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 .
Detailed Action
Objection to the Specification
The disclosure is objected to because of the following informalities:
(1) In paragraph [0041], line 9, “latch” should read --switch--.
(2) In paragraph [0041], line 12, “controller 18” should read --controller 118--.
(3) In paragraphs [0054] and [0056], “direction B” is not found in any drawings.
Appropriate correction is required.
Claim Objection
Claims 2-5, 11-13 and 20 are objected to because of the following informalities:
(1) In claims 2 and 11, line 4, “one another” should read --each other--.
(2) In claim 12, line 2, “confirmed to form” should read --configured to form--. Note line 2 of claim 13.
(3) In claim 20, line 2, “one another” should read --each other--.
Appropriate correction is required.
Claim Rejection - 35 U.S.C. 112(b)
1. 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.
2. Claims 2-9, 11-13 and 15-20 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
(1) In claims 2 and 11, lines 3-4, “the first and second rotational axis” should read --the first rotational axis-- and --the second rotational axis--, respectively.
(2) In claim 9, line 3, “an upper surface” is vague and should read --the upper surface--. Note line 2 of the claim.
(3) In claim 9, line 4, “the articulated state” has no clear antecedent basis. The phrase should read --the activated state--. Note line 11 of claim 1.
(4) Claim 15 is repleted with functional language. It is not understood how the momentary switch restricts actuation of a speed controller and permits actuation of the speed controller. There is no structural interrelationship between the momentary switch and the speed controller to perform the claimed function.
(5) In claim 15, “a speed controller” is vague and should read --a speed controller of the chainsaw--.
(6) In claim 16, lines 2 and 8, “a momentary switch” and “a speed controller” are vague and should be changed to --a momentary switch of the chainsaw-- and --a speed controller of the chainsaw--, respectively.
(7) In claim 16, lines 11-2, “wherein the momentary switch is biased to the resting state” is incorrect and should read --wherein the momentary switch is biased to the resting state upon releasing the maintaining force--.
(8) In claim 17, lines 3-5, “wherein reconfiguring the momentary switch from the intermediate state to the activated state is performed by rotating the articulate arm about a second rotational axis” is incorrect. It is suggested “the articulate arm” be changed to --the base--. Note the articulated arm 132 rotates about a first rotational axis 134, while the base 130 rotates about a second rotational axis 142 from an intermediate sate shown in Fig.7 to an activated state shown in Fig.9.
(9) In claims 19 and 20, “the first and second rotational axis” has no clear antecedent basis. The phrase should read --the first rotational axis and the second rotational axis--.
Claim Rejection - 35 U.S.C. 103
1. 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.
2. Claims 1-4, 6 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Winchester (U.S. Patent No. 4,879,438) in view of Sarius (U.S. Patent Application Publication No. 2018/0065270).
Regarding claim 1, Sarius discloses a saw (10, see column 5, line 53) comprising:
a motor (see column 5, line 63);
a handle (11);
a speed controller (12, for closing and opening an electrical circuit in order to control operation of the motor, see column 5, lines 61-64) in communication with the motor to affect a motor speed (e.g., a zero operating speed or any speed other than the zero operating speed); and
a momentary switch (14,22), wherein the momentary switch (14,22) restricts actuation of the speed controller (12) when the momentary switch (14,22) is in a resting state (Fig.2), wherein the momentary switch (14,22) allows actuation of the speed controller (12) when the momentary switch (14,22) is in an activated state (Fig.4), wherein the momentary switch (14,22) comprises a base (14) rotatably coupled to the handle (11) and an articulated arm (22) rotatably coupled to the base (14), and wherein the momentary switch (14,22) is biased to the resting state (Fig.2) substantially as claimed except Winchester does not explicitly mention the saw (10) being a chainsaw.
Sarius shows a saw in the form of a chainsaw (100) comprising a guide bar (120), a chain (see paragraph [0013], lines 14-15) disposed around the guide bar (120) and movable relative to the guide bar (120).
Thus, it would have been obvious to one skilled in the art to modify Winchester by making the saw (10) a chainsaw suitable for cutting lumber as taught by Sarius (see paragraph [0013], lines 16-17).
Regarding claim 2, Winchester’s base (14) is rotatable relative to the handle (11) about a first rotational axis (18), wherein the articulated arm (22) is rotatable relative to the base (14) about a second rotational axis (24), and wherein the first rotational axis (18) and the second rotational axis (24) are oriented parallel with respect to each other (see column 6, lines 56-58).
Regarding claim 3, Winchester’s base (14) is rotatably biased about the first rotational axis (18) by a first torsional spring (20), and wherein the articulated arm (22) is rotatably biased about the second rotational axis (24) by a second torsional spring (36).
Regarding claim 4, Winchester’s base (14) includes a surface having an arcuate contour with a radius of curvature disposed at the first rotational axis (18, see Fig.2).
Regarding claim 6, Winchester’s handle (11, see Fig.1) comprises a recessed portion extending into the handle (11) form a graspable surface, and wherein the momentary switch (14,22) is disposed at least partially within the recessed portion in both the resting state (Fig.2) and the activated state (Fig.4).
