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 .
Response to Amendment
Applicant’s 5-27-2026 Amendment was received. Claims 11-20 were cancelled. New claims 21-24 were presented.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the first longitudinal groove in Claim 21 and the first and second longitudinal grooves in Claims 23 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: In Claims 21-24, the first longitudinal groove, the second longitudinal groove, a first side wall a second side wall of the housing of the support assembly is not found in the specification.
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 21-24 are 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. A first longitudinal groove and a second longitudinal groove 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. This limitation was not discussed in the specification or illustrated in the figures. As such, a first longitudinal groove and a second longitudinal groove 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 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 1-10 are rejected under 35 U.S.C. 103 as being unpatentable over US 2018/0021867 to Naoi in view of GB 191125517 DA and US 2008/0189961 to Oberheim.
In re Claim 1, Naoi teaches a reciprocating saw comprising:
a housing (see Fig. 1, “Q”);
a motor (see Fig. 1, #32) and a drive mechanism operably coupled to the motor (see assembly between motor #32 and blade clamp #80), the motor and the drive mechanism positioned within the housing (see Fig. 1 the structure that surrounds the motor and drive mechanism is considered a “housing”), the drive mechanism including a driven gear (see Fig. 6, gear #60), a connecting rod (see Fig. 5-6, #67), and a spindle (see Figs. 5-6, #81), a first end of the connecting rod being movably coupled to the spindle by a roller pin (see Figs. 5-6, #75), the spindle defining a longitudinal axis, and rotary motion of the motor is translated into linear reciprocating motion of the spindle by the driven gear and the connecting rod (see Para. 0060);
a support assembly configured to rotationally support the roller pin within the housing (see Fig. 10, #70/69; see also Para. 0053), the support assembly including
a housing defining a slot extending along a longitudinal axis that is aligned with the longitudinal axis of the spindle (see slot created by #70/69 in Figs. 6 and 10),
a roller positioned within the slot and at a first end of the roller pin (see Fig. 6 and 9-10, roller #77; see also Para. 0058), and
a second roller positioned within the slot and at a second, opposite end of the roller pin (see Fig. 6, and 9-10, roller #76; see also Para. 0058);
wherein the roller pin extends perpendicular to the longitudinal axis of the slot (see Figs. 9-10, the position of #75 extending perpendicular to the longitudinal axis of the slot created by #69/70 in view of Fig. 6), and wherein at least one of the first end and the second end of the roller pin extends through the first bearing and the second bearing, respectively (see Figs. 9-10, showing #75 extending through to the outer edges of #77/76).
Naoi taches rollers and not bearings. Additionally, Naoi does not teach the roller pin extends completely through the bearings.
GB 191125517 DA teaches that ball bearings are an improvement to rollers (see GB 191125517 DA, abstract). It would have been obvious to one of ordinary skill in the art, at the earliest effective filing date, to replace the rollers of Naoi with ball bearings, as doing so is the improvement of an equivalent structure (see MPEP 2143, I, B). Ball bearings provide less friction than rollers and thereby the operation is smoother and the life of the assembly is longer.
Additionally, Oberheim teaches that it is known in the pivoting joint art to provide a pin that extends through bearings #94 (see Fig. 8, #94), as well proving “snap rings” #90 on the end of the pin. It would have been obvious to one of ordinary skill in the art, at the earlies effective filing date, to extend the pin through the bearings in order to provide a snap ring on each end. Doing so is one assembly method to ensure that the assembly stays together during operation. The snap rings locate the pin in the proper location and ensure that the pin does not move in a lateral direction.
In re Claim 2, modified Naoi, in re Claim 1, teaches wherein the roller pin defines a connection between the connecting rod and the spindle (see Naoi, Fig. 5, showing #75 connecting #67 and #81), and wherein the housing of the support assembly is positioned to surround the connection between the connecting rod and the spindle (see Naoi, Fig. 6-10).
In re Claim 3, modified Naoi, in re Claim 1, teaches wherein the connecting rod extends between the first end and an opposite, second end coupled to the driven gear by a crank pin (see Naoi, Figs. 4-5, #65).
In re Claim 4, modified Naoi, in re Claim 1, teaches wherein the roller pin, the first bearing, and the second bearing are configured to move axially in a reciprocating motion along the slot (see Naoi, Figs. 6, and 9-10, the pin and bearings move axially in the slot).
In re Claim 5, modified Naoi, in re Claim 1, teaches wherein each of the first bearing and the second bearing has a thickness (see Naoi, Figs. 6-10, #76/77 have thicknesses), and wherein the at least one of the first end and the second end of the roller pin extends completely through the thickness of the one of the first bearing and the second bearing, respectively (see Naoi, Figs. 6-10, #76/77, #75/77/76 in view of Oberheim, Fig. 8, #90/94, etc.).
In re Claim 6, modified Naoi, in re Claim 1, teaches wherein the first end and the second end of the roller pin extend completely through the thickness of the first bearing and the second bearing, respectively (see Naoi, Figs. 6-10, #75/77/76 in view of Oberheim, Fig. 8, #90/94, etc.).
