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 .
Detailed Action
Claim Rejection - 35 U.S.C. 112(b)
1. 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.
2. Claims 10-15 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
(1) In claims 10 and 11, line 2, “the base portion” has no antecedent basis. The phrase should read --the base--.
Claim Rejection - 35 U.S.C. 103
1. 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.
2. Claim 1 is rejected under 35 U.S.C. 103 as being unpatentable over Du et al. (U.S. Patent Application Publication No. 2023/0037512, hereinafter “Du”) in view of Nicotra (U.S. Patent No. 3,623,518).
Regarding claim 1, Du discloses a rotary cutting tool (2) comprising:
a battery pack receptacle (26);
a handle (12,14);
a motor (16);
a blade (106) driven by the motor (16);
a blade guard (120) surrounding the blade (106); and
a shoe (304,340, see Fig.8);
wherein the shoe (304,340) comprises a base (304) and an attachment portion (340);
wherein the base (304) is configured to abut a workpiece and provide a depth of cut; and
wherein the attachment portion (340) is perpendicular to the base (304) substantially as claimed except Du does not explicitly mention the attachment portion (340) is welded to the base (304).
Nicotra shows a shoe (12) comprising a base (11) and an attachment portion (21) that is welded to the base (11, see Fig.1 and column 2, lines 24-25).
Thus, to modify Du by using a well-known technique such as Nicotra’s welding to connect the base and the attachment portion together would have been obvious to one skilled in the art.
3. Claims 9, 10 and 16-19 are rejected under 35 U.S.C. 103 as being unpatentable over Inayoshi et al. (U.S. Patent Application Publication No. 2011/0214302, hereinafter Inayoshi) in view of Anton (U.S. Patent No. 2,866,485).
Regarding claim 9, Inayoshi discloses a rotary cutting tool (1) comprising:
a battery pack receptacle (e.g., a storage space for receiving a battery pack 22, see paragraph [0061], lines 1-3);
a handle (20);
a motor (40);
a blade (12) driven by the motor (40);
a blade guard (120) surrounding the blade (106); and
a shoe (2,5); wherein the shoe (2,5) comprises a base (2) and an attachment portion (5);
wherein the base (2) comprises a flat portion (e.g., the flat portion having an opening 2b defined therein, see Fig.9) configured to abut a workpiece and provide a depth of cut;
wherein the attachment portion (5) is perpendicular to the base (2);
wherein the base (2) has a front width (W1, see Fig.11 as annotated below) and a rear width (W2) that is smaller than the front width (W1) substantially as claimed except it is unclear if Inayoshi’s front width (W1) is 8 cm or less.
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Anton shows a cutting tool comprising a base plate (34) having a width of approximately 2.125 inches (e.g., about 5.398 cm which is less than 8 cm or less as claimed, see column 8, lines 29-34).
Thus, it would have been obvious to one skilled in the art to modify Inayoshi by having the width of the base plate (2) in the range of 8 cm or less suitable for contacting a workpiece during cutting as taught by Anton.
Regrading claim 10, Inayoshi’s base portion (2) and attachment portion (5) are integrally formed. Note “integral” is not necessarily restricted to one-piece article, and is sufficiently broad to embrace constructions united by such means as a fastener or welding. In re Kohno, (CCPA) 157 USPQ 275; In re Hotte, 177 USPQ 326, CCPA 1973.
Regarding claim 16, Inayoshi as modified has the front width (W1) less than 6 cm (note Anton teaches 2.125 inches or about 5.398 cm).
Regarding claim 17, since Indayoshi’s front width (W1) is less than 6 cm (note claim 16), the rear width (W2) is less than 4 cm (note the above annotated Fig.11).
Regarding claim 18, Inayoshi’s attachment portion (5) comprises a central portion (5a, see Fig.9) and two side portions (e.g., the two longitudinal side portions spaced by the central portion 5a).
Regarding claim 19, Inayoshi’s two side portions (e.g., the two longitudinal side portions spaced by the central portion 5a) are generally parallel to one another.
4. Claims 9 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Du et al. (U.S. Patent Application Publication No. 2023/0037512, hereinafter “Du”) in view of Inayoshi (U.S. Patent Application Publication No. 2011/0214302) and Anton (U.S. Patent No. 2,866,458).
