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 Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier.
Such claim limitations are:
the “fastening device”, in claim 17.
With regard to the term “fastening device”, in claim 17:
first, the term “device” is a generic placeholder for “means”; second, the generic placeholder is modified by the functional language “fastening”; third, the generic placeholder is not modified by sufficient structure for performing the claimed function – e.g., the term “fastening” preceding the generic placeholder describes the function, not the structure, of the fastening device.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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.
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over USPN 4730528, Haskins, in view of US 0663558, Burtchaell, and in view of US 5377415, Gibson, and in view of US 1998383, Parodi, in view of US, 5515894, Dunn, and further in view of US 2830378, Givan and further in view of US, 0299310, Witte; and in view of USPN 7441488, Angel.
Regarding Claim 17, Haskins discloses a device (10) for manually introducing holes and/or rivets into a workpiece, the device having a body (combination of parts 20, 30, 50, 14 and 18) which (body) has a working region (space between base portions 50 and 16) into which a workpiece (2) is introducible (fig 4, which shows the workpiece on plate 24, which is above part 16 and below the part 50) which workpiece is to be provided with holes and/or rivets (holes, since the cutter is said to cut through several layers of the material 2), wherein a tool plate (30/14) is provided on the working region (Fig. 1), and a lower tool (24) is placed into said working region (since the part is placed between base 14 and wall 36, and thus is placed into the tool plate), and wherein furthermore a tool holder (86) is provided, which tool-holder is arranged on a slide (100) and an upper tool (140) is placed in the slide (100) , wherein the slide is movable towards and away from the tool plate (30/14), and wherein the workpiece can be arranged between the tool plate (30/14) and the tool holder (86) for working upon the workpiece 2 within the working region (see fig 4A, which shows the workpiece 2 on the plate 24 which is on the holder 14),
wherein a handle (82) is provided which is pivotable about a first pivot axis (98) in order to move the slide (col. 5, 5-25),
wherein when the handle (82) is in a first position (e.g., as shown in fig 1), the slide (30) is arranged away from the tool plate in a release position (fig. 1) and
when the handle (82) is pivoted into a second position (e.g. when the handle contacts the top of the part 130), the slide 100) is moved towards the tool plate (toward part 14 of the tool plate) into a working position (fig 4A, and col. 3, 60-64), in which the lower tool (24) and the upper tool (140) are operatively connected to one another (fig 4),
and wherein a stop (130) is provided on the body (at the base 14 of the body) which (stop), in the second position of the handle, interacts with a counter-stop (portion of the handle which contacts stop 130) on the handle (col 3 60-65), the second position (of) the handle giving rise to movement of the slide towards the tool plate (col 3, 60-65) and into its working position of the slide in which said punch is lowere(d) (fig 4, col 3, 60-65),
the device characterized: in that the stop (130) and thus the working position of the slide are adjustable (col 3, 60-65).
and the stop (130) can be manually adjusted continuously (col 3, 60-65, since the rod can be adjusted at any time and continuously, for instance for more than one second without interruption, continuous is defined as “forming an unbroken whole; without interruption”, Oxford dictionary).
And the device is characterized in that a fastening device (20) is provided in order to fix the device to a planar surface where the planar surface has an edge and an underside(col 2, 30-40, since the parts 20 can be attached to an underside and edge).
characterized in that the slide (100) is guided in the body in a sleeve (50).
Haskins lacks (Feature I) the stop (130) being located on a stop screw which is arranged in a bushing, (Feature II), the device characterized in that the first pivot axis of the handle is arranged on a joint element, wherein the joint element is configured as a toggle lever and the device has a second pivot axis about which the joint element can be pivoted about the body and characterized in that the slide is arranged on the handle so as to be raised and lowered in relation to a third pivot axis, and also feature III, the device characterized in that the fastening device comprises an approximately U-shaped clamp, having a first leg and a second leg, which in its mounted state engages around an edge of the planar surface and whose first leg can be fixed to the device in particular in a receptacle on the body, while the second leg can be fixed to the planar surface by means of a releasable connection, wherein the second leg is has a fastening means, which acts against a counter plate which rests against underside of the planar surface, and Feature IV, characterised in that a protective cover is provided which is arranged between the counter plate and the planar surface, and feature V, the device according to claim 1, characterised in that at least one measuring scale is provided, and is arranged between the counter plate and the planar surface; characterized in that the at least one measuring scale is arranged in a displaceable and/or detachable manner on the device; and characterized in that the measuring scale has at least one projection for contacting the workpiece. And feature VI, the handle consist of at least two components, namely a first component which is hard and provides good force transmission, and a second component which is softer and has pleasant haptic properties for an operator, and feature VII, and the device characterised in that the body has one or more feet which have anti-slip properties.
