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 .
Specification
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided.
The abstract of the disclosure is objected to because there are some of formalities. The abstract should be amended to read as following (see emphasis added).
-- A garden shears structure has a first cutting member, an anvil, a second cutting member, a bolt, and a plurality of pivoting members. The second cutting member has a blade base, a driving member, s and two positioning plates. The first cutting member has two anvil bases. Each of the two anvil bases includes aperture. An opening is formed on a lower side of the blade base which has a first blade base aperture and a second blade base aperture. The driving member has two protrusions. A first driving member aperture and a second driving member aperture are disposed through the two protrusions respectively. A first connecting bar aperture and a second connecting bar aperture are disposed on each of the connecting bars Each of the positioning plates
A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
The disclosure is objected to because of the following informalities: as seen in figures 2 and 5, there is only one bolt 40 for mounted through a driving member 32 and two connecting bars 33, however, the specification, page 2, the last line “bolts” and page 5 “a bolt 40…bolts 40” appears a typo. Appropriate correction is required.
Also, there is a Chinese word in line 16 of page 5 is unclear what is for.
Claim Objections
Claims 1, 3-4 are objected to because of the following informalities: there are many formalities in the Claims making it confusion what is actually being claimed (see the discussion in 112b below). Claims have been rewritten below for exemplary purposes only to overcome these objections. Applicant should note however that these exemplary claims have not been written to overcome any rejections set forth below and rewritten below for exemplary purposes to overcome objections:
For claim 1:
--A garden shears structure comprising: a first cutting member, an anvil, a second cutting member, a bolt, and a plurality of pivoting members, the second cutting member comprising: a blade base, a driving member, two connecting bars, and two positioning plates; wherein:
the first cutting member has two anvil bases, wherein each of the two anvil bases includes
the blade base has an opening with a first blade base aperture and a second blade base aperture;
the driving member has two protrusions with a first driving member aperture and a second driving member aperture;
each of the two connecting bars has a first connecting bar aperture and a second connecting bar aperture; the two connecting bars respectively push against the blade base and the driving member, the bolt is mounted through the second connecting bar aperture and the first driving member aperture, the driving member and the two connecting bars are connected together, and one of the plurality of pivoting members s of the two connecting bars, and the first blade base aperture of the blade base, such that the driving member is capable of being rotated along the arced long apertures in the containing space via the two connecting bars to drive the blade base to open or close; and
each of the two positioning plates has a first positioning plate aperture and a second positioning plate aperture, the two positioning plates respectively push against the blade base and the driving member, the first positioning plate apertures are respectively aligned with the first anvil base apertures of the two anvil bases and the second driving member apertures of the driving member, the second positioning plate apertures are aligned with the second anvil base apertures of the two anvil bases and the second blade base aperture of the blade base, and two pivoting members of the plurality of pivoting members are mounted with the first anvil base aperture and the second anvil base aperture to assemble the second cutting member in the containing space.—
For claim 3:
--The garden shears structure as claimed in claim 1, wherein each of the two positioning plates
For claim 4:
--The garden shears structure as claimed in claim 1, wherein each of the plurality of pivoting members s a bolt and a nut.—
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 1-4 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.
Preamble of Claim 1 “a garden shears structure” is unclear because as the claim body is written (e.g., “a blade base”), it is not clear what a structure of the blade base is used to shear or cut (the body claim hasn’t been claimed a shearing blade or a shearing edge).
Claim 1, line 15 “bolts are mounted through the second connecting bar aperture…” are unclear whether these bolts include the bolt in claim 1, line 2 or not or additional bolts. Also, examiner notes that it appears a typo which makes the claimed invention is confusing (because Figures 2 and 5 show only one bolt 40 in the garden shears structure and why this tool needs more than one bolts mounted through a single aperture or the second connecting bar aperture).
Claim 1, lines 17-18 “a pivoting member” is unclear whether it refers to one of the plurality of pivoting members in line 2 or an additional pivoting member. See the suggestion amendment above.
