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 .
Application Status
Claims 1 and 3-13 are pending in this application. Claim 2 has been cancelled and claim 1 amended by way of the response filed 13 February 2026.
Response to Arguments
Applicant's arguments filed 13 February 2026 have been fully considered but they are not persuasive. Applicant refers to the previous office action as having rejected claims 1-6 as unpatentable over Smith in view of Brown, claims 7-12 as unpatentable over Smith in view of Eisener, and claim 13 as unpatentable over Smith in view of Jackson. The previous office action had actually rejected claims 1-6 as anticipated by Brown, claims 7-12 as unpatentable over Brown in view of Eisener, and claim 13 as unpatentable over Brown in view of Jackson.
While applicant’s response has overcome the rejection under 35 USC 102 of claim 1 as anticipated by Smith, the rest of applicant’s arguments are directed to rejections that do not exist. As such, they are unpersuasive.
Claim Objections
Claims 3-7 objected to because of the following informalities: they all currently depend from claim 2, which has been cancelled; they have been examined as though they depend from claim 1. Appropriate correction is required.
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 and 3-6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Brown (US 3888003).
With respect to claim 1, Brown discloses a crop harvesting apparatus (in the abstract, Brown discloses a clipper that can cut things, which includes crop stalks) comprising:
a pressure generator configured to generate a pressure (in figure 1, Brown discloses pressure source 25 which reads on a pressure generator that generates a pressure);
a driver configured to have a shape that changes in response to receiving the pressure from the pressure generator (in comparing figures 2 and 3, Brown discloses bellows 40 and 41 that inflate to change the gap between jaws 59 and 60; the bellows read on being part of a driver and thus this disclosure meets the limitations of a driver that changes shape in response to pressure because the bellows portion of the driver changes shape); and
a cutter configured to cut an object to be cut in accordance with a change in the shape of the driver (in figure 1, Brown discloses jaws 59 and 60 that can be, as mentioned in the abstract, cutters),
wherein the driver includes:
a main body connected to the pressure generator and into which a fluid is injected (in figure 2 and lines 6-17 of column 3, Brown discloses housing 22, which receives pressurized air from the pressure source 25; in paragraph 41 of the current application, applicant says that the fluid may be air); and
a driving member connected to the main body and configured to contract or expand in proportion to a size of a pressure formed inside the main body (in figures 2 and 3, Brown discloses bellows 40 and 41 that expand or contract in response to the pressurized air delivered by the pressure valve 29 which is within the housing 22; for the sake of this discussion, a bellow of Brown correspond to the claims’ driving member).
With respect to claim 3, Brown discloses the limitations of claim 2. Brown further discloses the main body includes:
a chamber (in figure 2, Brown discloses pressure valve 29, which reads on a chamber because valves have open space inside them which allows material – air in this case – to selectively pass through);
an entry/exit member formed to pass through one side of the chamber and connected to the pressure generator (in figures 1 and 2, Brown discloses flexible tubing 36 that attaches to the pressure source and brings pressurized air into the valve, through which the air passes – see also lines 6-17 of column 3); and
a transmitter formed to pass through the other side of the chamber and connected to the driving member (in figures 2 and 3 as well as lines 9-17 of column 3, Brown discloses exit ports 38 and 39 that are connected to the bellows 40 and 41 and extending out of the pressure valve 29; in the figures, the exit ports are formed in the left side of the pressure valve, so the left side of the pressure valve reads on the claims’ other side of the chamber).
With respect to claim 4, Brown discloses the limitations of claim 2. Brown further discloses the driving member has one side connected to the main body and the other side connected to the cutter to move the cutter while contracting or expanding (in figure 2, Brown discloses that the bottom side of bellow 40 is connected to the lower sidewall of housing 22; in figure 2, Brown discloses that the top side of bellow 40 is connected to lever arm 51 via lever support member 45, which is part of the cutter because lever arm 51 terminates in jaw 59 which has been shown to be part of a cutter; comparing figures 2 and 3, Brown discloses that the cutter moves when the driving members expand or contract).
With respect to claim 5, Brown discloses the limitations of claim 2. Brown further discloses the driving member is formed of a stretchable material (in lines 18-21 of column 3, Brown discloses that the bellows are made from a polymer coated fabric; polymer coated fabrics are stretchable, although the degree to which they stretch is based on the specific properties of the polymer and fabric).
With respect to claim 6, Brown discloses the limitations of claim 2. Brown further discloses the driving member is provided as a pair of driving members, and the pair of driving members are disposed at both sides of the main body (in figure 2, Brown discloses bellows 40 and 41, which read on a pair of driving members; as shown in figure 2, the bellows are disposed on opposite sides of the pressure valve 29).
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 7-12 are rejected under 35 U.S.C. 103 as being unpatentable over Brown in view of Elsener, Sr. (US 6324712 hereinafter Elsener).
With respect to claim 7, Brown discloses the limitations of claim 2. Brown further discloses the cutter includes:
a cutting body rotatably connected to the main body (in comparing figures 2 and 3, Brown discloses lever arms 51 and 52 rotating relative to each other and to housing 22);
a gripper configured to extend from the cutting body and grip or release the object to be cut in a rotating direction of the cutting body (in figure 3, Brown discloses a rounded gap formed between the lever arms 51 and 52, just to the left of the pivot axis in the diagram and to the right of the jaws 59 and 60; in the current application’s figure 11, the gripper is shown as jaws 320 that form a rounded opening between two jaws, even when the jaws are pressed together; given this example of a gripper from the current application, the gap in Brown reads on a gripper); and
a blade provided at the gripper (in the abstract, Brown discloses that the device can be used as snips or a cutter, either of which includes at least one blade located with the jaws 59 and 60 – this location reads on the generalized location of “at” the opening).
