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 1, 5-8 and 13 objected to because of the following informalities:
Regarding claim 1, the phrase “first and second pistons mounted within said frame” should be changed to “first and second pistons mounted within said rectangular support frame”.
Regarding claim 1, the phrase “a pump mounted on said frame” should be changed to “a pump mounted on said rectangular support frame”.
Regarding claims 5-6, the phrase “said frame” should be changed to “said rectangular support frame”.
Regarding claim 7, the phrase “first and second pistons mounted within said frame” should be changed to “first and second pistons mounted within said rectangular support frame”.
Regarding claim 7, the phrase “a pump mounted on said frame” should be changed to “a pump mounted on said rectangular support frame”.
Regarding claim 8, the phrase “A dual action tree cutting” should be changed to “The dual action tree cutting”.
Regarding claim 13, the phrase “said frame” should be changed to “said rectangular support frame”.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-13 rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 1 in lines 30-31recites the term "a pump mounted on said frame and in hydraulic communication with an interior of said tank" which was not described in the specification to reasonably convey to one skilled in the art that the inventor had possession of the claimed invention;
the specification paragraph 0008 discloses “the sprayer will be configured to dispense a herbicide, although it could dispense any liquid”;
the specification paragraph 0020 discloses “the attachment member 70 will contain connecting ports to receive hydraulic lines from the skid loader to which it is attached”; and
the specification paragraph 0032 discloses “the spray pump 205 is contained within the spray pump housing 202 which is mounted on the frame of the tree saw 100. The supply line 230 draws fluid from the tank 30 and, in this example, the fluid passes through filter 240 before its contents reaches the pump 205. The pump then sends the liquid under pressure through spray line 220 which enters protection bracket 50 and emerges at the other end to engage spray nozzle 65”;
however, the specification does not define and give any details regarding the term “a pump in hydraulic communication with an interior of said tank”.
For the purpose of the examination, the Examiner interpreted “a pump mounted on said frame and in hydraulic communication with an interior of said tank” as “a pump mounted on said frame and in communication with an interior of said tank"
Claims 2-6 are rejected because they are depended from claim 1.
Claim 7 in lines 31-38 recites the terms "a left sprayer pump attached to said rearward frame member and in hydraulic communication with said left sprayer tank and said left sprayer nozzle, said left sprayer pump at least for drawing liquid from said left sprayer tank and dispensing it through said left sprayer nozzle; and, (j) a right sprayer pump attached to said rearward frame member and in hydraulic communication with said right sprayer tank and said right sprayer nozzle, said right sprayer pump at least for drawing liquid from said right sprayer tank and dispensing it through said right sprayer nozzle" which was not described in the specification to reasonably convey to one skilled in the art that the inventor had possession of the claimed invention;
the specification paragraph 0008 discloses “the sprayer will be configured to dispense a herbicide, although it could dispense any liquid”;
the specification paragraph 0020 discloses “the attachment member 70 will contain connecting ports to receive hydraulic lines from the skid loader to which it is attached”; and
the specification paragraph 0032 discloses “the spray pump 205 is contained within the spray pump housing 202 which is mounted on the frame of the tree saw 100. The supply line 230 draws fluid from the tank 30 and, in this example, the fluid passes through filter 240 before its contents reaches the pump 205. The pump then sends the liquid under pressure through spray line 220 which enters protection bracket 50 and emerges at the other end to engage spray nozzle 65”;
however, the specification does not define and give any details regarding the term “a left sprayer pump in hydraulic communication with said left sprayer tank and said left sprayer nozzle; and a right sprayer pump in hydraulic communication with said right sprayer tank and said right sprayer nozzle”.
For the purpose of the examination, the Examiner interpreted "a left sprayer pump attached to said rearward frame member and in hydraulic communication with said left sprayer tank and said left sprayer nozzle, said left sprayer pump at least for drawing liquid from said left sprayer tank and dispensing it through said left sprayer nozzle; and, (j) a right sprayer pump attached to said rearward frame member and in hydraulic communication with said right sprayer tank and said right sprayer nozzle, said right sprayer pump at least for drawing liquid from said right sprayer tank and dispensing it through said right sprayer nozzle" as "a left sprayer pump attached to said rearward frame member and in communication with said left sprayer tank and said left sprayer nozzle, said left sprayer pump at least for drawing liquid from said left sprayer tank and dispensing it through said left sprayer nozzle; and, (j) a right sprayer pump attached to said rearward frame member and in communication with said right sprayer tank and said right sprayer nozzle, said right sprayer pump at least for drawing liquid from said right sprayer tank and dispensing it through said right sprayer nozzle"
Claims 8-13 are rejected because they are depended from claim 7.
