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 .
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 upper surface, space, and one-side end portion must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
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.
Claim Objections
Claims 3-4, 7, 12-13, and 15 objected to because of the following informalities:
Claim 3, lines 1-4 reads “configured to be able to discharge the dust on the upper surface to outside in left-right direction of the upper surface through the notch portion and/or to the behind of the upper surface and the contact surface through the notch portion” should read “configured to discharge dust on the upper surface outside in a left-right direction of the upper surface through the notch portion and/or behind the upper surface and the contact surface through the notch portion”.
Claim 4, line 4 reads “a turntable coupled rotatable to the base body with up-down direction as axis direction” should read “a turntable rotatably coupled to the base body rotatable about an axis direction parallel to the up-down direction”.
Claim 7, lines 5-7 reads “a fence extending upward and in first direction on the upper surface of the base and having a contact surface that restricts movement of the material to be processed placed on the upper surface of the base to one side in second direction orthogonal to the first direction” should read “a fence extending upward and in a first direction on the upper surface of the base and having a contact surface that restricts movement of the material to be processed placed on the upper surface of the base to one side in a second direction orthogonal to the first direction”.
Claim 12, lines 1-3 reads “wherein the upper surface of the second relief groove portion, in up-down direction, is positioned flush with or above the upper surface of the first relief groove portion” should read “wherein an upper surface of the second relief groove portion, in the up-down direction, is positioned flush with or above the upper surface of the first relief groove portion”.
Claim 13, lines 5-6 reads “a turntable coupled rotatable to the base body with the up-down direction as axis direction” should read “a turntable rotatably coupled to the base body rotatable about an axis direction parallel to the up-down direction”.
Claim 15, lines 5-6 reads “a fence extending upward and in first direction from the upper surface of the base” should read “a fence extending upward and in a first direction from the upper surface of the base”.
Claim 15, line 8 reads “a turntable coupled rotatable to the base body with up-down direction as axis direction” should read “a turntable rotatably coupled to the base body rotatable about an axis direction parallel to the up-down direction”.
Appropriate correction is required.
Claim Rejections - 35 USC § 112(b)
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 1-6 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 1, the claims states “a base on which a material to be processed is placed on an upper surface”, “wherein the fence has a contact surface that is positioned above the upper surface” and “is positioned under the contact surface and above the upper surface” in lines 2, 6 and 8-9, respectively, of the claim. It is unclear as to what the upper surface is as no structure is identified, as this could refer to the upper surface of the work machine, the base or some other structure not yet identified. For instance in line 5 of the claim a “upper surface of the base” is claimed but is not indefinite as it refers to the base as a claimed structure. Here as both “upper surface” and “upper surface of the base” it appears to refer to the surface of a different structure than the base.
Regarding claims 2-6, these claims are rejected as indefinite due to their dependency on claim 1.
Regarding claim 2, the claim states “a discharge portion provided on the base and positioned on main body side from a contact range between the fence and the base” in lines 2-3 of the claim. It is unclear as to what the main body side and contact range are. This appears to be an attempt to claim the position of the discharge portion in relation to other structures however it is not known what structure the discharge portion is on the main body side of and it is not known what the “contact range” is as it is not a term common to the art. Given the common definition of contact as touching and range as the space or extent included or covered the phrase would mean the extent to which the fence and the base contact but it is unclear if this is the meaning the applicant intended.
Further, the claim states “wherein a space generated by the notch portion is positioned above the upper surface and behind the contact surface, and the space communicates with the discharge portion” in lines 5-6 of the claim. It is unclear how the notch portion generates a space. The common definition of generate is to bring into existence, to create by means of a defined process, or to be the cause of a situation or action. The notch portion as claimed does not provide such a function as it is only claimed as a portion of the fence with a notch. To expedite prosecution the Examiner has best understood the limitation as “a space is provided by the notch portion”.
Claim Rejections - 35 USC § 103
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 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 1-3, 6-12, and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Knittle (US 2021/0276110 A1) in view of Ponce (US 5,735,324 A).
Regarding claim 1, Knittle teaches a work machine (Knittle, Fig. 1-4, 100) comprising:
a base (Knittle Fig. 1, 110) on which a material to be processed is placed on an upper surface (see annotated image 1 of Fig. 1 (Knittle) below);
a main body (Knittle, Fig. 1, 130) that is movably connected to the base and drives a blade (Knittle, P. 0008) for cutting the material to be processed; and
a fence (Knittle, Fig. 1, 1124) extending upward from the upper surface of the base,
wherein the fence has a contact surface (see annotated image 1 of Fig. 1 (Knittle) below) that is positioned above the upper surface and restricts horizontal movement of the material to be processed placed on the upper surface of the base and a notch portion (Knittle, Fig. 1, 1120 and 1125) provided on the contact surface and on the upper surface of the base.
