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 .
Information Disclosure Statement
The information disclosure statement (IDSs) submitted on 03/26/2025 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Drawings
There are more 44 figures have not been thoroughly checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in these figures.
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.
In this case, the phrase “The present disclosure is directed to a bandsaw” should be deleted and begin with “A bandsaw…”. Also, the language “may” should be deleted since it makes confusing whether the following features include or not.
The lengthy specification (26 pages) has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Claim Objections
Claims 4, 6, 8 are objected to because of the following informalities:
Claim 4, lines 3-4 “the motor output gear” should be read –a motor output gear— or claim 4 should depend on claim 3 (because claim 3 mentions “a motor output gear”).
Claim 6, lines 2-3, the second “a second carrier” should be read –the second carrier--;
Claim 8, line 2, the second “a third carrier” should be read –the third carrier--.
Appropriate correction is required.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Spitznas (DE 19614608 A1 and Translation).
Regarding claim 1, Spitznas shows a bandsaw (Figures 1-2), comprising:
a motor (7),
a transmission coupled to the motor (see all gears coupled to an output shaft 23 of the motor, Figure 4),
a base (a base frame 2, Figure 2), the base including an integrated transmission housing (19, Figure 4), the transmission received in the integrated transmission housing, a drive wheel (15, Figure 4), the drive wheel coupled to the transmission, a driven wheel (14), a blade (6) positioned about the drive wheel and the driven wheel.
Regarding claims 2-3, Spitznas shows that a cover (the cover where the reference “22” is pointing to, Figure 4) attached to an outer opening of the transmission housing and the cover includes a central opening to receive a motor output gear (see the output shaft gear 23 of the motor, Figure 4).
Regarding claims 4-5, Spitznas shows that the transmission includes a first planet gear set (31, Figure 4) and a first carrier (28), the first planet gear set received on a first side of the first carrier (an upper side of the carrier 28 as seen in Figure 4), the motor output gear (23) received within a central area formed by the first planet gear set in driving communication with the first planet gear set (see Figure 4 and see the discussion of Figure 4 in the translation, page 4) and
wherein the first carrier (28) includes a first central sun gear (27) on a second side of the first carrier, the second side of the first carrier being opposed to the first side of the first carrier (the bottom side of the carrier 28 as seen in Figure 4), the first planet gear set in driving communication with the first carrier and the first central sun gear (see all gears connect and driven together in Figure 4 and see the discussion of Figure 4 in the translation, page 4).
Regarding claim 6, Spitznas shows that the transmission includes a second planet gear set (32) and a second carrier (29), the second planet gear set received on a first side of the second carrier (an upper side), the first central sun gear (27) received within a central area formed by the second planet gear set in driving communication with the second planet gear set (Figure 4).
Regarding claim 7, Spitznas shows that the second carrier (29) includes a second sun gear (27a, Figure 4) on a second side of the second carrier (the bottom side of the carrier 29 as seen in Figure 4), the second side of the second carrier being opposed to the first side of the second carrier, the second planet gear set (32, Figure 4) in driving communication with the second carrier and the second central sun gear.
Regarding claim 8, Spitznas shows that the transmission includes a third planet gear set (33) and a third carrier (30), the third planet gear set received on a first side of the third carrier, the second central sun gear (27a) received within a central area formed by the third planet gear set in driving communication with the third planet gear set (Figure 4).
Regarding claim 9, Spitznas shows that the third carrier (30) includes a central opening (there is a cutout of the carrier 30 for receiving the sun gear 27a, Figure 4), the third planet gear set is in driving communication with the third carrier (see Figure 4).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 10-17 are rejected under 35 U.S.C. 103 as being unpatentable over Spitznas in view of Yuta (JP 2020001126A and Translation)
Regarding claim 10, Spitznas shows all of the limitations as stated above except an arbor (Examiner notes that the drive wheel 15 attaches to the third carrier 30), however, it is not whether it is attached by an arbor or not.
Yuta shows a bandsaw (Figures 1-2) having a drive wheel (12, Figure 6) and an arbor (see Figure 6 below) configured to fasten to a carrier (21b).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to have modified the fastening means of Spitznas to have an arbor, as taught by Yuta, since this is known alternative way for the same purpose and in order to allow the drive wheel securely connecting to the carrier.
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Regarding claim 11, the modified bandsaw of Spitznas shows that the first end of the arbor has a shape corresponding to the central opening of the third carrier such that when the third carrier rotates the third carrier drives the arbor (see a top end of the arbor or fastener in Yuta’s Figure 6 above).
