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 .
Claim Rejections - 35 USC § 103
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 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 1, 2, 9, 10, 12, 13, and 29 are rejected under 35 U.S.C. 103 as being unpatentable over US Patent No. 8,146,474 to Szymanski.
In re claim 1, Syzmanski teaches a chainsaw chain for a chainsaw, the chainsaw chain comprising:
a plurality of drive links (Col. 5, lines 25-29) configured to connect the chainsaw chain to the chainsaw, each drive link including a drive link body, and
a plurality of cutters (12) configured to cut a workpiece during a cutting operation, each cutter including a cutter body having a pair of rivet holes (as shown in at least Figure 1, rivet 20 extends though the rivet hole) extending therethrough and a longitudinal axis extending through the pair of rivet holes,
a cutting tooth (44) coupled to an upper portion of the cutter body, the cutting tooth having a top plate (48) that extends outward and perpendicular (as shown in at least Figure 5) to the cutter body and a lead edge (see Annotated Figure 1, below) defined along a side (see Annotated Figure 1, below) of the top plate,
a carbide cutting insert (36, Col. 2, lines 54-59, Col. 7, lines 38-52) permanently attached to the cutting tooth,
a feed limiter (see Annotated Figure 1, below) coupled to the upper portion of the cutter body and spaced from the cutting tooth, and a gullet (see Annotated Figure 1) defined between the cutting tooth and the feed limiter; and
a plurality of rivets (20) received within corresponding rivet holes of the plurality of drive links (Col. 5, lines 25-29) and the plurality of cutters (20) to couple the plurality of drive links and the plurality of cutters together (Col. 5, lines 39-47),
wherein the carbide insert (18) of at least one cutter is positioned along a surface of the top plate (48) such that the carbide cutting insert extends across a portion of the lead edge, the carbide cutting insert is oriented parallel to the longitudinal axis such that the carbide cutting insert overlaps a portion of the gullet (as shown in at least Figures 4 and 8) and a longest dimension (as shown in at least Figures 4 and 8) of the carbide cutting insert extends parallel to the longitudinal axis.
Note, the carbide cutting inserts merely have to be capable of being permanently attached to the cutting tooth in which they are. Per Merriam-Webster Dictionary, the term “permanent” is defined as not easily removed, washed away, or erased; continuing or enduring without fundamental or marked change. Col. 9, lines 57-64, Col. 10-lines 1-9 discloses the cutting member is self-locking and can only be removed by tapping it or using a specialized tool that applies a force in the chain travel direction. It has been interpreted, the cutting insert is not easily removed and during use the insert is permanently attached, since the insert is continuously used without fundamental change.
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In re claim 9, wherein the lead edge is defined by a portion of the carbide cutting insert and the top plate (as shown in at least Figure 5).
In re claim 10, wherein the lead edge defines a cutting corner (as shown in at least Figure 8).
In re claim 12, wherein the carbide cutting insert (36) extends a portion of the cutting corner of the lead edge.
In re claim 13, wherein the cutting tooth (44) includes a side plate defined along the side of the top plate (as shown in at least Annotated Figure 1).
In re claim 29, wherein the carbide cutting insert extends along a portion of the top plate (as shown in at least Figure 8).
Regarding claim 1, the embodiment to Figures 1-8 of Syzmanski teach drive links or drivers are adapted to drive the chain in a well known manner and have a conventional design which engages the chain saw drive sprocket and sprocket at the end of the guide bar. The embodiment to Figures 1-8 of Syzmanski does not explicitly teach a rivet hole extending through the drive link body and a tang extending from the drive link body and configured to engage a drive element of the chainsaw.
Referring to alternative embodiment Figures 9-10, Syzmanski teaches a rivet hole extending through the drive link body and a tang (see Annotated 2, below) extending from the drive link body and configured to engage a drive element of the chainsaw.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to provide the drive link to embodiment Figures 1-8 of Syzmanski with rivet holes and a tang as taught by alternative embodiment to Figures 9-10 of Syzmanski to maintain stability of the chain in order to prevent twisting or wobbling which reduces the risk of user injury and misaligned cuts.
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In re claim 2, modified Syzmanski teaches further comprising a plurality of tie straps (14), wherein each tie strap includes a tie strap body and a rivet hole (as shown in at least Figure 1, rivet 20 is disposed in rivet hole) extending through the tie strap body, and wherein the plurality of rivets (20) is also received within corresponding rivet holes of the plurality of tie straps (14) to couple the plurality of drive links (see alternative embodiment to Figures 9-10, Syzmanski), the plurality of cutters (36), and the plurality of tie straps together (14).
Claim Rejections - 35 USC § 103
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 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 3 is rejected under 35 U.S.C. 103 as being unpatentable over Szymanski in view of CN 114536481 to Ni et al.
In re claim 3, Zheng teaches wherein the cutter body of each cutter has a toe and a heel formed on a bottom portion of the cutter body and spaced from each other, but does wherein the toe and the heel are formed as chamfer edges.
Ni teaches a cutter body having a toe and a heel having chamfer edges (as shown in at least Figure 1).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to shape the tow and heal of Szymanski to have chamfer edges as taught by Ni which is advantageous for durability and impact resistance.
Response to Arguments
The claim objections in the Office Action mailed June 15, 2026 have been obviated by the amendments filed September 15, 2026.
Applicant’s arguments with respect to claim(s) 1-3, 9, 10, 12, 13 and 29 have been considered but are moot because the new ground of rejection does not rely on the combination of references applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. EP0648586 and US 2852048 teach a cutter body having a cutting insert permanently attached to the body.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JENNIFER S MATTHEWS whose telephone number is (571)270-5843. The examiner can normally be reached Monday-Thursday 8am-4pm.
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/JENNIFER S MATTHEWS/Primary Examiner, Art Unit 3724
