Prosecution Insights
Last updated: October 26, 2026
Application No. 18/810,048

WORKING MACHINE AND VIBRATION DAMPING MEMBER

Final Rejection §102§103§112
Filed
Aug 20, 2024
Priority
Aug 25, 2023 — JP 2023-137496
Examiner
DONG, LIANG
Art Unit
3724
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
MAKITA Corporation
OA Round
2 (Final)
53%
Grant Probability
Moderate
3-4
OA Rounds
9m
Est. Remaining
86%
With Interview

Examiner Intelligence

Grants 53% of resolved cases
53%
Career Allowance Rate
269 granted / 506 resolved
-16.8% vs TC avg
Strong +33% interview lift
Without
With
+32.7%
Interview Lift
resolved cases with interview
Typical timeline
2y 11m
Avg Prosecution
62 currently pending
Career history
587
Total Applications
across all art units

Statute-Specific Performance

§101
0.2%
-39.8% vs TC avg
§103
51.8%
+11.8% vs TC avg
§102
19.3%
-20.7% vs TC avg
§112
27.3%
-12.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 506 resolved cases

Office Action

§102 §103 §112
DETAILED ACTION Response to Amendment The Amendment filed 8/05/2026 has been entered. Claims 1-4, 6-11 and 13 remain pending in the application. Claims 5 and 12 were cancelled. 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 11 and 13 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 claim 11, the some of the body required “a first mount portion configured to be attached to a first mount element” while other part of the body claims “the vibration damping member is positioned between the first working machine part and the second working machine part”. It is unclear if applicant is claiming “a vibration damping member” alone (i.e. just the block of 90abc) or “a vibration damping member” with the mounts on the cutting device. Regarding claim 13, the preamble required “a vibration damping member positioned between a first working machine part and a second working machine part of a working machine” while the body claims “wherein the first working machine part includes a working mechanism configured to be driven by a prime mover, the second working machine part includes a handle configured to be grasped by a user, one of the first working machine part and the second working machine part comprises”. It is unclear if applicant is claiming “a vibration damping member” alone (i.e. just the block of 90abc) or “a vibration damping member” with the mounts on the cutting device. 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. Claims 1-4, 6-8 and 13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zimmermann (US 6375171 B1). Regarding claim 1, Zimmerman teaches a working machine comprising: a first working machine part including a working mechanism configured to be driven by a prime mover (4, see Figure 1); a second working machine part including a handle configured to be grasped by a user (3, see Figure 1); and a vibration damping member (5) positioned between the first working machine part and the second working machine part, wherein one of the first working machine part and the second working machine part comprises a first mount element (70, see Figure 19), the other of the first working machine part and the second working machine part comprises a second mount element (73’, see Figure 19), and the vibration damping member comprises: a first mount portion configured to be attached to the first mount element (one circular opening of 5, see Figure 19); a second mount portion offset in a first direction from the first mount portion and configured to be attached to the second mount element (recess between the coil, see Figure 19); a first connection portion connecting the first mount portion to the second mount portion (portion of the coil spring); and a first recessed groove defined in a portion of an outer surface of the vibration damping member that corresponds to an outer surface of the first connection portion (groove at the side of the coil spring), wherein the first recessed groove is recessed in a direction orthogonal to the first direction (see Figure 19), the second mount element comprises a mount frame (rod of 73’, see Figure 19) projecting in a second direction orthogonal to the first direction (see Figure 19), the second mount portion comprises a mount recess defined in the outer surface of the vibration damping member and recessed in the second direction (recess between the coils for the attachment of 73’, see Figure 19), wherein the mount recess is configured to receive the mount frame, and the mount frame is inserted into the mount recess along the second direction through an opening in an outer end surface of the second mount portion from outside of the vibration damping member (receive 73’, see Figure 19). Regarding claim 2, Zimmerman teaches a hollow space is defined inside the first connection portion (space in the spring). Regarding claim 3, Zimmerman teaches the first mount element comprises a first mount projection (71) projecting in the first direction (see Figure 19), and the first mount portion comprises a first mount hole defined in the outer surface of the vibration damping member and recessed in the first direction, wherein the first mount hole is configured to receive the first mount projection (end opening of 5, see Figure 19). Regarding claim 4, Zimmerman teaches a hollow space is defined inside the first connection portion, and the first mount hole is connected to the hollow space (hollow space in the spring, see Figure 19). Regarding claim 6, Zimmerman teaches the second mount element further comprises a second mount projection (7, see Figure 2) projecting from an outer surface of the mount frame in a third direction opposite to the first direction (see Figure 2), and the second mount portion further comprises a second mount hole defined in a wall surface of the mount recess and recessed in the third direction (see Figure 2), wherein the second mount hole is configured to receive the second mount projection (see Figure 2). Regarding claim 7, Zimmerman teaches a hollow space is defined inside the first connection portion, and the second mount hole is connected to the hollow space (see Figure 2). Regarding claim 8, Zimmerman teaches a working machine comprising: a first working machine part including a working mechanism configured to be driven by a prime mover (4, see Figure 1); a second working machine part including a handle configured to be grasped by a user (3, see Figure 1); and a vibration damping member (5) positioned between the first working machine part and the second working machine part, wherein one of the first working machine part and the second working machine part comprises a first mount element (71, see Figure 19), the other of the first working machine part