Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
DETAILED ACTION
Claim Objections
Claim 2 is objected to because of the following informalities: The limitation reading “wherein the die removable from the drive casing through an open end of the drive casing” should read: “wherein the die is removable from the drive casing through an open end of the drive casing”.
Claim 17 is objected to because of the following informalities: The limitation reading “wherein the die removable from the drive casing through an open end of the drive casing” should read: “wherein the die is removable from the drive casing through an open end of the drive casing”.
Appropriate correction is required.
Claim Rejections - 35 USC § 102
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.
Claims 1-3, 6, 9, 11-12, 14, 16-20, and 23-35 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by USPGPUB 20190151965, Fenske.
Regarding Claim 1, Fenske discloses a shearing tool (abstract) for shearing a strut channel (workpiece, which may be a strut having a channel, par 0022), the shearing tool comprising:
a housing (122);
a drive casing (158) coupled to the housing (fig 1);
an output (force transmitting apparatus 126/136) movable along a longitudinal axis relative to the drive casing between an extended position and a retracted position (par. 0077);
a die 22’ including a front face (into page, fig 34), a rear face opposite the front face (out of page, fig. 34), a first bore 40 extending through the front and rear faces, a second bore 40 extending through the front and rear faces (fig. 34), a cutout 30 extending through the front and rear faces, the cutout configured to receive the strut channel therethrough (par 0074); and
a die retaining mechanism (126, 128, 190, 192) movable between a locked configuration (fig 38), in which the die retaining mechanism couples the die to the output for movement therewith between the extended position and the retracted position (fig 7), and an unlocked configuration (par. 0087), in which the die is removable from the drive casing, wherein the die retaining mechanism is movable from the locked configuration to the unlocked configuration without the use of tools (par 0087), wherein the die retaining mechanism includes a die retaining pin 190, and wherein the die is reversible such that the die retaining pin is received in the first bore when the die is in a first orientation and received in the second bore when the die is in a second orientation (fig 34, since the pin 190 is disclosed to be received by either of the opening s 40).
Regarding Claim 2, in Fenske the die [is] removable from the drive casing through an open end (156) of the drive casing (par 0088).
Regarding Claim 3, in Fenske the open end (156) is disposed opposite the output (126, 136, fig 5).
Regarding Claim 6, in Fenske the die retaining pin is withdrawn from the first bore and the second bore when retaining mechanism is in the unlocked configuration (since neither bore is engaged when the part 190 is not in the locked positioning; see par. 0088).
Regarding Claim 9, in Fenske the die retaining pin (190) is supported on an arm 182 pivotally coupled to the output (par 0089).
Regarding Claim 11, in Fenske the cutout 30 includes a back receiving portion (see annotated fig 34 below) configured to receive a back side of the strut channel, side receiving portions extending from the back receiving portion and configured to receive opposite sides of the strut channel (see annotated fig 34 below), and hook-shaped lip receiving portions configured to receive lips of the strut channel (see annotated fig 34 below).
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Regarding Claim 12, in Fenske the back receiving portion and the side receiving portions define a first width (see annotated fig 34 below), and wherein the lip receiving portions define a second width greater than the first width (see annotated fig 34 below).
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Regarding Claim 14, in Fenske the die includes chamfers formed in the front face of the die on both inner and outer sides of the cutout (see annotated fig 34 below). (see annotated fig 34 below).
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Regarding Claim 16, Fenske discloses a shearing tool (abstract) for shearing a strut channel (par 0022), the shearing tool 120 comprising:
a housing 122; a drive casing 158 coupled to the housing (fig 1);
an output (force transmitting apparatus 126/136) movable along a longitudinal axis relative to the drive casing between an extended position and a retracted position (par 0077);
a die 22/22’ including a front face (face facing into page in fig 34), a rear face opposite the front face (face facing out of the page in fig 34), a cutout 30 extending through the front and rear faces (fig 34), the cutout configured to receive the strut channel therethrough (par 0074); and
a die retaining mechanism (126, 128, 190, 192) movable between a locked configuration, in which the die retaining mechanism couples the die to the output for movement therewith between the extended position and the retracted position (fig 38 and par. 0087), and an unlocked configuration, in which the die is removable from the drive casing, wherein the die is reversible relative to the drive casing such that the die is coupleable to the output via the die retaining mechanism (par. 0087) in both a first orientation and a second orientation (since either/both of the holes 40 are disclosed as being alternately connectible to the die retaining mechanism and these parts are on different sides of the die).
