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 Objections
Claim 1 has several clauses that end in a period in the middle of the claim. It is recommended to change the punctuation to a semicolon to match the other clauses in the claim.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “105” has been used to designate both “feedstock clamp” and “dynamic jaw”.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “106” has been used to designate both “feedstock clamp” and “adjustment lever”.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “301” has been used to designate both “a contact surface” and “opposing jaw frame” (In Claim 1).
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “305” has been used to designate both “a cutting bit” and “a shaft”.
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. 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.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: 103, 107, 205, 308, 309, 402, 403, 404, 407, 408, 410. It is noted that Items 308 and 309 are present in the specification but there is no description of what they are.
Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) 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. 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.
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “holes cut into the opposing jaw frame” and “ACME thread type screw” in Claim 1 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
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 Interpretation
Claim 1 recites instances of functional/intended use language (See MPEP 2114) including:
“allowing the location of the centerline of the feedstock to be adjusted along the axis of the driven jaw”
“to further secure the feedstock”
“such that 2 or more places are available to clamp the jaw into the frame;”
“allow a broader range of feedstock sizes to be clamped in a relatively small machine”
“allow them to translate past one another to facilitate clamping on a broad variety of feedstock sizes in a relatively small machine.”
“allow greater workplace area”
“ensuring worker safety compared to a machine that must be fed feedstock from multiple directions”
“are milled or laser etched into the frame for longevity of the device”
“allow notches to be made quickly and safely on preexisting bend feedstock”
“allow any off the shelf hole saw to be used”
“allow various lengths of hole saws to be interchanged easily and quickly”
The claim will be interpreted based on what the structure of the device/product is and its suitability to perform the claimed intended use or functional limitations.
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.
Claim 1 is 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.
Claim 1 recites “the same axis”. There is insufficient antecedent basis for this limitation.
Claim 1 recites “the centerline”. There is insufficient antecedent basis for this limitation.
Claim 1 recites “the axis”. There is insufficient antecedent basis for this limitation.
Claim 1 recites “the jaw of claim 1”. There are two jaws previously recited (driven jaw and opposing jaw), so it is unclear which jaw this recitation is referring to.
Claim 1 recites “the object secured”. There is insufficient antecedent basis for this limitation.
Claim 1 recites “each jaw (opposable and static)”. It is unclear which jaws are being referred to in this limitation. There is no previous recitation of “opposable” or “static” jaws.
Claim 1 recites “feedstock” in section (d). There has already been a feedstock previously recited in the claim so it is unclear if this is a new feedstock of referring to the previous recitation(s).
Claim 1 recites “the jaw” in section (d). There are two jaws previously recited (driven jaw and opposing jaw), so it is unclear which jaw this recitation is referring to.
Claim 1 recites “the frame”. There is insufficient antecedent basis for this limitation.
Claim 1 recites “opposing jaw frame”. There is insufficient antecedent basis for this limitation.
Claim 1 recites “the driven and opposing jaw faces”. There is insufficient antecedent basis for this limitation.
Claim 1 recites “broader range” which is a relative term which renders the claim indefinite. The term “broader” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
Claim 1 recites “relatively small” which is a relative term which renders the claim indefinite. The term “relatively” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
Claim 1 recites “broad variety” which is a relative term which renders the claim indefinite. The term “broad” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
Claim 1 recites “the handle”. There is insufficient antecedent basis for this limitation.
Claim 1, section j recites “the frame”. There is insufficient antecedent basis for this limitation.
Claim 1 recites “the device”. There is insufficient antecedent basis for this limitation.
Claim 1 recites “the driveshaft”. There is insufficient antecedent basis for this limitation.
Claim 1 recites “the cutting blade frame”. There is insufficient antecedent basis for this limitation.
One example of how to remedy the 112(b) issues presented above is as follows with changes marked in bold (additions are underlined and subtractions are noted with strikethrough and/or double brackets):
Claim 1 (Currently Amended) A tube notcher with an adjustable and opposable clamping mechanism, comprising of a driven jaw that translates to clamp down on a feedstock to secure it against an opposing jaw wherein the opposing jaw can translate (and subsequently lock) in [[a same axis as the driven jaw, allowing the location of [[a centerline of the feedstock to be adjusted along [[an axis of the driven jaw:
a. Wherein together the driven and opposing jaws have four points of contact with the feedstock secured;
b. A profile wherein each of the jaws have a 90-degree angle;
c. Wherein each of the jaws have incremented edges to further secure the feedstock;
d. Wherein the opposing jaw has hardware on opposing sides of the feedstock such that 2 or more places are available to clamp the opposing jaw into [[a frame of the opposing jaw;
e. Wherein the driven jaw is powered by an ACME thread type screw;
f. Wherein the driven jaw is able to penetrate the frame of the opposing jaw through holes cut into the frame of the opposing jaw to allow a range of feedstock sizes to be clamped in a small machine;
g. Wherein faces of the driven and opposing jaws occupy different planes to allow them to translate past one another to facilitate clamping on a variety of feedstock sizes in a small machine[[.]];
h. Wherein a [[ handle is removeable to allow greater workplace area[[.]];
i. Wherein 120 degrees of over travel allows the tube notcher to be fed from one side, ensuring worker safety compared to a machine that must be fed feedstock from multiple directions;
j. Wherein offset adjustment and angle scale increments are milled or laser etched into the tube notcher for longevity of the device;
k. Wherein the opposing jaw in conjunction with offset adjustment allow notches to be made quickly and safely on preexisting bend feedstock[[.]];
l. Wherein a [[ driveshaft is outfitted with threads that allow any off the shelf hole saw to be used;
m. Wherein a [[ cutting blade frame is sufficiently long to allow various lengths of hole saws to be interchanged easily and quickly.
