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 .
Election/Restrictions
1. Applicant’s election without traverse of Group III (claims 11-21) and subgroup IIIB (claims 16-20) in the reply filed on 03/13/2026 is acknowledged.
2. Claims 14-15 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected subgroup, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 03/13/2026.
Claim Interpretation
3. The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
4. 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 saw unit” recited in claim 1.
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 Objections
5. Claim 17 is objected to because of the following informalities: “wherein the second position” should be –wherein in the second position--. Appropriate correction is required.
Claim Rejections - 35 USC § 112
6. 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.
7. Claims 16-21 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 claims 16 and 21, the terms “the first position” and “the second position” are unclear. It is not specified whether these positions refer to the saw unit, linkage, or to the extended bevel knob recited in claim 11.
Claim Rejections - 35 USC § 102
8. 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.
9. Claims 11-13 and 16-21 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Fukuoka (6,601,305 B1), provided with the IDS filed on 08/09/2024. Regarding claim 1, Fukuoka teaches a circular saw 1 comprising: a shoe 2 including an upper surface and an opposite, lower surface defining a shoe plane (shoe 2, Figs. 1-3); a saw unit 4 including a circular saw blade 3 defining a blade plane, the saw unit 4 pivotably coupled to the shoe 2 between a first position in which the saw blade does not protrude beyond the lower surface of the shoe (depth guide 20 with lock lever 21 set to minimum depth; Figs. 2-3), and a second position in which the saw blade protrudes beyond the lower surface of the shoe (depth guide 20 with the lock lever set to increased depth; Figs. 2-3); and a bevel angle adjustment mechanism 10 operable to adjust a bevel angle within a bevel angle range about a bevel axis between the saw unit 4 and the shoe 2 (bevel angle adjustment defined by pin 32/44 in extended position, restricting saw unit 4 from pivoting below 0° to 45° depending on embodiment, Figs. 13-16; bevel axis corresponds to lateral pivotal axis at pivotal support 5); the bevel angle adjustment mechanism including a linkage operable to shift between a first position and a second position (linkage formed by guide plate 31 and pin 32/44 operable with slide lever 41, Figs. 13-16); wherein in the first position of the linkage, a lower bound of the bevel angle range is restricted to a first lower bound (pin 32/44 in extended position engages joint plate 33, restricting lower bound to standard maximum lateral pivot, e.g., 0° or 45° depending on embodiment, Figs. 13-16); wherein in the second position of the linkage, the lower bound of the bevel angle range is restricted to a second lower bound lower than the first lower bound (pulling pin 32/44 via slide lever 41 disengages pin, allowing saw unit 4 to pivot past first maximum, effectively lowering the lower bound beyond the first lower bound, Figs. 15-16); an extended bevel knob operable to shift between a first position and a second position (lever 16 and lock screw 14, Figs. 13-16); wherein in the first position of the extended bevel knob, an upper bound of the bevel angle range is restricted to a first upper bound (lever 16 rotated to first position, lock screw 14 tightened, restricting upper bound to standard maximum, e.g., 45°, Figs. 13-16); and wherein in the second position of the extended bevel knob, the upper bound of the bevel angle range is restricted to a second upper bound greater than the first upper bound (lever 16 rotated to second position, loosening lock screw 14, allowing pivot past 45° to 50°; Figs. 13-16).
Regarding claim 12, Fukuoka teaches everything noted above including that the linkage (31/44) and the extended bevel knob (16, 14) are operable independent of one another. Specifically, the linkage 31/44 operates the lower bound independently (Figs. 13-16), and the extended bevel knob (lever 16 and screw 14) operates the upper bound independently (Figs. 13-16).
Regarding claim 13, Fukuoka teaches everything noted above including that the extended bevel knob (16, 14) is accessible from a longitudinal end (front/top of the saw body) of the circular saw 10.
Regarding claim 16, as best understood, Fukuoka teaches everything noted above including a carriage (defined by the slide plate/guide plate 31, which functions as a carriage plate to position saw unit 4 during bevel adjustment; Figs. 13-16) coupled to the saw unit 4. The carriage includes a carriage plate configured to adjustably position the saw unit 4 relative to the shoe 2, the carriage plate having an arcuate slot (arcuate movement of pin 32 in slot 31 corresponds to arcuate slot with stop surface; Figs. 13-16) with a stop surface, and the extended bevel knob includes a shaft (screw 14) having a flat surface (Figs. 13-16), the shaft being movable between the first position and the second position.
Regarding claim 17, Fukuoka teaches everything noted above including that in the first position of the extended bevel knob (16, 14), the flat surface faces away from the stop surface, and in the second position of the extended bevel knob, the flat surface faces the stop surface. Specifically, lever 16 (shaft) rotates to engage or disengage stop pin 32 in guide plate 31, and the flat surface of the shaft contacts or moves away from the stop surface depending on the lever position (Figs. 13-16).
Regarding claim 18, Fukuoka teaches everything noted above including that the shaft (lever 16) is generally cylindrical, and the flat surface is located between the axial ends of the generally cylindrical shaft. Fukuoka teaches that lever 16/shaft is generally cylindrical, with the flat surface positioned centrally along the shaft length (Figs. 13-16).
Regarding claim 19, Fukuoka teaches everything noted above including that the carriage 31 (slide plate) is adjustable relative to the shoe to move the saw unit between positions corresponding to any desired bevel angle between the second lower bound and the second upper bound. Specifically, slide plate 31 (carriage) moves the saw unit pivotably relative to shoe 2 between minimum and maximum bevel angles (pin 32/44; Figs. 13-16), covering the first lower bound to the second upper bound.
Regarding claim 20, Fukuoka teaches everything noted above including that while adjusting the carriage relative to the shoe, the shaft is movable in the arcuate slot relative to the stop surface. Specifically, lever 16/shaft moves in arcuate guide slot 31 relative to stop pin 32 during bevel adjustment (Figs. 13-16).
Regarding claim 21, as best understood, Fukuoka teaches everything noted above including that the extended bevel knob (16, 14) is rotatable between the first position and the second position.
Conclusion
10. The prior art made of record and not relied upon is considered pertinent to
applicant’s disclosure.
Kuragano (8,286,358) teaches a bevel adjustment mechanism for a circular saw.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Boyer Ashley can be reached on (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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