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 § 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, 6-12, and 15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US Patent No. 5,402,581 to Hurd et al.
In re claim 1, Hurd teaches a miter gauge comprising:
a miter housing (8); and
a miter bar (1) comprising:
a first portion (as shown in at least Figure 3 and Annotated Figure 2, below) to which the miter housing (8) is attached and that has a fixed first width (as shown in at least Figure 3); and
a second portion (as shown in at least Figure and Annotated Figure 2, below) having a width adjustment system (5,6) configured to adjust a second width of the second portion, the second portion including a first prong (see Annotated Figure 1, below) and a second prong (see Annotated Figure 1, below) separated longitudinally from one another by a longitudinal slot, the longitudinal slot terminating in the second portion (as shown in at least Figure 3, the longitudinal slot terminates at the end of the second portion).
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In re claim 2, wherein the width adjustment system (5,6) includes a plurality of width adjusting arrangements (as shown in at least Figure 1) spaced apart along a longitudinal direction of the second portion of the miter bar (as shown in at least Figure 3), each of the plurality of width adjusting arrangements (5,6) configured to locally adjust a width of the second portion.
In re claim 3, wherein each of the width adjusting arrangements (5,6) includes a first adjusting member (6) configured to exert a first force urging the first and second prongs away from one another, and a second adjusting member (5) configured to exert a second force urging the first and second prongs toward one another, the first and second forces acting together to locally adjust the width of the second portion (Col. 2, lines 9-23).
In re claim 6, wherein the first prong (as shown in at least Figure 2) defines a first outer surface of the miter bar (1), and the second prong (as shown in at least Figure 2) defines a second opposite outer surface of the miter bar, said first and second outer surfaces configured to engage corresponding side surfaces of a T-shaped slot of a table saw (Col. 2, lines 9-23).
In re claim 7, wherein the longitudinal slot (as shown in at least Figure 1 and 2) extends substantially along a longitudinal center of the miter bar.
In re claim 8, wherein the miter bar defines a pivot hole (as shown in at least Figure 3) separating the first portion from the second portion, the miter housing (8) being selectively pivotable about the pivot hole.
Note, as shown in at least Figure 3, the miter housing has a slotted hole, a pointer, and indicia, providing sufficient support that the miter housing pivots.
In re claim 9, wherein the miter bar (1) has a first end and a second end, the first portion including the first end (as shown in at least Figures 1 and 3) and the second portion including the second end (as shown in at least Figures 1 and 3).
In re claim 10, wherein the longitudinal slot is defined in the miter bar extending from the pivot hole to the second end (as shown in at least Figure 3).
In re claim 11, Hurd teaches a width adjustment system configured to adjust a width of a second portion of a miter bar comprising:
a longitudinal slot (as shown in at least Figure 2) defined in the second portion of the miter bar separating the miter bar into a first prong (see Annotated Figure 1, above) and a second prong (see Annotated Figure 1, above), the first and second prongs projecting longitudinally from a first portion of the miter bar (as shown in at least Annotated Figure 2, on Page 3, above), the longitudinal slot terminating in the second portion (the longitudinal slot terminates at the end of the second portion, as shown in at least Figure 3);
a plurality of width adjusting arrangements (5,6) spaced apart along a longitudinal direction of the second portion of the miter bar, each of the plurality of width adjusting arrangements configured to locally adjust a width of the longitudinal slot and thereby an associated width of the second portion.
In re claim 12, wherein each of the width adjusting arrangements (5,6) includes a first adjusting member (6) configured to exert a first force urging the first and second prongs away from one another, and a second adjusting member (5) configured to exert a second force urging the first and second prongs toward one another, the first and second forces acting together to locally adjust the width of the longitudinal slot (Col. 2, lines 9-23)
In re claim 15, wherein the miter bar (1) has a first end and a second end, and the longitudinal slot (as shown in at least Figures 1 and 2) extends from the second end a pivot hole (as shown in at least Figure 3), which separates the miter bar into the first portion, which has a fixed width (as shown in at least Figure 3) and the second portion (as shown in at least Figure 3).
Claims 1-3, 6-12, and 15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US Patent No. 10,166,692 to Frolov.
In re claim 1, Frolov teaches a miter gauge comprising:
a miter housing (104); and
a miter bar (108) comprising:
a first portion (as shown in at least Figure 4, extending in front of the miter attachment 104 in the direction of the arrow X) to which the miter housing (104) is attached and that has a fixed first width (as shown in at least Figure 6a); and
a second portion (as shown in at least Figure 4 and extending under and behind the miter attachment 104 in the direction of the arrow X in at least Figure 4) having a width adjustment system (128,204) configured to adjust a second width of the second portion, the second portion including a first prong (188, see Annotated Figure 3, below) and a second prong (168, see Annotated Figure 3, below) separated longitudinally from one another by a longitudinal slot (18), the longitudinal slot terminating in the second portion (as shown in at least Figure 5, the longitudinal slot terminates at the end of the second portion).
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In re claim 2, wherein the width adjustment system (128,204) includes a plurality of width adjusting arrangements (as shown in at least Figure 7) spaced apart along a longitudinal direction of the second portion of the miter bar (as shown in at least Figure 7), each of the plurality of width adjusting arrangements (128,204) configured to locally adjust a width of the second portion.
In re claim 3, wherein each of the width adjusting arrangements (128,204) includes a first adjusting member (128) configured to exert a first force urging the first and second prongs away from one another, and a second adjusting member (204) configured to exert a second force urging the first and second prongs toward one another, the first and second forces acting together to locally adjust the width of the second portion (Col. 7, lines 58-67, Col. 8, lines 1-18).
