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
Claims 1, 13 and 14 is objected to because of the following informalities:
In claims 1, 13 and 14, “an adjustment device, connected to the housing assembly and disposed at least partially in the cutting area, comprising a support member connected to the housing assembly” should be --an adjustment device connected to the housing assembly and disposed at least partially in the cutting area, the adjustment device comprising a support member connected to the housing assembly--. In claim 1, line 7, “the housing assemply” should be –the housing assembly--. In claim 14, line 7, “a preset” should be –a preset position--. Appropriate correction is required.
Claim Interpretation
2. The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function. Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
“a housing assembly” and “an adjustment device” set forth in claims 1, 13, and 14.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 112
3. 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.
4. Claims 1-14 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, “cutting area” is ambiguous. It is not clear what portion of the housing is considered the cutting area. It is not clear where the cutting area starts or where it ends. The claim does not even recite a cutter or a blade that would define a specific cutting region.
Regarding claim 1, “in a case where the fence member is subjected to an external force” is unclear. It is not clear what type of external force is being contemplated. It is uncertain whether this refers to an impact force, a gravity force, or a manual force applied by an operator.
Regarding claim 1, “the elastic member prevents the fence member from being disengaged from the support member” is unclear. The claim does not recite a structural relationship between the elastic member, the fence member, and the support member. The claim merely recites, “an elastic member disposed at least partially in the housing assembly.” Therefore, it is not clear how the elastic member prevents disengagement, because the claim does not require the fence member or support member to engage or interface with the elastic member.
Regarding claim 2, “the fence moves basically along a first sliding direction” is not clear. It is not clear how “basically” limits the scope of the movement, and claims does not define the boundaries of this sliding direction.
Regarding claim 3, “when the fence member moves to the third position under the external force, the support member moves relative to the housing assembly” is purely functional and fails to further structurally limit the hand-held saw recited in claim 1.
Regarding claim 4, “the fence member moves from the first position to the preset position relative to the elastic member” is purely functional and fails to further structurally limit the hand-held saw recited in claim 1.
Regarding claim 10, “when the fence member at the preset position is subjected to a force and moves to a third position” is unclear. It is not evident how the fence member can be subjected to “a force” while it is at the preset position, nor is it clear how such a force is generated or applied to the fence member.
Regarding claim 10, “generating a biasing force on a support block so that the support member drives the fence member to move to the preset position” lacks clarity. The claim fails to specify that the support block is a part of the support member, thereby creating ambiguity as to whether the support block is instead a separate structural element.
Regarding claim 13, “a housing assembly forming a cutting area” is unclear. It is not clear how the housing itself forms a cutting area. A cutter or a blade would be typically needed to form such an area. The claim does not specify where the cutting area begins or end, and it does not recite any cutting member.
Regarding claim 13, “in a case where the fence member is subjected to an external force” is unclear. It is not clear what type of external force is being contemplated. It is uncertain whether this refers to an impact force, a gravity force, or a manual force applied by an operator.
Regarding claim 14, “a housing assembly provided with a cutting area” is unclear for the same reasons discussed for claim 1. The claim does not recite a cutter or a blade, and therefore the boundaries of the cutting area are indeterminate.
Regarding claim 14, “in a case where the fence member is subjected to an external force” is unclear. It is not clear what type of external force is being contemplated. It is uncertain whether this refers to an impact force, a gravity force, or a manual force applied by an operator.
Claim Rejections - 35 USC § 102
5. 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.
6. Claims 1, 5-6, and 12-14, as best understood, are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Bertsch et al. (8,549,759 B2), hereinafter Bertsch. Regarding claim 1, as best understood, Bertsch teaches a hand-held band saw 10, comprising: a housing assembly 14 provided with a cutting area 58; and an adjustment device (91; Fig. 3), connected to the housing assembly 14 and disposed at least partially in the cutting area 58, comprising a support member 96 connected to the housing assembly 14, a fence member 92 (Fig. 3) connected to the support member 96 and configured to be slidable to a preset position relative to the housing assembly 14, and an elastic member 166 (Fig. 5A) disposed at least partially (Fig. 5B) in the housing assembly 14; wherein the fence member 92 is slidable relative to the housing assembly 14 into at least a first position and the preset position, the first position is an original state in which the fence member 92 does not extend out of the cutting area (in a fully recessed position, the fence is adjacent to or near a bottom edge, i.e., the cutting edge of the band saw blade 26; col. 4, lines 49-55; this is considered as the fence not extending out of the cutting area that lies adjacent to the cutting edge of the blade 26) the preset position is an extended state in which the fence member 92 extends out of the cutting area (Fig. 2B), and, when the fence member is at the preset position and in a case where the fence member is subjected to an external force, the elastic member 166 prevents the fence member from being disengaged from the support member. It should be noted that in a preset position, the elastic member 166 pushes the detent ball 162 into the aperture 184 of the fence member 92 and thereby prevents disengagement of the fence member 92 from the support member 96 (Fig. 5A) in the event of external force being applied to the bottom edge of the fence 92.
