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 .s
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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, 3-9, and 12-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nie et al. (2012/0246942), hereinafter Nie.
Regarding claim 1, Nie teaches a power tool, comprising:
a housing 1 comprising a support portion 5;
a cutting unit 6 for cutting a target object; and
a driving device (41, 42, 43) configured to drive the cutting unit, wherein the cutting unit moves between a first position (small opening) and a second position (large opening) relative to the support portion under the action of the driving device; and
the cutting unit implements a blade lifting motion under the action of the driving device when the cutting unit moves from the first position to the second position;
wherein the blade lifting motion comprises a first mode and a second mode; in the first mode, a time for the cutting unit to implement the blade lifting motion is a first blade lifting time; in the second mode, a time for the cutting unit to implement the blade lifting motion is a second blade lifting time; and the first blade lifting time is less than the second blade lifting time.
See Figs. 1 and 2.
Regarding claim 3, a blade lifting switch 9 is best seen in Fig. 1.
Regarding claims 4-5, the blade lifting switch on provided on the handle is best seen in Fig. 1.
Regarding claim 6, Nie teaches the blade lifting switch 50 having two operating modes (B and C).
Regarding claims 7-9, Nie teaches the blade lifting switch 9 having three positions (A, B, C).
Regarding claims 12 and 13, Nie teaches the blade lifting time between 0.5-0.8 seconds.
Regarding claim 14, Niew teaches a controller in Fig. 4.
Regarding claim 15, Nie teaches a battery pack 2 in Fig.2.
Regarding claim 16, Nie teaches a power tool, comprising:
a cutting unit 6 for cutting a target object; and
a housing comprising a support portion 5 for supporting the target object;
wherein the cutting unit is configured to be movable relative to the support portion to a first position and a second position, the cutting unit implements a blade lifting motion when moving from the first position to the second position, the blade lifting motion comprises a first mode and a second mode, in the first mode, a time for the cutting unit to implement the blade lifting motion is a first blade lifting time, in the second mode, a time for the cutting unit to implement the blade lifting motion is a second blade lifting time, and the first blade lifting time is less than the second blade lifting time.
See Figs. 1 and 2.
Regarding claims 17-19, Nie teaches the blade lifting time between 0.5-0.8 seconds.
Regarding claim 20, Nie teaches a power tool, comprising:
a cutting unit 6 for cutting a target object; and
a housing comprising a support portion 5 for supporting the target object;
wherein the cutting unit is configured to be movable relative to the support portion to a first position and a second position, the cutting unit implements a blade lifting motion when moving from the first position to the second position, the blade lifting motion comprises a first mode and a second mode, in the first mode, the cutting unit implements the blade lifting motion at a first blade lifting speed, in the second mode, the cutting unit implements the blade lifting motion at a second blade lifting speed, and the first blade lifting speed is greater than the second blade lifting speed.
See Figs. 1 and 2.
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 11 is rejected under 35 U.S.C. 103 as being unpatentable over Nie et al. (2012/0246942), hereinafter Nie, in view of Oberheim (2011/0043153).
Regarding claim 11, Nie teaches the invention substantially as claimed except for the motor having two power modes.
Oberheim teaches a motor having at least two power modes for adjusting the power of the motor according to a desire of an operator. See the Abstract.
Therefore, it would have been obvious to one skilled in the art before the effective filling date of the claim invention to provide the power tool of Nie a motor having two power modes as taught by Oberheim for adjusting the power of the motor according to a desire of an operator.
Allowable Subject Matter
Claim 10 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is an examiner’s statement of reasons for allowance: claim 10 is allowable for setting a transmission device having two different transmission stages.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Response to Arguments
Applicant’s arguments with respect to claims 1, 16, and 20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PHONG H NGUYEN whose telephone number is (571)272-4510. The examiner can normally be reached M-F: 8-5.
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/PHONG H NGUYEN/Examiner, Art Unit 3724
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