In re claim 6, wherein the first prong (188) defines a first outer surface of the miter bar (108), and the second prong (168) defines a second opposite outer surface of the miter bar, said first and second outer surfaces configured to engage corresponding side surfaces of a T-shaped slot (18) of a table saw.
In re claim 7, wherein the longitudinal slot (as shown in at least Figure 4) extends substantially along a longitudinal center of the miter bar.
In re claim 8, wherein the miter bar defines a pivot hole (as shown in at least Figure 5) separating the first portion from the second portion, the miter housing (104) being selectively pivotable about the pivot hole (Col. 4, lines 3-9).
In re claim 9, wherein the miter bar (108) has a first end and a second end, the first portion including the first end (as shown in at least Figure 4) and the second portion including the second end (as shown in at least Figure 4).
In re claim 10, wherein the longitudinal slot is defined in the miter bar extending from the pivot hole to the second end (as shown in at least Figure 5).
In re claim 11, Frolov teaches a width adjustment system configured to adjust a width of a second portion of a miter bar comprising:
a longitudinal slot (as shown in at least Figure 4) defined in the second portion of the miter bar separating the miter bar into a first prong (188) and a second prong (168), the first and second prongs (188,168) projecting longitudinally from a first portion of the miter bar (as shown in at least Figures 6A-6B, each prong has a surface projecting or extending longitudinally from the miter bar), the longitudinal slot terminating in the second portion (the longitudinal slot terminates at the end of the second portion, as shown in at least Figure 5);
a plurality of width adjusting arrangements (128,204) spaced apart along a longitudinal direction of the second portion of the miter bar, each of the plurality of width adjusting arrangements configured to locally adjust a width of the longitudinal slot and thereby an associated width of the second portion (Col. 7, lines 58-67, Col. 8, lines 1-18).
In re claim 12, wherein each of the width adjusting arrangements (128,204) includes a first adjusting member (128) configured to exert a first force urging the first and second prongs away from one another, and a second adjusting member (204) configured to exert a second force urging the first and second prongs toward one another, the first and second forces acting together to locally adjust the width of the longitudinal slot (Col. 7, lines 58-67, Col. 8, lines 1-18)
In re claim 15, wherein the miter bar (108) has a first end and a second end, and the longitudinal slot (as shown in at least Figures 4) extends from the second end a pivot hole (as shown in at least Figure 5), which separates the miter bar into the first portion, which has a fixed width (as shown in at least Figure 4) and the second portion (as shown in at least Figure 4).
Allowable Subject Matter
Claims 16-20 are allowed.
Claims 4, 5, 13, and 14 are 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.
Frolov teaches a miter gauge which in which the width is adjusted via a spring and fastener arrangement. The spring permits the miter bar to expand to a desired width when placed along a T-shape slot of a saw table and the fastener. Once the miter gauge is in a desired position the fasteners are rotated to positionally lock the adjusted portion of the miter bar relative to the main body (of the miter bar).
Hurd teaches a similar concept to that of Frolov. The miter gauge of Frolov has a plurality of width adjustment members along the length of the miter bar. A spring exerts an expanding pressure on the bar to position the bar in a desired location with respect to the slot of the table saw. A screw is then tightened to retain the miter bar in the desired position.
The prior art does not teach or suggest the first adjustment member being a set screw to exert a force on the first prong to urge the prongs away and the second adjustment member being a screw having a screw head to exert a force on the interior shoulder urging the second prong toward the first prong, in combination with the other claimed elements.
Response to Arguments
Applicant's arguments filed November 26, 2025 have been fully considered but they are not persuasive. Applicant argues the entire length of the miter bar of Hurd has an adjustable width and there is no fixed portion and that the longitudinal slot extends the entire length and does not terminate.
Hurd teaches a miter guard having a miter bar with an adjustable width. The miter bar has a first portion which can be adjusted. The first portion is shown in Figure 3 extending in front of the miter gauge. As the adjusting member (5, see Annotated Figure 4 below) is adjusted, the remaining adjustment members are fixed. Per Merriam Webster Dictionary, the plain and ordinary meaning of the term fixed is “securely placed or fastened.” As annotated below, adjustment member on the right end is fixed, as is the miter bar, as the adjustment member on the far left is adjusted. Also, the claim requires the longitudinal slot terminate in a second portion of the miter bar, in which it does. As shown in Annotated Figure 4, below, the slot terminates in the second portion. Hurd further teaches a first and second prong separated by one another by the longitudinal slot as shown in Annotated Figure 1, on Page 3, above.
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Applicant argues the entire length of the miter bar of Frolov has an adjustable width and there is no fixed portion and that the longitudinal slot extends the entire length and does not terminate.
Frolov teaches a miter guard having a miter bar with an adjustable width. The miter bar has a first portion which can be adjusted. The first portion is shown in Figure 4 extending in front of the miter gauge. As the adjusting member (128,204) is adjusted, the remaining adjustment members are fixed. Per Merriam Webster Dictionary, the plain and ordinary meaning of the term fixed is “securely placed or fastened.” As annotated below, adjustment member on the right end is fixed, as is the miter bar, as the adjustment member on the far left is adjusted. Also, the claim requires the longitudinal slot terminate in a second portion of the miter bar, in which it does. As shown in at least Figure 5, the slot terminates in the second portion. Frolov further teaches a first and second prong separated by one another by the longitudinal slot as shown in at least Figures 6a-6b.
Applicant does not present any new arguments to Claims 2, 3, 6-12, and 16. After further consideration, the pending rejection is maintained.
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 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