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
Drawing Objection
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, a gravity feed mechanism (cited in claim 1), a set of valves or nozzles (cited in claim 4), a protective sheath (cited in claim 5), storage compartments (cited in claim 7), and a pressurization mechanism (cited in clam 9) must be shown or the features canceled from the claims. 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 Rejection - 35 U.S.C. 112(a)
1. The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
2. Claim 9 is rejected under 35 U.S.C. 112(a) as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor at the time the application was filed, had possession of the claimed invention.
(1) In claim 9, “a pressurization mechanism” has not been described in the specification and has no support from the specification.
Claim Rejection - 35 U.S.C. 112(b)
1. 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.
2. Claims 1-9 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
(1) In claim 1, line 3, “one container” and “the other container” are vague and should read --one container of the dual-container assembly-- and --the other container of the dual-container assembly--.
(2) The scope of claim 1 is confusing. While the preamble calls for a portable fuel and lubricant delivery system for chainsaws (e.g., a subcombination claim), the main body of the claim, at lines 4-6, clearly recites a chainsaw as part of the claimed combination (e.g., a combination claim).
(3) In claim 1, line 5, the limitation “a gravity feed mechanism that ensures continuous flow of fuel and lubricant from the contains to the chainsaw” invokes 35 U.S.C. 112(f). However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. The specification is devoid of adequate structure to perform the claimed function. In particular, the specification merely states a gravity feed mechanism to ensure a continuous flow of fuel and lubricant from the containers to the chainsaw (see paragraph [0019], lines 2-3). There is no disclosure of any particular structure, either explicitly or inherently, to perform a continuous flow of fuel and lubricant from the contains to the chainsaw. The specification does not provide sufficient details such that one of ordinary skill in the art would understand which mechanical structures perform the claimed function. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b).
(4) In clam 2, it is unclear how the containers are detachable are reconfigurable to support different volumes and type of fuel and lubricants. How are the containers “reconfigurable”? There is no showing or description as to how this is done. Further, it is not clear what the containers are detachable from.
(5) In claim 6, line 3, “the hoses” lacks clear antecedent basis.
(6) In claim 6, line 4, “the system “ has no antecedent basis. Further, it is not understood how the system automatically supplies fuel and lubricant. There is no description of how the system “automatically supplies” fuel and lubricant is accomplished.
(7) In claim 7, the phrase "such as" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
(8) In claim 8, “various models of chainsaws” and “other gas-powered tools” are vague and indefinite as it is unclear what modes of chainsaws and what other gas-powered tools are being referred to. Further, it is not understood how various models of chainsaws and other gas-powered tools further limit the structure of the system.
(9) In claim 9, the limitation “the pressurization mechanism is configured to maintain a consistent pressure within the containers to facilitate the upward flow of fuel and lubricant against gravity if the chainsaw is operated in an overhead position” invokes 35 U.S.C. 112(f). However, the written description does NOT disclose the claimed pressurization mechanism and its corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. The specification does not provide sufficient details such that one of ordinary skill in the art would understand which mechanical structures perform the claimed function. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b).
Claim Rejection - 35 U.S.C. 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, 2 and 4-9 are rejected under 35 U.S.C. 103 as being unpatentable over Larman (U.S. Patent No. 3,979,034) in view of Newman (U.S. Patent No. 4,884,340).
Regarding claim 1, Larman discloses a portable fuel and lubricant delivery system for chainsaws (see the abstract), comprising:
a wearable harness (20,21);
a dual-container assembly (10) attached to the harness (20,21), wherein one container (24, see Fig.2) of the dual-container assembly (10) holds fuel (see column 2, lines 51) and the other container (35, see Fig.2) of the dual-container assembly (10) holds lubricant (see column 3, lines 3-6) substantially as claimed except Larman lacks a set of hoses that connect the containers (24,35) to a chainsaw, and Larman lacks a gravity feed mechanism that ensures continuous flow of fuel and lubricant from the containers (24,25) to the chainsaw.
Newman teaches providing a hose (78) for connecting a container (76) to a chainsaw (10, see Fig.1), and a gravity feed mechanism (75) that ensures continuous flow of lubricant from the container (76) to the chainsaw.
