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 .
Election/Restrictions
Applicant's election with traverse of Species A, Figs. 2-4, 6 and 7, claims 1-6, 9-16, 19 in the reply filed on 12/10/2025 is acknowledged. The traversal is on the ground(s) that many of the claims are generic to both Species A and B. This is not found persuasive because the claimed species are mutually exclusive in that the limitations defining each species cannot be simultaneously met. As such the species are directed to patentably distinct inventions requiring separate consideration, and a search of one species would not render a complete search of the other.
The requirement is still deemed proper and is therefore made FINAL.
Claims 7-8 and 17-18 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected species, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 12/10/2025. Upon the allowance of a generic claim, applicant will be entitled to consideration of claims to additional species which depend from or otherwise require all the limitations of an allowable generic claim as provided by 37 CFR 1.141.
Specification
Applicant is reminded of the proper content of an abstract of the disclosure.
A patent abstract is a concise statement of the technical disclosure of the patent and should include that which is new in the art to which the invention pertains. The abstract should not refer to purported merits or speculative applications of the invention and should not compare the invention with the prior art.
If the patent is of a basic nature, the entire technical disclosure may be new in the art, and the abstract should be directed to the entire disclosure. If the patent is in the nature of an improvement in an old apparatus, process, product, or composition, the abstract should include the technical disclosure of the improvement. The abstract should also mention by way of example any preferred modifications or alternatives.
Where applicable, the abstract should include the following: (1) if a machine or apparatus, its organization and operation; (2) if an article, its method of making; (3) if a chemical compound, its identity and use; (4) if a mixture, its ingredients; (5) if a process, the steps.
Extensive mechanical and design details of an apparatus should not be included in the abstract. The abstract should be in narrative form and generally limited to a single paragraph within the range of 50 to 150 words in length.
See MPEP § 608.01(b) for guidelines for the preparation of patent abstracts.
The abstract of the disclosure is objected to because there appears to be a misplaced period in the second sentence. “A fastening section is provided. which is designed”. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 19 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 19 recites, “The clamping device of claim 1 in combination with the circular saw.” The preamble is still to the clamping device. It is unclear if the Applicant is trying to claim the combination of the clamping device with the circular saw. In some instances, when the combination is desired, the claims are set forth as -- A circular saw … comprising the clamping device of claim 1.-- or similar.
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, 2, 4, 11-15, 16, 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Howard (NZ 567847).
In regards to claim 1, Howard discloses a clamping device (e.g. insert 105) for clamping a workpiece to a circular saw, the circular saw including a saw blade having an outer circumference and the circular saw including a support surface having a saw slot (e.g. 105 is aligned with one of the slots 107 in the base 111; see Figure 1a) defined in the support surface by a delimiting rim (the saw blade is not being positively claimed), the clamping device (guide insert 105) comprising: a fastening section (locking means 215) including one or more retaining sections (snap clip locks 217a/217b) configured to fasten the clamping device within the saw slot of the circular saw in a force-locked and/or form-fitting manner (snap lock); a tensioning section (structure above 215; fig. 2a) connected to the fastening section (locking means 215) and including one or more workpiece clamping elements (e.g. locking means 219a/219b) configured to clamp the workpiece (the sides of 219a/219b that face the base 111 are configured to engage the workpiece ); wherein the fastening section (215) and/or the tensioning section (structure above 215; fig. 2a) form a receiving space (guiding means 201 and space between 207a/207b and 211a/211b) configured to receive at least a section of the outer circumference of the saw blade (not positively claimed); and wherein the one or more retaining sections (snap clip locks 217a/217b) are located on one or both sides of the receiving space (guiding means 201 and space between 207a/207b and 211a/211b; fig. 2b)
In regards to claim 2, Howard discloses wherein the one or more retaining sections (snap clip locks 217a/217b) are configured to fasten the clamping device on the delimiting rim of the saw slot (snap clip locks 217a/217b allow it to snap lock into a locking recess within the slot of the miter box).
In regards to claim 4, Howard discloses wherein: the fastening section (215) includes a spring (e.g. one flexible clips 217a or 217b) configured to move the one or more retaining sections (e.g. the other of flexible clips 217a or 217b) from an unlocked position to a locked position and to bias the one or more retaining sections in a direction from the unlocked position toward the locked position with a preloading force when the one or more retaining sections are in the locked position.
In regards to claim 11, Howard discloses wherein: the fastening section (215) includes a support surface; the tensioning section (above 215) includes a transverse surface extending transversely to a workpiece clamping direction; and the support surface of the fastening section abuts the transverse surface of the tensioning section when the clamping device is in a workpiece clamping position (fig. 2a).
In regards to claim 12, Howard discloses wherein: the tensioning section includes two spaced-apart necks (211a/211b) disposed on opposite sides of the receiving space, and a connecting element (between 211a/b and 217a/217b) interconnecting the two spaced-apart necks at a lower end area of the receiving space.
In regards to claim 13, Howard discloses wherein: the one or more workpiece clamping elements (219a/219b) of the tensioning section includes two workpiece clamping elements disposed on opposite sides of the receiving space (201), each of the two workpiece clamping elements including a front workpiece clamping surface facing away from the fastening section.
In regards to claim 14, Howard discloses wherein: the front workpiece clamping surface is inclined in a workpiece clamping direction (chamfered at 207a/207b both along 201 and perpendicular to 201 across the face of 219a/219b; fig. 2a)
In regards to claim 16, Howard discloses comprising: a second tensioning section (one of 217a) connected to the fastening section on an opposite end (in the left-right direction of Fig. 2b) of the fastening section from the first mentioned tensioning section (e.g. one of 217b).
