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
1. Claims 4, 7, 14, 17, and 20 are objected to because of the following
informalities: in line 1 of the claims, “The band saw of claim” should be –The band
saw stand of claim--. Appropriate correction is required.
Claim Rejections - 35 USC § 112
2. 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.
3. Claims 1-20 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.
Regarding claim 1, the phrase “receive a selected one of at least a mounting portion of a first band saw and a mounting portion of a second band saw” is unclear. It is not evident how the term “at least” is intended to modify the recited elements. Specifically, it is unclear whether: “at least” indicates that more than two mounting portions (for additional band saws) are included in the set from which the “selected one” is chosen; or “at least” refers to additional structures beyond the mounting portions of the first and second band saws.
Regarding claims 2, “the base is configured to be selectively operable in a horizontal orientation and a vertical orientation” is unclear. It is not clear what is meant by the base being “operable” in horizontal and vertical orientations. The claim does not clarify what constitutes the operability of the base, nor what functional characteristics the base must possess in order to be considered as an “operable” base. Additionally, it is unclear whether the claim requires the base to actually be positioned in both horizontal and vertical orientations, or merely be capable of such positioning.
Regarding claim 8, “an opening sized to receive portions of different band saws” is unclear. It is not clear what specific portion of a given band saw the opening is intended or sized to receive. In addition, the wording suggests that the opening is sized to receive multiple different portions of different band saws. It should be noted that the opening is intended to receive only a mounting portion of a band saw at a given time.
Regarding claim 9, “the base is configured to be operable in a horizontal orientation and a vertical orientation” is unclear. The same rejection set forth above with regard to claim 2 applies to claim 9.
Regarding claim 11, “a plurality of brackets” is unclear. It is not clear whether the plurality of brackets includes the bracket recited in claim 8, or whether it refers to additional brackets beyond the one in claim 8.
Regarding claim 12, “the trigger bar is configured to be adjustable in a plurality of positions to interact with triggers of the band saws” is unclear. It is not clear what the term “to interact” means, and it is not clear whether it means that the trigger bar is intended to touch, contact, activate, or merely be positioned near triggers of the band saws.
Regarding claim 15, “when mounting plate is fastened to a horizontal surface” is confusing. First, it is not clear whether “mounting plate” is the same mounting plate recited earlier in the claim. Second, it is not clear whether the “horizontal surface” refers to the same horizontal surface previously recited in the claim or a different one.
Claim Rejections - 35 USC § 102
4. 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.
5. Claims 1-2, 5, and 7 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Lugmayer (8,234,962 B2). Regarding claim 1, as best understood,
Lugmayer teaches a band saw stand comprising: a base 1; and an arm 6 rotatably coupled to the base 1, wherein the arm defines an opening (defined by the space or opening of the bracket 6 which receives a handle 16 of a band saw) configured to receive a selected one of at least a mounting portion 16 of a first band saw and a mounting portion 16 (or a handle) of a second band saw (which could be longer or shorter than the handle of the first band saw), wherein the mounting portion of the first band saw and the mounting portion of the second band saw are different, wherein the band saw stand is configured to couple to the selected one of at least the mounting portion of the first band saw and the mounting portion of the second band saw. See Figs. 1-3 in Lugmayer. It should be noted that the limitation, “wherein the mounting portion of the first band saw and the mounting portion of the second band saw are different” does not further structurally limit the band saw guide stand as claimed. The invention, as claimed, is directed to a band saw stand, and the claim does not require a combination of band saw stand with band saws.
However, as stated above, the opening could receive two band saws that have different handle lengths.
Regarding claim 2, as best understood, Lugmayer teaches everything noted above including that the base 1 is configured to be selectively operable in a horizontal orientation and a vertical orientation. It should be noted that the base could also operate when it is held on a vertical orientation.
Regarding claim 5, Lugmayer teaches everything noted above including that
a trigger bar 12 is coupled (via base 1) to the arm 6, wherein the trigger bar is adjustable into at least a first orientation and a second orientation. See Fig. 3 and col. 2, lines 9-15 in Lugmayer.
