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 .
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in Application No. 18810048, filed on 8/20/2024.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 8/20/2024 was filed on the filing date of the application on 8/20/2024. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement has been considered by the examiner.
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 11-12 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 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 1-9 and 11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tamura (US 20120073144 A1).
Regarding claim 1, Tamura teaches a working machine comprising:
a first working machine part (assembly of 4, 6 and 2) including a working mechanism (4) configured to be driven by a prime mover (2);
a second working machine part (assembly of 5, 3 and 9) including a handle (9) configured to be grasped by a user (See Figure 1); and
a vibration damping member (20) positioned between the first working machine part and the second working machine part (see Figure 3 and 7),
wherein one of the first working machine part and the second working machine part comprises a first mount element (28, see Figure 3),
the other of the first working machine part and the second working machine part comprises a second mount element (29 and 22, see Figure 3), and
the vibration damping member comprises:
a first mount portion (left end of 20 in Figure 7) configured to be attached to the first mount element;
a second mount portion (right end of 21 in Figure 7) offset in a first direction from the first mount portion and configured to be attached to the second mount element (see Figure 7);
a first connection portion (coil portion of 21, see Figure 7) connecting the first mount portion to the second mount portion (see Figure 7),
a first recessed groove (groove space between the coiled portion of the spring) defined in a portion of an outer surface of the vibration damping member that corresponds to an outer surface of the first connection portion, wherein the first recessed groove is recessed in a direction (up and down direction in Figure 7) orthogonal to the first direction (see Figure 7).
Regarding claim 2, Tamura teaches a hollow space is defined inside the first connection portion (hollow space for 29 in the coiled spring, see Figure 7).
Regarding claim 3, Tamura teaches the first mount element comprises a first mount projection projecting in the first direction (28 projection, see Figure 7), 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 (hole in coiled spring), wherein the first mount hole is configured to receive the first mount projection (see Figure 7).
Regarding claim 4, Tamura teaches a hollow space is defined inside the first connection portion, and the first mount hole is connected to the hollow space (hollow space for 29 in the coiled spring, see Figure 7).
Regarding claim 5, Tamura teaches the second mount element comprises a mount frame projecting in a second direction orthogonal to the first direction (projection of 22 protruding into the space between the coil spring, see Figure 7), and 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 coil in the coil spring 21), wherein the mount recess is configured to receive the mount frame (see Figure 7).
Regarding claim 6, Tamura teaches 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 (projection on 22 pointed to 28 , see Figure 7), 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 (hole in the exit hole of 21), wherein the second mount hole is configured to receive the second mount projection (see Figure 7).
Regarding claim 7, Tamura teaches a hollow space is defined inside the first connection portion, and the second mount hole is connected to the hollow space (See Figure 7).
Regarding claim 8, Tamura teaches 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 (portion of 22 on the second mount element), 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 (end hole of 21); a second connection portion connecting the second mount portion to the third mount portion (connection 22, see Figure 7); 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 (space between the coil in coil spring, see Figure 7), wherein the second recessed groove is recessed in the direction orthogonal to the first direction (space between the coil in coil spring, see Figure 7).
Regarding claim 9, 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 1).
Regarding claim 11, Tamura teaches a vibration damping member (21) positioned between a first working machine part (assembly of 4, 6 and 2) and a second working machine part of a working machine (assembly of 5, 3 and 9),
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 (see Figure 2),
one of the first working machine part and the second working machine part (see Figure 2) comprises a first mount element (28),
the other of the first working machine part and the second working machine part comprises a second mount element (22 and 29), and
the vibration damping member comprises: a first mount portion configured to be attached to the first mount element (see Figure 7);
a second mount portion offset in a first direction from the first mount portion and configured to be attached to the second mount element (left to right direction in Figure 7); a first connection portion connecting the first mount portion to the second mount portion (see Figure 7); 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 7), wherein the first recessed groove is recessed in a direction orthogonal to the first direction (space in groove, see Figure 7).