In regards to claim 19, as best understood, Howard discloses in combination with the circular saw (miter box is to be used with a saw blade), wherein: the fastening section of the clamping device is secured in the saw slot and the receiving space is disposed at least in part in the saw slot.
Claims 1-10, 12-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Howard (NZ 567847)
In regards to claim 1, Howard discloses a clamping device (401; fig. 1A) for clamping a workpiece to a circular saw, the circular saw including a saw blade having an outer circumference and the circular saw including a support surface having a saw slot defined in the support surface by a delimiting rim (the saw blade is not claimed subject matter and “saw slot” does not necessitate that a saw blade is being received in the slot, rather it can be a naming convention for the slot; for example as annotated below), the clamping device comprising:
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a fastening section (401) including one or more retaining sections (405/ near 124; fig. 1b) configured to fasten the clamping device within the saw slot of the circular saw in a force-locked and/or form-fitting manner (e.g. screws that engage 124); a tensioning section (125) connected to the fastening section (401) and including one or more workpiece clamping elements (125/125) configured to clamp the workpiece; wherein the fastening section (401) and/or the tensioning section (125/125) form a receiving space (area between 125/125) configured to receive at least a section of the outer circumference of the saw blade; and wherein the one or more retaining sections (405/ near 124; fig. 1b) are located on one or both sides of the receiving space (area between 125/125).
In regards to claim 2, Howard discloses wherein the one or more retaining sections (405) are configured to fasten the clamping device on the delimiting rim of the saw slot.
In regards to claim 3, Howard discloses comprising: at least one operating element (121/122) coupled to the fastening section such that the one or more retaining sections (119) can be moved between a locked position and an unlocked position by the operating element, the one or more workpiece clamping elements (125) being movable into clamping engagement with the workpiece when the operating element (121/122) is in the unlocked position.
In regards to claim 4, Howard discloses wherein: the fastening section (401) includes a spring (409) configured to move the one or more retaining sections (405) from an unlocked position to a locked position and to bias the one or more retaining sections in a direction from the unlocked position toward the locked position with a preloading force when the one or more retaining sections are in the locked position.
In regards to claim 5, Howard discloses wherein: the spring (409) and the one or more retaining sections (405) are configured such that when the one or more retaining sections are in the unlocked position the clamping device (125/125) is adjustable in a range of motion along the saw slot.
In regards to claim 6, Howard discloses wherein: the one or more retaining sections (405) includes two retaining sections (e.g. near apertures 124); and the fastening section includes two transmission elements (left and right side of 405) connecting the two retaining sections to the spring (409), the two transmission elements being disposed on opposite sides of the receiving space.
In regards to claim 9, Howard discloses wherein: the tensioning section (125/125) is coupled to the fastening section such that the tensioning section is adjustable in and/or opposite to a workpiece clamping direction relative to the fastening section (along slots 117).
In regards to claim 10, Howard discloses wherein: the tensioning section (125/125) is coupled to the fastening section by a spring (409).
In regards to claim 12, Howard discloses wherein: the tensioning section (125/125) includes two spaced-apart necks (126/126) disposed on opposite sides of the receiving space, and a connecting element (123) interconnecting the two spaced-apart necks at a lower end area of the receiving space.
In regards to claim 13, Howard discloses wherein: the one or more workpiece clamping elements (125/125) of the tensioning section includes two workpiece clamping elements disposed on opposite sides of the receiving space, each of the two workpiece clamping elements including a front workpiece clamping surface facing away from the fastening section (see Fig. 4a).
In regards to claim 14, Howard discloses wherein: the front workpiece clamping surface is inclined in a workpiece clamping direction (at least sections of the surface are inclined).
In regards to claim 16, Howard discloses comprising: a second tensioning section (125 right side) connected to the fastening section on an opposite end of the fastening section from the first mentioned tensioning section (125 left side).
In regards to claim 19, Howard discloses in combination with the circular saw, wherein: the fastening section of the clamping device is secured in the saw slot and the receiving space is disposed at least in part in the saw slot (as annotated above).
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.
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Howard (NZ 567847).
In regards to claim 15, Howard discloses the claimed invention except wherein the one or more workpiece clamping elements of the tensioning section each include at least one exchangeable clamping jaw (219a/219b) forming a workpiece clamping surface. Howard discloses clamping jaw forming a workpiece clamping surface (e.g. 219a/219b). However, Howard does not explicitly disclose the clamping jaws as being interchangeable. The term “exchangeable” is reasonably interpreted as requiring that the clamping jaw be capable of removal and substitution with another clamping jaw. It would have been obvious to one of ordinary skill in the art at the time of the invention to configure the clamping jaws of Howard to be removably attached thereby permitting replacement with another clamping jaw, for example to allow for replacement of worn components or adaptation to different workpieces, which are well known and predictable design considerations. Further as recognized in Nerwin v. Erlichman, 168 USPQ 177, 179, modifying a structure from an integral construction to a separable one is generally considered to be within the level of ordinary skill in the art absent a showing of unexpected results. Accordingly, providing the clamping jaws of Howard as separable components would have been an obvious design choice. A removably attached clamping jaw would inherently be capable of substitution with another clamping jaw and therefore would be exchangeable.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LAURA M LEE whose telephone number is (571)272-8339. The examiner can normally be reached M-F 8a.m.- 5p.m..
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Adam Eiseman can be reached at 571-270-3818. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LAURA M LEE/Primary Examiner, Art Unit 3724