Regarding claim 12, the modified bandsaw of Spitznas shows that the arbor includes a second end received in an opening of the drive wheel in driving communication with the drive wheel (see Yuta’s Figure 6 above).
Regarding claim 13, the modified bandsaw of Spitznas shows that the transmission includes a first ring gear (a top portion of a ring gear 25, Spitznas’s Figure 4 below) and wherein the first planet gear set, the first carrier, the second planet gear set, and the second carrier are received within an interior volume of the first ring gear (see Spitznas’s Figure 4 below).
Regarding claim 14, the modified bandsaw of Spitznas shows that teeth of the first planet gear set and teeth of the second planet gear set are engaged with teeth of the first ring gear to enable relative movement between the first planet gear set (31) and the second planet gear set (32) and the first ring gear (see the top portion of the ring gear 25, Spitznas’s Figure 4 below and this is an inherent limitation since all gears are connected to each other).
If one argues that “teeth of the first planet gear set and teeth of the second planet gear set are NOT engaged with teeth of the first ring gear”, Examiner takes Official Notice that it has long been known to have the teeth of the first planet gear set and teeth of the second planet gear set are engaged with teeth of the first ring gear. Examples can be provided if challenged, as they are numerous. It would have been obvious to a person having ordinary skill in the art (PHOSITA) to have teeth of the first planet gear set and teeth of the second planet gear set are engaged with teeth of the first ring gear, in order to drive the drive wheel and reduce stress on any single gear transmission.
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Regarding claims 15-17, the modified bandsaw of Spitznas shows all of the limitations as stated above including that the transmission includes a second ring gear (see a bottom portion of the ring gear 25 in Spitznas’s s Figure 4 above) and wherein the third planet gear set (33) and the third carrier (see portion of the carrier 30) are received within an interior volume of the second ring gear,
wherein teeth of the third planet gear set (33) are engage with teeth of the second ring gear to enable relative movement between the third planet gear set and the second ring gear (see Spitznas’s s Figure 4 above; all gears are connected to each other), and
wherein the transmission housing (19, Spitznas’s s Figure 4 and see the discussion in claim 1 above) receives and holds the first ring gear and the second ring gear.
Please note that in Applicant’s original specification, Para. 90 discusses that the first and second ring gears affix to the transmission housing that means both ring gears are integral to the transmission housing and non-rotation relative with the transmission housing, therefore, looking at Spitznas’s s Figure 4, both top and bottom ring gear portions of the ring gear 25 are integral, affix, and non-rotation relative to the transmission housing. Moreover, as claims 15-17 are written, it is unclear whether both first and second ring gears are formed in single part or two different parts. Therefore, top and bottom ring gear portions are made integral and meet this claimed limitation. See MPEP. 2144.04, section V, B “Making integral”.
Allowable Subject Matter
Claims 18-20 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: Claim 18 is free of prior art because the prior art does not suggest to have a set of tongues on an exterior surface of the first ring gear and the transmission housing includes a set of channels on an interior surface of the transmission housing, the set of tongues of the first ring gear received in the set of channels of the transmission housing thereby preventing the first ring gear from moving relative to the transmission housing as set in claim 18. Claims 19-20 are considered allowable subject matter because they depend on claim 18.
Another closest art, CN 206153679 U shows a bandsaw (Figures 1-3) having a transmission (Figure 7) that includes 3 stages of planetary gear sets, however, this transmission uses one ring gear (91) without a set of tongues for securing into the transmission housing.
Nishi (CN 103692397 and Translation) has a transmission that includes at least 3 stages of planetary gear sets (33-36, Figure 4) and two ring gears (42, 46) without a set of tongues for securing into the transmission housing, however, this transmission is used to control changing variable-speed (see the abstract) in a power drill.
Mao (US 2017/0355072 A1) shows has a transmission that includes at least 3 stages of planetary gear sets (231, 241, 261, Figure 5) and two ring gears (25, 27) with a set of tongues (252, Figure 5), however, the tongues are not for securing the ring gears into the transmission housing, and this transmission is used to control changing torque output tool (see the abstract) in a power drill.
Based on the teachings above, there appears to be no justification to modify the above mentioned art, in any combination to meet the requirements of the claimed invention because there are different configurations and non-analogous art. Thus, these claims could not be considered an obvious expedient of the combination, the claimed instant invention requires these limitations for reason purposes of the invention.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NHAT CHIEU Q DO whose telephone number is (571)270-1522. The examiner can normally be reached 8AM-5PM EST.
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/NHAT CHIEU Q DO/Primary Examiner, Art Unit 3724 5/8/2026
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