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 1 is rejected under 35 U.S.C. 103 as being unpatentable over Gambino (US20220088688A1) in view of Morton (US20120126534A1) and Hughes (US20090022559A1).
Claim 1
Gambino teaches a tube notcher (100) with an adjustable (143) and opposable (143) clamping mechanism (104), comprising of a driven jaw (143) that translates (¶0045) to clamp down on a feedstock (¶0043) to secure it against an opposing jaw (Figure 1) wherein the opposing jaw can translate (and subsequently lock) in the same axis as the driven jaw (Figures 1 and 3-4 show pivots (111, 112) that allow the jaws to translate (move) about an axis of the pivots. Figure 4 shows a pivot lock mechanism (117) that allows the system to lock.), allowing the location of the centerline of the feedstock to be adjusted along the axis of the driven jaw (This function is met by the pivoting movement.):
a. Wherein the jaw of claim 1 has four points of contact with the object secured (Figure 3 shows the jaws (143) together have four surfaces that contact the feedstock (102).);
b. A profile wherein each jaw (opposable and static) have a 90-degree angle (Figure 3 shows the jaw inner faces are formed of two angled portions. The angle between the portions is 90 degrees.);
c. Wherein each jaw has incremented edges to further secure the feedstock (Figure 3 shows the jaws have an incremented edge.);
d. Wherein the opposing jaw has hardware (117 and 126) on opposing sides (Figure 1) of feedstock such that 2 or more places are available to clamp the jaw into the frame (The tube notcher in Figure 1 has two locking mechanisms (117 and 126) that clamp the jaws (143) in relation to the overall frame of the notcher3.);
e. Wherein the driven jaw is powered by a screw (¶0045 teaches the movement of the jaw (143) is done by rotating the handle.)
f. Wherein the driven jaw is able to penetrate the frame of the opposing jaw through holes cut into the opposing jaw frame (ref. 301) (Figure 1 shows the “opposing jaw frame” is in the form of a rectangular prism shape with multiple open sides. The open sides are the claimed “holes” that allow the driven jaw (143) to penetrate into the interior of the rectangular prism shaped jaw.) to allow a broader range of feedstock sizes to be clamped in a relatively small machine (Since Gambino meets the structural requirements presented in relation to this intended use, the tube notcher satisfies this limitation.);
g. Wherein the driven and opposing jaw faces (143) occupy different planes (Figures 1 and 5 show the end faces of the jaws are not directly aligned with one another when closed together.) to allow them to translate past one another to facilitate clamping on a broad variety of feedstock sizes in a relatively small machine (Since Gambino meets the structural requirements presented in relation to this intended use, the tube notcher satisfies this limitation.);
h. Wherein the handle (303) is removeable (Figures 1 and 3 show the handle (142) is secured via screws to the shaft. This means it is removable.) to allow greater workplace area (Since Gambino meets the structural requirements presented in relation to this intended use, the tube notcher satisfies this limitation.);
i. Wherein 120 degrees of over travel (Figure 4 shows the curved channel (116) that delimits the pivoting motion allows at least 120 degrees of pivoting motion.) allows the device to be fed from one side, ensuring worker safety compared to a machine that must be fed feedstock from multiple directions (Since Gambino meets the structural requirements presented in relation to this intended use, the tube notcher satisfies this limitation.);
j. Wherein angle scale increments (Figure 1 shows an angle scale is present on the surface of the notcher.) are milled or laser etched into the frame (The method of forming the angle scale does not indicate a specific structural limitation for the product claim.) for longevity of the device (Since Gambino meets the structural requirements presented in relation to this intended use, the tube notcher satisfies this limitation.);;
k. Wherein the opposing jaw in conjunction with offset adjustment (Figure 11 shows an opposing jaw (143) and an offset adjustment system (139).) allow notches to be made quickly and safely on preexisting bend feedstock (Since Gambino meets the structural requirements presented in relation to this intended use, the tube notcher satisfies this limitation.);
l. Wherein the driveshaft (305) (180) allows any off the shelf hole saw to be used (¶0113 teaches that multiple saw blades or other cutting mechanisms can be used.)
m. Wherein the cutting blade frame (304) (Figure 2 shows the frame around the hole saw (182).) is sufficiently long to allow various lengths of hole saws to be interchanged easily and quickly. (Figure 2 shows the frame around the hole saw (182) has a length sufficient to allow different size hole saws to be used.)
