DETAILED ACTION
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 § 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.
Claims 1-5 and 7-11 are rejected under 35 U.S.C. 103 as being unpatentable over Weinberger et al. (2016/0354909 “Weinberger”) in view of Lovell (7,575,581), Kamppi (2023/0143431), MacKool (3,130,883), and Pope (6,643,934).
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Weinberger meets all of the limitations of claim 1, i.e., a multifunctional hatchet 10, comprising:
a head 30, the head including a cutting edge 39, a cleft 31 in an underside configured for pulling nails [0032], and a poll end 34 opposite the cutting edge configured for hammering;
a handle 12 linked to the head by a jointless connection monolithic [0033] and a reinforced core shaft of handle, Fig. 5, the jointless connection and reinforced core configured to absorb vibration capable of;
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a foldable saw 40, 41 including a serrated edge Fig. 7A, the saw configurable between an open position in which the saw is extended out from and in line Fig. 4C obtuse angle with the handle and a closed position Fig. 1 in which the saw is folded within an inside portion of the handle; and
a safety locking mechanism Fig. 5, the safety locking mechanism comprising:
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a latch 22, a spring 43, Fig. 4C, a first notch [0046] with angled sidewalls Fig. 4B, partially shown here configured to inter-fit with a shape engaging tip of the latch 22 57 and locks the saw in the open position Fig. 4C, and a second notch second notch [0046] with angled sidewalls Fig. 4B configured to inter-fit with the shape of the latch the Fig. 4A
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a button @22, Fig. 4C connected to the spring and configured to compress the spring when depressed and withdraw the latch from the first and second notch, permitting the saw to move between the open and the closed positions;
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except for a sheath, the sheath including: a protective portion covering the cutting edge, a strap configured to secure the sheath to the head, a clip configured to hook over and secure the sheath to an external carrier, a sharpening pad, and a lock configured to prevent the sheath from being removed from the head; and for the safety locking mechanism to include two shaped slot interacting with one shaped protrusion and for the audio feedback.
Regarding the audio feedback, although engagement of the spring-biased detent into notches, may be considered to inherently produce some sound that would be audible, Lovell is utilized. Lovell teaches a device disclosing that “…for example, in Figs. 26 and 35, one or more detent mechanisms (e.g., one or more spring detent mechanisms) may be associated with the unlocked/locked positions of Knob 1913 (e.g., to provide tactile feedback of locked/unlocked position)” 06:38-42.
It would have been obvious to one of ordinary skill in the art, before the effective date of the invention, to modify the spring detent of Weinberger to provide a tactile feedback as taught by Lovell to indicate the unlocked/locked positions of the saw.
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Kamppi teaches a blade cover and axe assembly comprising a sheath blade cover 2, the sheath including:
a protective portion 51 covering the cutting edge, connecting portion 7 comprising a clip or two slits 71 for attaching to a belt [0042], 6 configured to prevent the sheath from being removed from the head 06:38-42. It would have been obvious to one of ordinary skill in the art, before the effective date of the invention, to modify the modified invention of Weinberger and Lovell with the as taught by Kamppi to protect the user by covering the exposed blade.
PA (prior art, Weinberger modified by Lovell and Kamppi) meets the claim, except for accessories, i.e., a strap configured to secure the sheath to the head and a sharpening pad; recited for the sheath.
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MacKool teaches a hatchet scabbard 1 that covers the head Fig. 3, the scabbard including:
a protective portion 9 covering the cutting edge, a strap 23 configured to secure the sheath to the head, a clip loop 4 configured to hook over and secure the scabbard to an external carrier Fig. 1,
PA (prior art, Weinberger modified by Lovell, Kamppi and MacKool) meets the claim, except for the sheath to have a sharpening pad.
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Pope teaches a self-sharpening pocket knife disclosing a sharpening means 54 integrated into a knife sheath 50. It would have been obvious to one of ordinary skill in the art, before the effective date of the invention, to modify the invention of PA with the sharpening means as taught by Pope to provide a self-sharpening means as an integral part of the sheath.
