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
1. 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.
2. Claims 1, 3 and 8-12 are rejected under 35 U.S.C. 103 as being unpatentable over Gao (CN 220007880 U) in view of McDonough et al. (2013/0283540 A10, hereinafter McDonough. Regarding claim 1, Gao teaches a cutting tool for permitting a user to selectively chop and saw fibrous material, the cutting tool comprising: an elongate body 6 having a first end and a second end disposed spaced from said first end, said elongate body defining a handle which is held by the user to hold the cutting tool during use thereof, said elongate body defining a slot 72 and a channel 7 cooperating with said slot, said slot and channel extending between said first end and said second end of said elongate body 6; a hatchet head 1 rigidly secured to said first end of said elongate body for selectively permitting chopping of the fibrous material during use of said cutting tool; and a saw 8 slidably (at least a portion of the saw as a telescopic saw slides within the slot 72) cooperating with said channel 7 such that in a stowed disposition of said saw, said saw is disposed within said slot and said channel 7 and in an operative disposition of said saw, said saw is slidably moved relative to said channel away from said hatchet head 1 (Fig. 1) for selectively permitting the user to saw the fibrous material. See Figs. 1-5 in Gao.
Gao does not explicitly teach a sheath defining a further handle for enabling the user to securely hold the cutting tool with both hands for selectively permitting the user to saw the fibrous material, the user holding said handle with one hand and said further handle with the other hand. However, McDonough teaches a cutting tool, similar to the cutting tool Gao, including a sheath 12 defining a further handle (19a, 19b) for enabling a user to securely hold the cutting tool with both hands for selectively permitting the user to saw the fibrous material, the user holding a handle 11 with one hand and said further handle (19a, 16b) with the other hand. See Figs. 1-3 in McDonough. It should be noted that the manner in which the user holds the handles or the cutting tool does not further limit the cutting tool itself.
Accordingly, it would have been obvious to a person of ordinary skill in the art to provide Gao’s cutting tool with the sheath, as taught by McDonough, in order to protect the blade of the cutting tool and, at the same time, enable the sheath to function as a second handle.
Regarding claim 3, Gao teaches everything noted above including that the
the elongate body includes: a longitudinal length which extends from said first end to said second end; a first face and a second face spaced relative to the first face.
Regarding claim 8, Gao teaches everything noted above including that said slot 72 extends longitudinally along a portion of said length of said elongate body 6 such that said slot extends between said hatchet head and said second end of said elongate body. See Fig. 1 in Gao.
Regarding claim 9, Gao teaches everything noted above including that the slot 72 extends from said first face to said second face of said elongate body. See Fig. 1 in Gao.
Regarding claim 10, Gao teaches everything noted above including that said channel 7 extends from said slot to said second end of said elongate body for said longitudinal reception therethrough of said saw. See Fig. 1 in Gao.
Regarding claim 11, Gao teaches everything noted above except that the elongate body 6 defines a transverse opening (Fig. 1) disposed adjacent to said first end of said elongate body for said rigid reception therein of said hatchet head 1 such that said hatchet head is securely fastened (by fastener 3) to and extends transversely through said transverse opening.
Regarding claim 12, Gao teaches everything noted above including that said saw includes: a proximal end and a distal end, said distal end being spaced relative to said proximal end.
3. Claims 1, 3-10 and 12-15 are rejected under 35 U.S.C. 103 as being unpatentable over Thompson (292,184) in view of Staurseth (4,630,373) or Collins (5,511,261), and in further view of McDonough Regarding claim 1, Thompson teaches a cutting tool for permitting a user to selectively chop and saw fibrous material, the cutting tool comprising: an elongate body (D) having a first end and a second end disposed spaced from said first end, said elongate body defining a handle which is held by the user to hold the cutting tool during use thereof, said elongate body defining a channel (G), the channel extending between said first end and said second end of said elongate body (D); a hatchet head (B) rigidly secured to said first end of said elongate body (G) for selectively permitting chopping of the fibrous material during use of said cutting tool; and a saw (C) slidably cooperating with said channel 13 such that in a stowed disposition of said saw, said saw is disposed within said slot and said channel 13 and in an operative disposition of said saw, said saw is slidably moved relative to said channel away from said hatchet head (B) for selectively permitting the user to saw the fibrous material. See Figs. 1-2 IN Thompson. It should be noted that Thompson teaches that it is known to slide the saw in a groove within the body or the handle of the cutting tool (page 1, line 100 and page 2, lines 1-5).
