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 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 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, line 32; claim 4, line 33; and claim 7, line 33; the term “a stem portion” should be likely --the stem portion--.
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.
Claims 1, 2, 4, and 5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wickert (375,588).
Regarding claim 1, Wickert teaches a wood splitting apparatus substantially as claimed except for the limitations in the bolded texts comprising:
a head comprising:
a fore portion (B),
a mid portion ,
a transition portion between the fore portion and the mid portion, and
an aft portion (A), and
the transition portion forming a first pair of planar glancing surfaces (shoulders “f”) between the fore portion and the mid portion,
the first pair of planar glancing surfaces (shoulders “f”) including a left planar glancing surface and a right planar glancing surface formed on a left side and a right side of the transition portion and separated by a stem portion (flaring portion “d”), each of the left planar glancing surface and the right planar glancing surface being inclined at a first angle to left and right planes associated with the stem portion, respectively,
the transition portion further forming a second pair of planar glancing surfaces (two elongated surfaces on “e”-section) between the first pair of glancing surfaces and the mid portion, the second pair of planar glancing surfaces including a left planar glancing surface and a right planar glancing surface formed on the left side and the right side of the transition portion and separated by the stem portion, each of the left planar glancing surface and the right planar glancing surface of the second pair being inclined at a second angle to the left and right planes associated with the stem portion, respectively,
a longitudinal journal formed in the mid portion adapted to receive a handle;
the fore portion comprising:
a splitting wedge,
the splitting wedge having a back end, the splitting wedge comprising:
a longitudinal arcuate striking face opposite the back end,
the longitudinal arcuate striking face at its apex comprising a piercing edge (upper corner of B-section) located substantially towards the top of the longitudinal arcuate striking face,
the piercing edge tapering into a splitting edge in both directions along the longitudinal arcuate striking face,
the fore portion further comprising:
a stem portion (“d”-section) extending from the back end to the transition portion,
the width of the stem portion being substantially less than the width of the back end,
the splitting wedge having a planar left face and a right face,
the plane of substantially the top of each of the left face and right face being obliquely incident to each of the second pair of planar glancing surfaces,
wherein material in an object impacted by the fore portion is split by the splitting wedge and directed away from the stem portion and into the second pair of glancing surfaces and around the mid portion; and
a handle (inherent but not shown) secured within the longitudinal journal.
See Figs. 1-2.
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Regarding the limitation of the glancing surfaces of the first pair of planar glancing surfaces and the second pair of planar glancing surfaces forming inclined surfaces with respect to the surfaces of the stem portion, the surfaces of the stem portion are inclined surfaces. Therefore, the glancing surfaces form inclined surfaces with respect to the surfaces of the stem portions. See annotated Fig. 1 above.
Regarding claim 2, the flat end of the aft (A) defines a maul.
Regarding claim 4, Wickert teaches a method of splitting wood comprising the steps of:
providing a wood splitting apparatus comprising:
a head comprising:
a fore portion (B),
a mid portion,
a transition portion between the fore portion and the mid portion, and
an aft portion (A), and
the transition portion forming a first pair of planar glancing surfaces (shoulders “f”) between the fore portion and the mid portion, the first pair of planar glancing surfaces including a left planar glancing surface and a right planar glancing surface formed on a left side and a right side of the transition portion and separated by a stem portion (flaring portion “d”), each of the left planar glancing surface and the right planar glancing surface being inclined at a first angle to left and right planes associated with the stem portion, respectively,
the transition portion further forming a second pair of planar glancing surfaces (two elongated surfaces on “e”-section) between the first pair of glancing surfaces and the mid portion, the second pair of planar glancing surfaces including a left planar glancing surface and a right planar glancing surface formed on the left side and the right side of the transition portion and separated by the stem portion, each of the left planar glancing surface and the right planar glancing surface of the second pair being inclined at a second angle to the left and right planes associated with the stem portion, respectively,
a longitudinal journal (oval hole) formed in the mid portion adapted to receive a handle;
the fore portion comprising:
a splitting wedge,
the splitting wedge having a back end, the splitting wedge comprising:
a longitudinal arcuate striking face opposite the back end,
the longitudinal arcuate striking face at its apex comprising a piercing edge (upper corner of B-section) located substantially towards the top of the longitudinal arcuate striking face,
the piercing edge tapering into a splitting edge in both directions along the longitudinal arcuate striking face,
the fore portion further comprising:
a stem portion (“d”-section) extending from the back end to the transition portion,
the width of the stem portion being substantially less than the width of the back end,
the splitting wedge having a planar left face and a right face,
the plane of substantially the top of each of the left face and right face being obliquely incident to each of the second pair of planar glancing surfaces,
wherein material in an object impacted by the fore portion is split by the splitting wedge and directed away from the stem portion and into the second pair of glancing surfaces and around the mid portion; and
a handle (inherently but not shown) secured within the longitudinal journal.
providing an object to be split;
orienting the wood splitting apparatus such that the fore portion faces toward the object;
introducing the piercing edge to a top of the object;
causing the piercing edge to impact the top of the object; and
causing the piercing edge to thrust into the object to cause material in the object impacted by the fore portion to be split by the splitting wedge and directed away from the stem and into the second pair of glancing surfaces and around the mid portion, wherein, as the fore portion moves past split portions of the object, the split portions are directed away by the second pair of planar glancing surfaces.
