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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the alternating sides of the main body in claim 2 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
The drawings are objected to because the reference “216” in figure 3C is pointing to a channel, however, the reference “216” in figure 3B is pointing to a cutter. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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.
Therefore, the phrase “A unique design is provided that may increase the strength and performance and extend the life of a saw blade, particularly when used to cut asphalt.” should be deleted and also, the language “may” in lines, 2, 3 should be deleted to avoid any confusing whether the blade includes a main body … or not.
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 1-16 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.
Claim 1, the last line “the cutters have a width that is greater than a width of the main body” that is unclear how a number of cutters have only one width. Verification is required.
For examination purposes, as best understood, Examiner is interpreting the “issues above” as below 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.
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.
Claims 1-4, 8-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Willer et al (US 2022/0032383) hereinafter Willer.
Regarding claim 1, Willer shows a saw blade (Figure 1A) comprising: a main body (200, 300) having a plurality of teeth (where the reference “300” is in figure 1B); and cutters (400) secured to the plurality of teeth, wherein each of the cutters have a width that is greater than a width of the main body (see Figure 6; the width of the cutter 400 is greater than a width of the body 200, 300).
Regarding claim 2, Willer shows that the cutters are configured to extend outwardly beyond alternating sides of the main body (see Figure 6 below).
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Regarding claims 3-4, Willer shows that at least some of the cutters include a cutter main body (410, Figures 5A, B), a cutter plate (420), and a single cutting element (Para. 35 recites “… one or more cutting elements 430” which means it can be one cutting element) or multiple cutting elements (see the discussion in Para. 35 “…more cutting elements 430” and Figures 5A, B).
Regarding claim 8, Willer shows that the main body includes cutouts (311, Figure 4) and inserts (400, Figures 5A, 5B) secured within the cutouts, each insert comprising an insert main body (410) and wear-prevention elements (420, Para. 36 “Plate 420, which may be formed of tungsten or another hard metal, primarily functions to shield cutter main body 410, including to prevent the width of cutter main body 410 from being worn away”) extending outwardly from both sides of the insert main body (Figure 6).
Regarding claims 9-10, Willer shows that the plurality of teeth include non-elongated teeth (305, Figure 4) and elongated teeth (310, Figure 4) and the cutouts extend into the elongated teeth (Figure 4), wherein the elongated teeth are positioned between sets of the non-elongated teeth (see Figure 4, the portion 310 between the portions 305).
Regarding claim 11, Willer shows that at least some of the teeth include a base (305, Figure 4), a projection (310a, Figure 4) positioned rearward of the base and a recess (311, Figure 40) positioned rearward of the projection, and wherein the recess of a leading tooth extends inwardly beyond the base of a trailing tooth (since this is a circular blade as seen in Figure 4, the recess 311 of the first tooth extends inwardly beyond the base of a middle tooth or an adjacent tooth).
Regarding claim 12, Willer shows that the main body includes cuts that extend radially inwardly from at least some of the recesses (see Figure 4 below).
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Regarding claim 13, Willer shows that at least some of the cutters include a channel (a recess formed two sides 412d and 411c, Figure 5A) formed in a rear of the cutter and the projections of the corresponding teeth insert into the channel (Figure 6).
Regarding claim 14, Willer shows that at least some of the teeth include a base (305, Figure 4), a projection (310) positioned rearward of the base and a shallow cleanout surface (305a, the middle tooth, Figure 4) positioned rearward of the projection (of the 1st tooth, Figure 4), and wherein the shallow cleanout surface of a leading tooth extends outwardly beyond the base of a trailing tooth (see the surface 305a beyond the cuts as seen in Figure 4 above).
Regarding claim 15, Willer shows that the main body includes cuts (Figure 4 above) that extend radially inwardly from at least some of the shallow cleanout surfaces (305a, Figure 4 above).
Regarding claim 16, Willer shows that at least some of the cutters include a cutter main body (410, Figure 5B), a cutter plate (420), and one or more cutting elements (see the discussion in claims 3-4 above), and wherein the cutter plate extends outwardly beyond one or more sides of the cutter main body (Figure 6 above).
Regarding claim 17, Willer shows that a saw blade (see the discussion in claim 1 above) comprising: a main body (200, 300) having a plurality of teeth (310, Figures 3-4); and cutters (400) secured to the plurality of teeth, each cutter having a cutter main body (410), a cutter plate (420) and one or more cutting elements (430), and wherein each cutter plate extends outwardly beyond one or both sides of the main body of the saw blade (as this is written, it is unclear what sides of the main body are, therefore, see the plate 420, Figures 5B and 6 that extends outwardly beyond from at least one side of the main body 305, figure 4).
Regarding claim 18, Willer shows that each cutter plate extends outwardly beyond one or both sides of the respective cutter main body (see the discussion in claim 17 above).
Regarding claim 19, Willer shows that at least some of the teeth include a base (305, Figure 4), a projection (310, Figure 4) positioned rearward of the base and a shallow cleanout surface (305a) positioned rearward of the projection, and wherein the shallow cleanout surface of a leading tooth extends radially outwardly beyond the base of a trailing tooth (see the discussion in claim 14 above).
Regarding claim 20, Willer shows that a saw blade (see the discussion in claims 1 and 17 above) comprising: a main body (200, 300) having a plurality of teeth (310, Figures 3-4); and cutters (400) secured to the plurality of teeth, wherein the cutters extend beyond one or both sides of the main body (see the cutters 400 extend beyond at least one side of the main body or teeth).
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.
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 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Willer in view of Clift (US 9487933).
Regarding claims 1-4, 8-20, these are alternative rejections if one argues that Willer’s cutters do NOT extend outwardly beyond alternating sides of the main body.
Clift shows a first embodiment of a saw blade (Figure 3C) including a blade body (10) and cutters (keyed pieces 20), wherein the cutters extend outwardly beyond alternating sides of the body (Col. 5, lines 44-48 “cutting elements 20 that have a diameter smaller than the blade core thickness … alternatingly angling the thinner elements 20 toward opposites sides of the blade 10” as seen in Figure 3C).
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 blade of Willer to have each cutter smaller (thickness) than the blade core thickness (body), as taught by Clift, since this is known alternative way for the same purpose of cutting a wide range of a trench and allow to save material cost of cutter materials.
Regarding claims 5-7, Willer shows all of the limitations as stated above including at least some of the cutters include a cutter main body, a cutter plate, and a single cutting element or multiple cutting elements (as discussed in claims 3-4 above), however, Willer fails to show that the cutters are centered on the teeth outwardly beyond both sides of the main body.
Clift shows a second embodiment of a saw blade including a blade body (10) and cutters (show one keyed piece 50, Figures 7B-7E), wherein the cutters are centered on the teeth outwardly beyond both sides of the main body (Figure 7E).
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 cutters of Willer to be centered on the teeth outwardly beyond both sides of the main body, as taught by Clift, since this is known alternative way for the same purpose of cutting a wide range of a trench.
Conclusion
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/NHAT CHIEU Q DO/Primary Examiner, Art Unit 3724 1/19/2026