Regarding claim 3, PA (prior art, Weinberger modified by Lovell, Kamppi, MacKool and Pope) meets the limitations, i.e., the multifunctional hatchet of claim 1, wherein the handle and the head are formed of a seamless piece of metal monolithic structure [0033], [0035], except for the metal to be steel. It would have been obvious to one having ordinary skill in the art, before the effective date of the invention, to use steel for strength and durability, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Regarding claim 4, PA meets the limitations, i.e., the multifunctional hatchet of claim 1, wherein the head 30 further comprises sides Fig. 1A, and wherein each side has an indentation 51 meeting the narrative/functional language of configured to reduce vibrations from traveling from the head to the handle.
Regarding claim 5, PA meets the limitations, i.e., the multifunctional hatchet of claim 1, wherein the cutting edge 39 includes a flared top and a flared bottom configured to expand an effective arc for the cutting edge Fig. 1A.
Regarding claim 7, PA meets the limitations, i.e., the multifunctional hatchet of claim 1, wherein the foldable saw 40, 41 further comprises a rounded joint 41 where the saw attaches inside the handle Fig. 5, configured to provide a smooth pivot between the closed position and the open position.
Regarding claim 8, PA meets the limitations, i.e., the multifunctional hatchet of claim 1, wherein the first and second notches 57 include angled sides rectangular notches Fig. 6A configured to match a shape of the safety locking mechanism and provide a conformal fit with the safety locking mechanism when the saw is in the open and closed position.
Regarding claim 9, PA meets the limitations, i.e., the multifunctional hatchet of claim 1, wherein the sheath 2/1 modified by Kamppi and MacKool is detachable and is configured to secure to and cover the head of the hatchet such that it forms a hand grip for the saw when the saw is in the open position.
Regarding claim 10, PA meets the limitations, i.e., the multifunctional hatchet of claim 1, wherein the clip comprises a reversible clip 4 with bolts rivets 39 or the like 02:28, except for the clip to be configured to be opened and closed such that the clip can be removed and tightened on an opposing side of the sheath. However, using screws and nuts/bolts, as suggested by MacKool to as an alternative means to form the loop would have been obvious to one of ordinary skill in the art, requiring routine experimentations with predictable results. Please note that modification meets the narrative/functional language as recited.
Regarding claim 11, PA meets the limitations, i.e., the multifunctional hatchet of claim 1, wherein the lock comprises a sliding piece 52, Kamppi configured to move between an unlocked position and a locked position Fig. 1, and wherein the sliding piece in the locked position prevents the sheath from being removed from the head of the hatchet Fig. 1 Kamppi.
Claims 13, 15, 16, 18 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Weinberger et al. (2016/0354909 “Weinberger”) in view of Lovell (7,575,581) and Beegle (2,07,751).
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Weinberger meets all of the limitations of claim 13, i.e., a hatchet 10, comprising:
a cutting head 30 and a handle 12, the cutting head and the handle including a reinforced core shaft of handle, Fig. 5 configured to absorb vibration capable of,
wherein the cutting head and the handle are formed from a single piece of metal monolithic [0033]
a saw 40 joined to the handle 12, Fig. 4C, the saw configurable between an open position and a closed position Figs. 4 A, C; and
a safety locking mechanism Fig. 5, the safety locking mechanism including:
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a latch 22 connected to a spring 43, a first notch [0046], Fig. 4B configured to inter-fit with the latch 22 and Fig. 4C, a second notch [0046] configured to inter-fit with the latch and produce the auditory feedback when the saw is locked in the closed position Fig. 1A, and a button head of 22, Fig. 4B on the handle configured to compress the spring and release the latch from the first and second notch when depressed Fig. 4C, except for the reinforced metal core to be steel comprising steel surrounded by a composite of wood and resin and for the audio feedback.
