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 § 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.
Claims 1 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over US Patent No. 7,998,158 to Fletcher et al. as evidenced by US Patent No. 20020104421 to Wurst, in view of US Patent No. 4,179,967 to Clark.
In re claim 1, Fletcher teaches an accessory for use with an oscillating power tool comprising:
an attachment portion (16, Para 0044) configured to be coupled to the oscillating power tool;
and
a working portion (as shown in at least Figure 1) extending along a tool axis and including a rear end portion coupled to the attachment portion (as shown in at least Figure 1), a front end portion with a cutting edge (2) opposite the rear end portion, a non-cutting first lateral edge (20a, left) extending from the rear end portion to the front end portion, and a non-cutting second lateral edge (20a, right) opposite the first lateral non-cutting edge and extending from the rear end portion to the front end portion,
wherein the cutting edge (2) includes a plurality of teeth arranged along a straight line that is generally perpendicular to the tool axis (Col. 6, lines 35-40), the plurality of teeth having a first subset of teeth including at least a plurality of first tooth teeth extending from the first lateral edge toward the tool axis (as shown in at least Figure 1), a second subset of teeth including a plurality of second teeth extending from the second lateral edge toward the tool axis (as shown in at least Figure 1), and a third subset of teeth including a plurality of third teeth disposed between the first subset of teeth and the second subset of teeth and intersecting the tool axis (as shown in at least Figure 1).
In re claim 10, wherein a first transition of spacing between the third subset of teeth (as shown in at least Figure 1) and the first subset of teeth is gradual (as shown in at least Figure 1) and a second transition of spacing between the third subset of teeth and the second subset of teeth is gradual (as shown in at least Figure 1, see Annotated Figure 1, below).
As shown in at least Annotated Figure 1, each subset of teeth are identified by letters A, B, and C, which A and C being the first and second subset of teeth. There is a gradual transition between each subset of teeth.
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Regarding claim 1, Fletcher teaches an accessory, but does not teach wherein the plurality of first teeth having a course tooth pitch and extending directly form the first lateral edge toward the tool axis and the plurality of second teeth have a coarse tooth pitch and extending direction from the second lateral edge, the plurality of third teeth have a fine tooth pitch, and the first and second subsets of teeth each transitioning directly into the third subset of teeth.
Wurst is evidence in the art of saw blades that an accessory can have a first subset (14) having a fine tooth pitch arrangement extending from a first lateral edge, a second subset (12) having a fine pitch tooth arrangement extending from a second lateral edge, and a third subset (16) having a coarse pitch arrangement, disposed between the fine pitch teeth arrangements. Wurst teaches the teeth (22) in Figure 1 can be adjusted with respect to the material being sawed and for harder and tougher materials, such as metal, smaller teeth and spacing are used than a saw configured for working wood or plastic (Paras 0046,0047).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to arrange the first, second, and third subsets of Fletcher in an alternating arrangement of fine and coarse tooth pitches, as evidenced by Wurst, based on the material to be cut to achieve the desired final cut.
Fletcher, as evidenced by Wurst, provides evidence that it is known to have an alternating arrangement of fine pitch teeth, followed by coarse pitch teeth, followed by fine teeth pitch, which differs from the claimed invention.
Clark teaches an accessory, which is a saw blade, having a plurality of subsets (11) of teeth. Teeth (12,13,14) in the first subset are coarse pitch teeth and tooth (12) extends directly from the first lateral edge (Col. 1, lines 67, Col. 2, lines 1-2). Teeth (15,16) are fine pitch teeth, which transition into coarse pitch teeth (17,18). The table in Col. 3, lines 23-32 provides details to the pitch of each tooth in each subset (11). In other words, Clark teaches a coarse pitch tooth, followed by a fine pitch, followed by a coarse pitch arrangement.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention for each subset of teeth in Fletcher, as evidenced by Wurst, to be arranged in an alternating arrangement of a coarse pitch subset, a fine pitch subset, and a coarse pitch subset (in this particular order) as taught by Clark to permit a smoother running and faster cutting, while also prolonging the life of a blade (Col. 1, lines 6-12).
Claims 2 and 3 are rejected under 35 U.S.C. 103 as being unpatentable over Fletcher, as evidenced by Wurst, in view of Clark, as applied to the above claims, and in further view of WO2012166096 to Campbell et al.
In re claim 2, modified Fletcher teaches wherein the plurality of first tooth teeth and the plurality of second tooth teeth have a first size and each of the plurality of third teeth have a second size.
In re claim 3, wherein the plurality of first tooth teeth and the plurality of second teeth have a first shape and each of the at least one plurality of third tooth teeth have a second shape.
Regarding claims 2 and 3, modified Fletcher teaches the plurality of first and second teeth have a first shape and size, but does not teach the third teeth having a shape and size different from the first and second teeth.
Campbell teaches in the art of saw blades, a blade having a plurality of teeth along a first edge which are different in shape and size from the plurality of teeth along a second edge (Pg. 3, lines 5-8).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to shape the plurality of first and second teeth of modified Fletcher to have a different size and shape than the plurality of third teeth as taught by Campbell based on the desired outcome of the material being cut. Different size teeth are also advantageous for reducing vibrations and providing stability for rough and fine cutting.
Response to Arguments
Applicant’s arguments with respect to claims 1-3 and 10 have been considered but are moot because the new ground of rejection does not rely on the combination of references applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 8,714,059 teaches a saw blade having a subset with a plurality of alternating coarse pitch, fine pitch, and coarse pitch blades. US 3,805,383 teaches a blade having a subset with a plurality of alternating fine pitch, coarse pitch, and fine pitch blades.
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
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