and the second working machine part comprises a second mount element (73’, see Figure 19), the vibration damping member comprises: a first mount portion (one opening of 5, see Figure 19) configured to be attached to the first mount element (see Figure 19); a second mount portion offset in a first direction from the first mount portion and configured to be attached to the second mount element (space on the side of the coil spring); a first connection portion connecting the first mount portion to the second mount portion (coil portion of the spring); and a first recessed groove defined in a portion of an outer surface of the vibration damping member that corresponds to an outer surface of the first connection portion (recess on side of the side of coil spring), wherein the first recessed groove is recessed in a direction orthogonal to the first direction (see Figure 19), the one of the first working machine part and the second working machine part further comprises a third mount element different from the first mount element (other opening of 5), and the vibration damping member further comprises: a third mount portion offset in the first direction from the second mount portion and configured to be attached to the third mount element (attach to 7, see Figure 2); a second connection portion connecting the second mount portion to the third mount portion (other coil portion); and a second recessed groove defined in a portion of the outer surface of the vibration damping member that corresponds to an outer surface of the second connection portion (other space between the coil, see Figure 19), wherein the second recessed groove is recessed in the direction orthogonal to the first direction (see Figure 19). Regarding claim 13, Zimmerman teaches a vibration damping member positioned between a first working machine part and a second working machine part of a working machine (see Figure 19), wherein the first working machine part includes a working mechanism configured to be driven by a prime mover (3, see Figure 1), the second working machine part includes a handle configured to be grasped by a user (4, see Figure 1), one of the first working machine part and the second working machine part comprises a first mount element (see Figure 2), the other of the first working machine part and the second working machine part comprises a second mount element (see Figure 2), the vibration damping member comprises: a first mount portion (opening int he spring, see figure 19) configured to be attached to the first mount element (see Figure 19); a second mount portion offset in a first direction from the first mount portion and configured to be attached to the second mount element (recess on the side of the coil spring, see Figure 19); a first connection portion connecting the first mount portion to the second mount portion; and a first recessed groove defined in a portion of an outer surface of the vibration damping member that corresponds to an outer surface of the first connection portion (see Figure 19), wherein the first recessed groove is recessed in a direction orthogonal to the first direction (see Figure 19), the one of the first working machine part and the second working machine part further comprises a third mount element different from the first mount element (see Figure 19), and the vibration damping member further comprises: a third mount portion (other opening of coil spring) offset in the first direction from the second mount portion and configured to be attached to the third mount element (see Figure 19); a second connection portion connecting the second mount portion to the third mount portion (see Figure 2); and a second recessed groove defined in a portion of the outer surface of the vibration damping member that corresponds to an outer surface of the second connection portion (see Figure 19), wherein the second recessed groove is recessed in the direction orthogonal to the first direction (see Figure 19). 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 9-11 are rejected under 35 U.S.C. 103 as being unpatentable over Zimmermann (US 6375171 B1) in view of Tamura (US 20120073144 A1). Regarding claim 9, Zimmerman teaches all elements of the current invention as set forth in claim 1 above. Zimmermann fails to teach the working mechanism comprises a pair of blades configured to reciprocate relative to each other by being driven by the prime mover, and the vibration damping member is arranged such that the first direction is orthogonal to a direction in which the pair of blades reciprocates. Tamura teaches the working mechanism comprises a pair of blades configured to reciprocate relative to each other by being driven by the prime mover, and the vibration damping member is arranged such that the first direction is orthogonal to a direction in which the pair of blades reciprocates (see Figure 2). It would have been obvious to one of ordinary skill in the art to modify the device Zimmermann to add the blades arrangement, as taught by Tamura, in order to provide a working tool for the device (abstract of Tamura). Regarding claim 10, Zimmerman further teaches the first mount element comprises a first mount projection projecting in the first direction (71, see Figure 19), the first mount portion comprises a first mount hole defined in the outer surface of the vibration damping member and recessed in the first direction (see Figure 19), wherein the first mount hole is configured to receive the first mount projection, the first mount hole is connected to the hollow space (see Figure 19), the second mount element further comprises a second mount projection projecting from an outer surface of the mount frame in a third direction opposite to the first direction (see Figure 2), the second mount portion further comprises a second mount hole defined in a wall surface of the mount recess and recessed in the third direction (see Figures 2 and 19), wherein the second mount hole is configured to receive the second mount projection (see Figure 19), the second mount hole is connected to the hollow space, the one of the first working machine part and the second working machine part further comprises a third mount element different from the first mount element (see Figure 19), the vibration damping member further comprises: a third mount portion (the other coils spring opening) offset in the first direction from the second mount portion and configured to be attached to the third mount element (see Figure 19); a second connection portion connecting the second mount portion to the third mount portion (see Figure 19); and a second recessed groove defined in a portion of the outer surface of the vibration