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 .
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, 6-9, and 13-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by USPGPUB 20050188550, Uehlein-Proctor.
Regarding Claim 1, Uehlein-Proctor, discloses a band saw (“band saw” 10) comprising:
a housing (“frame” 14) defining a longitudinal axis extending therethrough in a horizontal direction (see annotated fig 9 below);
a motor 18 supported by the housing (fig, 1);
a battery pack 46 removably coupled to a central portion of the housing (See par 0060/fig 3);
a drive wheel assembly (combination of drive wheel 40 and drive mechanism 22) positioned within a deck portion of the housing (fig 2) and rotationally driven by the motor (par 0059), the drive wheel assembly including a drive wheel 40 and a driven wheel 42;
an opening defined within the deck portion of the housing and located between the drive wheel and the driven wheel (opening where saw blade 26 extends between the drive and driven wheel), and below the central portion of the housing;
an endless saw blade 26 driven by the drive wheel assembly and configured to pass through the opening to cut a workpiece during a cutting operation (par 0059); and
a rear handle (combination of portion 54 and main handle 30) having a curvilinear shape with a first handle end coupled to the central portion of the housing and a second handle end adjacent the deck portion of the housing (see annotated fig 4 below), wherein the rear handle defines a curved path extending between a first end point at the first handle end and a second end point at the second handle end (see annotated fig 1 below), wherein a first tangent line tangent to the curved path at the first end point extends parallel to the longitudinal axis, and wherein a second tangent line tangent to the curved path at the second end point extends perpendicular to the longitudinal axis (see annotated fig 1 below).
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Regarding Claim 6, in Uehlein-Proctor, a first plane intersects with the first end point and a second plane intersects with the second end point, the first plane and the second plane are parallel to each other and extend perpendicular to the longitudinal axis, and wherein the motor is located between the first plane and the second plane.
Regarding Claim 7, in Uehlein-Proctor, said device first further comprises a front handle (38) coupled to the housing opposite the rear handle (fig 9).
Regarding Claim 8, in Uehlein-Proctor the battery pack is disposed between the rear handle and the front handle (fig 9).
Regarding Claim 9, Uehlein-Proctor, discloses a band saw (“band saw” 10) comprising:
a housing (“frame” 14) defining a longitudinal axis extending therethrough in a horizontal direction (see annotated fig 9 below);
a motor 18 supported by the housing (fig 3);
a battery pack 46 removably coupled to a central portion of the housing (par 0060);
a drive wheel assembly (combination of drive wheel 40 and drive mechanism 22) positioned within a deck portion of the housing (fig 3) and rotationally driven by the motor (par 0059), the drive wheel assembly including a drive wheel 40 and a driven wheel 42;
an opening defined within the deck portion of the housing and located between the drive wheel and the driven wheel (opening where saw blade 26 extends between the drive and driven wheel);
an endless saw blade 26 driven by the drive wheel assembly and configured to pass through the opening to cut a workpiece during a cutting operation (fig 9, par 0059); a front handle coupled to the central portion of the housing (38);
and a rear handle (54 and 30) having a curvilinear shape (curved outer shape pf parts 30 and 54) with a first handle end coupled to the central portion of the housing (see annotated fig 4 below) and a second handle end adjacent the deck portion of the housing (see annotated fig 4 below), the rear handle defines a curved path extending between a first end point at the first handle end and a second end point at the second handle end (see annotated fig 4 below), wherein a first plane intersects the first end point and a second plane intersects the second end point, wherein the first plane and the second plane are parallel to each other and extend perpendicular to the longitudinal axis, wherein the motor is located (partially) between the first plane and the second plane (see annotated fig 4 below), and wherein the battery pack is located between the front handle and the first plane (see annotated fig 4 below).
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Regarding Claim 13, in Uehlein-Proctor, a center of gravity of the band saw is located between the rear handle and the front handle (para 0066).
Regarding Claim 14, in Uehlein-Proctor, the center of gravity of the band saw is located adjacent the opening. (par 0066).
Regarding Claim 15, in Uehlein-Proctor, a first tangent line is tangent to the curved path at the first end point and a second tangent line is tangent to the curved path at the second end point. (see annotated fig’s. 4 and 1 below).
Regarding Claim 16, in Uehlein-Proctor, the first tangent line extends parallel to the longitudinal axis (see annotated fig. 4 and 1 below).
Regarding Claim 17, in Uehlein-Proctor, the second tangent line extends perpendicular to the longitudinal axis (see annotated fig’s 4 and 1 below).
Regarding Claim 18, in Uehlein-Proctor, the opening is located below the central portion of the housing (see annotated fig’s. 4 and 1 below).