Thomson does not explicitly teach the sliding mechanism for the saw includes a slot, and the channel cooperating with the slot, the channel and slot extending between a first end and the second end of the elongate body, and the saw disposed within the slot and channel; and a sheath defining a further handle for enabling the user to securely hold the cutting tool with both hands for selectively permitting the user to saw the fibrous material, the user holding said handle with one hand and said further handle with the other hand
However, Staurseth teaches a sliding mechanism for a saw 4 of a cutting tool. Staurseth teaches that the cutting tool including an elongated body 6 having a channel 24 and a slot 8, the channel cooperating with the slot, the channel 24 and slot 8 extending between a first end and the second end of the elongate body, and the saw 4 disposed within the slot and channel. See Figs. 1-3 in Staurseth. Collins also teaches a sliding mechanism for a cutting blade 34 of a cutting tool. Collins also teaches that the cutting tool including an elongated body 12 having a channel 20 and a slot 24, the channel cooperating with the slot, the channel 20 and slot 20 extending between a first end and the second end of the elongate body, and the blade 34 disposed within the slot and channel. See Figs. 1-5 in Collins. It would have been obvious to a person of ordinary skill in the art to provide Thomson’s cutting tool with the sliding mechanism which includes a channel and slot, as taught by Staurseth or Collins, in order to slide the saw relative to the elongated body, since both pivoting and sliding mechanisms for the saw are art-recognized equivalents which perform the same function.
In addition, McDonough teaches a cutting tool, similar to the cutting tool Gao, including a sheath 12 defining a further handle (19a, 19b) for enabling a user to securely hold the cutting tool with both hands for selectively permitting the user to saw the fibrous material, the user holding a handle 11 with one hand and said further handle (19a, 16b) with the other hand. See Figs. 1-3 in McDonough. It should be noted that the manner in which the user holds the handles or the cutting tool does not further limit the cutting tool itself.
Accordingly, it would have been obvious to a person of ordinary skill in the art to provide Gao’s cutting tool, as modified above, with the sheath, as taught by McDonough, in order to protect the blade of the cutting tool and, at the same time, enable the sheath to function as a second handle.
Regarding claim 3, Thompson teaches everything noted above including that the elongate body includes: a longitudinal length which extends from said first end to said second end; a first face and a second face spaced relative to the first face.
Regarding claim 4, Thompson, as modified by Collins, teaches everything noted above including that the elongate body 12 is fabricated from wood. See col. 2, lines 40-45 in Collins.
Regarding claim 5, Thompson, as modified by Staurseth or Collins, teaches everything noted above including that the elongate body is fabricated from metal. See col. 3, lines 1-19 in Staurseth.
Regarding claim 6, Thompson, as modified by Staurseth or Collins, teaches everything noted above including that the elongate body is fabricated from a plastics material. See col. 3, lines 1-19 in Staurseth and col. 2, lines 40-45 in Collins.
Regarding claim 7, Thompson, as modified by Staurseth or Collins, teaches everything noted above including that the plastics material is molded. See col. 3, lines 1-19 in Staurseth. It should also be noted that process of making the elongated body does not further limit the cutting tool as an apparatus.
Regarding claim 8, Thompson, as modified by Staurseth or Collins, teaches everything noted above including that said slot 8 extends longitudinally along a portion of said length of said elongate body 6 such that said slot extends between said hatchet head and said second end of said elongate body. See Fig. 1 in Staurseth and col. 2, lines 40-45 in Collins.
