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 .
Information Disclosure Statement
The information disclosure statements (IDS) submitted on February 16, 2024 and February 12, 2025 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements have been considered by the examiner.
CLAIM INTERPRETATION
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as "configured to" or "so that"; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
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 1-9 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. Any remaining claims are rejected based on their dependency to a rejected base claim.
Claim 1 discloses, “a first elongated member coupled to the housing, the first elongated member including one of a latch or an engagement surface… a second elongated member coupled to the working head, the second elongated member including the other of the latch or the engagement surface”.
Paragraph 31 of applicants’ PG-PUB discloses the following;
“The first member 102 can be coupled with a working head of the tool (e.g., a string trimmer head, a saw head, a lopper head, etc.) and the second member 104 can be coupled with a housing of the tool (e.g., a portion of the tool having a handle, a user controller such as a trigger, a battery interface, etc.). This arrangement may be switched (inverted) such that the first member 102 is coupled with the housing and the second member 104 is coupled with the working head.”
However, it is unclear how first member 102 (i.e. when switched or inverted) includes one of a latch or an engagement surface and is also coupled to the head. Where is the one of a latch or an engagement surface located on the first member 102? Figures 1 and 2 clearly show first member 102 as being a tube or pipe that is inserted into opening 115 of a first connector 108 (also see paragraph 29). Thus, first elongated member 102 does not include one of a latch or an engagement surface. Rather, it is the first connector 108 that includes the one of a latch or an engagement surface. This is further evident in claim 2, which discloses that, “the first elongated member includes a first tapered end and the second elongated member includes a second tapered end… wherein the first tapered end fits within the second tapered end when the first and second elongated members are in the in-use configuration”. However, first member/pipe 102 does not include a tapered end, especially that fits within the second tapered end. Again, it is first connector 108 that includes tapered end 116 (see paragraph 33).Thus, further clarification is respectfully requested.
In addition, it is also unclear how second member 104 includes one of a latch or an engagement surface and is also coupled to the head. Where is the one of a latch or an engagement surface located of the second member 104? Figures 1 and 2 clearly show second member 104 as being a tube or pipe that is inserted into opening 123 of a second connector 110 (also see paragraph 29). Thus, second member 104 does not include the other one of the latch or the engagement surface. Rather, it is the second connector 110 that includes the other one of the latch or the engagement surface. This is further evident in claim 2, which discloses that, “the first elongated member includes a first tapered end and the second elongated member includes a second tapered end…”. However, second member/pipe 104 does not include a tapered end. Again, it is second connector 110 that includes the second tapered end 124 (see paragraph 33). Thus, further clarification is respectfully requested.
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, 3, 4, 7-14 and 16-20 are rejected As Best Understood under 35 U.S.C. 102(a)(1) as being anticipated by Palermo et al. (11369057).
In reference to claim 1, As Best Understood, Palermo et al. disclose a tool (10) comprising:
a housing (23, Figure 1);
a working head (12); and
an elongated member (formed from 14a and 14b, see Figure 5) extending between and coupling together the housing and the working head (Figures 1 and 5), wherein the elongated member is reconfigurable between an in-use configuration (Figure 1) and a stored configuration (Figure 5), wherein the elongated member defines a longitudinal axis (along 14a and 14b) in an in-use configuration, wherein the elongated member comprises:
a first elongated member (formed from 14b and 34, Figure 6) coupled to the housing (Figure 5), the first elongated member including one of a latch (i.e. latch 100 including 34 and 104, Figures 6 and 7) or an engagement surface; and
a second elongated member (formed from 14a, 32a and 32b, Figure 6) coupled to the working head (Figure 5), the second elongated member including the other of the latch or the engagement surface (110, Figure 7);
wherein the first and second elongated members are pivotally coupled together (see Figures 3 and 9 and Column 2, Lines 48-50) about a pivot axis (i.e. extending along 43 in Figure 6) oriented perpendicular to the longitudinal axis (Figure 6); and
wherein the latch is configured to selectively interface with the engagement surface to lock the first and second elongated members in the in-use configuration (see Figures 10-14 and Column 3, Lines 21-50).
In reference to claim 3, Palermo et al. disclose that the pivot axis is spaced apart (i.e. radially) from the longitudinal axis (Figures 8 and 10), and wherein the engagement surface and the pivot axis are disposed on opposite sides of the longitudinal axis (Figure 8).
In reference to claims 4 and 18, Palermo et al. disclose that an angular displacement of the first and second elongated members, as measured between the in-use configuration and the stored configuration, is greater than 120° (Note, when folding the tool from the position shown in Figure 2 to the position shown in Figure 3, it is clear that an angle would be greater than 120°). The examiner notes the method claim 18 merely discloses the normal operation of the device of claim 4 and therefore the same reasoning as previously discussed above for claim 4 applies mutatis mutandis to the subject matter of claim 18 during normal operation.