Brown does not disclose that the blade is configured to cut the object to be cut as the gripper grips the object to be cut.
However, Elsener, which is directed to tool jaws with cutting structures, discloses a blade is configured to cut the object to be cut as the gripper grips the object to be cut (in figure 11, Elsener discloses notch 210 formed on a sharp edge 204 – see also lines 40-44 of column 4; this sharp edge of the notch reads on a blade configured to cut an object that is gripped within the notch).
Therefore it would have been obvious to a person of ordinary skill in the art before the effective date of the instant invention to modify the gripping opening and jaw alignment of Brown by adding a sharp edge within the rounded opening and allowing the opening to fully close as taught by Elsener with the motivation to “facilitate cutting” (Elsener, lines 53-54 of column 4). Note that the invention of Brown is described in its abstract as applicable to pivotally interconnected lever tools, which includes the tool disclosed by Elsener.
With respect to claim 8, Brown in view of Elsener discloses the limitations of claim 7. Brown in view of Elsener further discloses the cutting body is provided as a pair of cutting bodies, and the pair of cutting bodies rotate in opposite directions from each other while the driving member contracts or expands (in a comparison of figures 2 and 3, Brown discloses lever arms 51 and 52, which read on a pair of cutting bodies; the lever arms rotate in opposite directions as the bellows expand – the change shown going from figure 2 to figure 3 have lever arm 52 rotating clockwise about pivot axis 61 while lever arm 51 rotates counterclockwise).
With respect to claim 9, Brown in view of Elsener discloses the limitations of claim 7. Brown in view of Elsener further discloses the gripper is formed in the shape of a hook and surrounds a circumferential surface of the object to be cut (in figures 2 and 3, Brown discloses the gripper portion as rounded, like the shape of an hook, but without a barb; Elsener also discloses a notch that can be used to snag material that is intended to be cut, such as in figures 7 and 11; lines 45-51 of column 4 in Elsener disclose that the cutting can be of a tubular structure – wire – that has a circumferential surface).
With respect to claim 10, Brown in view of Elsener discloses the limitations of claim 7. Brown in view of Elsener further discloses the blade extends along an inner side surface of the gripper that comes in contact with the object to be cut (in in figure 11, Elsener discloses notch 210 formed on a sharp edge 204 – see also lines 40-44 of column 4; lines 45-51 of column 4 in Elsener disclose that the cutting is done by these sharp edges along the inside of the notch).
With respect to claim 11, Brown in view of Elsener discloses the limitations of claim 7. Brown in view of Elsener further discloses the blade cuts the object to be cut as the main body moves in a state in which the gripper is gripping the object to be cut (in the abstract, Brown discloses a cutter that cuts objects to be cut and can perform this action if the housing is moving; as modified by Elsener, the cutting can be done of the object to be cut in a state in which the gripper is gripping the object to be cut – in this interpretation of the claim, the examiner is applying the prepositional phrase “in a state” to the object to be cut while the prepositional phrase beginning “in which the gripper . . .” modifies the state).
With respect to claim 12, Brown in view of Elsener discloses the limitations of claim 7. Brown in view of Elsener further discloses the cutter further includes a rotation support portion provided between the cutting body and the main body and configured to rotatably support the cutting body relative to the main body (in figure 2, Brown discloses pivot axis 61, which reads on a rotation support portion; the pivot axis is connected to both the housing 22 and the lever arms 51 and 52 so it supports the lever arms with respect to the housing; as disclosed in lines 21-26 of column 4, the connection between the housing and pivot axis is effected by convex dimples 62 that capture the exposed ends of the cutter pivot 61).
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Brown in view of Elsener as applied to claim 12 above, and further in view of Jackson (US 2023/0122435).
With respect to claim 13, Brown in view of Elsener discloses the limitations of claim 7. Brown in view of Elsener further discloses the rotation support portion includes: a rotation pin inserted into an insertion portion provided at the main body and configured to rotatably support the cutting body (in lines 21-26 of column 4, Brown discloses cutter pivot 61, which reads on a rotation pin inserted into an insertion portion; because the cutter pivot is disclosed as being inside the housing 22, the cutter pivot and its insertion portion are at the housing; the lever arms 51 and 52 rotate about the cutter pivot 61 and are thus rotatably supported).
Brown in view of Elsener does not disclose a snap ring fastened to the rotation pin and configured to prevent the rotation pin from being detached from the main body.
However, Jackson, which is directed to coupling bodies together so that they can rotate with respect to each other, discloses a snap ring fastened to the rotation pin and configured to prevent the rotation pin from being detached from the main body (in figure 3C and paragraph 60, Jackson discloses securing a rotation pin by attaching a snap ring; adding he snap ring to secure the cutter pivot of Brown would hold the lever arms together better than just the frictional force of the dimples, and so prevent the lever arms and their rotation pin from becoming detached from the housing).
Therefore it would have been obvious to a person of ordinary skill in the art before the effective date of the instant invention to combine the snap ring of Jackson with the cutter pivot of Brown in view of Elsener because each element merely performs the same function that it does individually. The predictable result of the combination is a pivot axis that is tightly secured (see MPEP 2143(I)(A)).
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 DOUGLAS JAMES MEISLAHN whose telephone number is (703)756-1925. The examiner can normally be reached 8:30-5:30 EST M-Th, M-F.
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, Joseph Rocca can be reached at (571) 272-8971. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/DOUGLAS J MEISLAHN/Examiner, Art Unit 3671
/JOSEPH M ROCCA/Supervisory Patent Examiner, Art Unit 3671