Regarding claim 9, Thompson, as modified by Staurseth or Collins, teaches everything noted above including that the slot 8 extends from said first face to said second face of said elongate body. See Fig. 1 in Staurseth and Figs. 1-5 in Collins
Regarding claim 10, Thompson, as modified by Staurseth or Collins, teaches everything noted above including that said channel (24 of Fig. 1 in Staurseth and 12 in Fig. 1 of Collins) extends from said slot (8 of Fig. 1 in Staurseth and 24 in Fig. 1 of Collins) to said second end of said elongate body for said longitudinal reception therethrough of said saw. See Fig. 1 in Staurseth and Collins.
Regarding claim 12, Thompson teaches everything noted above including that said saw includes: a proximal end and a distal end, said distal end being spaced relative to said proximal end.
Regarding claim 13, Thompson in view of Collins teaches everything noted above including that the saw 34 defines an internally threaded hole disposed adjacent to said proximal end of said saw; a tensioning fastener 29 threadably cooperating with said internally threaded hole, said tensioning fastener cooperating with said slot 24 such that when said tensioning fastener is rotated relative to said threaded hole, said tensioning fastener is selectively urged into a locked disposition relative to said slot 24 at any desired location from said stowed disposition to said operative disposition of said saw. See Figs. 1-5 in Collins.
Regarding claim 14, Thompson in view of Collins teaches everything noted above including that the tensioning fastener 29 includes: a threaded stem 28 which threadably cooperates with said internally threaded hole, said stem having a first and a second extremity; a thumbscrew 30 rigidly secured to said first extremity of said stem, said second end of said stem threadably cooperating with said internally threaded hole of said saw such that when said thumbscrew is rotated, said thumbscrew cooperates with said slot for locking said saw at a selected location anywhere from said stowed disposition of said saw to a fully longitudinally extended disposition of said saw. See Figs. 1-5 in Collins.
Regarding claim 15, Thompson in view of Collins and McDonough teaches a cutting tool for permitting a user to selectively chop and saw fibrous material, the cutting tool comprising: an elongate body having a first end and a second end disposed spaced from said first end, said elongate body defining a handle which is held by the user to hold said cutting tool during use thereof, said elongate body defining a slot and a channel cooperating with said slot, said slot and said channel extending between said first end and said second end of said elongate body; a hatchet head (D) rigidly secured to said first end of said elongate body for selectively permitting chopping of the fibrous material during use of said cutting tool; a saw (C) slidably (as taught by Collins) cooperating with said channel such that in a stowed disposition of said saw, said saw is disposed within said slot and said channel and in an operative disposition of said saw, said saw is slidably moved relative to said channel away from said hatchet head for selectively permitting the user to saw the fibrous material; said saw defining an internally threaded hole (as shown in Fig. 6 of Collins); a tensioning fastener 29 (Fig. 1 in Collins) threadably cooperating with said internally threaded hole, said tensioning fastener cooperating with said slot such that when said tensioning fastener is rotated relative to said threaded hole, said tensioning fastener is selectively urged into a locked disposition relative to said slot at any desired location from said stowed disposition to said operative disposition of said saw; and a sheath (12; Figs. 1-3 in McDonough) defining a further handle for enabling the user to securely hold the cutting tool with both hands for selectively permitting the user to saw the fibrous material, the user holding said handle with one hand and said further handle with the other hand
4. Claims 11 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Thompson in view of Collins and McDonough and in further view of Huizinga et al. (2023/0182337 A1), hereinafter Huizinga, or Gao (CN 220007880 U). Regarding claim 11, Thompson teaches everything noted above except that the elongate body defines a transverse opening disposed adjacent to said first end of said elongate body for said rigid reception therein of said hatchet head such that said hatchet head is securely fastened to and extends transversely through said transverse opening. However, Huizinga teaches a cutting tool 200 including an elongated body 204 defining a transverse opening (Fig. 2) disposed adjacent to said first end of said elongate body for said rigid reception therein of a hatchet head 201 such that said hatchet head is securely fastened (by fastener 205) to and extends transversely through said transverse opening. See Figs. 1-3 in Huizinga. Gao also teaches a cutting tool including an elongated body 6 defining a transverse opening (Fig. 1) disposed adjacent to said first end of said elongate body for said rigid reception therein of a hatchet head 1 such that said hatchet head is securely fastened (by fastener 3) to and extends transversely through said transverse opening. See Figs. 1-3 in Gao. It would have been obvious to a person of ordinary skill in the art to provide Thompson’s cutting tool, as modified by Collins and McDonough, with transverse opening in the elongated body and the fasteners, as taught by Huizinga or Gao, in order to facilitate removable of the hatchet head from the elongated body.