Regarding claim 7, Lugmayer teaches everything noted above including a strut 5 coupled to the arm 6 and the base 1, wherein one end of the strut is movable (on the rotating shaft 4; Fig. 3) into a plurality of locations to adjust an angle of the strut 6 with respect to the base 1.
6. Claims 1, 3-4, 7-8, and 11 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Hill (2,711,195). Regarding claim 1, as best understood,
Hill teaches a band saw stand comprising: a base 23; and an arm 12 rotatably coupled to the base 23, wherein the arm defines an opening (defined by the space or opening between brackets 13, 14 to accommodate a housing of different band saws; Fig. 1, and col. 1, lines 65-72 and col. 2, lines 1-10) configured to receive a selected one of at least a mounting portion of a first band saw 11 and a mounting portion of a second band saw (which could have a larger or smaller housing than the first band saw), wherein the mounting portion of the first band saw and the mounting portion of the second band saw are different, wherein the band saw stand is configured to couple to the selected one of at least the mounting portion of the first band saw and the mounting portion of the second band saw. See Figs. 1-2 in Hill. It should be noted that the limitation, “wherein the mounting portion of the first band saw and the mounting portion of the second band saw are different” does not further structurally limit the band saw guide stand as claimed. The invention, as claimed, is directed to a band saw stand, and the claim does not require a combination of band saw stand with band saws. However, as stated above, the opening could receive two band saws that have different handle lengths.
Regarding claim 3, Hill teaches everything noted above including a first bracket 13 (Fig. 2) configured to couple to the arm 12 and configured to move with respect to the arm, wherein the first bracket is configured to couple to the mounting portion of the first band saw.
Regarding claim 4, Hill teaches everything noted above including a second bracket 14 (Fig. 2) configured to couple to the arm 12 and configured to move with respect to the arm, wherein the second bracket is configured to couple to the mounting portion of the second band saw.
Regarding claim 7, Hill teaches everything noted above including a strut (defined by the shaft 21 and its end which is connected to the arm 12) coupled to the arm 12 and the base 23, wherein one end of the strut is movable into a plurality of locations to adjust an angle of the strut with respect to the base 23.
Regarding claim 8, as best understood, Hill teaches a band saw stand comprising: a base 23 configured to mount (as being mounted to the surface of the arm 12; Fig. 1) to a surface; an arm 12 rotatably coupled to the base 23, wherein the arm includes an upper portion (defined by the upper portion that supports brackets 13, 14; Fig. 2) defining a length and a width, wherein the upper portion includes at least one engagement feature 18 (defined by screws 18 that engage the housing of the bad saw 11; Fig. 1), wherein the upper portion defines an opening (defined by the space or opening between brackets 13, 14 to accommodate a housing of different band saws; Fig. 1, and col. 1, lines 65-72 and col. 2, lines 1-10) sized to receive portions of different band saws, wherein the band saws have different mounting portions; and a bracket (defined by the bracket, which is not numbered, and it is connected to the screws on one side and contacts the housing on the other side; Figs. 1-2) configured to couple with the arm 12 and move with respect to the arm via the at least one engagement feature 18, wherein the bracket is configured to couple to the mounting portion of at least one of the band saws.
Regarding claim 11, as best understood Hill teaches everything noted above including a plurality of brackets (defined by the plates on both sides of the housing 11 which each engages different mounting portion of the band saw; Fig. 2), wherein each bracket is configured to couple to different mounting portions of the band saws.
