 1690, Figure 16B), and wherein the through-opening is located substantially in the center of the contact face and/or the guide face of the guide rail (see the opening 1692, Figure 16B).
Regarding claim 41, Workman shows that the at least one guide rail is designed as a single piece (see the lid 1690, Figure 16B) and wherein the longitudinal sides of the at least one guide rail extend parallel to the longitudinal axis and have a fixed constant distance from each other in a direction transverse to the longitudinal axis, and wherein the form-fitting contours of the guide rail comprise a through-opening is-located substantially in the center of the contact face and/or the guide face of the guide rail, wherein the through-opening is sized to prevent movement of the guide rail in the direction of the longitudinal axis and in the direction transverse to the longitudinal axis when the carrying handle is inserted in the through-opening (see Figure 16A).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 9-10, 18 are rejected under 35 U.S.C. 103 as being unpatentable over
Workman (US 2021/0147113) and as evidenced by Crawford (US 2007/026251) in view of Huang (US 8714355).
Regarding claim 9, Workman shows all of the limitations as stated above including that the carrying handle is mounted at the carrying body, but not pivoting between an operative position, in which the carrying handle protrudes in front of the carrying body, and an inoperative position, in which the carrying handle is moved closer towards the carrying body than in the operative position.
Huang shows a carrying device (storage, Figure 1) having a handle (30) connecting a pivot base via a pin (34) for an operative position (for carrying), in which the carrying handle protrudes in front of a carrying body of the carrying device, and an inoperative position (not for carrying), in which the carrying handle is moved closer towards the carrying body than in the operative position (Figures 1 and 6).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to have modified mounts of the handle of Workman to be pivotally, as taught by Huang, in order to allow the handle folding if it is not in use to carry the container.
Regarding claim 10, the modified device system of Workman the guide rail holds the carrying handle in the operative position when the guide rail and the carrying device are connected to each other (see Figures 16A, 16B, while the handle is up for carrying, the lid is secured).
Regarding claim 18, the modified device system of Workman shows that the through-opening has an elongate shape and a length of the through-opening between its longitudinal ends is dimensioned such that the carrying handle is pivotable about a pivot axis extending at an angle to the longitudinal axis in order to bring the carrying handle into or out of engagement with the through- opening (see the modification above with Huang’s reference and see Workman’s handle, Figures 16A, 16B).
Response to Arguments
Applicant’s arguments with respect to claims have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. See the new art above.
Examiner has offered the Examiner’s amendment to overcome the art rejections by the art, however, Applicant rejected the Examiner’s amendment.
If Applicant has any questions reconsidering the Examiner’s amendment or any amendments to overcome the rejections above, Applicant should feel free to call the Examiner any time to float ideas on how to amend the claims.
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 NHAT CHIEU Q DO whose telephone number is (571)270-1522. The examiner can normally be reached 8AM-5PM EST.
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/NHAT CHIEU Q DO/Primary Examiner, Art Unit 3724 7/28/2026
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