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 § 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 1-3, 6, and 16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US Patent No. 10,512,978 to Rubens.
In re claim 1, Rubens teaches a cutter, comprising:
a body (12) comprising a head portion (as shown in at least Figure 1), and a tail portion (Col. 3, lines 57-60), the body has a head portion and a rear/tail portion), wherein the head portion comprises a blade engaging interface (36) for connecting an oscillating multitool blade (146) engaged thereto;
a power source (Col. 3, lines 66-67, Col. 4, lines 1-4) for powering the cutter; and
a motor (Col. 3, lines 57-60) to oscillate the oscillating multitool blade (22) rapidly to (be capable of) facilitate the cutting of a ring, wherein the speed of the oscillating multitool blade (22) is controllable by controlling the speed of the motor.
Note, the cutter of Rubens merely has to be capable of cutting a ring, in which it is. The speed is controllable by power the motor on or off.
In re claim 2, further comprises a blade engagement and disengagement controller including at least a lever (58) to allow quick and easy engagement and disengagement of the oscillating multitool blade (22) to and from the blade engaging interface (36).
In re claim 3, wherein the oscillating multitool blade (22) comprising a first arm (see Annotated Figure 1, below) having an anchor portion (see Annotated Figure 1, below), wherein the anchor portion of the oscillating multitool blade engages with a locking tab (50,52) of the blade engaging interface (36); and
a second arm (see Annotated Figure 1) connected at a ring angle to the first arm at one end and carrying cutting teeth (32) at the opposing other end.
Note, the first arm is connected to the second arm at a 180 degree angle to form a rectangular shaped body (Col. 4, lines 28-30, 55-67).
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In re claim 6, wherein the power source is a power outlet (Col. 3, lines 62-67, Col. 4, lines 1-4; capable of being) provided at a facility where the ring cutter is operated.
In re claim 16, wherein the oscillating multitool blade (22) oscillation amplitude of the blade is (capable of being) substantially small to ensure no injury is caused to the finger by the oscillating multitool blade.
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.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Rubens in view of US Patent No. 4,615,119 to Johnson.
In re claim 4, Rubens teaches the oscillating multitool blade is made using at least a carbon steel and that other suitable materials for making the blade in order to cut different materials as wood, plastic, concrete, or other known materials are possible (Col. 4, lines 28-32).
Rubens does not teach the blade is made of at least one of tungsten carbide, and a diamond.
Johnson teaches in the art of oscillating blades that a blade can be made of carbide or diamond (Col. 2, lines 33-39) depending on the material being cut.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to fabricate the blade of Rubens from a diamond as taught by Johnson which is advantageous for being precision, having durability, and longevity.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Rubens in view of US Patent Application Publication No. 20230131317 to Hennessey et al.
In re claim 5, Rubens teaches a power source can be an internal battery (Col. 3, lines 66-67), but does not teach wherein the power source is a rechargeable battery mountable and/or dismountable from the tail portion of the body of the ring cutter.
Hennessey teaches in the art of power cutting tools, a tool having a motor (104) powered by a recharageable battery (192, Para 0066) mountable from the tail portion of the body.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to provide the cutter of Rubens with a rechargeable battery mountable from the tail portion of the body as taught by Hennessey in order to allow for the convenience of using the tool in various environments (which may not have access to a wall outlet). Rechargeable batteries are also advantageous for providing long term use to the device and consistent performance.
Claims 7 is rejected under 35 U.S.C. 103 as being unpatentable over Rubens in view of US Patent Application Publication No. 20130318800 to Weiss et al.
In re claim 7, Rubens teaches a cutter, but does not teach 1 further comprises a light source to make the visibility of the ring better in low lighting conditions.
Weiss teaches in the art of cutting tools, a tool having a light source (76) for illuminating the cutting area when the cutter is in operation (Para 0023).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention, when building the device of Rubens from the ground up, to provide Rubens with a light source as taught by Weiss in order to prevent user injury during use of the cutting tool.
Claims 8-12, 15, 17, 18, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Rubens in view of US Patent Application Publication No. 20130318800 to Weiss et al. or US Patent No. 2,352,432 to Harrington.
In re claim 17, Rubens teaches a cutter, comprising:
a body (12) comprising a head portion (as shown in at least Figure 1), and a tail portion (Col. 3, lines 57-60), the body has a head portion and a rear/tail portion), wherein the head portion comprises a blade engaging interface (36) for connecting an oscillating multitool blade (146) engaged thereto;
a power source (Col. 3, lines 66-67, Col. 4, lines 1-4) for powering the cutter; and
a motor (Col. 3, lines 57-60) to oscillate the oscillating multitool blade (22) rapidly to (be capable of) facilitate the cutting of a ring, wherein the speed of the oscillating multitool blade (22) is controllable by controlling the speed of the motor.