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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 of this title, 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 2-3, 5, and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Uehlein-Proctor as applied to claims 1 and 9 above, and further in view of USPGPUB 5570512, Hoppner.
Regarding Claims 2-3, Uehlein-Proctor lacks the apparatus having the curved path define a first radius and a second radius, wherein the first radius is defined between the first end point and a center point of the curved path, and wherein the second radius is defined between the second end point and the center point of the curved path (Claim 2), and wherein the first radius is different than the second radius (Claim 3).
Hoppner discloses a handheld motorized cutting tool with an ergonomic handle, in the same field of endeavor as the handheld motorized cutter with an ergonomic handle tool of the present invention and discloses that such a system includes a longitudinally extending handle 14 which includes a curved path defining a first radius and a second radius, wherein the first radius is defined between a first end point 16 and a center point of the curved path 19 (col 4, lines 60-67 and Col. 5 lines 1-4; see fig. 2), and wherein the second radius is defined between the second end point 18 and the center point 19 of the curved path (col 4, lines 60-67 and Col. 5 lines 1-4; see fig. 2) (Claim 2), and , wherein the first radius is different than the second radius (col 4, lines 60-67 and Col. 5 lines 1-4; see fig. 2) (Claim 3), in order to provide a grip arrangement for a motor chain saw with which the motor chain saw can be guided in any desired working position over an extended period of time without causing fatigue (col. 1, 50-60).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Uehlein-Proctor by having the curved path define a first radius and a second radius, wherein the first radius is defined between the first end point and a center point of the curved path, and wherein the second radius is defined between the second end point and the center point of the curved path (Claim 2), and wherein the first radius is different than the second radius (Claim 3) in order to provide a grip arrangement for a motor chain saw with which the motor chain saw can be guided in any desired working position over an extended period of time without causing fatigue as taught by Hoppner.
Regarding Claim 5, as noted above, Hoppner discloses that the radius of the first and second sections may be different. As such, one of ordinary skill in the art modifying Uehlein-Proctor to include the handle thereof to have the shape disclosed by Hoppner would equally be motivated in view of the teachings of Hoppner to have the curved sections have the same radius.
Regarding Claims 19-20, Uehlein-Proctor lacks the apparatus having the curved path define a first radius and a second radius, wherein the first radius is defined between the first end point and a center point of the curved path, and wherein the second radius is defined between the second end point and the center point of the curved path (Claim 19), and wherein the first radius is different than the second radius (Claim 20).
Hoppner discloses a handheld motorized cutting tool with an ergonomic handle, in the same field of endeavor as the handheld motorized cutter with an ergonomic handle tool of the present invention and discloses that such a system includes a longitudinally extending handle 14 which includes a curved path defining a first radius and a second radius, wherein the first radius is defined between a first end point 16 and a center point of the curved path 19 (col 4, lines 60-67 and Col. 5 lines 1-4; see fig. 2), and wherein the second radius is defined between the second end point 18 and the center point 19 of the curved path (col 4, lines 60-67 and Col. 5 lines 1-4; see fig. 2) (Claim 19), and , wherein the first radius is different than the second radius (col 4, lines 60-67 and Col. 5 lines 1-4; see fig. 2) (Claim 20), in order to provide a grip arrangement for a motor chain saw with which the motor chain saw can be guided in any desired working position over an extended period of time without causing fatigue (col. 1, 50-60).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Uehlein-Proctor by having the curved path define a first radius and a second radius, wherein the first radius is defined between the first end point and a center point of the curved path, and wherein the second radius is defined between the second end point and the center point of the curved path (Claim 19), and wherein the first radius is different than the second radius (Claim 20) in order to provide a grip arrangement for a motor chain saw with which the motor chain saw can be guided in any desired working position over an extended period of time without causing fatigue as taught by Hoppner.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Uehlein-Proctor and Hoppner as applied to claim 3 above, and further in view of USPN 5425176A, Brainard.
Regarding Claim 4, the Uehlein-Proctor device modified above lacks wherein the first radius is less than the second radius.
Brainard discloses a handheld cutting tool with an ergonomic handle in the same field of endeavor as the handheld cutter with an ergonomic handle tool of the present invention and discloses that such a system includes a curved handle 11 which handle comprises a forward curved path defining a first radiused curvature 16 along the path and a rear second radiused curved path (14 and 17) along the curved path wherein the first radius is smaller than the second radius (col 2, 50-60) in order to allow left or right handed users alternately to use the tool in a favored manner (col 3, 40-60).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Uehlein-Proctor by having the curved path define a first radius and a second radius, wherein the first radius is less than the second radius in order to allow left or right handed users alternately to use the tool in a favored manner as taught by Brainard.