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 1-4, 9 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Konstantinidou (US 20170303473 A1) in view of Le Derf (US 5897093)
Regarding claim 1, Konstantinidou teaches a working machine comprising:
a first working machine part (assembly of 31, 3 and 2) including a working mechanism (3) configured to be driven by a prime mover (2);
a second working machine part (assembly of 32 and 6) including a handle (6) configured to be grasped by a user (See Figure 1); and
a vibration damping member (33) positioned between the first working machine part and the second working machine part (see Figure 3),
wherein one of the first working machine part and the second working machine part comprises a first mount element (see Figure 3),
the other of the first working machine part and the second working machine part comprises a second mount element (see Figure 3), and
the vibration damping member comprises:
a first mount portion (left end of 33 on the top right) configured to be attached to the first mount element;
a second mount portion (right end of 33 on the top right) offset in a first direction from the first mount portion and configured to be attached to the second mount element (see Figure 3);
a first connection portion (coil portion of 33, see Figure 3) connecting the first mount portion to the second mount portion (see Figure 3).
Konstantinidou fails to teach 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, wherein the first recessed groove is recessed in a direction orthogonal to the first direction.
Le Derf teaches an anti-vibration device including a first connection portion (53, 54, 55 and 56, see Figure 4) connecting a first mount portion (51) to a second mount portion (52), a first recessed groove (groove between 51 and 52) 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 4), wherein the first recessed groove is recessed in a direction orthogonal to the first direction (direction of the holes in 51 and 52, see Figure 4).
It would have been obvious to one of ordinary skill in art to modify the device of Konstantinidou to change the anti-vibration device, as taught by Le Derf, in order to better absorb vibration in the system (abstract of Le Derf).
Regarding claim 2, modified Konstantinidou further teaches a hollow space is defined inside the first connection portion (as modified by Le Derf, space between the 51 and 52, see Figure 4 of Le Derf).
Regarding claim 3, modified Konstantinidou further teaches the first mount element comprises a first mount projection projecting in the first direction, 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 (as modified by Le Derf, projection into the hole on 59, , see Figure 4 of Le Derf)
Regarding claim 4, modified Konstantinidou further teaches a hollow space is defined inside the first connection portion, and the first mount hole is connected to the hollow space (as modified by Le Derf, see Figure 4 of Le Derf).
Regarding claim 9, modified Konstantinidou further 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 1 of Konstantinidou).
Regarding claim 11, modified Konstantinidou further teaches a vibration damping member positioned between a first working machine part and a second working machine part of a working machine, 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 (see Figure 1),
one of the first working machine part and the second working machine part comprises a first mount element (mounting portion for 33),
the other of the first working machine part and the second working machine part comprises a second mount element (mounting portion for 33), and
the vibration damping member comprises: a first mount portion configured to be attached to the first mount element (left and of 33); a second mount portion offset in a first direction from the first mount portion and configured to be attached to the second mount element (right end of 33);
a first connection portion connecting the first mount portion to the second mount portion (see Figure 3).
Konstantinidou fails to teach 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, wherein the first recessed groove is recessed in a direction orthogonal to the first direction.
Le Derf teaches an anti-vibration device including a first connection portion (53, 54, 55 and 56, see Figure 4) connecting a first mount portion (51) to a second mount portion (52), a first recessed groove (groove between 51 and 52) 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 4), wherein the first recessed groove is recessed in a direction orthogonal to the first direction (direction of the holes in 51 and 52, see Figure 4).
It would have been obvious to one of ordinary skill in art to modify the device of Konstantinidou to change the anti-vibration device, as taught by Le Derf, in order better to absorb vibration in the system (abstract of Le Derf).
Allowable Subject Matter
Claim 10 is 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.
Claim 12 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Regarding claim 10, Tamura teaches elements of the device discussed in claims 2-9.
Tamura fails to teach all three mounting projections, wherein each of the three mounting projections come from a different direction, then inserted into the vibration damping member from the three different directions.
Furthermore, no additional prior art could be found to teach the claimed limitations either alone nor in combination to further modify the device of Tamura, Konstantinidou and Le Derf. Thus claim 10 is allowable. And claim 12 would be allowable for the same reason as claim 10.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LIANG DONG whose telephone number is (571)270-0479. The examiner can normally be reached Monday - Thursday 8 AM-6 PM.
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/LIANG DONG/Examiner, Art Unit 3724 4/29/2026
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