Regarding Feature I, Even though Haskins discloses that the stop rod 130 thereof is an adjustable rod and moves upward and downward to adjust the position of the rod relative to the base (col 3 lines 60-65), and even though the stop rod is shown to have a threaded portion on the bottom thereof which appears to be inserted into a bushing, Haskins is actually silent as to how the stop rod is lowered and raised or as to whether the bottom parts thereof are actually a screw that is received in a threaded bushing.
Burtchaell discloses a punch in the same field of endeavor as the punch tool of the present invention and also includes an adjustable stop (top of screw 62, [analogous to the top portion 11 of the screw of the present invention which is disclosed as being the “stop”])) located on a stop screw (threaded portion of screw 62 [analogous to the threaded portion 13 of the screw of the present invention which is disclosed as being the “stop screw”]) which is arranged in a bushing (portion of the body base into which the screw is screwed [analogous to the bushing 14 of the present invention which is a threaded portion into which the screw is inserted and rotates within)(pg 2, 10-110).
Burtchaell teaches a prior art adjustable height punch using a known technique that is applicable to the adjustable height punch of Burtchaell, namely, the technique of having the adjustable stop thereof be located on a stop screw which is arranged in a bushing. Thus, it would have been recognized by one of ordinary skill in the art that applying the known technique taught by Burtchaell to the adjustable height punch of Haskins would have yielded predicable results and resulted in an improved system, namely, a system that would allow for the height adjustment already disclosed in Haskins to be performed via rotating the rod to change the height of the rod.
Regarding feature II, Gibson discloses a punch in the same field of endeavor as the punch of Haskins and includes a pivotable handle 51 which is moved relative to a base to activate a slide (holder 62) and punch 35 to punch a product, and discloses that handle pivots about a first pivot axis (at 64) of the handle (51) and the handle is arranged on a joint element (53), wherein the joint element (53) is configured as a toggle lever (since it toggles relative to the handle) and has a second pivot axis (at 65) about which the joint element (53) can be pivoted about the body (52), and characterized in that a slide (62) is arranged on the handle (51, at pivot 64) so as to (have said slide) be raised and lowered in relation to a third pivot axis (63) , in order to drive the punch with a mechanical advantage (col 6, 40-50).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Haskins by having the device characterized in that the first pivot axis of the handle is arranged on a joint element, wherein the joint element is configured as a toggle lever and the device has a second pivot axis about which the joint element can be pivoted about the body and characterized in that the slide is arranged on the handle so as to be raised and lowered in relation to a third pivot axis; in order to drive the punch with a mechanical advantage, as taught by Gibson.
Regarding Feature III, Parodi discloses a fastening device (fig. 2, 2) for a portable cutter (combination of platform 3, slot 6 and blade 9) in the same field of endeavor as the fastening device 50 for a portable cutter (device) of the present invention and includes the fastening device (2, 4 and 5) provided in order to fix the device (3, 6, 9) to a planar surface 1 (fig 2) and the fastening device comprises an approximately U-shaped clamp (bracket 2, see annotated fig 2 below), which in its mounted state engages around an edge of the planar surface (1) and whose first leg (see annotated fig 2 below) can be fixed to the device (see annotated fig 2 below), in particular in a receptacle (space under platform 3 and above table 1 in which top portion of bracket 2 fits, which is a receptacle in that I receives part of the bracket therein) on the body (3, of the device), while the second leg (see annotated fig 2 below) can be fixed to the underside of the planar surface (see annotated fig 2 below, inasmuch as the second leg is operatively connected to the underside of the planar surface 1 which is contacted by part 5), (claim 8), in that the second leg (see annotated fig 2 below) can be fixed to the planar surface by means of a releasable connection (screw 5 combined with the threaded receiving portion of bracket 2), which is releasable from the bottom of the planar part 1), wherein the second leg is has a fastening means (5), which acts against a counter plate (top of screw 5, which contacts table 1) which rests against underside of the planar surface (fig 1) (claim 9), in order to allow the portable cutting device to be mounted on a kitchen table or other support quickly, and quickly removed when not needed, pg. 1, 5-14.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Haskins by having the device characterized in that the fastening device comprises an approximately U-shaped clamp, having a first leg and a second leg, which in its mounted state engages around an edge of the planar surface and whose first leg can be fixed to the device in particular in a receptacle on the body, while the second leg can be fixed to the planar surface by means of a releasable connection, wherein the second leg is has a fastening means, which acts against a counter plate which rests against underside of the planar surface; in order to allow the portable cutting device to be mounted on a kitchen table or other support quickly, and quickly removed when not needed, as taught by Parodi.