Knittle does not teach the notch portion wherein the notch portion is provided at a lower end of the fence and is positioned under the contact surface and above the upper surface.
Ponce teaches a fence (Ponce, Fig. 1-5, 20) for a work machine (Ponce, Col. 1, lines 11-14) featuring a notch portion (Ponce, Fig. 1, 29) provided at a lower end of the fence (see annotated image 1 of Fig. 1 (Ponce) below) and is positioned under the contact surface and above the upper surface of the base (see annotated image 1 of Fig. 1 (Ponce) below). Such notches allow for sawdust to pass through or be sweep into the space (Ponce, Col. 2 lines 40-43, and Col. 3 lines 20-24).
It would have been obvious to a person of ordinary skill in the art before the filing date of the instant invention to modify the position of the notch portion taught by Knittle such that the notch portion were positioned under the contact surface and above the upper surface of the base as taught by Ponce as do so allows for sawdust to pass or be swept into the notch.
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Regarding claim 2, Knittle in view of Ponce teaches the work machine according to claim 1, comprising a discharge portion (Knittle, Fig. 1, 1120) provided on the base (Knittle, Fig. 1, 110) and positioned on main body side from a contact range between the fence (Knittle, Fig. 1, 1124) and the base (Knittle, Fig. 1, 110), and moving dust on the upper surface downward from the upper surface (Knittle, P. 0030), wherein a space generated by the notch portion is positioned above the upper surface and behind the contact surface (Ponce, Fig. 1, 29), and the space communicates with the discharge portion (Knittle, Fig. 1, 1120, 1122, 1125, P. 0030), here Knittle teaches that discharge portion and notch portion communicating through tubing.
Regarding claim 3, Knittle in view of Ponce teaches the work machine according to claim 1, configured to be able to discharge the dust on the upper surface to outside in left-right direction of the upper surface through the notch portion and/or to the behind of the upper surface and the contact surface through the notch portion (Knittle, Fig. 1, 170, P. 0026 and 0030), Knittle teaches discharging dust through the notch portion to behind both the contact surface and the upper surface of the base though a vacuum hose.
Regarding claim 6, Knittle in view of Ponce teaches the work machine according to claim 1, wherein the fence (Knittle, Fig. 1, 1124) comprises: a main fence (see annotated image 1 of Fig. 1 (Knittle) above) that is fixed to the base so as not to be relatively movable to the base; and a sub-fence (see annotated image 1 of Fig. 1 (Knittle) above) connected to the main fence and relatively movable to the main fence (Knittle, P. 0027), wherein the notch portion (Ponce, Fig. 1, 29) is provided at a lower end of the main fence (see annotated image 1 of Fig. 1 (Ponce) above).
Regarding claim 7, Knittle teaches a work machine (Knittle, Fig. 1-4, 100) comprising:
a base (Knittle Fig. 1, 110) on which a material to be processed is placed on an upper surface (see annotated image 1 of Fig. 1 (Knittle) above);
a main body (Knittle, Fig. 1, 130) that is movably connected to the base and drives a blade (Knittle, P. 0008) for cutting the material to be processed;
a fence (Knittle, Fig. 1, 1124) extending upward and in first direction on the upper surface of the base and having a contact surface (see annotated image 1 of Fig. 1 (Knittle) above) that restricts movement of the material to be processed placed on the upper surface of the base to one side in second direction orthogonal to the first direction; and
a dust relief mechanism (Knittle, Fig. 1, 1120 and 1125) for moving dust on the upper surface from the upper surface (Knittle, P. 0030),
wherein the dust relief mechanism has a notch portion (Knittle, Fig. 1, 1120 and 1125) provided on the contact surface and on the upper surface of the base to move the dust to said one side in the second direction relative to the contact surface (Knittle, P. 0030), the notch portions of Knittle move sawdust in the second direction defined as the front-back direction by the applicant as taught in P. 0030 of Knittle
Knittle does not teach the notch portion wherein the notch portion is under the contact surface and in the fence.
Ponce teaches a fence (Ponce, Fig. 1-5, 20) for a work machine (Ponce, Col. 1, lines 11-14) featuring a notch portion (Ponce, Fig. 1, 29) in the fence and under the contact surface (see annotated image 1 of Fig. 1 (Ponce) above). Such notches allow for sawdust to pass through or be sweep into the space (Ponce, Col. 2 lines 40-43, and Col. 3 lines 20-24).