Note, the cutter of Rubens merely has to be capable of cutting a ring, in which it is. The speed is controllable by power the motor on or off.
In re claim 20, wherein the oscillating multitool blade (22) comprising a first arm (see Annotated Figure 1, below) having an anchor portion (see Annotated Figure 1, below), wherein the anchor portion of the oscillating multitool blade engages with a locking tab (50,52) of the blade engaging interface (36); and
a second arm (see Annotated Figure 1) connected at a ring angle to the first arm at one end and carrying cutting teeth (32) at the opposing other end.
Note, the first arm is connected to the second arm at a 180 degree angle to form a rectangular shaped body (Col. 4, lines 28-30, 55-67).
Regarding claims 8, 9, 17, and 18, Rubens teaches a cutter, but does not teach further comprises a tissue depressor and guard functionally configured to push down tissues of a finger surrounding the ring intended to be cut (Claim 8), wherein the tissue depressor and guard comprising a back portion having a first end and a second end, wherein the back portion is attached to the head portion of the ring cutter using the first end; and a plurality of elongated teeth spaced apart to form at least one space sufficient to hold the ring from the sides and configured to push down tissues of the finger surrounding the ring while the oscillating multitool blade is operational.
Weiss teaches a tissue depressor and guard (40) functionally configured to push down tissues of a finger surrounding the ring intended to be cut, wherein the tissue depressor and guard (40) comprising a back portion (46) having a first end and a second end, wherein the back portion is attached to the head portion of the ring cutter using the first end (as shown in at least Figure 4); and a plurality of elongated teeth spaced apart (as shown in at least Figure 4, see Annotated Figure 2, below) to form at least one space sufficient to hold the ring from the sides and configured to push down tissues of the finger surrounding the ring while the oscillating multitool blade is operational.
Note, the depressor and guard fits between the ring and the finger, which will permit the teeth to push the tissue of the finger (to aid in permitting the guard to engage the ring).
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Harrington teaches a tissue depressor and guard (20) functionally configured to push down tissues of a finger surrounding the article intended to be cut, wherein the tissue depressor and guard (20) comprising a back portion (18) having a first end and a second end, wherein the back portion is attached to the head portion of the ring cutter using the first end (as shown in at least Figure 1); and a plurality of elongated teeth spaced apart (26) to form at least one space sufficient to hold the article from the sides and configured to push down tissues of the leg while the oscillating multitool blade is operational (as shown in at least Figure 3).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to provide Rubens with a tissue depressor and guard arrangement as taught by Weiss or Harrington to prevent injury, irritating tugging or frictional effects (to the human during removal of the article, Pg. 1, lines 22-33, Harrington).
In re claim 10, modified Rubens teaches, wherein the plurality of elongated teeth (see Annotated Figure 2, on Pg. 7, above, Weiss; 26, Harrington) are attached to the second end of the back portion (18, Harrington) at 90 degrees (Pg. 1, lines 51-55, line 1 (right column, Harrington)) (capable of ) using an intermediate connecting plate.
In re claim 11, modified Rubens teaches wherein the plurality of elongated teeth (see Annotated Figure 2 above, on Pg. 7, above, Weiss; 26, Harrington) are configured to go under the ring in order to safeguard the finger during the cutting operation of the ring.
Note, the preamble is directed to the cutter, not the workpiece being cut, which in this instance is a ring. However, at least Weiss teaches the elongated teeth are capable of going under the ring during cutting.
In re claim 12, modified Rubens teaches wherein the tissue depressor and guard (see Annotated Figure 2, on Pg. 7, above, Weiss; 20, Harrington) comprises a spring mechanism (43, Weiss) or locking mechanism (23, Harrington) to (be capable of) removably grip the ring worn around the finger during the cutting operation.
In re claim 15, modified Rubens teaches, wherein the plurality of elongated teeth (see Annotated Figure 2, on Pg. 7, above, Weiss; 26, Harrington) are shaped such as to complement the shape of the oscillating multitool blade (as shown in at least Figure 1 Weiss; as shown in at least Figure 1, Harrington).
Claims 13-14 are rejected under 35 U.S.C. 103 as being unpatentable over Rubens in view of US Patent Application Publication No. 20200100958 to Wiznia.
In re claims 13-14, Rubens teaches a cutter, but does not teach further comprises a sprayer assembly configured on the head portion or the tail portion to deliver a jet of cooling liquid to cool down the ring and the oscillating multitool blade during the cutting operation and prevent any thermal burn (Claim 13), wherein the sprayer assembly comprises a reservoir for holding a predefined volume of cooling liquid, a pump, and a tube connected to the reservoir for delivering fluid content from the reservoir onto the ring and the oscillating multitool blade during the cutting operation (Claim 14).