damping member that corresponds to an outer surface of the second connection portion, wherein the second recessed groove is recessed in the direction orthogonal to the first direction (see Figure 19), Zimmermann fails to teach the working mechanism comprises a pair of blades configured to reciprocate relative to each other by being driven by the prime mover, and the vibration damping member is arranged such that the first direction is orthogonal to a direction in which the pair of blades reciprocates. Tamura teaches the working mechanism comprises a pair of blades configured to reciprocate relative to each other by being driven by the prime mover, and the vibration damping member is arranged such that the first direction is orthogonal to a direction in which the pair of blades reciprocates (see Figure 2). It would have been obvious to one of ordinary skill in the art to modify the device Zimmermann to add the blades arrangement, as taught by Tamura, in order to provide a working tool for the device (abstract of Tamura). Regarding claim 11, Zimmerman teaches a vibration damping member comprising: a first mount portion (opening of 5, see Figure 19) configured to be attached to the a first mount element (71, see Figure 19), wherein one of a first working machine part and a second working machine part of a working machine comprises the first mount element (see Figure 19); a second mount portion (side recess of the coil, see Figure 19) offset in a first direction from the first mount portion and configured to be attached to the second mount element (see Figure 19), wherein the other of the first working machine part and the second working machine part of the working machine comprises the second mount element (see Figure 19), wherein the vibration damping member is positioned between the first working machine part and the second working machine part (see Figure 19), and the first working machine part includes a working mechanism configured to be driven by a prime mover and the second working machine part includes a handle configured to be grasped by a user (see Figure 2); a first connection portion connecting the first mount portion to the second mount portion (connection coil, see Figure 19); and a first recessed groove defined in a portion of an outer surface of the vibration damping member that corresponds to an outer surface of the first connection portion (groove on the side of the coil spring, see Figure 19), wherein the first recessed groove is recessed in a direction orthogonal to the first direction (see Figure 19), a hollow space is defined inside the first connection portion, the first mount element comprises a first mount projection projecting in the first direction, the first mount portion comprises a first mount hole defined in the outer surface of the vibration damping member and recessed in the first direction (see Figure 19), wherein the first mount hole is configured to receive the first mount projection, the first mount hole is connected to the hollow space (see Figure 19), the second mount portion comprises a mount recess (other recess of the coil spring) defined in the outer surface of the vibration damping member and recessed in a second direction orthogonal to the first direction (see Figure 19), wherein the mount recess is configured to receive a mount frame that projects in the second direction from the second mount element, the second mount element further comprises a second mount projection projecting from an outer surface of the mount frame in a third direction opposite to the first direction (7, see Figure 2), the second mount portion further comprises a second mount hole defined in a wall surface of the mount recess and recessed in the third direction, wherein the second mount hole is configured to receive the second mount projection (see Figure 19), the second mount hole is connected to the hollow space, the one of the first working machine part and the second working machine part further comprises a third mount element different from the first mount element (see Figure 19), the vibration damping member further comprises: a third mount portion offset in the first direction from the second mount portion and configured to be attached to the third mount element (see Figure 19); a second connection portion connecting the second mount portion to the third mount portion (see Figure 19); and a second recessed groove defined in a portion of the outer surface of the vibration damping member that corresponds to an outer surface of the second connection portion, wherein the second recessed groove is recessed in the direction orthogonal to the first direction (see Figure 19). Zimmermann fails to teach he working mechanism comprises a pair of blades configured to reciprocate relative to each other by being driven by the prime mover, and the vibration damping member is arranged such that the first direction is orthogonal to a direction in which the pair of blades reciprocates. Tamura teaches the working mechanism comprises a pair of blades configured to reciprocate relative to each other by being driven by the prime mover, and the vibration damping member is arranged such that the first direction is orthogonal to a direction in which the pair of blades reciprocates (see Figure 2). It would have been obvious to one of ordinary skill in the art to modify the device Zimmermann to add the blades arrangement, as taught by Tamura, in order to provide a working tool for the device (abstract of Tamura). Response to Arguments Applicant's arguments filed 8/05/2026 have been fully considered but they are not persuasive. Applicant’s arguments with respect to claim(s) 1-4, 6-11 and 13 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Conclusion Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to whose telephone number is . The examiner can normally be reached . Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, can be reached at . The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /LIANG DONG/Examiner, Art Unit 3724 10/09/2026
Read full office action

Prosecution Timeline

Aug 20, 2024
Application Filed
May 06, 2026
Non-Final Rejection mailed — §102, §103, §112
Jun 15, 2026
Interview Requested
Jul 08, 2026
Examiner Interview Summary
Jul 08, 2026
Applicant Interview (Telephonic)
Aug 05, 2026
Response Filed
Oct 14, 2026
Final Rejection mailed — §102, §103, §112 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
53%
Grant Probability
86%
With Interview (+32.7%)
2y 11m (~9m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 506 resolved cases by this examiner. Grant probability derived from career allowance rate.

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