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
Claims 3, 12-13, and 17-18 are objected to because of the following informalities:
Claim 3, line 3, “of” should be inserted before “the tool coupler”.
Claim 12, line 1, “assembly” should be added after “veterinary saw”.
Claim 13, line 1, “assembly” should be added after “veterinary saw”.
Claim 13, line 4, “power” should be inserted before “tool”.
Claim 17, line 2, “assembly” should be added after “veterinary saw”.
Claim 18, line 2, “the” before “saw” should read “a”.
Appropriate correction is required.
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 1-8, 10-18, 21, and 23-26 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.
Claim 1 recites the limitation "the power tool" in line 8. There is insufficient antecedent basis for this limitation in the claim. Examiner suggests amending the limitation to read “a power tool”.
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.
Claim(s) 1-2, 6, 14-18, 21, and 23-26 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2008/0115367 (Glynn).
1. Glynn discloses a veterinary saw assembly (attachment 10) comprising:
a saw assembly body (frame 14);
a drive coupler (driven guide 40) movably coupled to the saw assembly body and configured to couple to a cutting string (blade 16) and drive longitudinal movement of the cutting string (FIG. 1; P0022-P0023); and
a tool coupler (gear system 38), wherein the tool coupler is:
movably coupled to the saw assembly body (FIG. 1; P0022-P0023);
coupled to the drive coupler (FIG. 1; P0023); and
configured to releasably couple (P0020-P0021) to a moving part of a power tool to convert movement of the moving part of the power tool to movement of the drive coupler and thereby to produce longitudinal movement of the cutting string (FIG. 1 and 3; P0023).
2. The drive coupler comprises a reel (FIG. 1; P0023).
6. The veterinary saw assembly has one or more guide tubes (rollers 60) for guiding the cutting string from the body to a cutting tip of the assembly (FIG. 4; P0025).
14. The power tool is a drill and wherein the tool coupler comprises: a shank (driven gear 48) configured to couple to a chuck (chuck 50) of the drill (FIG. 3; P0023).
15. The power tool is a reciprocating or oscillating tool, such as a reciprocating saw, oscillating saw or oscillating multi-tool (P0022), and wherein the tool coupler is configured to couple to a blade holder or attachment holder of the reciprocating or oscillating tool (FIG. 1 and 3; P0020-P0021).
16. The veterinary saw assembly is a dehorning assembly at least capable of dehorning an animal (P0020-P0022).
17. The veterinary saw assembly is a foetotomy assembly capable of cutting a foetus within an animal (P0020-P0022).
18. The veterinary saw assembly has one or more connection points (fasteners 30) capable of attachment of puller chains to the saw.
21. A method of stringing a veterinary saw assembly, the method comprising:
providing cutting string (blade 16) suitable for use with the veterinary saw assembly of claim 1 (FIG. 1; P0023); and
installing the cutting string on the veterinary saw assembly of claim 1 (FIG. 1; P0023).
23. A kit comprising:
cutting string (blade 16) suitable for use with the veterinary saw assembly of claim 1 (FIG. 1; P0023); and
instructions for installing the cutting string on the veterinary saw assembly of claim 1 (see entire disclosure of Glynn).
24. The cutting string is abrasive wire (FIG. 2).
25. A cutting string (blade 16) configured for use with the veterinary saw assembly claim 1 (FIG. 1-2) wherein the cutting string comprises a main length with a knob at each end of the main length (see “guards” at P0028 or arms 22 in FIG. 2), each knob being wider than the main length (FIG. 2; P0028).
26. The main length of the cutting string comprises abrasive wire (FIG. 2).
Claim(s) 1-3, 6-7, 15-17, 21, and 23-26 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2019/0167277 (Moon).
1. Moon discloses a veterinary saw assembly (osteotomy device 10) comprising:
a saw assembly body (guide portion 100);
a drive coupler (rotating shaft 310) movably coupled to the saw assembly body and configured to couple to a cutting string (cutter portion 200) and drive longitudinal movement of the cutting string (FIG. 4; P0045-P0046); and
a tool coupler (motor 320), wherein the tool coupler is:
movably coupled to the saw assembly body (FIG. 4; P0044-P0045);
coupled to the drive coupler (FIG. 4; P0045); and
configured to releasably couple (FIG. 2; P0039) to a moving part of a power tool (controller 330) to convert movement of the moving part of the power tool to movement of the drive coupler and thereby to produce longitudinal movement of the cutting string (FIG. 4; P0044-P0045).
2. The drive coupler comprises a reel (FIG. 4-5; P0045-P0046).
3. The drive coupler further comprises a second reel (310b) coupled to the tool coupler, wherein, for a given direction of rotation the tool coupler, one of the reels is configured to pay out the cutting string and the other is configured to take up the cutting string (FIG. 4-5; P0046).
6. The veterinary saw assembly has one or more guide tubes (guide pipes 111) for guiding the cutting string from the body to a cutting tip of the assembly (FIG. 2; P0037).
7. Each guide tube has an elongate slit (slit 122) formed along its length for allowing passage of the cutting string through the slit (FIG. 2 and 4-5; P0038 and P0042).
15. The power tool is a reciprocating or oscillating tool, such as a reciprocating saw, oscillating saw or oscillating multi-tool (FIG. 4; P0046), and wherein the tool coupler is configured to couple to a blade holder or attachment holder of the reciprocating or oscillating tool (FIG. 4; P0046).
17. The veterinary saw assembly is a foetotomy assembly capable of cutting a foetus within an animal (P0010).
21. A method of stringing a veterinary saw assembly, the method comprising:
providing cutting string (cutter portion 200) suitable for use with the veterinary saw assembly of claim 1 (FIG. 4; P0010); and
installing the cutting string on the veterinary saw assembly of claim 1 (FIG. 4; P0010 and P0037).