Wiznia teaches in the art of cutting tools, a tool having a sprayer assembly (200) configured on the tail portion (as shown in at least Figure 4) to deliver a jet of cooling liquid to cool down the workpiece and the oscillating multitool blade (Para 0076) during the cutting operation and prevent any thermal burn (Para 0076), wherein the sprayer assembly comprises a reservoir (270) for holding a predefined volume of cooling liquid, a pump (278), and a tube (276) connected to the reservoir for delivering fluid content from the reservoir onto the workpiece and the oscillating multitool blade during the cutting operation.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to provide Rubens (when building from the ground up) with a sprayer assembly as taught by Wiznia which is advantageous to increase the life of the tool and remove access debris from the cutting area (during cutting) which increases cutting accuracy.
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Rubens in view of Weiss et al. or Harrington, as applied to the above claims, and in further view of Wiznia.
In re claim 19, modified Rubens teaches a cutter, but does not teach further comprises a sprayer assembly comprises a reservoir for holding a predefined volume of cooling liquid, a pump, and a tube connected to the reservoir for delivering fluid content from the reservoir onto the ring and the oscillating multitool blade during the cutting operation.
Wiznia teaches in the art of cutting tools, a tool having a sprayer assembly (200) comprising a reservoir (270) for holding a predefined volume of cooling liquid, a pump (278), and a tube (276) connected to the reservoir for delivering fluid content from the reservoir onto the workpiece and the oscillating multitool blade during the cutting operation.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to provide modified Rubens (when building from the ground up) with a sprayer assembly as taught by Wiznia which is advantageous to increase the life of the tool and remove access debris from the cutting area (during cutting) which increases cutting accuracy.
Claim 21 is rejected under 35 U.S.C. 103 as being unpatentable over Rubens in view of Weiss et al. or Harrington and in further view of Wiznia.
In re claim 21, Rubens teaches a cutter, comprising:
a body (12) comprising a head portion (as shown in at least Figure 1), and a tail portion (Col. 3, lines 57-60), the body has a head portion and a rear/tail portion), wherein the head portion comprises a blade engaging interface (36) for connecting an oscillating multitool blade (146) engaged thereto;
a power source (Col. 3, lines 66-67, Col. 4, lines 1-4) for powering the cutter; and
a motor (Col. 3, lines 57-60) to oscillate the oscillating multitool blade (22) rapidly to (be capable of) facilitate the cutting of a ring, wherein the speed of the oscillating multitool blade (22) is controllable by controlling the speed of the motor.
Note, the cutter of Rubens merely has to be capable of cutting a ring, in which it is. The speed is controllable by power the motor on or off.
Regarding claim 21, Rubens teaches a cutter, but does not teach further comprises a tissue depressor and guard functionally configured to push down tissues of a finger surrounding the ring intended to be cut.
Weiss teaches a tissue depressor and guard (40) functionally configured to push down tissues of a finger surrounding the ring intended to be cut.
Harrington teaches a tissue depressor and guard (20) functionally configured to push down tissues of a finger surrounding the article intended to be cut
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to provide Rubens with a tissue depressor and guard arrangement as taught by Weiss or Harrington to prevent injury, irritating tugging or frictional effects (to the human during removal of the article, Pg. 1, lines 22-33, Harrington).
In re claim 21, modified Rubens teaches a cutter, but does not teach further comprises a sprayer assembly comprises a reservoir for holding a predefined volume of cooling liquid, a pump, and a tube connected to the reservoir for delivering fluid content from the reservoir onto the ring and the oscillating multitool blade during the cutting operation.
Wiznia teaches in the art of cutting tools, a tool having a sprayer assembly (200) comprising a reservoir (270) for holding a predefined volume of cooling liquid, a pump (278), and a tube (276) connected to the reservoir for delivering fluid content from the reservoir onto the workpiece and the oscillating multitool blade during the cutting operation.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to provide modified Rubens (when building from the ground up) with a sprayer assembly as taught by Wiznia which is advantageous to increase the life of the tool and remove access debris from the cutting area (during cutting) which increases cutting accuracy.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US PGPUB 20120042524 teaches a cutting tool having a rotary cutting blade and a guard. US PGPUB 20040103540 teaches a cutting tool having a rotary cutting blade and a guard for cutting a ring. US Patent No. 4976034 teaches a rotary cutting blade with a guard for cutting a ring. US Patent No. 4106181 and DE 2735540 teach an oscillating blade with a lever for a quick release of the blade. JP52018282 teaches an oscillating blade having a guard.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JENNIFER S MATTHEWS whose telephone number is (571)270-5843. The examiner can normally be reached Monday-Thursday 8am-4pm.
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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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/JENNIFER S MATTHEWS/Primary Examiner, Art Unit 3724