Regarding the audio feedback, although engagement of the spring-biased detent into notches, may be considered to inherently produce some sound that would be audible, Lovell is utilized. Lovell teaches a device disclosing that “…for example, in Figs. 26 and 35, one or more detent mechanisms (e.g., one or more spring detent mechanisms) may be associated with the unlocked/locked positions of Knob 1913 (e.g., to provide tactile feedback of locked/unlocked position)” 06:38-42. It would have been obvious to one of ordinary skill in the art, before the effective date of the invention, to modify the spring detent of Weinberger to provide a tactile feedback as taught by Lovell to indicate the unlocked/locked positions of the saw.
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Beegle teaches a tool with a shock absorbing core 60 made of metal bolt 60 comprises metal surrounded by a composite of wood 60 and resin 64. It would have been obvious to one of ordinary skill in the art, before the effective date of the invention, to modify the modified invention of Weinberger and Lovell with the metal core surrounded by a composite of wood and resin as taught by Beegle to its comfort and shock absorbing features. Providing a steel core for strength and durability and resin instead of or in addition to rubber, for providing the desired degree of resiliency, would have been obvious to one of ordinary skill in the art and since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Regarding claim 15, PA (prior art, Weinberger modified by Lovell and Beegle) meets the limitations, i.e., the hatchet of claim 13, wherein the cutting head further comprises a poll end 34, Weinberger, the poll end including a dense flattened material, and wherein the poll end is configured for hammering.
Regarding claim 16, PA meets the limitations, i.e., the hatchet of claim 15, wherein the handle includes an opposing grip 19, Weinberger configured to enable the poll end to be wielded as a hammer.
Regarding claim 18, PA meets the limitations, i.e., the hatchet of claim 13, wherein the head 30 further comprises sides Fig. 1A, and wherein each side has an indentation 51 meeting the narrative/functional language of configured to reduce vibrations from traveling from the head to the handle.
Regarding claim 20, PA meets the limitations, i.e., the hatchet of claim 13, wherein the first and second notches 57 include angled sides rectangular notch, Fig. 6A configured to match a shape of the latch and provide a conformal fit with the latch when the saw is in the open and closed position.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over PA as applied to claim 1 above, and further in view of Beegle.
PA (prior art, Weinberger modified by Lovell, Kamppi, MacKool and Pope), as applied to claim 1 above, meets all of the limitations of claim 2, except for the reinforced core to extend a length of the handle and to comprises steel surrounded by a composite of wood and resin.
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Beegle teaches a tool with a shock absorbing core 60 surrounded by a composite of wood 60 and resin 64. It would have been obvious to one of ordinary skill in the art, before the effective date of the invention, to modify the modified invention of PA with the metal core surrounded by a composite of wood and resin as taught by Beegle to its comfort and shock absorbing features. Providing a steel core for strength and durability and resin instead of or in addition to rubber, for providing the desired degree of resiliency.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over PA as applied to claim 1 above, and further in view of Pope.
PA (prior art, Weinberger modified by Lovell, Kamppi, MacKool and Pope), as applied to claim 1 above, meets all of the limitations of claim 6, except for a raised protuberance on a backside of the saw opposite to the serrated edge.
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[AltContent: arrow][AltContent: textbox (GROOVE)] Pope teaches a tool with a raised protuberance defined by the groove annotated partial Fig. 2, shown here on a backside of the saw opposite to the serrated edge, the protuberance configured to provide a fingerhold to move the saw between the closed and open positions. It would have been obvious to one of ordinary skill in the art, before the effective date of the invention, to modify the modified invention of PA with the protrusion as taught by Pope to facilitate opening of the saw blade.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over PA as applied to claim 1 above, and further in view of Seelye (660,204).
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PA (prior art, Weinberger modified by Lovell, Kamppi, MacKool and Pope), as applied to claim 1 above, meets all of the limitations of claim 6, except for a rounded joint where the saw attaches inside the handle.
Seelye teaches a combination tool, wherein a foldable blade B’ comprises a rounded joint where the blade attaches inside a handle C’, configured to provide a smooth pivot between the closed position and the open position. It would have been obvious to one of ordinary skill in the art, before the effective date of the invention, to modify the modified invention of PA with the rounded tang as taught by Seelye for an alternative configuration of proving the pivoting saw.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over PA as applied to claim 1 above, and further in view of Plichon (2023/0148101).
