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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a) because they fail to show “fixing members 324” as described in para. [0060] of the specification. Any structural detail that is essential for a proper understanding of the disclosed invention should be shown in the drawing. MPEP § 608.02(d). 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 § 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 and 3-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tao et al. (2023/0051358), hereinafter Tao.
Regarding claim 1, Tao teaches a power tool, comprising:
a housing comprising 11 a support portion;
a cutting unit 20 for cutting a target object; and
a driving device 40 configured to drive the cutting unit, wherein the cutting unit moves between a first position and a second position 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 9.
Regarding claim 3, a blade lifting switch 50 is best seen in Fig. 9.
Regarding claims 4-5, the blade lifting switch on provided on the handle is best seen in Fig. 1.
Regarding claim 6, Tao teaches the blade lifting switch 50 having two operating modes.
Regarding claims 7-9, Tao teaches the blade lifting switch 50 having three positions.
Regarding claim 10, a transmission unit is best seen in Fig. 7.
Regarding claim 11, Tao teaches an electric motor having seven output speeds in para. [0078] which covers the two claimed power modes of the motor.
Regarding claims 12 and 13, Tao teaches the same gear arrangement as the claimed gear arrangement of the invention. Therefore, the gear arrangement in Tao are capable of setting the claimed lifting time and the lifting ratio of claims 12 and 13.
Regarding claim 14, Tao teaches a controller in Figs. 13-15.
Regarding claim 15, Tao teaches a battery pack 14 in Fig. 1.
Regarding claim 16, Tao teaches a power tool, comprising:
a cutting unit 20 for cutting a target object; and
a housing comprising a support portion 121 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 9.
Regarding claims 17-19, Tao teaches the same gear arrangement as the claimed gear arrangement of the invention. Therefore, the gear arrangement in Tao are capable of setting the claimed lifting time and the lifting ratio of claims 17-18.
Regarding claim 20, Tao teaches a power tool, comprising:
a cutting unit 20 for cutting a target object; and
a housing comprising a support portion 121 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 9.
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 12-13 and 17-18 are rejected under 35 U.S.C. 103 as being unpatentable over Tao et al. (2023/0051358), hereinafter Tao.
Tao discloses the claimed invention except for the ratio of the lifting times and the lifting time. It would have been obvious to one having ordinary skill in the art before the effective filling date of the claimed invention to make the power tool in Tao having the claimed lifting time ration and the claimed lifting time, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Response to Arguments
Applicant's arguments filed 12/29/2025 have been fully considered but they are not persuasive. Tao teaches a lifting motion of the blade 20 when the blade 20 moves away from the support 121. Depending on the position of the brake assembly 32, the movement of the cutting blade 20 toward and away from the support 121 can be fast or slow. See para. [0048-0049], [0058-0060] and [0064]. Therefore, Tao reads on the claim language.
Conclusion
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 nonprovisional extension fee (37 CFR 1.17(a)) 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.
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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Boyer Ashley can be reached at 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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/PHONG H NGUYEN/Examiner, Art Unit 3724