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.
Claims 1-13 are rejected under 35 U.S.C. 103 as being unpatentable over Marshall (US5479971A) in view of Terrell (US20190274258A1).
Regarding claim 1, Marshall discloses a tree cutting apparatus (abstract; col.2: line 17-col.4: line 5), comprising:
(a) a rectangular support frame (fig.1: (12)) comprising:
(a1) a forward front-end assembly (fig.1: (24)),
(a2) a rearward attachment member (fig.1: the reward end of the apparatus (10)), said rearward attachment member being adapted to be engaged by a skid loader (col.4 lines 6-16),
(a3) a left side upper frame member (fig.1: left (68)) and a left side lower frame member (fig.1: (22)) at least for supporting said front end assembly, said left side upper and lower frame members being supported by said rearward attachment member at a left first end and terminating at a left second end at said front end assembly (fig.1);
(a4) a right side upper frame member (fig.1: (68)) and a right side lower frame member (fig.1: (20)) at least for supporting said front end assembly, said right side upper and lower frame members being supported by said rearward attachment member at a right first end and terminating at a right second end at said front end assembly (fig.1);
(b) a horizontal planar tree cutting blade (fig.1: (14)) rotatably mounted on said front end assembly, said blade having a front edge (fig.3: the top edge of element (14)) and a rear edge (fig.3: the bottom edge of element (14)), wherein said front edge comprises an arcuate cutting edge extending beyond said front end assembly (figs.1-3);
(c) first and second pistons (fig.1: (40) and (46)) mounted within said frame and in reciprocal mechanical communication with each other, said first piston having a first shaft (fig.1: (38)) in mechanical communication with said blade and said second piston having a second shaft (fig.1: (44)) in mechanical communication with said blade,
wherein (c1) retraction of said first shaft rotates said blade in a first direction and is accompanied by an extension of said second shaft, and, (c2) retraction of said second shaft rotates said blade in a direction opposite said first direction and is accompanied by an extension of said first shaft (col.3: line 28-col.4: line 6).
Marshall does not disclose (d) a tank integral to and situated between either said left side upper frame member and said left side lower frame member, or said right side upper frame member and said right side lower frame member; (e) a pump mounted on said frame and in hydraulic communication with an interior of said tank, said pump at least for drawing a liquid from said tank and urging the liquid into a supply hose that terminates in a nozzle mounted on said front end assembly.
Terrell teaches a tree cutting apparatus and sprayer (abstract and paragraphs 0043 and 0048-0052) comprising:
a tank (fig.10A: (900)) integral to a frame member (fig.10A: (530)); a pump mounted on said frame and in communication with an interior of said tank (paragraph 0050: small pump), said pump at least for drawing a liquid from said tank and urging the liquid into a supply hose (fig.10A: (1110)) that terminates in a nozzle (fig.4: (415) mounted on a front end assembly (figs.4 and 10A).
Both of the prior arts of Marshall and Terrell are related a tree cutting apparatus;
Therefore, 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 apparatus of Marshall to have the configuration of a tank, a pump, a hose and a nozzle as taught by Terrell in order to apply herbicide when the apparatus in use or idle (Terrell: paragraph 0043); thereby having a tree cutting apparatus and sprayer.
Further, choosing the location of the parts of the apparatus is very known in art and a matter of routine engineering design choice that depends on the general design of the apparatus and the required dimensions of the apparatus as desired;
Therefore; it would have been obvious to one of ordinary skill in the art at the time of the invention to select the locations of the configuration of a tank, pump, hose and nozzle as desired, including d) a tank integral to and situated between either said left side upper frame member and said left side lower frame member, or said right side upper frame member and said right side lower frame member; (e) a pump mounted on said frame and in hydraulic communication with an interior of said tank, said pump at least for drawing a liquid from said tank and urging the liquid into a supply hose that terminates in a nozzle mounted on said front end assembly in order to obtain a tree cutting apparatus and sprayer with specific dimensions as desired.
Regarding claim 2, Marshall discloses wherein said blade is elliptical (fig.1).
