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 Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claims 6-10 are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claims 6-10 depend from a now canceled claim 3. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
For the purposes of ensuring compact prosecution, and to advance prosecution, with regard to the present rejections Examiner is considering Claim 6 to be dependent on Claim 1.
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 1 and 6-17 are rejected under 35 U.S.C. 103 as being unpatentable over US 20210205904 Schmitz, in view of in view of CN106457595A Haneda and USPGPUB 20150367497, Ito, and in view of the teachings of USPGPUB 20150328764, Yoshikane.
Regarding Claims 1-2 and 6-15 Schmitz discloses a power cutter (abstract) comprising:
a disk blade 25
a body 15 configured to rotatably support the disk blade about a rotation axis (par 0019 and 0027) in front of the body (fig. 1) such that the disk blade is located on a reference plane (plane parallel to longitudinal axis of blade) that is perpendicular to the rotation axis (see fig. 1) an electric motor (65, par. 0021) disposed in the body and configured to drive the disk blade (par 0021);
a front grip 55 and a rear grip 45 disposed on the body and configured to be gripped by a user (see par. 0020), the front grip being connected to a front portion of the body (annotated fig. 2 below) and extending across the reference plane above the front portion of the body (fig. 1) and the rear grip is connected to a rear portion of the body (annotated fig. 2 below) and extending along the reference plane in rear of the rear portion of the body (fig 1);
a first battery interface (battery receptacle 72) disposed on a middle portion of the body located between the front portion and the rear portion in a front-rear direction (see fig 1) and configured to detachably receive a first battery pack (par. 0022, and fig. 1), respectively;
an air suction port (rear intake opening 335 and 340) and an air exhaust port (348) disposed on the body (fig 1 and 10), the air suction port being located at the rear portion of the body (fig 1) and the air exhaust port being located at the front portion of the body (compare fig 10 to fig 3, fig 10 shows the opening 348 being adjacent to the motor 65, which motor 65 is shown to be in front portion of housing as seen in fig. 1 and 3) such that the first battery interface is located between the air suction port and the air exhaust port in the front-rear direction (compare fig 1, 3, and 11, since the battery is in front of the port 340 and behind the motor 65, and thus port 348);
and a circuitry (PCP, par 0021 and 0023), and configured to electrically connect the first battery pack attached to the first battery interface to the motor (par 0023),
wherein the body comprises an openable cover 230 configured to cover the first concavity of the first battery interface, so that when the openable cover is closed an entirety of the first battery pack is accommodated within the openable cover and the first concavity of the first battery interface (par 0030)
the rear portion of the body comprises a rear surface that faces rearward in the front-rear direction (surface to which the part 335 is connected) and the air suction port 335 is defined on the rear surface of the rear portion of the body (see annotated fig 2 below), the front portion of the body comprises a bottom surface that faces downward (fig 11) in an up- down direction perpendicular to the front-rear direction and the air exhaust port 348 is defined on the bottom surface of the front portion of the body (fig 11).
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Schmitz lacks Features (I) the first battery being part of a set of batteries which includes a second battery interface and a second battery pack, and the second battery pack attached to the second battery interface; wherein the first battery interface is located on one side of the reference plane and comprises a first concavity configured to accommodate the first battery pack such that a center of gravity of the first battery pack is located within the first concavity, the second battery interface is located on another side of the reference plane and comprises a second concavity configured to accommodate the second battery pack such that a center of gravity of the second battery pack is located within the second concavity, and where the center of gravity of the first battery pack is at a first distance from the reference plane that is greater than 1.5 times a width of the rear grip the second concavity is configured to accommodate the second battery pack such that a center of gravity of the second battery pack is located within the second concavity and a second distance from the reference plane that is greater than 1.5 times the width of the rear grip, wherein the first battery interface and the second battery interface are arranged symmetrically with respect to the reference plane, wherein the body comprises an openable cover configured to cover the first concavity of the first battery interface, so that when the openable cover is closed an entirety of the first battery pack is accommodated within the openable cover and the first concavity of the first battery interface, wherein the openable cover is configured to cover both the first concavity of the first battery interface, so that when the openable cover is closed an entirety of the first battery pack is accommodated within the openable cover and the first concavity of the first battery interface, and the second concavity of the second battery interface, so that when the openable cover is closed an entirety of the second battery pack is accommodated within the openable cover and the second concavity of the second battery interface (claim 1), wherein the first battery interface is configured to slidably receive the first battery pack along an up-down direction (Claims 6 and 11), and wherein the second battery interface is configured to slidably receive the second battery pack along the up-down direction (Claims 7 and 12), wherein the up-down direction is perpendicular to the front-rear direction (Claims 8 and 13), and wherein the up-down direction is parallel to the reference plane (Claims 9 and 14), wherein the circuitry is configured to electrically connect the first battery pack and the second battery pack in series (Claims 10 and 15).