Regarding claim 16, Thompson in view of Collins and Huizinga or Gao and McDonough teaches a cutting tool for permitting a user to selectively chop and saw fibrous material, the cutting tool comprising: an elongate body having a first end and a second end disposed spaced from said first end, said elongate body defining a handle which is held by the user to hold the cutting tool during use thereof, said elongate body defining a slot and a channel cooperating with said slot, said slot and said channel extending between said first end and said second end of said elongate body; a hatchet head (D) rigidly secured to said first end of said elongate body for selectively permitting chopping of the fibrous material during use of said cutting tool; a saw (C) slidably (as taught by Collins) cooperating with said channel such that in a stowed disposition of said saw, said saw is disposed within said slot and said channel and in an operative disposition of said saw, said saw is slidably moved relative to said channel away from said hatchet head for selectively permitting the user to saw the fibrous material; said elongate body including: a longitudinal length which extends from said first end to said second end; a first face and a second face spaced relative to said first face; said elongate body being fabricated from a plastics material; said plastics material inherently being molded (col. 2, lines 40-45 in Collins); said slot extending longitudinally along a portion of said length of said elongate body such that said slot extends between said hatchet head and said second end of said elongate body; said slot extending from said first face to said second face of said elongate body; said channel extending from said slot to said second end of said elongate body for said longitudinal reception therethrough of said saw; said elongate body defining a transverse opening (Fig. 1 in Huizinga and Gao) disposed adjacent to said first end of said elongate body for said rigid reception therein of said hatchet head such that said hatchet head is securely fastened (by fastener 205 in Fig. 1 in Huizinga or fastener 3 in Fig. 1 in Gao) to and extends transversely through said transverse opening; said saw including: a proximal end and a distal end, said distal end being spaced relative to said proximal end said saw including: a proximal end and a distal end, said distal end being spaced relative to said proximal end; said saw defining an internally threaded hole (Fig. 1 in Collins) disposed adjacent to said proximal end of said saw; a tensioning fastener 29 (Fig. 1 in Collins) threadably cooperating with said internally threaded hole, said tensioning fastener cooperating with said slot such that when said tensioning fastener is rotated relative to said threaded hole, said tensioning fastener is selectively urged into a locked disposition relative to said slot at any desired location from said stowed disposition to said operative disposition of said saw; said tensioning fastener including: a threaded stem 31 (Fig. 4 in Collins) which threadably cooperates with said internally threaded hole, said stem having a first and a second extremity; a thumbscrew 30 (Fig. 1 in Collins) rigidly secured to said first extremity of said stem, said second end of said stem threadably cooperating with said internally threaded hole of said saw such that when said thumbscrew is rotated, said thumbscrew cooperates with said slot for locking said saw at a selected location anywhere from said stowed disposition of said saw to a fully longitudinally extended disposition of said saw; and a sheath (12; Figs. 1-3 in McDonough) defining a further handle for enabling the user to securely hold the cutting tool with both hands for selectively permitting the user to saw the fibrous material, the user holding said handle with one hand and said further handle with the other hand
Response to Arguments
5. Applicant’s arguments with respect to claim(s) 1, 15 and 16 have been considered but are moot because the new ground of rejection addresses the amendment to the claims, as McDonough teaches the sheath set forth in the claims.
Conclusion
6. THIS ACTION IS MADE FINAL. 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 extension fee 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.
7. Any inquiry concerning this communication or earlier communications from the examiner should be directed to GHASSEM ALIE whose telephone number is (571) 272-4501. The examiner can normally be reached on 8:30 am-5:00 pm EST.
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, Boyer Ashely can be reached on (571) 272-4502. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/GHASSEM ALIE/Primary Examiner, Art Unit 3724
February 5, 2026