Regarding claim 7, at least 90% of Winchester’s momentary switch (14,22) is contained within a volume defined by the recess portion of the handle (11) when the momentary switch (14,22) is in the activated state (Fig.4).
Claim Rejection - 35 U.S.C. 102(a)(1)
1. 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.
2. Claims 10, 11, 15, 16 and 18-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Winchester (U.S. Patent No. 4,879,438).
Regarding claim 10, Winchester discloses a momentary switch (14,22) for a saw (10, see column 5, line 53, can be a chainsaw if so desired) comprising:
a base (14) configured to be rotationally coupled to a handle (11) of the saw (10);
an articulated arm (22) rotatably coupled to the base (14);
a first biasing element (20) configured to bias the base (14) to a first rotational position with respect to the handle (11); and
a second biasing element (36) configured to bias the articulated arm (22) to a first rotational position with respect to the base (14).
Regarding claim 11, Winchester’s base (14) is configured to be rotationally coupled to the handle (11) about a first rotational axis (18), wherein the articulated arm (22) is rotatably coupled to the base (14) about a second rotational axis (24), and wherein the first rotational axis (18) and the second rotational axis (24) are parallel with respect to each other (see column 6, lines 56-58).
Regarding claim 15, Winchester’s momentary switch (17,22) is configured to be repositionable between a resting state (Fig.2) and an activated state (Fig.4), wherein the momentary switch (17,22) is configured to restrict actuation of a speed controller (12, for closing and opening an electrical circuit in order to control operation of a motor at a zero operating speed or any speed other than the zero operating speed, see column 5, lines 61-64) in the resting state (Fig.2) and permit actuation of the speed controller (23) in the activated state (Fig.4) and wherein the momentary switch (17,22) is based to the resting state by the first biasing element (20).
Regarding claim 16, Winchester discloses a method of using a saw (10, see column 5, line 53, can be a chainsaw if so desired), the method comprising:
applying a force to an articulated arm (22) of a momentary switch (14,22) to cause the momentary switch (14,22) to reconfigure from a resting state (Fig.2) to an intermediate state (not shown but is a state between the resting state shown in Fig.2 and an activated state shown in Fig.4) by rotating the articulated arm (22) relative to a base (14) of the momentary switch (14,22);
continuing to apply force to the momentary switch (14,22) to reconfigure the momentary switch (14,22) from the intermediate state to an activated state (Fig.4);
actuating a speed controller (12) after the momentary switch (14,22) is reconfigured to the activated state (Fig.4); and
maintaining force on the momentary switch (14,22) to maintain the momentary switch (14,22) in the activated state (Fig.4), wherein the momentary switch (14,22) is biased to the resting state (Fig.2) upon releasing the maintaining force.
Regarding claim 18, releasing Winchester’s momentary switch (14,22) causes the momentary switch (14,22) to reconfigure to the resting state (Fig.2).
Regarding claim 19, reconfiguring Winchester’s momentary switch (14,22) from the resting state (Fig.2) to the intermediate state is performed by rotating the articulated arm (22) about a first rotational axis (24), wherein reconfiguring the momentary switch (14,22) from the intermediate state to the activated state is performed by rotating the base (14) about a second rotational axis (18), and wherein the first rotational axis (24) and the second rotational axis (18) are spaced apart each other.
Regarding claim 20, Winchester’s first rotational axis (24) and the second rotational axis (18) are orientated parallel to each other ((see column 6, lines 56-58).
Indication of Allowable Subject Matter
1. Claims 5, 8, 9, 12, 13 and 17 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
2. Claim 14 is 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.
Prior Art Citations
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
U.S. Patent No. 3,847,233 shows a trigger mechanism for a hand-operated power device equipped with a manually operable locking device which provides an automatic lock-off feature to normally lock the trigger in its inoperative position.
U.S. Patent No. 5,577,600 shows a switch lock-out device to prevent unintended operation of a power tool.
U.S. Patent Application Publication No. 2018/0354153 shows a chain saw comprising a guide bar (23), a saw chain (2) disposed around the guide bar (23) and movable relative to the guide bar (23), and a motor (14) operably couped to the chain (2) to drive the chain (2) about the guide bar (23).
U.S. Patent Application Publication No. 2023/0173708 shows a chain saw (100) comprising a trigger (116) for controlling the operation of the chainsaw (100, .e.g., the speed of the motor of the chainsaw) by how far the trigger (116) is depressed.
U.S. Patent Application Publication No. 2023/0356427 shows a chainsaw comprising a motor (114), an actuator (120) variably affecting the speed of a motor (114) between zero operating speed, which occurs when the actuator 120 is not depressed, and a maximum operating speed, which occurs when the actuator (120) is fully depressed.
Point of Contact
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HWEI-SIU PAYER whose telephone number is (571)272-4511. The examiner can normally be reached on Monday – Friday from 6:00 AM to 2:00 PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Boyer Ashley, can be reached at telephone number 571-272-4502. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HWEI-SIU C PAYER/ Primary Examiner, Art Unit 3724