Claims 10 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Uehlein-Proctor as applied to claim 9 above, and further in view of USPGPUB 20160176064, Okouchi.
Regarding Claims 10 and 12, in Uehlein-Proctor, the battery pack is coupled to the central portion along a battery insertion axis (fig 9).
Uehlein-Proctor lacks the battery being oriented at an insertion angle that is obliquely oriented relative to the longitudinal axis, and wherein the insertion angle ranges between 1 degree and 60 degrees (Claim 10), and wherein the insertion angle is 45 degrees (Claim 12).
Okouchi discloses a handheld motorized cutting tool in the same field of endeavor as the handheld motorized cutting tool of the present invention and discloses that such a system includes a battery being B1/B2 oriented at an insertion angle that is obliquely oriented relative to longitudinal axis of a rear handle 20 (par 0015 and fig 1), and wherein the insertion angle ranges between 1 degree and 60 degrees (Claim 10), and wherein the insertion angle is 45 degrees (par 0015 and fig 1) (Claim 12), in order to allow a user to easily attach and detach the handle to the device, par 0015.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Uehlein-Proctor by having the battery being oriented at an insertion angle that is obliquely oriented relative to the longitudinal axis, and wherein the insertion angle ranges between 1 degree and 60 degrees (Claim 10), and wherein the insertion angle is 45 degrees (Claim 12) in order to allow a user to easily attach and detach the handle to the device, as taught by Okouchi.
Claims 11 is rejected under 35 U.S.C. 103 as being unpatentable over Uehlein-Proctor and Okouchi as applied to claim 10 above, and further in view of USPN 6401346, Roberts and USPN 8607891, Heilig.
Regarding Claim 11, while the combination of Uehlein-Proctor and Okouchi discloses the battery pack being angled relative to the axis of the handle, such combination lacks the insertion angle being 30 degrees. Indeed, Okouchi discloses the angle being at least 45 degrees. (although Okouchi teaches a particular angle range, Okouchi does not teach away from other angles). Roberts discloses a motorized cutting tool in the same field of endeavor as the handheld motorized cutting tool of the present invention and discloses that such a system includes a battery compartment 61 (and battery contained therein) being slightly angled away from a handle long axis for added balance and stability (col 4, 15-20). Thus, Roberts discloses that the exact angle of the battery pack is a result effective variable. Also, Heilig discloses a battery powered motorized cutting tool in the same field of endeavor as the battery powered handheld motorized cutting tool of the present invention and discloses that such a system includes a battery unit 38 detachably mounted on a body 18 of the apparatus which enables the battery to be mounted at an angle relative to the long axis of the device body, and discloses that such an angle can vary from between 10 and 35 degrees relative to the longitudinal axis of the device (col 2, 30-55). Because Roberts teaches the desirability of providing a particular angle of a battery relative to a handle and longitudinal axis of a handheld motor powered cutting device, and because Heilig suggests that an angle of a battery relative to a longitudinal axis of the device is known to be oblique and between 10-35 degrees, it would have been an obvious matter of design choice to one of ordinary skill in the art to experiment with the angle of the battery relative to the long axis of the device and handle thereof, and because discovering an optimum angle of a battery relative to a device body would have been a mere design consideration based on achieving an optimal result, such a modification would have involved only routine skill in the art to accommodate the aforementioned requirement(s). It has been held that discovering an optimum value of a result effective variable, here an angle between a battery and a body and handle of the device, involves only routine skill in the art. Therefore, it would have been obvious to one of ordinary skill in the art to select the insertion angle of the battery being 30 degrees relative to the long axis of said body/handle.
Response to Arguments
Applicant’s arguments, see Remarks, filed 3-3-2026, with respect to the rejection(s) of the claims under 35 USC 102 and 103, in the manner in which the Uehlein-Proctor reference was previously interpreted have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Uehlein-Proctor, as now interpreted and annotated above. The handle of Uehlein-Proctor connects to the body thereof at different points. Thus, the end points of the handle can be interpreted in the manner shown above. Due to the new clarifying nature of the above interpretations/annotations, this Action is made non-final.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. USPNs/USPGPUBs 20040148786 20250276392 and 20090265943 each disclose bandsaws with curved handles and thus disclose elements of the invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FERNANDO A AYALA whose telephone number is (571)270-5336. The examiner can normally be reached Monday-Friday 9am-5pm Eastern standard.
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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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/FERNANDO A AYALA/Examiner, Art Unit 3724
/BOYER D ASHLEY/Supervisory Patent Examiner, Art Unit 3724
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