In reference to claims 7 and 14, Palermo et al. disclose that the latch is rotatable about an axis oriented parallel to the pivot axis (see figure below).
[AltContent: textbox (Axis)][AltContent: arrow][AltContent: textbox (Pivot axis)][AltContent: arrow][AltContent: connector][AltContent: connector]
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In reference to claims 8 and 17, Palermo et al. disclose that the latch is coupled to the first or second elongated member through an intermediary member (34), and wherein the latch is configured to generate a tactile indication in response to the latch reaching a locked position (Figures 13 and 14). The examiner notes the method claim 17 merely discloses the normal operation of the device of claim 8 and therefore the same reasoning as previously discussed above for claim 8 applies mutatis mutandis to the subject matter of claim 17 during normal operation.
In reference to claim 9, Palermo et al. disclose that the tool comprises a string trimmer (see Abstract).
In reference to claims 10 and 16, Palermo et al. disclose a boom coupler for a power tool (10), the boom coupler comprising:
a first connector comprising:
a body (32a/32b) having a tapered end (see annotated figure below and note rounded ends are tapered);
a flange (i.e. upper portion of 32b) extending radially from the body and including a first pivot location (i.e. extending along axle 43, Figure 6); and
an engagement surface (110);
a second connector comprising:
a body (34) having a complementary tapered end (i.e. at 40, see annotated figure below and note rounded ends are tapered) to interface with the tapered end of the body of the first connector when the boom coupler is in an in-use configuration (Figures 1, 8 and 10);
a flange (105) extending radially from the body and including a second pivot location (i.e. inner hole of 40 that receives 43) configured to coaxially align with the first pivot location to form a pivot axis between the first and second connectors (Figures 6-9); and
a latch (104) rotatably coupled to the body and configured to selectively interface (i.e. with 108) with the engagement surface of the first connector to lock the first and second connectors in an in-use configuration (Figure 7).
The examiner notes the method claim 16 merely discloses the normal operation of the device of claim 10 and therefore the same reasoning as previously discussed above for claim 10 applies mutatis mutandis to the subject matter of claim 16 during normal operation.
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In reference to claim 11, Palermo et al. disclose that the body of the first connector comprises a hollow core (Figure 6), wherein the body of the second connector comprises a hollow core (i.e. within 40 or at 38), and wherein the hollow cores of the first and second connectors are in communication with one another in the in-use configuration (Figures 6-8).
In reference to claim 12, Palermo et al. disclose that the hollow core of the first connector is configured to receive a first elongated member (14a), wherein the hollow core (i.e. at 38) of the second connector is configured to receive a second elongated member (14b), and wherein a cable (50) is configured to extend through the body of the first connector and the body of the second connector (Figure 7).
In reference to claim 13, Palermo et al. disclose that the first and second connectors together define a longitudinal axis (i.e. along 14) in the in-use configuration (Figure 1), and wherein the engagement surface (110) and the pivot axis (axis along 43) are disposed on opposite sides of the longitudinal axis (see Figure 10 shows a side view with a longitudinal axis [not labeled] extending horizontally and wherein the engagement surface 110 is located on an upper side above the longitudinal axis and the pivot axis is located on a lower side below the longitudinal axis).
In reference to claim 19, Palermo et al. disclose that pivoting the first and second connectors relative to one another causes a tapered end (see annotated figure previously shown on page 10 above) of the first connector to extend into a complementary tapered end of the second connector (see annotated figure previously shown on page 10 above).
In reference to claim 20, Palermo et al. disclose that the tapered end of the first connector and the complementary tapered end of the second connector are in contact with one another upon repositioning the latch to the locked position (Figure 10).
Claims 1, 4 and 5 are rejected As Best Understood under 35 U.S.C. 102(a)(1) as being anticipated by Ota et al. (10779468).
In further reference to claim 1, As Best Understood, Ota et al. disclose a tool (1) comprising:
a housing (3, Figure 1);
a working head (4); and
an elongated member (formed from 14 and 15, see Figure 5) extending between and coupling together the housing and the working head (Figure 1), wherein the elongated member is reconfigurable between an in-use configuration (Figure 2a) and a stored configuration (Figure 2b), wherein the elongated member defines a longitudinal axis (along 14 and 15) in an in-use configuration, wherein the elongated member comprises:
a first elongated member (formed from 15 and 32, Figure 3c) coupled to the housing (Figure 1, the first elongated member including one of a latch (i.e. latch 35c) or an engagement surface; and
a second elongated member (formed from 14 and 31, Figure 3c) coupled to the working head (Figure 1), the second elongated member including the other of the latch or the engagement surface (see figure below);
wherein the first and second elongated members are pivotally coupled together (at 33) about a pivot axis (i.e. extending along 33) oriented perpendicular to the longitudinal axis (Figure 3c); and
wherein the latch is configured to selectively interface with the engagement surface to lock the first and second elongated members in the in-use configuration (see Figure 3).