See Figs. 1-2.
Regarding the limitation of the glancing surfaces of the first pair of planar glancing surfaces and the second pair of planar glancing surfaces forming inclined surfaces with respect to the surfaces of the stem portion, the surfaces of the stem portion are inclined surfaces. Therefore, the glancing surfaces form inclined surfaces with respect to the surfaces of the stem portions. See annotated Fig. 1 above in claim 1.
Regarding claim 5, the flat end of the aft defines a maul.
Claim Rejections - 35 USC § 103
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 3 and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Wickert (375,588).
Regarding claim 3 and 6, Wickert teaches the invention substantially as claimed except for the left face and the right face of the split edge forming an angle between 18-22 degrees.
It would have been obvious to one having ordinary skill in the art at the time the invention was made to make the right face of the split edge forming an angle between 18-22 degrees for attaining a desire sharpness and sturdiness of the splitting edge , since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Claims 7 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Wickert (375,588) in view of Cross (4,211,264).
Regarding claim 7, Wickert teaches a method of splitting wood substantially as claimed except for the limitations in the bolded texts comprising the steps of:
providing a wood splitting apparatus comprising:
a head comprising:
a fore portion (B),
a mid portion,
a transition portion between the fore portion and the mid portion, and
an aft portion comprising a maul (the flat end of the aft defines a maul), and
the transition portion forming a first pair of planar glancing surfaces (shoulders “f”) between the fore portion and the mid portion, the first pair of planar glancing surfaces including a left planar glancing surface and a right planar glancing surface formed on a left side and a right side of the transition portion and separated by a stem portion (flaring portion “d”), each of the left planar glancing surface and the right planar glancing surface being inclined at a first angle to left and right planes associated with the stem portion, respectively,
the transition portion further forming a second pair of planar glancing surfaces (two elongated surfaces on “e”-section) between the first pair of glancing surfaces and the mid portion, the second pair of planar glancing surfaces including a left planar glancing surface and a right planar glancing surface formed on the left side and the right side of the transition portion and separated by the stem portion, each of the left planar glancing surface and the right planar glancing surface of the second pair being inclined at a second angle to the left and right planes associated with the stem portion, respectively,
a longitudinal journal (oval hole) formed in the mid portion adapted to receive a handle;
the fore portion comprising:
a splitting wedge,
the splitting wedge having a back end, the splitting wedge comprising:
a longitudinal arcuate striking face opposite the back end,
the longitudinal arcuate striking face at its apex comprising a piercing edge (upper corner of B-section) located substantially towards the top of the longitudinal arcuate striking face,
the piercing edge tapering into a splitting edge in both directions along the longitudinal arcuate striking face,
the fore portion further comprising:
a stem portion (“d”-section) extending from the back end to the transition portion,
the width of the stem portion being substantially less than the width of the back end,
the splitting wedge having a planar left face and a right face,
the plane of substantially the top of each of the left face and right face being obliquely incident to each of the second pair of planar glancing surfaces,
wherein material in an object impacted by the fore portion is split by the splitting wedge and directed away from the stem portion and into the second pair of glancing surfaces and around the mid portion; and
a handle (inherently but not shown) secured within the longitudinal journal.
See Figs. 1-2.
providing an object to be split;
orienting the wood splitting apparatus such that the fore portion faces toward the object:
inserting a wedge into a crevice formed on the object;
impacting the maul of the head of the wood splitting apparatus on the wedge to drive the wedge further inside the object and split the object.
See Figs. 1-2.
Regarding the limitation of the glancing surfaces of the first pair of planar glancing surfaces and the second pair of planar glancing surfaces forming inclined surfaces with respect to the surfaces of the stem portion, the surfaces of the stem portion are inclined surfaces. Therefore, the glancing surfaces form inclined surfaces with respect to the surfaces of the stem portions. See annotated Fig. 1 above in claim 1.
Wickert does not teach the step of using a wedge and the maul to split the wood.
Cross teaches a method of splitting wood using a wedge 6 and a maul 11 for splitting tough wood. See Fig. 1-2
Therefore, it would have been obvious to one skilled in the art before the effective filling date of the claimed invention to use a wedge in addition to the device of Smith for splitting tough wood.
Regarding claim 8, Wickert teaches the invention substantially as claimed except for the left face and the right face of the split edge forming an angle between 18-22 degrees.
It would have been obvious to one having ordinary skill in the art at the time the invention was made to make the right face of the split edge forming an angle between 18-22 degrees for attaining a desire sharpness and sturdiness of the splitting edge , since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Response to Arguments
Applicant's arguments filed 07/07/2026 have been fully considered but they are not persuasive.
Regarding Applicant’s argument with respect to the glancing surfaces and the constant thickness of the stem portion, the limitation of the constant thickness of the stem is not recited in the claims. Since the two side surfaces of the stem portion are inclined, the parallel glancing surfaces form inclined surfaces with respect to the surfaces of the stem portion. As seen in the annotated Fig. 1, the angles formed by the glancing surfaces with the surfaces of the stem portion are not 180 degrees or 90 degrees. Therefore, Wickert reads on the claim language.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PHONG H NGUYEN whose telephone number is (571)272-4510. The examiner can normally be reached M-F: 8-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Boyer Ashley can be reached at 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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/PHONG H NGUYEN/Examiner, Art Unit 3724
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