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 . 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 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.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 07/19/2024 and 03/14/2025 have been considered by the examiner.
Election/Restrictions
Applicant’s election without traverse of Group I, claims 1-11 in the reply filed on 01/29/2026 is acknowledged.
Claim Rejections - 35 USC § 102
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 1-2, 8-11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by McIntosh (U.S. Patent Pub. No. 2004/0158996).
Regarding claim 1, McIntosh teaches a handheld band saw (50), comprising:
a housing (52) (Figures 5-6);
a handle (92) supported by the housing and configured to be grasped by a user during a cutting operation (Figures 5-6);
a motor (76,104) supported by the housing (Figure 6; Paragraphs 0041-0042);
a drive wheel assembly (100) at least partially disposed within the housing (Figure 5; Paragraphs 0042-0043);
a saw blade (150) driven by the drive wheel assembly and configured to cut a workpiece during the cutting operation (Figure 5; Paragraph 0046); and
a drive assembly (106,108,110) positioned between the motor and the drive wheel assembly, wherein the drive assembly is configured to transfer torque from the motor to the drive wheel assembly, causing the drive wheel assembly and the saw blade to rotate, wherein the drive wheel assembly includes a wheel (114) having a recess in which a portion of the drive assembly is received to shorten an overall length of the motor, the drive assembly, and the drive wheel assembly (Figures 5 and 9a-9b; Paragraphs 0042-0043; See recessed portion between the outer wall of drive wheel 114 and internal gear 116).
Regarding claim 2, McIntosh teaches the handheld band saw of claim 1, wherein the wheel surrounds the portion of the drive assembly that is recessed within the recess (Figure 9a).
Regarding claim 8, McIntosh teaches the handheld band saw of claim 1, and wherein the housing includes a deck (54) that at least partially covers the wheel (Figure 5; Paragraphs 0037-0038), and wherein the deck includes a motor support portion (52) and a separate motor cover (112) that together enclose the motor (Figure 6).
Regarding claim 9, McIntosh teaches the handheld band saw of claim 8, wherein the motor cover extends from the deck (Figure 6).
Regarding claim 10, McIntosh teaches the handheld band saw of claim 1, further comprising a battery (99) removably coupled to the handle (92), wherein the battery, when coupled to the handle, is configured to provide power to the motor (Figure 6, Paragraphs 0013 and 0041).
Regarding claim 11, McIntosh teaches the handheld band saw of claim 10, further comprising a trigger (96) disposed adjacent a gripping portion (Portion near element 92 noting handle assembly) of the handle, wherein power from the battery is supplied to the motor when the trigger is actuated (Figure 6; Paragraph 0040).
Claim Rejections - 35 USC § 103
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 3-4 are rejected under 35 U.S.C. 103 as being unpatentable over McIntosh (U.S. Patent Pub. No. 2004/0158996) in view of Dean (U.S. Patent No. 6,442,848).
Regarding claim 3, McIntosh teaches the handheld band saw of claim 2, wherein the drive assembly includes a spindle (108,110 Figure 9b) to which the wheel is coupled for co-rotation (Paragraphs 0042-0043).
McIntosh does not provide a first bearing that rotatably supports the spindle, and wherein the first bearing is at least partially received within the recess in the wheel.
Dean teaches it is known within the art of handheld saws to incorporate a motor with a spindle (60) including a bearing assembly (64)(Figure 1 and Col. 5, Lines 34-49).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to have modified the device of McIntosh to incorporate the teachings of Dean to provide the spindle with a bearing assembly. In doing so, it allows for a reduction in friction during use.
Thus, the modified device of McIntosh in view of Dean provides wherein the drive assembly includes a spindle (108,110 McIntosh Figure 9b) to which the wheel is coupled for co-rotation (McIntosh Paragraphs 0042-0043) and a first bearing (64 Dean Figure 1) that rotatably supports the spindle, and wherein the first bearing is at least partially received within the recess in the wheel (McIntosh Figures 9a-9b).
Regarding claim 4, McIntosh teaches the handheld band saw of claim 3, wherein the wheel surrounds the first bearing that rotatably supports the spindle (Dean Figure 1 and McIntosh Figures 9a-9b).
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over McIntosh (U.S. Patent Pub. No. 2004/0158996) in view of Dean (U.S. Patent No. 6,442,848) as applied to claims 1-3 above, and further in view of Warrick (U.S. Patent No. 3,538,964)
Regarding claim 5, McIntosh teaches the handheld band saw of claim 3, except further comprising: a second bearing rotatably supporting a rotor of the motor; and a fan driven by the motor, wherein the fan includes a recess in which the second bearing is at least partially received to shorten the overall length of the motor, the drive assembly, and the drive wheel assembly.
Warrick teaches it is known in the art of motor driven saws to incorporate a first bearing (139) and a second bearing (122) rotatably supporting a rotor (141) of a motor (Figure 4); and a fan (144, 142, 143) driven by the motor, wherein the fan includes a recess in which the bearing is at least partially received to shorten the overall length of the motor (Figure 4)
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to have modified the device of McIntosh to incorporate the teachings of Warrick to provide multiple bearings. In doing so, it allows for a reduction in friction during use.
Thus, the modified device of McIntosh further in view of Warrick provides a second bearing (122) rotatably supporting a rotor of the motor (Warrick Figure 4); and a fan driven (144,142,143) by the motor, wherein the fan includes a recess in which the second bearing is at least partially received (Warrick Figure 4) to shorten the overall length of the motor, the drive assembly, and the drive wheel assembly (Dean Figure 1 and McIntosh Figures 9a-9b).
Claims 6 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over McIntosh (U.S. Patent Pub. No. 2004/0158996).
Regarding claims 6 and 7 McIntosh must have an overall length of the motor, the drive assembly, and the drive wheel assembly however the prior art is silent as to the exact dimensions. McIntosh teaches all of the elements of the current invention except; wherein the overall length of the motor, the drive assembly, and the drive wheel assembly is between 2 inches and 3 inches or wherein the overall length of the motor, the drive assembly, and the drive wheel assembly is approximately 2.5 inches.
Regarding claims 6 and 7 McIntosh discloses the invention essentially as claimed as discussed above. McIntosh must have an overall length of the motor, the drive assembly, and the drive wheel assembly. However, McIntosh does not expressly disclose the overall length of the motor, the drive assembly, and the drive wheel assembly is between 2 inches and 3 inches or wherein the overall length of the motor, the drive assembly, and the drive wheel assembly is approximately 2.5 inches.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to cause the device of McIntosh to have the overall length of the motor, the drive assembly, and the drive wheel assembly is between 2 inches and 3 inches or wherein the overall length of the motor, the drive assembly, and the drive wheel assembly is approximately 2.5 inches. since it has been held that “where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device” Gardner v. TEC Syst., Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 SPQ 232 (1984).
In the instant case, the device of McIntosh would not operate differently with the claimed overall length and since the motor, drive assembly and drive wheel assembly cooperate are intended to reside within the housing with an overall length the device would function appropriately having the claimed overall length. Further, applicant places no criticality on the range claimed, indicating simply that the overall length “may” be within the claimed ranges (specification pp. [0023]).
Related Prior Art
Below is an analysis of the relevance of references cited but not used
- "892 cited references A-D, F-I on page 1 establish the state of the art with a variety of handheld band saws and cutting tools with varied motor/drive mechanisms.
Conclusion
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/RICHARD D CROSBY JR/ 02/19/2026Examiner, Art Unit 3724