Regarding claim 5, Bertsch teaches everything noted above including that the housing assembly 14 is provided with an accommodation space (defined by the space that receives the entire support member 96; Fig. 5B), and the elastic member 166 is disposed at least partially in the accommodation space.
Regarding claim 6, Bertsch teaches everything noted above including that the elastic member 166 has a first end and a second end opposite to each other, the first end abuts against an inner wall (as shown the end of the spring 166 abouts the inner wall of the accommodation space; Fig. 5B) of the accommodation space, and the second end (defined by the opposite end of the spring 166 which about the inner wall as well as the support member 96; Fig. 5B) abuts against the support member.
Regarding claim 12, Bertsch teaches everything noted above including that the elastic member 166 is a spring.
Regarding claim 13, as best understood, Bertsch teaches a hand-held band saw 10, comprising: a housing assembly 14 forming a cutting area 58; and an adjustment device 91, connected to the housing assembly 14 and disposed at least partially in the cutting area 14 (Fig. 5B), comprising a support member 96 connected to the housing assembly, an elastic member 166 connected to the support member, and a fence member 92 connected to the support member; wherein the fence member is slidable into at least a first position and a preset position, the first position is an original state in which the fence member does not extend out of the cutting area (in a fully recessed position, the fence is adjacent to or near a bottom edge, i.e., the cutting edge of the band saw blade 26; col. 4, lines 49-55; this is considered as the fence not extending out of the cutting area that lies adjacent to the cutting edge of the blade 26), the preset position is an extended state in which the fence member extends out of the cutting area 58 (Fig. 2B), when the fence member slides from the first position to the preset position, the fence member is configured to slide relative to the elastic member 166 (as the elastic member being fixed to the housing assembly, the fence member 92 moves relative to it), and, when the fence member is at the preset position and in a case where the fence member is subjected to an external force, the elastic member prevents the fence member from being disengaged from the support member. It should be noted that in a preset position, the elastic member 166 pushes the detent ball 162 into the aperture 184 of the fence member 92 and thereby prevents disengagement of the fence member 92 from the support member 96 (Fig. 5A) in the event of external force being applied to the bottom edge of the fence 92.
Regarding claim 14, as best understood, Bertsch teaches a hand-held band saw 10, comprising: a housing assembly 14 provided with a cutting area 58; and an adjustment device. 91 connected to the housing assembly 14 and disposed at least partially in the cutting area 58, comprising a support member 96 connected to the housing assembly 14, an elastic member 166 abutting at least partially against the support member 96 (Fig. 5B), and a fence member 92 connected to the support member 96; wherein the fence member is slidable into at least a first position and a preset, the first position is an original state in which the fence member does not extend out of the cutting area (in a fully recessed position, the fence is adjacent to or near a bottom edge, i.e., the cutting edge of the band saw blade 26; col. 4, lines 49-55; this is considered as the fence not extending out of the cutting area that lies adjacent to the cutting edge of the blade 26), the preset position is an extended state in which the fence member 92 extends out of the cutting area (Fig. 2B), and when the fence member is at the preset position and in a case where the fence member is subjected to an external force, the elastic member prevents the fence member from being disengaged from the support member. It should be noted that in a preset position, the elastic member 166 pushes the detent ball 162 into the aperture 184 of the fence member 92 and thereby prevents disengagement of the fence member 92 from the support member 96 (Fig. 5A) in the event of external force being applied to the bottom edge of the fence 92.