23. A kit comprising:
cutting string (cutter portion 200) suitable for use with the veterinary saw assembly of claim 1 (FIG. 4; P0037); and
instructions for installing the cutting string on the veterinary saw assembly of claim 1 (see entire disclosure of Moon).
24. The cutting string is abrasive wire (P0010).
25. A cutting string (cutter portion 200) configured for use with the veterinary saw assembly claim 1 (FIG. 5) wherein the cutting string comprises a main length with a knob at each end of the main length (see rolled ends of cutter portion 200 at rotating shafts 310 in FIG. 5), each knob being wider than the main length (e.g., rolled ends of cutter portion 200 are expanded compared to main length in FIG. 5).
26. The main length of the cutting string comprises abrasive wire (P0010).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 4-5 are rejected under 35 U.S.C. 103 as being unpatentable over US 2008/0115367 (Glynn), as applied above, and further in view of US 2008/0234690 (Hawkins).
Glynn discloses the invention substantially as claimed as discussed above but does not disclose a clutch for selectively decoupling the drive coupler from the tool coupler with the drive coupler and the tool coupler are coupled to each other via gears and the clutch is configured to move one of the gears out of engagement with the other. Hawkins teaches a saw assembly in the same field of endeavor having a clutch (clutch 110) for selectively decoupling the drive coupler from the tool coupler with the drive coupler and the tool coupler are coupled to each other via gears and the clutch is configured to move one of the gears out of engagement with the other (P0051 and P0055) for the purpose of disengaging the drive coupler when a predetermined torque is reached (P0051 and P0055). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the saw assembly of Glynn to include a clutch as taught by Hawking in order to disengage the drive coupler when a predetermined torque is reached.
Claim(s) 10 and 12-13 are rejected under 35 U.S.C. 103 as being unpatentable over US 2008/0115367 (Glynn), as applied above, and further in view of US 2015/0297257 (Galer).
Glynn discloses the invention substantially as claimed as discussed above and further discloses the cutting string moving in an oscillatory manner (P0046) but does not disclose a mechanism between the tool coupler and the drive coupler for converting uni-directional rotation of the tool coupler to oscillation of the drive coupler, the oscillation driving reciprocation of the cutting string. Galer teaches a saw assembly in the same field of endeavor having a mechanism between the tool coupler and the drive coupler for converting uni-directional rotation of the tool coupler to oscillation of the drive coupler (FIG. 11; P0065), the oscillation driving reciprocation of the cutting string (string 58) for the purpose of oscillating the string with an eccentric mass at resonant frequency (FIG. 11; P0065). The veterinary saw assembly has a counterweight (mass 84) between the tool coupler and the drive coupler to counteract vibrations produced during oscillation of the drive coupler (FIG. 11; P0065). The tool coupler is configured to movably connect to the saw assembly with one or more degrees of freedom in addition to the rotation of claim 10 to reduce transmission of vibrations from the saw assembly to the tool in use (P0065). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the saw assembly of Glynn to include oscillation mechanism of Galer in order to oscillate the string with an eccentric mass at resonant frequency.
Claim(s) 4-5 are rejected under 35 U.S.C. 103 as being unpatentable over US 2019/0167277 (Moon), as applied above, and further in view of US 2008/0234690 (Hawkins).
Moon discloses the invention substantially as claimed as discussed above but does not disclose a clutch for selectively decoupling the drive coupler from the tool coupler with the drive coupler and the tool coupler are coupled to each other via gears and the clutch is configured to move one of the gears out of engagement with the other. Hawkins teaches a saw assembly in the same field of endeavor having a clutch (clutch 110) for selectively decoupling the drive coupler from the tool coupler with the drive coupler and the tool coupler are coupled to each other via gears and the clutch is configured to move one of the gears out of engagement with the other (P0051 and P0055) for the purpose of disengaging the drive coupler when a predetermined torque is reached (P0051 and P0055). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the saw assembly of Moon to include a clutch as taught by Hawking in order to disengage the drive coupler when a predetermined torque is reached.
Claim(s) 10 and 12-13 are rejected under 35 U.S.C. 103 as being unpatentable over US 2019/0167277 (Moon), as applied above, and further in view of US 2015/0297257 (Galer).
Moon discloses the invention substantially as claimed as discussed above and further discloses the cutting string moving in an oscillatory manner (P0046) but does not disclose a mechanism between the tool coupler and the drive coupler for converting uni-directional rotation of the tool coupler to oscillation of the drive coupler, the oscillation driving reciprocation of the cutting string. Galer teaches a saw assembly in the same field of endeavor having a mechanism between the tool coupler and the drive coupler for converting uni-directional rotation of the tool coupler to oscillation of the drive coupler (FIG. 11; P0065), the oscillation driving reciprocation of the cutting string (string 58) for the purpose of oscillating the string with an eccentric mass at resonant frequency (FIG. 11; P0065). The veterinary saw assembly has a counterweight (mass 84) between the tool coupler and the drive coupler to counteract vibrations produced during oscillation of the drive coupler (FIG. 11; P0065). The tool coupler is configured to movably connect to the saw assembly with one or more degrees of freedom in addition to the rotation of claim 10 to reduce transmission of vibrations from the saw assembly to the tool in use (P0065). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the saw assembly of Moon to include oscillation mechanism of Galer in order to oscillate the string with an eccentric mass at resonant frequency.
Allowable Subject Matter
Claims 8 and 11 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TODD J SCHERBEL whose telephone number is (571)270-7085. The examiner can normally be reached Mon - Fri 9:00-6:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jackie Ho can be reached at 571-272-4696. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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TJ SCHERBEL
Primary Examiner
Art Unit 3771
/TODD J SCHERBEL/Primary Examiner, Art Unit 3771