Feature (II) said circuitry being disposed in the body (Claim 1).
Regarding the Feature (I) Claim 1 limitations Haneda discloses a battery powered power tool in the same field of endeavor as the battery powered power tool of the present invention, and includes the battery assembly thereof comprising a first battery pack (31 on left in fig 4) and a first battery interface (25 on left in fig 4) and second battery pack (31 on right in fig 4) , and a second battery interface ((31 on right in fig 4); wherein the first battery interface is located on one side of a reference plane C (which reference plane extends along a front rear direction of the machine, see fig’s 1-4) and comprises a first concavity (concavity which forms the mounting portion 25 of the first battery pack) configured to accommodate the first battery pack (see fig 4), and the second battery interface is located on another side of the reference plane and comprises a second concavity configured to accommodate the second battery pack (concavity which forms the mounting portion 25 of the first battery pack, see fig 4) where the center of gravity of the first battery pack is at a first distance from the reference plane that is greater than 1.5 times a width of the rear grip (15-16th par’s. under “Preferred embodiment” section, where it is disclosed that “each gravity G1 at the left and right sides of the center line C in the centre of the holding part 13a of the vertically extending left and right direction is 1.5 times of the width W of the range R holding part 13a (30 mm).”) the second concavity is configured to accommodate the second battery pack such that a center of gravity of the second battery pack is located within the second concavity and a second distance from the reference plane that is greater than 1.5 times the width of the rear grip (15-16th par’s. under “Preferred embodiment” section), wherein the first battery interface and the second battery interface are arranged symmetrically with respect to the reference plane (fig 4 and 15-16th par’s. under “Preferred embodiment” section), (claim 1), in order to ensure a balanced weight of the device for easier operating (end of 16th par. under “Preferred embodiment” section where it is disclosed “Therefore, when the operator holding the handle 13 of the holding part 13a when the saw 10 and the direction of the balance weight, Therefore, the operating staff does not need to strongly grip holding part 13a, the operator is not tired easily”). also, Yoshikane discloses that in a handheld power tool it is possible to house two batteries in an assembly by a single cover, (fig 31 and par. 0166).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Schmitz by modifying the battery assembly thereof comprising a first battery pack and battery interface and second battery pack and battery interface, wherein the first battery interface is located on one side of the reference plane and comprises a first concavity configured to accommodate the first battery pack, and the second battery interface is located on another side of the reference plane and comprises a second concavity configured to accommodate the second battery pack, where the center of gravity of the first battery pack is at a first distance from the reference plane that is greater than 1.5 times a width of the rear grip the second concavity is configured to accommodate the second battery pack such that a center of gravity of the second battery pack is located within the second concavity and a second distance from the reference plane that is greater than 1.5 times the width of the rear grip, wherein the first battery interface and the second battery interface are arranged symmetrically with respect to the reference plane (claim 1), in order to ensure a balanced weight of the device for easier operating as taught by Haneda.
Regarding the claim 1 limitations relating to the openable cover accommodating both batteries as claimed, as noted above, Schmitz also comprises the body comprises an openable cover configured to cover the concavity of the battery interface thereof, so that when the openable cover is closed an entirety of the first battery pack is accommodated within the openable cover and the first concavity of the first battery interface in order to prevent dust from entering the battery holding portion (par 0030.)