Therefore, the modification of Marshall in view of Terrell teaches the limitations of claim 2.
Regarding claim 3, Marshall discloses wherein said blade has an axis of rotation (fig.3: (34)) that is located nearer said rear edge than said front edge.
Therefore, the modification of Marshall in view of Terrell teaches the limitations of claim 3.
Regarding claim 4, Marshall discloses wherein said arcuate cutting edge of said blade comprises left and right cutting edges (fig.3: (14a) and (14b)) defined by a center line (fig.3: (48)) running longitudinally through said blade and wherein said left cutting edge comprises a plurality of teeth (fig.3: (50a)) that are configured to cut into a tree when said blade is rotated in said first direction and wherein said right cutting edge comprises a plurality of teeth (fig.3: (50b)) that are configured to cut into the tree when said blade is rotated in said second direction.
Therefore, the modification of Marshall in view of Terrell teaches the limitations of claim 4.
Regarding claim 5, Marshall discloses a tree gripping member (fig.4: (60)) mounted on the forward end of said frame for engaging with a trunk of the tree and preventing transverse sliding movement of the tree away from the blade when the blade is rotated to cut the tree.
Therefore, the modification of Marshall in view of Terrell teaches the limitations of claim 5.
Regarding claim 6, Marshall discloses a deflecting member (fig.4: (60)) mounted atop said frame, said deflecting member at least for deflecting falling tree limbs and tree trunks away from said frame.
Therefore, the modification of Marshall in view of Terrell teaches the limitations of claim 6.
Regarding claim 7, Marshall discloses a tree cutting apparatus (abstract; col.2: line 17-col.4: line 5), comprising:
a rectangular support frame (fig.1: (12)) having a forward frame member (fig.1: (24)), a rearward frame member fig.1: the reward end of the apparatus (10)), a left frame member (fig.1: (22) and left (68)) and a right frame member (fig.1: (20) and right (68)),
wherein (a1) said rearward frame member is adapted to be engaged by a skid loader (col.4 lines 6-16),
(a2) said left frame member comprises a left upper frame member (fig.1: (22)) and a left lower frame member (fig.1: (68)), said left upper and lower frame members being attached at a left first end on said rearward frame member and supporting said front frame member on a left second end (fig.1),
(a3) said right frame member comprises a right upper frame member (fig.1: (20)) and a right lower frame member (fig.1: right (68)), said right upper and lower frame members being attached at a right first end on said rearward frame member and supporting said front frame member on a right second end (fig.1);
(b) a horizontal planar tree cutting blade (fig.1: (14)) rotatably mounted on said forward frame member, said blade having a front edge (fig.3: the top edge of element (14)) and a rear edge (fig.3: the bottom edge of element (14)), wherein said front edge comprises an arcuate cutting edge extending beyond said forward frame member figs.1-3);
(c) a sprocket (fig.1: (32) and (34)) attached to said blade;
(d) first and second pistons (fig.1: (40) and (46)) mounted within said frame and in reciprocal mechanical communication with each other, said first piston having a first shaft (fig.1: (38)) in mechanical communication with said sprocket and said second piston having a second shaft (fig.1: (44)) in mechanical communication with said sprocket, wherein (d1) retraction of said first shaft rotates said blade in a first direction and is accompanied by an extension of said second shaft, and, (d2) retraction of said second shaft rotates said blade in a direction opposite said first direction and is accompanied by an extension of said first shaft (col.3: line 28-col.4: line 6).
Marshall does not disclose (e) a left sprayer tank integral to said support frame and situated between said left upper structural member and said left lower structural member; (f) a right sprayer tank integral to said support frame and situated between said right upper structural member and said right lower structural member; (g) a left sprayer nozzle attached to said forward frame member; (h) a right sprayer nozzle attached to said forward frame member; (i) a left sprayer pump attached to said rearward frame member and in hydraulic communication with said left sprayer tank and said left sprayer nozzle, said left sprayer pump at least for drawing liquid from said left sprayer tank and dispensing it through said left sprayer nozzle; and, (j) a right sprayer pump attached to said rearward frame member and in hydraulic communication with said right sprayer tank and said right sprayer nozzle, said right sprayer pump at least for drawing liquid from said right sprayer tank and dispensing it through said right sprayer nozzle.
