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 .
Election/Restrictions
Claims 6-12 and 14-17 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 2-25-26.
Drawings
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 string-trimmer, in claim 18
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.
Specification
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided.
In this case, the abstract utilizes the legal phraseology “comprising” “configured to”, “comprises”, and “configured” on multiple occasions.
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.
Claims 1-5, 13, and 18 are 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.
With regards to claim 1, the tool, power source, the switch, the elongated handle, the mechanism, and the first mechanism member disclosures are all unclear in light of the power tool body limitation. As written, these items are part of the power tool in a way unrelated to the body which is not supported. Each of these items are on or in the body allowing them to be comprised by the tool. Since the body is claimed, the claim must be amended to acknowledge structural relationships between these items and the tool body because this is the only way there is support. For example, the tool and handle are coupled with the body and the power source, the first mechanism member, and the switch are in the housing. It is noted that claim 1 does disclose the “switch is at the body” but “at” does not require engagement. Claim 2 needs to disclose the second mechanism member is on the body.
With regards to claim 1, the phrase “a switch configured to set the power-tool in an active-state or an inactive-state” is unclear. It is unclear what structure allows for the switch to set the power tool in either state by itself. As written, the power source, the trigger element, first mechanism member, or the second mechanism member (claim 2) do not play a role in which state the tool is in which is not supported. Page 17 lines 28 – page 18 line 5 explains that the switch works with the power source via the mechanism members and trigger element to achieve the states. Without these other items, the switch can only maintain the tool in the inactive-state and does not have the ability to ever put the tool in the active-state. Claim 1 needs to acknowledge all of the claimed structures that work with the switch to define states of the tool.
With regards to claim 1, the phrase “arranged movable relative the elongated handle when a person grips the handle” is unclear. Just gripping the handle will not always result in the moving of the trigger element. A person may grip the handle in a way that does not move the trigger element or apply a force just to the trigger element without gripping the handle. The phrase needs to explain that the user grips the handle and applies force to the trigger element which results in the trigger element moving.
With regards to claim 1, the phrase “a first mechanism member of the mechanism is moved in a direction towards the switch when the handle is gripped” is unclear in light of the active-state disclosure above. As written, the first mechanism moves toward the switch but there is no disclosure explaining this would put the tool in the active-state.
With regards to claim 2, the phrase “the first mechanism member is configured to move relative to the switch” is unclear. Claim 1 discloses the first mechanism member is moved in a direction towards the switch. It is unclear if the claim 2 movement “relative to the switch” is the same or a different function than the movement “towards the switch”. As written, the claim 2’s movement does not reference back to the claim 1 movement and, is therefore, an additional movement which is not supported. Claim 2’s movement disclosure needs to reference back to claim 1’s disclosure so it is clear these movements are the same.
With regards to claims 4 and 5, both occurrences of the phrase “pivotally arranged” are unclear. Claim 2 discloses “upon movement of the second mechanism member”. It is unclear if the pivotal arrangements for pivotal movement represent the same or a different function as the claim 2 movement. As written, the second mechanism member moves and is separately pivotal about the axes which is not supported. Claims 4 and 5 need to further limit the claim 2 movement as defined by the pivotal arrangements so that it is clear that the claim 2 movement is further defined by the pivotal arrangements.
With regards to claims 4 and 5, it is unclear what structure allows for the second mechanism member to be “pivotally arranged”. The power tool as a whole is handheld and is capable of being pivoted which would allow for the second mechanism member and all of its parts to be considered pivotally arranged about any axis. Claims 4 and 5 need to disclose the second mechanism member is attached in a way so that the second mechanism member can pivot about the first and second axes.
With regards to claim 13, claim 1 discloses the mechanism and the body as two separate parts of the power tool. It is unclear how two items can be unrelated and then related. Claim 1 needs to disclose the mechanism and the first mechanism member are on the body because there is never a time where they are not on the body.
With regards to claim 13, it is unclear if the mechanism is on the body in a way that does not include the first mechanism member being on the body of if the mechanism as whole including the first mechanism member is on the body.
With regards to claim 18, it is unclear what structure represents the string-trimmer as it is not shown in the drawings or explained in the specification. A string-trimmer would have a much different structural layout in comparison to the trimmer/cutter.
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 1-5, 13, and 18 are rejected (claim 5 as best understood) under 35 U.S.C. 102(a)(1) as being anticipated by CN 101584288 A. It is noted that a machine translation of CN 101584288 A has been provided and this translation has been utilized below.
With regards to claim 1, CN 101584288 A discloses the same invention including a handheld power tool (1) having a body (2), a tool (3), a power source configured to power the tool (abstract line 1), a switch configured to set the power-tool in an active-state or an inactive-state (25), an elongated handle to be held by a person using the tool (5), the handle having a trigger element extending along at least a portion of the handle (13) and being arranged movable relative the elongated handle when a person grips the handle (F1, F2, F3), the switch is arranged at the body (2, 25), the tool comprises a mechanism (19, 33) operably connected to the trigger element (Figs. 2-5), and the mechanism is configured such that a first mechanism member of the mechanism is moved in a direction towards the switch when the handle is gripped (33, 25).
With regards to claims 2-5, 13, and 18, CN 101584288 A discloses the mechanism has a second mechanism member connected to the trigger element and to the first mechanism member (19), the first mechanism member is configured to move relative to the switch upon movement of the second mechanism member (33, 25, 19), the movement of the second mechanism member (19) is a pivoting movement (19a), the second mechanism member is pivotally arranged around a first pivot axis (19a), and the second mechanism member is pivotally arranged around a second pivot axis being transversal to the first pivot axis (the power tool as a whole is capable of being pivoted about an axis that is transversal to the first pivot axis thereby allowing for the second mechanism member to be “pivotally arranged” around this second pivot axis), the mechanism is arranged on the tool body (19, 33), and the tool is a hedge-trimmer (1).
Claims 1, 2, 13, and 18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by WO 2012097621 A1.
Applicant has submitted the International Search Report and Written Opinion of the International Searching Authority via the I.D.S. received 2-13-24. The Examiner has adopted this rejection detailed in the Written Opinion for these claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JASON DANIEL PRONE whose telephone number is (571)272-4513. The examiner can normally be reached Monday-Friday: 7:00 am-3:00 pm.
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13 May 2026
/Jason Daniel Prone/Primary Examiner, Art Unit 3724