It would have been obvious to a person of ordinary skill in the art before the filing date of the instant invention to modify the position of the notch portion taught by Knittle such that the notch portion were positioned under the contact surface as taught by Ponce as do so allows for sawdust to pass or be swept into the notch.
Regarding claim 8, Knittle in view of Ponce teaches the work machine according to claim 7, wherein the notch portion (Ponce, Fig. 1, 29) is at least partially positioned on said one side in the second direction relative to the contact surface (see annotated image 1 of Fig. 1 (Ponce) above), the notch portion taught by Knittle in view of Ponce extends into the one side in the second direction, as best understood by the Examiner this being the rear side of the contact surface, as the notch portion taught by Knittle in view of Ponce extends pass the contact surface in the rear direction the notch portion is at least partially positioned on the said side.
Regarding claim 9, Knittle in view of Ponce teaches the work machine according to claim 8, wherein the notch portion (Ponce, Fig. 1, 29) has a first relief groove portion (see annotated image 1 of Fig. 1 (Ponce) above) formed under the contact surface (see annotated image 1 of Fig. 1 (Ponce) above), the first relief groove portion being in a groove shape and open to said one side and downward in the second direction, the first relief groove taught by Knittle in view of Ponce is open at least partially to the at least one side as best understood by the Examiner (see the prior art rejection of claim 8 above) and the first relief groove is also open downwardly.
Regarding claim 10, Knittle in view of Ponce teaches the work machine according to claim 9, wherein the notch portion (Ponce, Fig. 1, 29) has a second relief groove portion (see annotated image 1 of Fig. 1 (Ponce) above), the second relief groove portion being in the groove shape or a hole shape penetrating the fence along the second direction (see annotated image 1 of Fig. 1 (Ponce) above).
Regarding claim 11, Knittle in view of Ponce teaches the work machine according to claim 8, wherein the notch portion (Ponce, Fig. 1, 29) comprises: a first relief groove portion (see annotated image 1 of Fig. 1 (Ponce) above) being in a groove shape and formed under the contact surface and open to said one side and downward in the second direction (see annotated image 1 of Fig. 1 (Ponce) above); and a second relief groove portion (see annotated image 1 of Fig. 1 (Ponce) above) formed at a lower end portion of the fence and penetrating along the second direction (see annotated image 1 of Fig. 1 (Ponce) above), wherein one-side end portion in the second direction of the second relief groove portion communicates with the first relief groove portion, both the first and second relief groove portions taught by Knittle in view of Ponce are open toward a space (Ponce, Fig. 1, 26) between each other and would thus communicate with each other.
Regarding claim 12, Knittle in view of Ponce teaches the work machine according to claim 11, wherein the upper surface of the second relief groove portion (see annotated image 1 of Fig. 1 (Ponce) above), in up-down direction, is positioned flush with or above the upper surface of the first relief groove portion (see annotated image 1 of Fig. 1 (Ponce) above).
Regarding claim 14, Knittle in view of Ponce teaches the work machine according to claim 7, wherein the notch portion (Ponce, Fig. 1, 29) has a groove portion (Ponce, Fig. 1, 29) extending in the first direction, and the groove portion is open at least on said one side or other in the first direction (see annotated image 1 of Fig. 1 (Ponce) above).
Claims 4-5 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Knittle (US 2021/0276110 A1) in view of Ponce (US 5,735,324 A) as applied to claims 1 and 8 above, and further in view of Lawlor et al. (US 2011/0011229 A1), hereafter known as Lawlor.
Regarding claim 4, Knittle in view of Ponce teaches the work machine according to the work machine according to claim 1, wherein the base (Knittle, Fig. 1, 110) comprises: a base body (Knittle, Fig. 1, 110) to which the fence (Knittle, Fig. 1, 1124) is fixed, wherein the notch portion (Ponce, Fig. 1, 29) is provided in an opposite portion to the base body of the fence (see annotated image 1 of Fig. 1 (Ponce) above).
Knittle in view of Ponce does not teach a turntable coupled rotatable to the base body with up-down direction as axis direction. While Knittle in view of Ponce does show structures that may provide this function Knittle in view of Ponce does not teach rotating the device.