Terrell teaches a tree cutting apparatus and sprayer (abstract and paragraphs 0043 and 0048-0052) and 0050 comprising:
a first tank (fig.10A: (900)) integral to a frame member (fig.10A: (530)); a pump mounted on said frame and in communication with an interior of said tank (paragraph 0050: small pump), said pump at least for drawing a liquid from said tank and urging the liquid into a supply hose (fig.10A: (1110)) that terminates in a nozzle (fig.4: (415) mounted on a front end assembly (figs.4 and 10A); and a second tank (fig.11: (1110)) independent of the first tank (fig.10A: (900)) (paragraph 0052).
Both of the prior arts of Marshall and Terrell are related a tree cutting apparatus;
Therefore, 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 apparatus of Marshall to have the configuration of a first tank, a second tank, a pump, a hose and a nozzle as taught by Terrell in order to apply herbicide when the apparatus in use or idle (Terrell: paragraph 0043); thereby having a tree cutting apparatus and sprayer.
Further, choosing the location of the parts of the apparatus is very known in art and a matter of routine engineering design choice that depends on the general design of the apparatus and the required dimensions of the apparatus as desired;
Therefore; it would have been obvious to one of ordinary skill in the art at the time of the invention to select the locations of the configuration of a first tank, a second tank, a pump, a hose and a nozzle as desired, including (e) a left sprayer tank integral to said support frame and situated between said left upper structural member and said left lower structural member; (f) a right sprayer tank integral to said support frame and situated between said right upper structural member and said right lower structural member; (g) a left sprayer nozzle attached to said forward frame member; (h) a right sprayer nozzle attached to said forward frame member; (i) a left sprayer pump attached to said rearward frame member and in hydraulic communication with said left sprayer tank and said left sprayer nozzle, said left sprayer pump at least for drawing liquid from said left sprayer tank and dispensing it through said left sprayer nozzle; and, (j) a right sprayer pump attached to said rearward frame member and in hydraulic communication with said right sprayer tank and said right sprayer nozzle, said right sprayer pump at least for drawing liquid from said right sprayer tank and dispensing it through said right sprayer nozzle in order to obtain a tree cutting apparatus and sprayer with specific dimensions as desired.
Regarding claim 8, Marshall discloses wherein said first and second pistons further comprise: (i) a first chain (fig.1: (36)) connected to said first piston shaft (fig.1: (38)) and engaged with said sprocket on a first side of said sprocket, and (ii) a second chain (fig.1: (42)) connect to said second piston shaft (fig.1: (44)) and engaged with said sprocket on a side of said sprocket opposite said first side.
Therefore, the modification of Marshall in view of Terrell teaches the limitations of claim 8.
Regarding claim 9, Marshall discloses wherein said blade is elliptical (fig.1) in shape.
Therefore, the modification of Marshall in view of Terrell teaches the limitations of claim 9.
Regarding claim 10, Marshall discloses wherein said blade has an axis of rotation (fig.3: (34)) that is located nearer said rear edge than said front edge.
Therefore, the modification of Marshall in view of Terrell teaches the limitations of claim 10.
Regarding claim 11, Marshall discloses wherein said arcuate cutting edge of said blade comprises left and right cutting edges (fig.3: (14a) and (14b)) defined by a center line (fig.3: (48)) running longitudinally through said blade and wherein said left cutting edge comprises a plurality of teeth (fig.3: (50a)) that are configured to cut into a tree when said blade is rotated in said first direction and wherein said right cutting edge comprises a plurality of teeth (fig.3: (50b)) that are configured to cut into the tree when said blade is rotated in said second direction.
Therefore, the modification of Marshall in view of Terrell teaches the limitations of claim 11.
Regarding claim 12, Marshall discloses further comprising (k) a tree gripping member (fig.4: (60)) attached to the forward frame for engaging with a trunk of a tree and preventing a transverse sliding movement of the tree away from the blade as the blade is rotated to cut the tree.
Therefore, the modification of Marshall in view of Terrell teaches the limitations of claim 12.
Regarding claim 13, Marshall discloses a deflecting member (fig.4: (60)) mounted atop said frame, said deflecting member at least for deflecting falling tree limbs and tree trunks away from said frame.
Therefore, the modification of Marshall in view of Terrell teaches the limitations of claim 13.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MOHAMMED S ALAWADI whose telephone number is (571)272-2224. The examiner can normally be reached 08:00 am- 05:00 pm.
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/MOHAMMED S. ALAWADI/Primary Examiner, Art Unit 3725