Claim 1, line 30 “two pivoting members” is unclear whether these two pivoting members refer to two of the plurality of pivoting members in line 2 or additional two pivoting members. See the suggestion amendment above.
Claim 4 “the pivoting member” is unclear which one of the plurality of pivoting members comprises a bolt and a nut and as the claim is written, it is unclear whether the pivoting member refers to one of the plurality of pivoting members in line 2 or an inherent pivoting member. See the suggestion amendment above.
For examination purposes, as best understood, Examiner is interpreting the “issues above” in the claimed objections above and all claims dependent from claim 1 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being dependent from the rejected parent claim.
Allowable Subject Matter
Claim 1 would be allowable if rewritten or amended 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.
The following is a statement of reasons for allowance: independent Claim 1 is free of the prior art because the prior art does not teach or suggest a garden shears structure includes:
a first cutting member, an anvil, a second cutting member, a bolt, and a plurality of pivoting members, the second cutting member comprising: a blade base, a driving member, two connecting bars, and two positioning plates;
the first cutting member has two anvil bases, wherein each of the two anvil bases includes an arced long aperture, a first anvil base aperture and a second anvil base aperture, the two anvil bases securing the anvil and providing a containing space therebetween for accepting the second cutting member;
the blade base has an opening with a first blade base aperture and a second blade base aperture;
the driving member has two protrusions with a first driving member aperture and a second driving member aperture;
each of the two connecting bars has a first connecting bar aperture and a second connecting bar aperture; the two connecting bars respectively push against the blade base and the driving member, the bolt is mounted through the second connecting bar aperture and the first driving member aperture, the driving member and the two connecting bars are connected together, and one of the plurality of pivoting members is mounted at the arced long apertures of the two anvil bases, the first connecting bar apertures of the two connecting bars, and the first blade base aperture of the blade base, such that the driving member is capable of being rotated along the arced long apertures in the containing space via the two connecting bars to drive the blade base to open or close; and
each of the two positioning plates has a first positioning plate aperture and a second positioning plate aperture, the two positioning plates respectively push against the blade base and the driving member, the first positioning plate apertures are respectively aligned with the first anvil base apertures of the two anvil bases and the second driving member apertures of the driving member, the second positioning plate apertures are aligned with the second anvil base apertures of the two anvil bases and the second blade base aperture of the blade base, and two pivoting members of the plurality of pivoting members are mounted with the first anvil base aperture and the second anvil base aperture to assemble the second cutting member in the containing space, as set forth in claim 1.
There are number of closest prior arts are shown garden shears structures, for examples,
Hsu (US 2016/0345505 A1) shows a garden shears structure (Figure 1) shows most features structures as set forth in claim 1 including two anvil bases (1), but none of them suggests to have arced long apertures and also, Hsu’s reference does not discuss two connecting bars and two positioning plates as defined in claim 1.
Hsu (DE 102010037967 A1 and Translation) shows a garden shears structure (Figures 1-2) shows two anvil bases (13, Figure 2) having arced long apertures (131) for receiving a driven pin (34, Figure 6), however, this garden shears structure, as shown in Figures 1-2, 6 has a different configuration compared to the configuration of Hsu’s 505 above.
Huang (US 6681492) shows a garden shears structure (Figure 5) shows two anvil bases (30) having arced long apertures (33) for swiveling of a check plate 60, however, this garden shears structure, as shown in Figures 5-6, has a different configuration compared to the configurations of Hsu’s 505 and Hsu’s 967 above.
Therefore, there appears to be no justification to modify the above mentioned references, in any combination to meet the requirements of the claimed invention as set forth in claim 1.
Regarding claims 2-4 are considered to contain allowable subject matter because they are being dependent from the claim 1.
Conclusion
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/NHAT CHIEU Q DO/Primary Examiner, Art Unit 3724 12/9/2025