7. Claims 1-4, 6-11, 13-17, and 19-20 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Lanser (7,159,499 B1), as provided with the IDS filled on 03/25/2024. Regarding claim 1, as best understood, Lanser teaches a band saw stand comprising: a base 33; and an arm 45 rotatably coupled to the base 33, wherein the arm defines an opening (defined by the space or opening between the sides of the bracket 45 which accommodates support 35; Fig. 14) configured to receive a selected one of at least a mounting portion (defined by the bottom section of the band saw which is held by the support 35; Fig. 5B) of a first band saw 13 and a mounting portion (the bottom section of another band saw which could be different in length than the first band saw) a second band saw, wherein the mounting portion of the first band saw and the mounting portion of the second band saw are different, wherein the band saw stand is configured to couple to the selected one of at least the mounting portion of the first band saw and the mounting portion of the second band saw. See Figs. 1-5D in Lanser. It should be noted that the limitation, “wherein the mounting portion of the first band saw and the mounting portion of the second band saw are different” does not further structurally limit the band saw guide stand as claimed apparatus. However, the opening could receive two band saws which that have different lengths or heights.
Regarding claim 2, as best understood, Lanser teaches everything noted above including that the base (117, 118) is configured to be selectively operable in a horizontal orientation and a vertical orientation. It should be noted that the base operates when the band saw 13 in in a horizontal position (Fig. 5D) and also when the band saw is in vertical position (Fig. 5B).
Regarding claim 3, Lanser teaches everything noted above including a first bracket 53 configured to couple to the arm 45 and configured to move (as pivots about the bolt 65 (Fig. 3) with respect to the arm 45, wherein the first bracket is configured to couple to the mounting portion of the first band saw 13.
Regarding claim 4, Lanser teaches everything noted above including a second bracket 65 (Fig. 3) configured to couple to the arm 45 and configured to move with respect to the arm 45, wherein the second bracket 65 is configured to couple to the mounting portion of the second band saw. The bracket is capable of being mounted to the first band saw also to a second band saw.
Regarding claim 6, Lanser teaches everything noted above including an adjustable fence 113 (Fig. 3) configured to adjust a cut angle and movably coupled to the base 33.
Regarding claim 7, Lanser teaches everything noted above including a strut 97 coupled to the arm 45 and the base 33 (via the spring 95; Fig. 3), wherein one end of the strut is movable into a plurality of locations to adjust an angle of the strut with respect to the base. It should be noted that both ends of the strut 97 is movable with respect to the base 33.
Regarding claim 8, as best understood, Lanser teaches a band saw stand comprising: a base 33 configured to mount (mounted to the surface of the arms 117, 118) to a surface; an arm 45 rotatably coupled to the base 33, wherein the arm includes an upper portion (defined by the upper portion of the bracket 45; Fig. 3) defining a length and a width, wherein the upper portion includes at least one engagement feature (71, 75; Fig. 3), wherein the upper portion defines an opening (defined by the space or opening between sides of the bracket 45 which accommodates support 35; Fig. 3) sized to receive portions of different band saws, wherein the band saws have different mounting portions; and a bracket 55 configured to couple with the arm 45 and move with respect to the arm via the at least one engagement feature (71, 75), wherein the bracket 55 is configured to couple to the mounting portion of at least one of the band saws 13.
Regarding claim 9, as best understood, Lanser teaches everything noted above including that the base (117, 118) is configured to be operable in a horizontal orientation and a vertical orientation. It should be noted that the base operates when the band saw 13 in in a horizontal position (Fig. 5D) and also when the band saw is in vertical position (Fig. 5B).
Regarding claim 10, as best understood, Lanser teaches everything noted above including that the at least one engagement feature (71, 75; Fig. 3) of the arm includes at least one aperture 75 extending along the length dimension of the upper portion of the arm 45, wherein the bracket 55 is securable to the upper portion of the arm via the at least one engagement feature (71, 75) at a plurality of locations along the length of the at least one aperture.
Regarding claim 11, as best understood, Lanser teaches everything noted above including a plurality of brackets (53, 55; Fig. 3), wherein each bracket is configured to couple to different mounting portions of the band saws. It should be noted that the brackets are capable of being coupled to different band saws with slightly different heights or lengths.
Regarding claim 13, Lanser teaches everything noted above including
an adjustable fence 113 (Fig. 3) configured to adjust a cut angle and movably coupled to the base 33.
