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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims.
Therefore, “one or more raised guards disposed at an edge of said cutting channel,” of Claims 2 and 11 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Therefore, “a depression in a top side of said cutting bar,” of Claim 6 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Therefore, “a female attachment component configured to receive said male attachment component,” of Claim 8, must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Therefore, “a telescopic extension support disposed between said footed base and said cutting bar,” of Claim 13, must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Therefore, “b) placing said bag across said heavy bag halving tool such that a back side of said bag is disposed against said cutting bar and a front side of said is in an upward facing position; c) cutting, with a cutting implement, a first cut along a center portion of said front side of said bag; d) lifting, via said first lifting handle and said second lifting handle, said cutting bar from a first position to a second position, wherein said second position is vertically higher than said first position; and e) cutting, with a cutting implement, a second cut along a center portion of said back side of said bag such that said bag is left in two completely separate disconnected portions,” of Claim 14, must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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.
Claims 2, 6, 11-12, and 13 are 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.
In re Claims 2 and 11, “one or more raised guards” is indefinite. These features are not labeled in the figures and the specification does not describe them such that one of ordinary skill in the art understands the boundary of the term/scope of what is clamed and what is not claimed. As such, the claims are indefinite. The claims were examined a best understood. Appropriate correction is required.
In re Claim 6, “said cutting channel comprises a depression in a top side of said cutting bar,” is indefinite. As best understood, the channel is a hole or a void. It is unclear how a hole or void can comprise a depression. This is particularly true because these features are not labeled in the figures and the specification does not describe them such that one of ordinary skill in the art understand the boundary of the erm/scope of what is clamed and what is not claimed. As such, the claims are indefinite. The claims were examined a best understood. Appropriate correction is required.
In re Claim 13, “a telescopic extension support” is indefinite. These features are not labeled in the figures and the specification does not describe them such that one of ordinary skill in the art understand the boundary of the erm/scope of what is clamed and what is not claimed. As such, the claims are indefinite. The claims were examined a best understood. 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 1-7 and 13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2,259,775 to Perkins.
In re Claim 1, Perkins teaches a heavy bag halving tool comprising:
a) an elongate cutting bar (see assembly in Fig. 1-2, #22/21#28/27, which under the broadest reasonable interpretation is a cutting bar) having a first end (see Figs. 1-2, #27) and a second end distal from said first end (see Figs. 1-2, #28);
b) a cutting channel disposed in a central portion of said cutting bar (see Figs. 1-2, cutting channel created between #25/26);
c) a first lifting handle attached to said first end of said cutting bar (see Figs. 1-2, #27, which has surfaces a user can grip and is, under the broadest reasonable interpretation, a handle that can be used lift the structure from the position illustrated in Fig. 6 to the position illustrated in Fig. 2);
d) a second lifting handle attached to said second end of said cutting bar (see Figs. 1-2, #23, which has surfaces a user can grip and is, under the broadest reasonable interpretation, a handle that can be used lift the structure from the position illustrated in Fig. 6 to the position illustrated in Fig. 2); and
e) one or more footed bases disposed on a bottom side of said cutting bar (see Fig. 2, #12/14/14/16).
In re Claim 2, Perkins teaches wherein said cutting channel further comprises one or more raised guards disposed at an edge of said cutting channel (see Fig. 2, #37).
In re Claim 3, Perkins teaches wherein each of said one or more footed bases further comprises one or more foot pads disposed on a bottom side of said footed bases (see Fig. 2, #15/14/16).
In re Claim 4, Perkins teaches wherein said first lifting handle is disposed at an angle from a longitudinal axis of said cutting bar (see Fig. 1, the handle #27 is disposed at 90 degrees from a horizontal axis of the device); and wherein said second lifting handle is disposed at an angle from said longitudinal axis of said cutting bar (see Fig. 1, the handle #28 is disposed at 90 degrees from a horizontal axis of the device).
In re Claim 5, Perkins teaches wherein said cutting channel comprises an aperture in said cutting bar (the gap between #25/26, in Fig. 2, is an aperture in the cutting bar).
In re Claim 6, Perkins teaches wherein said cutting channel comprises a depression in a top side of said cutting bar (see annotated Fig. 2, below).
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In re Claim 7, Perkins teaches wherein each of said one or more footed bases are removably connected to said cutting bar (the assembly illustrated in Fig. 1-2, is assembled with fasteners, and can be disassembled. In other words, #12/12 can be disassembled from #21/22, etc.).
In re Claim 13, Perkins teaches wherein each of said one or more footed bases further comprises a telescopic extension support disposed between said footed base and said cutting bar (see Perkins, Figs. 4-5, showing #19 located between bases #12/13 and bar #21/22).
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 8-12 are rejected under 35 U.S.C. 103 as being unpatentable over US 2,259,775 to Perkins in view of US 2003/0059275 to Mizuno.
In re Claim 8, it is unclear if Perkins teaches a bolt and corresponding threaded aperture to secure #12 to #10, in Fig. 2. As such, Perkins does not teach: a) wherein at least one of said one or more footed bases further comprises a male attachment component; b) wherein said cutting bar further comprises a female attachment component configured to receive said male attachment component.
However, Mizuno teaches that known to provide threaded male fasteners (see Mizuno, Fig. 1, bolt #1 with a male shank #2) and a female attachment component configured to receive said male attachment component (see Fig. 6, Nut #10, which receives the shank #2 of the bolt #1).