Lawlor teaches a work machine (Lawlor, Fig. 1-3, 100) comprising a base (Lawlor, Fig. 1-3, 102). The base comprising a base body (Lawlor, Fig. 1-3, 102) to which the fence (Lawlor, Fig. 1-3, 134) is fixed and a turntable (Lawlor, Fig. 1-3, 104) coupled rotatable to the base body with up-down direction as axis direction (Lawlor, P. 0085). Such a turntable allows for the blade to be angled relative to the fence so that angled cuts can be made (Lawlor, P. 0085).
It would have been obvious to a person of ordinary skill in the art before the filing date to modify the device taught by Knittle in view of Ponce such that it included a turntable rotatably coupled to the base body about a vertical axis as taught by Lawlor as it allows for the blade to be angled with respect to the fence for angled cuts.
Regarding claim 5, Knittle in view of Ponce and Lawlor teaches the work machine according to claim 4, wherein the fence (Knittle, Fig. 1, 1124) extends in first direction parallel to the upper surface (see annotated image 1 of Fig. 1 (Knittle) above), wherein the notch portion () is provided at least at one or other end portion in the first direction of the fence (see annotated image 1 of Fig. 1 (Ponce) above).
Regarding claim 13, Knittle in view of Ponce teaches the work machine according to claim 8, the wherein the base (Knittle, Fig. 1, 110) comprises: a base body (Knittle, Fig. 1, 110) to which the fence (Knittle, Fig. 1, 1124) is fixed, and wherein the dust relief mechanism (Knittle, Fig. 1, 1120 and 1125) is disposed opposite the base body (Knittle, Fig. 1, 1120).
Knittle in view of Ponce does not teach a turntable coupled rotatable to the base body with the up-down direction as axis direction.
Lawlor teaches a work machine (Lawlor, Fig. 1-3, 100) comprising a base (Lawlor, Fig. 1-3, 102). The base comprising a base body (Lawlor, Fig. 1-3, 102) to which the fence (Lawlor, Fig. 1-3, 134) is fixed and a turntable (Lawlor, Fig. 1-3, 104) coupled rotatable to the base body with up-down direction as axis direction (Lawlor, P. 0085). Such a turntable allows for the blade to be angled relative to the fence so that angled cuts can be made (Lawlor, P. 0085).
It would have been obvious to a person of ordinary skill in the art before the filing date to modify the device taught by Knittle in view of Ponce such that it included a turntable rotatably coupled to the base body about a vertical axis as taught by Lawlor as it allows for the blade to be angled with respect to the fence for angled cuts.
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Knittle (US 2021/0276110 A1) in view of Lawlor et al. (US 2011/0011229 A1), hereafter known as Lawlor.
Regarding claim 15, A work machine comprising:
a base (Knittle Fig. 1, 110)) on which a material to be processed is placed on an upper surface (see annotated image 1 of Fig. 1 (Knittle) above);
a main body (Knittle, Fig. 1, 130) that is movably connected to the base and drives a blade (Knittle, P. 0008) for cutting the material to be processed; and
a fence (Knittle, Fig. 1, 1124) extending upward and in first direction from the upper surface of the base,
wherein the base comprises:
a base body (Knittle, Fig. 1, 110) to which the fence is fixed; and
wherein at least one of the fence and the base body has a notch portion (Knittle, Fig. 1, 1120 and 1125) extending in the first direction from an end portion thereof in the first direction, the notch portion 1120 of Knittle is located on an end portion of the fence, and dust on the upper surface of the base can be discharged through the notch portion (Knittle, P. 0030).
Knittle does not teach a turntable coupled rotatable to the base body with up-down direction as axis direction. While Knittle does show structures that may provide this function Knittle does not teach rotating the device.
Lawlor teaches a work machine (Lawlor, Fig. 1-3, 100) comprising a base (Lawlor, Fig. 1-3, 102). The base comprising a base body (Lawlor, Fig. 1-3, 102) to which the fence (Lawlor, Fig. 1-3, 134) is fixed and a turntable (Lawlor, Fig. 1-3, 104) coupled rotatable to the base body with up-down direction as axis direction (Lawlor, P. 0085). Such a turntable allows for the blade to be angled relative to the fence so that angled cuts can be made (Lawlor, P. 0085).
It would have been obvious to a person of ordinary skill in the art before the filing date to modify the device taught by Knittle such that it included a turntable rotatably coupled to the base body about a vertical axis as taught by Lawlor as it allows for the blade to be angled with respect to the fence for angled cuts.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Robert D Cornett whose telephone number is (571) 270-0182. The examiner can normally be reached M-F 7:30 am-5:30 pm.
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/ROBERT D CORNETT/Examiner, Art Unit 3724 /BOYER D ASHLEY/Supervisory Patent Examiner, Art Unit 3724