In re Claim 7, Naoi teaches a reciprocating saw comprising:
a housing (see Fig. 1, “Q”);
a motor (see Fig. 1, #32) and a drive mechanism operably coupled to the motor (see assembly between motor #32 and blade clamp #80), the motor and the drive mechanism positioned within the housing (see Fig. 1 the structure that surrounds the motor and drive mechanism is considered a “housing”), the drive mechanism including a driven gear (see Fig. 6, gear #60), a connecting rod (see Fig. 5-6, #67), and a spindle (see Figs. 5-6, #81), a first end of the connecting rod being movably coupled to the spindle by a roller pin (see Figs. 5-6, #75), the spindle defining a longitudinal axis, and rotary motion of the motor is translated into linear reciprocating motion of the spindle by the driven gear and the connecting rod (see Para. 0060.);
a support assembly configured to rotationally support the roller pin within the housing (see Fig. 10, #70/69; see also Para. 0058), the support assembly including a housing defining a slot extending along a longitudinal axis that is aligned with the longitudinal axis of the spindle (see slot created by #70/69 in Figs. 6 and 10),
a first roller positioned within the slot and at a first end of the roller pin (see Fig. 6 and 9-10, roller #77; see also Para. 0053), and
a second roller positioned within the slot and at a second, opposite end of the roller pin (see Fig. 6, and 9-10, roller #76; see also Para. 0053);
wherein the roller pin extends perpendicular to the longitudinal axis of the slot (see Figs. 9-10, the position of #75 extending perpendicular to the longitudinal axis of the slot created by #69/70 in view of Fig. 6), and wherein the first end and the second end of the roller pin extend through the first bearing and the second bearing, respectively (see Figs. 9-10, showing #75 extending through to the outer edges of #77/76).
Naoi taches rollers and not bearings. Additionally, Naoi does not teach the roller pins extends completely through the bearings.
GB 191125517 DA teaches that ball bearings are equivalent to rollers (see GB 191125517 DA, abstract). It would have been obvious to one of ordinary skill in the art, at the earliest effective filing date, to replace the rollers of Naoi with ball bearings, as doing so is the substation of an equivalent structure (see MPEP 2143, I, B). Ball bearings provide less friction than rollers and thereby the operation is smoother and the life of the assembly is longer.
Additionally, Oberheim teaches that it is known in the pivoting joint art to provide a pin that extends through bearings #94 (see Fig. 8, #94), as well proving “snap rings” #90 on the end of the pin. It would have been obvious to one of ordinary skill in the art, at the earlies effective filing date, to extend the pin through the bearings in order to provide a snap ring on each end. Doing so is one assembly method to ensure that the assembly stays together during operation. The snap rings locate the pin in the proper location and ensure that the pin does not move in a lateral direction.
In re Claim 8, modified Naoi, in re Claim 1, teaches wherein each of the first bearing and the second bearing has a thickness (see Figs. 6-10, 76/77), and wherein the first end and the second end of the roller pin extend completely through the thickness of the first bearing and the second bearing, respectively (see Naoi, Figs. 6-10, #76/77, #75/77/76 in view of Oberheim, Fig. 8, #90/94, etc.).
In re Claim 9, modified Naoi, in re Claim 1 wherein the roller pin defines a connection between the connecting rod and the spindle (see Fig. 5, showing #75 connecting #67 and #81), and wherein the housing of the support assembly is positioned to surround the connection between the connecting rod and the spindle (see Naoi, Figs. 9-10).
In re Claim 10, modified Naoi, in re Claim 7, teaches wherein the connecting rod extends between the first end and an opposite, second end coupled to the driven gear by a crank pin (see Naoi, Figs. 4-5, #65).
Response to Arguments
Applicant argues that “in Naoi, there is no space to extend the ends of the guide roller shaft 75 completely through the guide rollers 76, 77 and to add snap rings. Modifying Naoi to extend the guide roller shaft 75 through the guide rollers 76, 77, as in Oberheim, would require spacing the guide rollers 76, 77 from the guides 69, 70, thereby eliminating the guiding function of the guide rollers 76, 77.” The examiner disagrees.
In Naoi, “The guide roller shaft 75, which has been provided with retaining features that prevent it from coming free from the rod 6, is capable of engaging in front-to-back/back-to-front movement together with the rod 6.” See Naoi, Para. 0058. As such, Naoi contemplates retaining features of shaft #75, such as snap rings. Additionally, providing a space for a snap ring would allow for a guiding function, contrary to Applicant’s argument. The guide rollers are constrained on the top and the bottom, as well as the side. Adding a space for a snap ring, as contemplated by Naoi, would not prevent the guiding of the rollers/ ball bearings. This is particularly true since the left guide #69 and right guide #70 create a gap for the slider #67 to enter (see Fig. 10; see also Para. 0059), thereby centering the moving structure.
Additionally, the test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference; nor is it that the claimed invention must be expressly suggested in any one or all of the references. Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981). Here adding a space between a guide roller (#76/77 and the guides #69/70) to provide a clip, as contemplated by Naoi, would have been within the level of ordinary skill in the art.
Applicant argues “the guides 69, 70 apply pressure to the guide rollers 76, 77 so that the assembly of the guide rollers 76, 77 and the guide roller shaft 75 remains together, rendering snap rings unnecessary in Naoi.” The Examiner disagrees.
As noted above Naoi states “[t]he guide roller shaft 75, which has been provided with retaining features that prevent it from coming free from the rod 6, is capable of engaging in front-to-back/back-to-front movement together with the rod 6.” See Naoi, Para. 0058. As such, Naoi anticipates a retaining feature used on shaft #75. Further, the text of Naoi fails to discuss pressure applied to the guide rollers by the guides. Additionally, #67 is positioned in a gap between guides #69 and 70 which centers the moving assembly. As such, one of ordinary skill in the art, would have added a clip as taught by Oberheim and as anticipated by Naoi.
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 JONATHAN RILEY whose telephone number is (571)270-7786. The examiner can normally be reached Monday - Friday, 8:30 AM - 5:00 PM.
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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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/JONATHAN G RILEY/Primary Examiner, Art Unit 3724
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