In view of Newman’s teaching, it would have been obvious to one skilled in the art to modify Larman by connecting hoses to a respective one of containers (24,35) and a gravity feed mechanism that ensures continuous flow of fuel/lubricant from the containers (24,35) to the chainsaw as taught by Newman.
Regarding claim 2, Larman’s containers (24,35) are detachable (e.g., from a user) but Larman fails to mention the containers (24,35) being reconfigurable. However, to further modify Larman by making the containers (24,35) reconfigurable would have been obvious to one skilled in the art because having the containers “reconfigurable” depends more upon an obvious matter of manufacturer’s design choice than on any inventive concept.
Regarding claim 4, Newman shows a set of valves (92,94) at the end of hoses (see Fig.4) to control the flow of lubricant. Larman thus modified also possesses such characteristics.
Regarding claim 5, Larman teaches covering a hose (26) with a protective sheath (S, see Fig.4 as annotated below) for preventing damage and ward during use.
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Regarding claim 6, Larman shows a chainsaw operating method comprising:
wearing a harness (20,21) with attached containers (24,35) of fuel and lubricant; starting the chainsaw except it lacks the step of connecting hoses from the containers (24,35) to the chainsaw.
Newman teaches providing a hose (78) for connecting a container (76) to a chainsaw (10, see Fig.1), and a gravity feed mechanism (75) that ensures continuous flow of lubricant from the container (76) to the chainsaw.
In view of Newman’s teaching, it would have been obvious to one skilled in the art to modify Larman by including the step of connecting hoses to a respective one of containers (24,35) to ensure continuous flow of fuel/lubricant from the containers (24,35) to the chainsaw as taught by Newman.
It is noted Newman shows the lubricant is supplied manually (e.g., by a thumb-operated pump 75, see column 4, lines 51-52). However, to further modify Larman by having the lubricant/fuel automatically supplied would have been obvious to one skilled in the art, since it has been held that broadly providing automatic activity to replace manual activity which has accomplished the same result involves only routine skill in the art. In re Venner, 120 USPQ 192 (CCPA 1958).
Regarding claim 7, Larman further shows storage compartments (47,44) for carrying a wrench (46) and a file (see column 3, line 21).
Regarding claim 8, Larman’s system as modified above is compatible with various modes of chainsaws and can be adapted for use with other gas-powered tools if such compatible chainsaws and tools are so provided.
Regarding claim 9, Newman shows a pressurization mechanism (84,86, see Fig.4) configured to maintain a consistent pressure within the container (76) to facilitate the upward flow of fluid against gravity if chainsaw is operated in an overhead position. Larman thus modified also possesses such characteristics.
3. Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Larman (U.S. Patent No. 3,979,034) in view of Newman (U.S. Patent No. 4,8884,340) as applied to claim 1 above, and further in view of Fullmer (U.S. Patent No. 4,558,808).
Regarding claim 3, Larman’s system as modified above shows all the claimed limitations except it does not explicitly mention the harness (20,21) being adjustable.
Fullmer shows a chainsaw carrier comprising a hardness (2,24,25) that is adjustable (see column 4, lines 15-17 and Fig.2) for the advantage of fitting various user sizes and designed for ergonomic weight distribution.
Thus, it would have been obvious to one skilled in the art to further modify Larman by making the hardness (20,21) an adjustable one as taught by Fullmer for the advantage set forth.
Prior Art Citations
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
U.S. Patent No. 3,854,204 shows a system (10, see Fig.2) comprising a harness (178), a dual-container assembly (20,22, see Fig.1) attached to the harness (178).
EP 0 793 910 shows a portable lubricant system (see Fig.1) comprising a container (41) for holding lubricant, a harness (see Fig.1) attached to the container (41), a feed system (40, see Figs.5a-5b) for supplying lubricant to a chainsaw (8, see Fig.1).
CN 108274540 shows a lubricant delivery system (see Figs.4-5) for a chainsaw Fig.3).
Point of Contact
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HWEI-SIU PAYER whose telephone number is (571)272-4511. The examiner can normally be reached on Monday – Friday from 6:00 AM to 2:00 PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Boyer Ashley, can be reached at telephone number 571-272-4502. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HWEI-SIU C PAYER/ Primary Examiner, Art Unit 3724