The Schmitz apparatus/assembly as modified above in view of Haneda, to include two batteries the batteries being be side by side and with the center of gravities as claimed would still be adept to the solution of covering the battery and the battery connecting portions, in order to prevent dust from entering the battery holding portions thereof.
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Schmitz by including the body the openable cover of Schmitz configured to cover both the first concavity of the first battery interface, so that when the openable cover is closed an entirety of the first battery pack is accommodated within the openable cover and the first concavity of the first battery interface, wherein the openable cover is configured to cover both the first concavity of the first battery interface, so that when the openable cover is closed an entirety of the first battery pack is accommodated within the openable cover and the first concavity of the first battery interface, and the second concavity of the second battery interface, so that when the openable cover is closed an entirety of the second battery pack is accommodated within the openable cover and the second concavity of the second battery interface in order to prevent dust from entering the battery holding portions as already discussed in Schmitz, and in view of the Yoshikane disclosure of housing two batteries by a single cover in a hand held power cutter/blade device.
Regarding the Feature (I) limitations of Claims 6-14, the battery interface in Schmitz is configured to slidably receive the battery pack along an up-down direction thereof.
Thus, an artisan modifying Schmitz to comprise two battery packs, in the place of the single battery pack (in view of Haneda), an artisan making this device would also be motivated to have the first battery interface is configured to slidably receive the first battery pack along an up-down direction (Claims 6 and 11), and wherein the second battery interface is configured to slidably receive the second battery pack along the up-down direction (Claims 7 and 12), wherein the up-down direction is perpendicular to the front-rear direction (Claims 8 and 13), and wherein the up-down direction is parallel to the reference plane (Claims 9 and 14) in order to have the battery packs be inserted as already disclosed in Schmitz.
Regarding Feature (II) (of the circuitry disposed in the body), Ito discloses a handheld battery power cutting tool in the same field of endeavor as the battery powered handheld cutting tool of the present invention, and includes a battery assembly having two battery backs thereon which includes a circuitry 182 disposed in the body (since the circuity is part of the controller 18, which is in the body, fig 5, see par 0083) and configured to electrically connect the first battery pack attached to the first battery interface and the second battery pack attached to the second battery interface to the electric motor (par 0083) (Claim 1) and the circuitry is configured to electrically connect the first battery pack and the second battery pack in series (par 0083) (Claims 10 and 15), in order to allow the motor to be controlled by power from both batteries, par 0083, where it is noted that “Due to the series connection, the electrical power of ‘36 V’ can be supplied from the rechargeable batteries 80a and 80b via the first and second battery attachment portions 60a and 60b”.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Schmitz by a circuitry disposed in the body and configured to electrically connect the first battery pack attached to the first battery interface and the second battery pack attached to the second battery interface to the electric motor (Claim 1) and the circuitry is configured to electrically connect the first battery pack and the second battery pack in series (Claim 15), in order to allow the motor to be controlled by power from both batteries as taught by Ito.
Regarding Claim 16, in Schmitz the air suction port 335 introduces cooling air into the body (par. 0035), and a distance from the air suction port to the disk blade is greater than a distance from the air exhaust port to the disk blade in the front-rear direction (compare figures 1 and 11).
Regarding Claim 17, in Schmitz, the rear grip comprises an upper end connected to the rear surface of the rear portion of the body and a lower end connected to the rear surface of the rear portion of the body, the rear grip extending from the upper end to the lower end along the reference plane such that the rear grip and the rear surface of the rear portion of the body together form a loop, and the air suction port is located on a portion of the rear surface of the rear portion of the body that defines a part of the loop (see Annotated fig 2 below).
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Response to Arguments
Applicant’s arguments, see Remarks, filed 10/15/25, with respect to the prior art rejections of the claims under 102/103 (as the claims have now been amended) have been fully considered and are persuasive. None of the previously cited references have the batteries accommodated with the center of gravities at the claimed distances and being covered by a cover. Therefore, the 35 USC 102/ and 103 rejections have been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Schmitz and Haneda.
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 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, Adam Eiseman can be reached on 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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/FERNANDO A AYALA/Examiner, Art Unit 3724
/BOYER D ASHLEY/Supervisory Patent Examiner, Art Unit 3724