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In reference to claim 4, Ota et al. disclose that an angular displacement of the first and second elongated members, as measured between the in-use configuration and the stored configuration, is greater than 120° (Note, when folding the tool from the position shown in Figure 2a to the position shown in Figure 2b, it is clear that an angle would be greater than 120°).
In reference to claim 5, Ota et al. disclose that each of the first and second elongated members (i.e. at least portions 15 and 14) comprises a hollow core (see Figure 3c showing hollow cores), wherein the tool further comprises a cable (28) extending through the hollow core of the first and second elongated members between the housing and the working head, and wherein at least a portion of the cable is exposed when the first and second elongated members are in the stored configuration (Figure 2b).
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.
Claim 2, is rejected under 35 U.S.C. 103 as being unpatentable over Palermo et al. (11369057).
In reference to claim 2, Palermo et al. disclose that the first elongated member includes a first tapered end and the second elongated member includes a second tapered end (see annotated figure previously shown on page 11 above), and wherein the first tapered end fits within the second tapered end when the first and second elongated members are in the in-use configuration (Figure 8), but lack specifically disclosing that,
the first tapered end has a taper angle less than 15°.
However, there is no evidence of record that establishes that changing the taper angle of the first tapered end being less than 15° would result in a difference in function of the Palermo et al. device. Further, a person having ordinary skill in the art, being faced with modifying the first tapered end of Palermo et al., would have a reasonable expectation of success in making such a modification and it appears the device would function as intended being given the claimed angle. Lastly, applicants have not disclosed that the claimed range solves any stated problem, indicating that the angle “can” be within the claimed range, and offering other acceptable ranges (e.g., 1-10 degrees, see PG-PUB paragraph 35) and therefore there appears to be no criticality placed on the range as claimed such that it produces an unexpected result.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the first tapered end of Palermo et al. to be less than 15° as an obvious matter of design choice within the skill of the art.
Claim 6, is rejected under 35 U.S.C. 103 as being unpatentable over Ota et al. (11369057) in view of Hurley et al. (2008/0092398).
In reference to claim 6, Ota et al. disclose the claimed invention as previously mentioned above, but lack,
the cable is slack when the first and second elongated members are in the in-use configuration.
However, Hurley et al. teach that it is old and well known in the art at the time the invention was made to provide a similar tool (10) having a cable that is slack (see paragraph 104) when the first and second elongated members are in an in-use configuration (the configuration shown in Figure 1 and 21).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to modify the cable, of Ota et al., with the known technique of providing the slacked cable, as taught by Hurley et al., and the results would have been predictable. In this situation, one could provide a more advantageous and versatile device that allows different working heads…to be connected as needed by the user (paragraph 104).
Claims 4, 15 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Palermo et al. (11369057) in view of Staniszewski et al. (2019/0254411).
In reference to claims 4, 15 and 18, Palermo et al. disclose the claimed invention as previously mentioned above, but lack,
the first and second connectors are configured to rotate greater than 120° or configured to rotate approximately 180° relative to one another about the pivot axis between the in-use configuration and a stored configuration.
However, Staniszewski et al. teach that it is old and well known in the art at the time the invention was made to provide a similar foldable tool (11) having first (70) and second (80) connectors that are configured to rotate greater than 120° or configured to rotate approximately 180° (paragraphs 63 and 86) relative to one another about the pivot axis between an in-use configuration (Figure 12) and a stored configuration (Figure 13).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to modify the first and second connectors, of Palermo et al., with the known technique of providing first and second connectors that are configured to rotate greater than 120° or that rotate approximately180°, as taught by Staniszewski et al., and the results would have been predictable. In this situation, one could provide a more advantageous and versatile device that can be placed in a collapsed or folded configuration or condition for storage, packaging, and/or shipping. (paragraph 86).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Beihoffer (4829675) also shows that it is known in the art to provide a foldable tool (Figure 4 and 5) having tapered first and second ends (e.g. upper ends of 22a and 22b, Figure 4a).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT J SCRUGGS whose telephone number is (571)272-8682. The examiner can normally be reached M-F 6-2.
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, David Posigian can be reached at 313-446-6546. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ROBERT J SCRUGGS/Primary Examiner, Art Unit 3723