Regarding claim 14, Lanser teaches everything noted above including
a strut 97 coupled to the arm 45 and the base (via spring 95; Fig. 3), wherein one end of the strut is movable into a plurality of locations to adjust an angle of the strut with respect to the base. It should be noted that both ends of the strut 97 are movable with respect to the base 33.
Regarding claim 15, as best understood, Lanser teaches a band saw stand comprising: a base (117, 118); and an arm 45 rotatably (via the deck 33) coupled to the base (117, 118), wherein the arm includes a mounting plate (defined by the side plates of the bracket 45 which are pivotally fastened to the upright pair 43; Fig. 3), wherein the arm 45 includes an opening to receive a portable band saw 13, wherein the band saw stand is configurable in a horizontal orientation (Fig. 5D) when the base (117, 118) is resting on a horizontal surface (the base 117, 118 rests on a horizontal surface as the band saw is horizontally oriented; Fig. 5D), and wherein the band saw stand is configurable in a vertical orientation (Fig. 5D) when the mounting plate is fastened to a horizontal surface. It should be noted that the mounting plate is fastened to a horizontal surface (defined by the surface of the workpiece support 33) via the upright pair 43. See Figs. 1-3 in Lanser.
Regarding claim 16, Lanser teaches everything noted above including a
first bracket 53 configured to couple to the arm 45 and configured to move with respect to the arm, wherein the first bracket is configured to couple to a mounting portion of a first band saw 13.
Regarding claim 17, Lanser teaches everything noted above including a second bracket 55 configured to couple to the arm and configured to move with respect to the arm, wherein the second bracket is configured to couple to a different mounting portion of a second band saw.
Regarding claim 19, Lanser teaches everything noted above including a table plate 33 configured to couple to the arm 45.
Alternative rejection of claim 15 based on a different interpretation of the Lanser’s disclosure.
Regarding claim 15, as best understood, Lanser teaches a band saw stand comprising: a base (117, 118); and an arm 35 rotatably (via the deck 33) coupled to the base (117, 118), wherein the arm includes a mounting plate 47 (Fig. 4), wherein the arm 35 includes an opening to receive a portable band saw 13, wherein the band saw stand is configurable in a horizontal orientation (Fig. 5D) when the base (117, 118) is resting on a horizontal surface (the base 117, 118 rests on a horizontal surface as the band saw is horizontally oriented; Fig. 5D), and wherein the band saw stand is configurable in a vertical orientation (Fig. 5D) when mounting plate is fastened to a horizontal surface. It should be noted that the mounting plate 47 is fastened to a horizontal surface (defined by the surface of the workpiece support 33) via the bracket 45 and upright pair 43. See Figs. 1-3 in Lanser.
Regarding claim 20, Lanser teaches everything noted above including a strut 45 coupled to the arm 35 and the base (117, 118), wherein one end of the strut is movable into a plurality of locations (as it pivots about the bolts 81, 83; Fig. 3) to adjust an angle of the strut with respect to the base.
Claim Rejections - 35 USC § 103
8. 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.
9. Claims 5, 12 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Lanser. Regarding claim 5, Lanser does not explicitly teach a trigger bar coupled to the arm, wherein the trigger bar is adjustable into at least a first orientation and a second orientation. Regarding claims 12 and 18, as best understood, Lanser teaches everything noted above except a trigger bar coupled to the upper portion of the arm, wherein the trigger bar is configured to be adjustable in a plurality of positions to interact with triggers of the band saws. However, Examiner takes an Official Notice that the use of a trigger bar that actuates or contacts a trigger of a power tool such as band saw is old and well known in the art.
Conclusion
10. The prior art made of record and not relied upon is considered pertinent to
applicant’s disclosure.
Myers et al. (2017/0355028 A1), Jacobson (3,452,629), Martin (4,677,887), Jackson (4,283,980) and Galloway (5,251,525) teach a band saw stand.
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/GHASSEM ALIE/Primary Examiner, Art Unit 3724 November 22, 2025