Regarding claim 9, Du discloses a rotary cutting tool (2) comprising:
a battery pack receptacle (26);
a handle (12,14);
a motor (16);
a blade (106) driven by the motor (16);
a blade guard (120) surrounding the blade (106); and
a shoe (304,340); wherein the shoe (304,340) comprises a base (304) and an attachment portion (340);
wherein the base (304) comprises a flat portion (328) configured to abut a workpiece and provide a depth of cut;
wherein the attachment portion (340) is perpendicular to the base (304);
wherein the base (304) has a front width (W1, see Fig.8 as annotated below) and a rear width (W2) substantially as claimed except Du’s rear width (W2) is not smaller than the front width (W1); and it is unclear if Du’s front width (W1) is 8 cm or less.
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Inayoshi shows a rotary cutting tool (1) comprising a base (2) having a front width (W1, see the annotated Fig.11) and a rear width (W2) smaller than the front width (W1).
It would have been obvious to one skilled in the art to modify Du by having the rear width (W2) of the base (304) smaller than the front width (W1) of the base (304) for the advantage of reduction in its size and weight of the base (304) as taught by Inayoshi.
Du as modified is silent about the front width (W1) of the base (304).
Anton shows a cutting tool comprising a base plate (34) having a width of approximately 2.125 inches (e.g., about 5.398 cm which is less than 8 cm or less as claimed, see column 8, lines 29-34).
Thus, it would have been obvious to one skilled in the art to further modify Du by having the front width (W1) of the base plate (304) in the range of 8 cm or less suitable for contacting a workpiece during cutting as taught by Anton.
Regarding claim 10, Du’s base portion (304) and attachment portion (340) are integrally formed.
4. Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Du et al. (U.S. Patent Application Publication No. 2023/0037512, hereinafter “Du”) in view of Inayoshi (U.S. Patent Application Publication No. 2011/0214302) and Anton (U.S. Patent No. 2,866,458) as applied to claim 9 above, and further in view of Nicotra (U.S. Patent No. 3,623,518).
Regarding claim 11, Du’s rotary cutting tool (2) as modified shows all the claimed limitations except it is unclear if Du’s base (304) and attachment portion (340, see the annotated Fig.8) comprise two parts welded together.
Nicotra shows a shoe (12) comprising a base (11) and an attachment portion (21) that is welded to the base (11, see Fig.1 and column 2, lines 24-25).
Thus, to further modify Du by forming the base (304) and attachment portion (340) as two parts and joined together by using a well-known technique such as Nicotra’s welding would have been obvious to one skilled in the art as an obvious matter of a manufacturer’s choice than any inventive concept.
Indication of Allowable Subject Matter
1. Claims 2-8 and 20 are 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.
2. Claims 12-15 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
3. Claims 2-8 and 12-15 contain allowable subject matter because none of the prior art of record taken alone or in combination thereof shows or fairly suggests the claimed rotary cutting tool (10, see Fig.1) comprising, among other things, a shoe (100) comprising a base (110, see Fig.4) and an attachment portion (120) perpendicular to the base (110); the attachment portion (120, see Fig.6) having a first projection (122); and the base (110, see Fig.5) having a first hole (112); and wherein the first projection (122) is engaged with the first hole (112).
4. Claim 20 contains allowable subject matter because none of the prior art of record taken alone or in combination thereof shows or fairly suggests the claimed rotary cutting tool (10, see Fig.1) comprising, among other things, a shoe (100) comprising a base (110, see Fig.4) and an attachment portion (120) perpendicular to the base (110), the attachment portion (120, see Fig.6) comprising a central portion (125) and two side portions (126,127) generally parallel to each other; and the central portion (125) is generally perpendicular to the two side portions (126,127).
Prior Art Citations
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
U.S. Patent No. 3,722,496 shows a rotary cutting tool comprising a base (12, see Fig.5) for abutting a workpiece, and an attachment portion (96) perpendicular to and integral formed with the base (12) for allowing adjustment of depth of cut.
U.S. Patent No. 4,353,165 shows a rotary cutting tool comprising a base (15, see Fig.1) and an attachment portion (30, see Fig.2) perpendicular to the base (15), the attachment portion (30) comprising a central portion (shown as a transverse portion) and two generally parallel side portions (extending upwardly from the base and connecting to the transverse/central portion), and the central portion being generally perpendicular to the two side portions.
U.S. Patent No. 6,161,293 shows a battery operated rotary cutting tool.
U.S. Patent No. 8,181,350 shows a rotary cutting tool (20) comprising a base (50) and an attachment portion (40) perpendicular to the base (50).
Point of Contact
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HWEI-SIU PAYER whose telephone number is (571)272-4511. The examiner can normally be reached on Monday - Friday from 6:00 AM to 2:00 PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Boyer Ashley, can be reached at telephone number 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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/HWEI-SIU C PAYER/ Primary Examiner, Art Unit 3724