Gambino does not explicitly disclose an ACME thread type screw (104);
However, Morton teaches the use of ACME thread type screws. (¶0052 or ¶0072 teach the use of ACME thread for a threaded rod (650).)
One of ordinary skill would have been motivated to combine the known ACME thread of Morton to the screw shaft of Gambino in order to use a thread type that allows for smooth and rapid advancement. (Morton, ¶0072)
Therefore, it would have been obvious to one of ordinary skill in the art, at the time the invention was effectively filed, to combine the known ACME thread of Morton to the screw shaft of Gambino because it has been held to be prima facie obvious to combine prior art structures according to known methods to yield predictable results. See MPEP 2143(I)(A).
Gambino does not explicitly disclose an offset adjustment scale.
However, Hughes teaches the use of an offset adjustment scale. (Figure 2 teaches the tube notching apparatus includes an offset adjustment scale (76).)
One of ordinary skill would have been motivated to combine the known offset adjustment scale of Hughes to the tube notcher of Gambino in order to achieve the desired offset relative to the workpiece as may be measured on the scale. (Hughes ¶0032)
Therefore, it would have been obvious to one of ordinary skill in the art, at the time the invention was effectively filed, to combine the known offset adjustment scale of Hughes to the tube notcher of Gambino because it has been held to be prima facie obvious to combine prior art structures according to known methods to yield predictable results. See MPEP 2143(I)(A).
Gambino does not explicitly disclose the driveshaft is outfitted with threads.
However, Hughes teaches the driveshaft is outfitted with threads. (Figure 4 teaches a shaft (110) for turning a hole saw (116). ¶0030 teaches the shaft has threads for engagement with the cutting tool.)
One of ordinary skill would have been motivated to combine the known threaded shaft of Hughes to the tube notcher of Gambino in order to use a shaft that is configured for operative engagement with a hole saw. (Hughes ¶0030)
Therefore, it would have been obvious to one of ordinary skill in the art, at the time the invention was effectively filed, to combine the known threaded shaft of Hughes to the tube notcher of Gambino because it has been held to be prima facie obvious to combine prior art structures according to known methods to yield predictable results. See MPEP 2143(I)(A).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure can be found on the PTO-892 Form.
Document
Date
Description of Relevant Subject Matter
US20120126534A1
2011-06-08
¶0020 teaches the use of ACME threads on a threaded shaft.
US20090022559A1
2007-07-16
Figure 1 teaches a tube notching apparatus that has a shaft (110) that is threaded (¶0030). Figure 2 teaches the use of a offset (76) and angle (102) scale.
US20040129125A1
2003-12-18
¶0027 teaches the use of etching mechanically or using laser marking to form a scale on a cutting tool.
US20180043439A1
2016-08-12
Figure 1 teaches jaws that hold a tube to be notched on a tube notching machine. The machine also includes a shaft (11) that moves along a cutting path.
US8734066B2
2011-03-23
Figure 1 teaches a tube notching apparatus that includes an angle and offset scale (45). The apparatus also includes a shaft (172) that has a hole saw (175) positioned at one end. There is a removable handle (80) that controls the movement of the vise (50).
US8152419B1
2008-11-25
Figure 1 teaches a tube notching device that includes an angle scale (23) on the frame of the device. The device also has a shaft (76) and a hole saw (80) for notching the tube. Figure 2 shows the clamp jaw assembly (28) has a moveable (34) jaw and a fixed jaw (29), with the movable one being actuated by a threaded rod (52).
US20080107490A1
2006-11-02
Figure 1 teaches a tube notching apparatus that includes a movable clamp system (20) that has grooves (62) on the clamp (60); a shaft (102) that is threaded (¶0036) that supports a hole saw (110); offset and angle gauges (Figure 1).
US5845912A
1997-05-07
Figure 1 teaches a tool that includes a scale etched in the surface.
US5775856A
1996-10-28
Figure 1 teaches a tool that includes a scale etched in the surface.
US5154548A
1991-09-27
Figure 4 teaches a tool having a scale (42) etched in the surface.
US5090280A
1990-03-21
Figure 3 teaches a tool having a scale (36) etched in the surface.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Michael W Hotchkiss whose telephone number is (571)272-3854. The examiner can normally be reached Monday-Friday from 0800-1600.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sunil K Singh can be reached at 571-272-3460. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MICHAEL W HOTCHKISS/Primary Examiner, Art Unit 3726