In the same field of invention, fasteners for mechanical assemblies, it would have been obvious to one of ordinary skill in the art, at the earliest effective filing date, to use bolts and threaded apertures, in Perkins, to connect #12 to #10 at the positions #15/14/16. Doing so is the use of known components that securely attach mechanical structures with off-the-self items, without needing a new fastener design, and allowing the structure to be disassembled with known tools).
In re Claim 9, modified Perkins, in re Claim 8, teaches wherein each of said one or more footed bases further comprises one or more foot pads disposed on a bottom side of said footed bases (see Perkins Fig. 2, #15/14/16).
In re Claim 10, modified Perkins, in re Claim 8, teaches wherein said cutting channel comprises an aperture in said cutting bar (in Perkins, the gap between #25/26, in Fig. 2, is an aperture in the cutting bar).
In re Claim 11, modified Perkins, in re Claim 8, teaches wherein said cutting channel further comprises one or more raised guards disposed at an edge of said cutting channel (see Perkins, Fig. 2, #37).
In re Claim 12, modified Perkins, in re Claim 8, teaches wherein said first lifting handle is disposed at an angle from a longitudinal axis of said cutting bar (see Perkins, Fig. 1, the handle #27 is disposed at 90 degrees from a horizontal axis of the device); and wherein said second lifting handle is disposed at an angle from said longitudinal axis of said cutting bar (see Perkins, Fig. 1, the handle #28 is disposed at 90 degrees from a horizontal axis of the device).
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over US 2,259,775 in view of “Easy way to cut a bag of cement in HALF - or a bag of sand.”
In re Claim 14, Perkins teaches a method for cutting a bag containing construction material (see Figs. 1-6) comprising
a) providing a heavy bag halving tool (see Fig. 1-6), said heavy bag halving tool comprising
1) an elongate cutting bar (see assembly in Fig. 1-2, #22/21#28/27, which under the broadest reasonable interpretation is a cutting bar) having a first end (see Figs. 1-2, #27) and a second end distal from said first end(see Figs. 1-2, #28);
2) a cutting channel disposed in a central portion of said cutting bar (see Figs. 1-2, cutting channel created between #25/26);
3) a first lifting handle attached to said first end of said cutting bar; (see Figs. 1-2, #27, which has surfaces a user can grip and is, under the broadest reasonable interpretation, a handle that can be used lift the structure from the position illustrated in Fig. 6 to the position illustrated in Fig. 2);
4) a second lifting handle attached to said second end of said cutting bar(see Figs. 1-2, #23, which has surfaces a user can grip and is, under the broadest reasonable interpretation, a handle that can be used lift the structure from the position illustrated in Fig. 6 to the position illustrated in Fig. 2); and
5) one or more footed bases disposed on a bottom side of said cutting bar(see Fig. 2, #12/14/14/16);
b) placing said bag across said heavy bag halving tool such that a back side of said bag is disposed against said cutting bar and a front side of said is in an upward facing position (see Fig. 1-2, placing a bag on #21/22 orients the “back side” of the bag against #22/21 and the “front side facing upward – see e.g., Fig. 6 showing a Cut bag);
c) cutting, with a cutting implement, a first cut along a center portion of said front side of said bag (see Figs. 5, #36);
Perkins teaches a long knife blade (see Fig. 5, #36) that cuts through the bag with one pass. As such Perkins does not teach:
d) lifting, via said first lifting handle and said second lifting handle, said cutting bar from a first position to a second position, wherein said second position is vertically higher than said first position; and
e) cutting, with a cutting implement, a second cut along a center portion of said back side of said bag such that said bag is left in two completely separate disconnected portions.
However, “Easy way to cut a bag of cement in HALF - or a bag of sand” teaches that it is known in the art of cutting heavy bags to cut the bag with two passes, while moving the bag “upward” for the second pass (see captured pictures of the video of “Easy way to cut a bag of cement in HALF - or a bag of sand”). Additionally, “Easy way to cut a bag of cement in HALF - or a bag of sand” illustrates that most workers have a knife with a shorter blade length that requires two passes to cut a heavy bag (see knife in “Easy way to cut a bag of cement in HALF - or a bag of sand”).
In the same field of invention, cutting heavy bags, it would have been obvious to one of ordinary skill in the art, to after making a first cut on the top portion of the bag to : d) lifting, via said first lifting handle and said second lifting handle, said cutting bar from a first position to a second position, wherein said second position is vertically higher than said first position (see e.g., Perkins, Fig. 6, illustrating the center of the bags being higher in view of “Easy way to cut a bag of cement in HALF - or a bag of sand” wherein the user moves the wood stick, and therefore the bag, higher); and e) cutting, with a cutting implement, a second cut along a center portion of said back side of said bag such that said bag is left in two completely separate disconnected portions (see “Easy way to cut a bag of cement in HALF - or a bag of sand” the user cutting a second pass to completely sever the bag in two).
Doing so allows the user to use a smaller knife to cut the heavy bag without having to keep track of a long knife, as used in Perkins. IN other words, this method allows the user to use the type of knife that is typically found on a job site without having to purchase an extended length blade.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JONATHAN RILEY whose telephone number is (571)270-7786. The examiner can normally be reached Monday - Friday, 8:30 AM - 5:00 PM.
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/JONATHAN G RILEY/Primary Examiner, Art Unit 3724