7. Claims 1-3,12, and 14, as best understood, are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Skinner et al. (2,829,683), hereinafter Skinner. Regarding claim 1, as best understood, Skinner teaches a hand-held band saw, comprising: a housing assembly (10, 30), provided with a cutting area (defined by the area above the top surface of the rip fence 70; Fig. III); and an adjustment device (16, 36, 38), connected to the housing assembly (10, 30) and disposed at least partially in the cutting area, comprising a support member (36, 38) connected to the housing assembly (10, 30), a fence member 16 (Fig. III) connected to the support member (36, 38) and configured to be slidable to a preset position relative to the housing assembly (10, 30), and an elastic member (48, 50) disposed at least partially (by being disposed within the L-shaped section 30 of the housing 10, 30; Fig. III) in the housing assembly; wherein the fence member 16 is slidable relative to the housing assembly (10, 30) into at least a first position (defined by a position above the top surface of the rip fence 70) and the preset position (defined by a position below the top surface of the rip fence 70; Fig. III), the first position is an original state in which the fence member 16 does not extend out of the cutting area, the preset position is an extended state in which the fence member 16 extends out of the cutting area (Fig. III), and, when the fence member is at the preset position and in a case where the fence member is subjected to an external force (defined by the upward force of the workpiece against the fence 16; Fig. III), the elastic member (49, 58) prevents the fence member from being disengaged from the support member (36, 38). It should be noted that in both the preset and first positions, the elastic member (48, 50) prevents the disengagement of the fence 16 from the support (36, 38), as it connects fence 16 to support portion 36 at all time.
Regarding claim 2, as best understood, Skinner teaches everything noted above including that the fence member 16 at the preset position is subjected to the external force (the upwardly force of the workpiece exerted on the fence 16), the fence member moves basically along a first sliding direction to a third position (slightly above the preset position shown in Fig. III), and the elastic member (48, 52) is capable of generating a biasing force opposite to a movement direction of the fence member to move the fence member to the preset position (as biasing force of the springs 48, 50 pushes the fence downwardly into the preset position).
Regarding claim 3, as best understood, Skinner teaches everything noted above including that the fence member 16 moves to the third position under the external force, the support member (36, 38) moves relative to the housing assembly (10, 30).
Regarding claim 12, Skinner teaches everything noted above including that
the elastic member is a spring (48 or 50).
Regarding claim 14, as best understood, Skinner teaches a hand-held band saw, comprising: a housing assembly (10, 30) forming a cutting area (defined by the area above the top surface of the rip fence 70; Fig. III); and an adjustment device (16, 36, 38), connected to the housing assembly and disposed at least partially in the cutting area, comprising a support member (36, 38) connected to the housing assembly, an elastic member (48, 50) abutting at least partially against the support member (36, 38), and a fence member 16 connected to the support member (36, 38); wherein the fence member is slidable into at least a first position ((in a position above the top surface of the rip fence 70) and a preset (in the position shown in Fig. III where the fence 16 is below the top surface of the rip fence 70 in a cutting area), the first position is an original state in which the fence member 16 does not extend out of the cutting area, the preset position is an extended state in which the fence member extends out of the cutting area (or below the top surface of the rip fence 70; Fig. III), and when the fence member is at the preset position and in a case where the fence member is subjected to an external force (defined by the upward force of the workpiece against the fence 16; Fig. III), the elastic member (48, 50) prevents the fence member from being disengaged from the support member. It should be noted that in both the preset and first positions, the elastic member (48, 50) prevents the disengagement of the fence 16 from the support (36, 38), as it connects fence 16 to support portion 36 at all time.
Allowable Subject Matter
8. Claims 4 and 7-11 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Regarding claims 4 and 13, a best understood, Skinner does not explicitly teach that the fence member 16 moves from the first position to the preset position relative to the elastic member (48, 50) since the elastic member (48, 50) is connected to the fence at all time.
Bertsch does not teach the subject matter of claims 2 and 7.
Conclusion
9. The prior art made of record and not relied upon is considered pertinent to
applicant’s disclosure.
Miller et al. (8,763,258 B12), Steele et al. (2015/0231712 A1), Stelljes et al. (4,001.937), Sacrey (2,596081 A), and Bertsch (2010/0287782 A1) teach a hand-held band saw.
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