Regarding Claim 17, in Fenske the die (is) removable from the drive casing through an open end 156 of the drive casing opposite the output (par 0088, and fig 1 and fig 5).
Regarding Claim 18, in Fenske the die includes a first bore extending through the front face and the rear face (bore 40, on left of fig. 24), and a second bore extending through the front face and the rear face (bore 40, on right of fig. 24), and wherein the first bore and the second bore are symmetrical about the longitudinal axis (fig 34).
Regarding Claim 19, in Fenske the die retaining mechanism includes a die retaining pin 190 received in the first bore 40 when the die retaining mechanism is in the locked configuration and the die is in the first orientation (par. 0087-0088) and received in the second bore when the die retaining mechanism is in the locked configuration and the die is in the second orientation (since either/both of the holes 40 are disclosed as being alternately connectible to the die retaining mechanism and these parts are on different sides of the die).
Regarding Claim 20, Fenske discloses: A die 22/22’ for shearing a strut channel (abstract, par 0022), the die comprising:
a front face (face facing into page in fig 34), a rear face opposite the front face (face facing out of the page in fig 34), a cutout 30 extending through the front and rear faces (fig 34), the cutout including a back receiving portion configured to receive a back side of the strut channel, side receiving portions extending from the back receiving portion and configured to receive opposite sides of the strut channel, and lip receiving portions configured to receive lips of the strut channel, wherein the die includes chamfers formed in the front face of the die on both inner and outer sides of the cutout (see annotated figs 34 below).
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Regarding Claim 21, in Fenske the back receiving portion and the side receiving portions define a first width, and wherein the lip receiving portions define a second width greater than the first width (see annotated fig 34 below).
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Regarding Claim 24, in Fenske, wherein the die retaining mechanism is biased toward the locked position (par 0087, via spring 192).
Regarding Claim 25, in Fenske, the output includes a shoulder abutting a drive side of the die (see annotated fig 5 below), and wherein the die retaining mechanism includes an arm (fig. 38, 182) coupled to the output (as seen in fig 1, where part 182 is coupled to part 136) and a die retaining pin extending from the arm (fig 38), and wherein the arm is biased toward the die by a spring (192, par. 0087).
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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 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.
Claims 13, 15, 22, and 23 are rejected under 35 U.S.C. 103 as being unpatentable over Fenske as applied to Claims 12, 14, and 20-21 above, and further in view of the teachings of Fenske.
Regarding Claims 13, 15, and 22-23, Fenske lacks the apparatus wherein the second width is between 45% and 75% greater than the first width (claims 13 and 22), and wherein the chamfers define an included angle relative to the front face of the die between 30 degrees and 60 degrees (claims 15 and 23).
Regarding Claims 13, 15, and 22-23, and specifically, in regards to the widths and the angles of the chamfers, Fenske discloses that the shape of the cutout in the dies of Fenske could be made of various shapes in order to conform to different sized workpieces. Also, the changing of a shape of an element of an invention was held to be in the realm of design choice to one of ordinary skill in the art, see In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966), and MPEP 2144.04-IV.B. Thus, it would have been an obvious matter of design choice to a person of ordinary skill in the art to select various widths and chamfer angles in the cutout portion of Fenske, including the claimed widths and angles of chamfers, in order to accommodate workpieces of different shapes, e.g. those including the claimed angles and chamfers, in view of the teachings of Fenske, to accommodate several differently sized work pieces and since it has been held that such a change in size and shape is in the realm of design choice to one of ordinary skill in the art.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. USPN/USPGPUB 2063968, 4055096, 2884063, 6089134, 18211433, 20230405692, 3391591, 20200171683A1, 20150033796, 20050000345, 3664221, 20230405789, D1012142, 6758120, 4218946, 5142958, 6167789, 20050166740, 20050072283, 2695059, and 1986633, disclose state of the art shear mechanisms having displaceable dies, and thus, each of these references disclose elements relevant to the present invention/application.
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.
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/FERNANDO A AYALA/Examiner, Art Unit 3724
/BOYER D ASHLEY/Supervisory Patent Examiner, Art Unit 3724