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PA (prior art, Weinberger modified by Lovell, Kamppi, MacKool and Pope), as applied to claim 1 above, meets all of the limitations of claim 6, except for the sharpening pad to comprise a honing steel.
Plichon teaches a sharpening sheath disclosing the use of sharpening stones or steels [0002]. It would have been obvious to one of ordinary skill in the art, before the effective date of the invention, to modify the modified invention of PA with the sharpening steel instead of stone as taught by Plichon, as an interchangeable alternative to sharpening stone.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over PA as applied to claim 13 above, and further in view of Hertaus et al. (10,675,744 “Hertaus”).
PA (prior art, Weinberger modified by Lovell and Beegle), as applied to claim 13 above, meets all of the limitations of claim 14, except for the cutting head to further comprises a V-shaped gap configured for pulling nails.
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Hertaus teaches a multipurpose hand tool comprising a hatchet head having a V-shaped gap 41, Fig. 1 partially shown here. It would have been obvious to one of ordinary skill in the art, before the effective date of the invention, to modify the modified invention of PA with the notch as taught by Hertaus for pulling nails.
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over PA as applied to claim 13 above, and further in view of Kamppi, MacKool and Pope.
PA (prior art, Weinberger modified by Lovell and Beegle), as applied to claim 13 above, meets all of the limitations of claim 14, except for disclosing a sheath.
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Kamppi teaches a blade cover and axe assembly comprising a sheath blade cover 2, the sheath including:
a protective portion 51 covering the cutting edge, connecting portion 7 comprising a clip or two slits 71 for attaching to a belt [0042], 6 configured to prevent the sheath from being removed from the head 06:38-42.
It would have been obvious to one of ordinary skill in the art, before the effective date of the invention, to modify the modified invention of Weinberger and Lovell with the as taught by Kamppi to protect the user by covering the exposed blade.
PA (prior art, Weinberger modified by Lovell, Beegle and Kamppi) meets the claim, except for accessories, i.e., a strap configured to secure the sheath to the head and a sharpening pad; recited for the sheath.
MacKool teaches a hatchet scabbard 1 that covers the head Fig. 3 including:
a protective portion 9 covering the cutting edge, a strap 23 configured to secure the sheath to the head, a clip loop 4 configured to hook over and secure the scabbard to an external carrier Fig. 1,
PA (prior art, Weinberger modified by Lovell, Beegle , Kamppi and MacKool) meets the claim, except for the sheath to have a sharpening pad.
Pope teaches a self-sharpening pocket knife disclosing a sharpening means 54 integrated into a knife sheath 50. It would have been obvious to one of ordinary skill in the art, before the effective date of the invention, to modify the invention of PA with the sharpening means as taught by Pope to provide a self-sharpening means as an integral part of the sheath.
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over PA as applied to claim 13 above, and further in view of Seelye.
PA (prior art, Weinberger modified by Lovell and Beegle), as applied to claim 13 above, meets all of the limitations of claim 19 including for the first and second notches 57 to have angled sides rectangular notches Fig. 6A configured to match a shape of the latch and provide a conformal fit with the latch when the saw is locked in the open and closed position, except for a rounded joint where the saw attaches inside the handle.
Seelye teaches a combination tool, wherein a foldable blade B’ comprises a rounded joint where the blade attaches inside a handle C’, configured to provide a smooth pivot between the closed position and the open position. It would have been obvious to one of ordinary skill in the art, before the effective date of the invention, to modify the modified invention of PA with the rounded tang as taught by Seelye for an alternative configuration of proving the pivoting saw.
Conclusion
Prior art made of record and not relied upon at this time, are considered pertinent to applicant’s disclosure. Rieffer and Thompson are cited to show related inventions.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HADI SHAKERI whose telephone number is (571)272-4495. The fax phone number for forwarding unofficial documents for discussion purposes only is (571) 273-4495. The examiner can normally be reached on M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Keller can be reached on 571 272 8548. The fax number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Hadi Shakeri/
September 22, 2025 Primary Examiner, Art Unit 3723