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Regarding Feature IV, Dunn discloses a fastening device (combination of moveable jaw 38, and stationary jaw 36) which together are used to secure a leg 18 of a tool to a table 31, in the same field of endeavor as the table securing device of the present invention and discloses that a protective cover (pad 40) is provided which is arranged between the stationary jaw 36 (which may be considered a counter plate) and the planar surface 32.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Haskins by including a protective cover in the form of a pad to be provided which is arranged between the counter plate and the planar surface, as shown in Dunn in order to provide anti frictional properties, for instance, which runner is known to have, which would ensure that the parts do not slip relative to one another when connected.
Regarding Feature V; Givan discloses a detachable punching device (abstract) in the same field of endeavor as the detachable punch of the present invention and includes at least one measuring scale (6) provided, and is arranged between a counter-plate (9) and a planar surface (W) (see fig 1) (Claim 11), characterized in that the at least one measuring scale (6) is arranged in a displaceable and/or detachable manner on the punch device (11) (col 2, 10-20) (Claim 12), and characterized in that the measuring scale (6) has at least one projection (9) for contacting the workpiece (col 2 lines 20-30) (Claim 13), in order to accurately locate the punch relative to the workpiece (col. 1, 40-50).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Haskins by including at least one measuring scale is provided, and is arranged between the counter-plate and the planar surface; characterized in that the at least one measuring scale is arranged in a displaceable and/or detachable manner on the device; and characterized in that the measuring scale has at least one projection for contacting the workpiece in order to accurately locate the punch relative to the workpiece as taught by Givan.
Regarding Feature VI, Witte discloses a pivotable cutting device (abstract) in the same field of endeavor as the pivotable cutting device of the present invention characterized in that the handle thereof (combination of loop A and rubber bow E; pg. 1, 35-50) which handle supports a pivotable cutter (shearing blades) and which handle consists of at least two components, namely a first component (metal loop A), which is hard (since it is metallic) and provides good force transmission (via the fact that the handle loops allow a used to grip the shear to perform the shearing function of the shear), and a second component (rubber bow E, pg. 1, 35-50) which is softer and has pleasant haptic properties for an operator (pg 1, 40-50), in order to be more agreeable to the user and provide more friction (pg 1, 40-50)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Haskins by including, the handle to consists of at least two components, namely a first component which is hard and provides good force transmission, and a second component which is softer and has pleasant haptic properties for an operator, in order to be more agreeable to the user and provide more friction as taught by Witte.
Regarding Feature VII, Angel discloses a pivotable punch device (abstract) in the same field of endeavor as the pivotable punch device of the present invention characterized in that the body has one or more feet which have anti-slip properties (non-slip ads 95) in order to provide extra traction and stability to the device (col. 6, 40-50).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Haskins by having the body have one or more feet which have anti-slip properties in order to provide extra traction and stability to the device as taught in Angel.
Response to Arguments
Applicant's arguments filed 8/13/25 have been fully considered but they are not persuasive. Applicant argues that one skilled in the art would not be tempted to attempt to combine a vegetable slider and shears with a multiuse craftsman table, with the button cover press of Haskins. It appears that Applicant is specifically referring to the features of previously claimed claims 8-9, 10, and 14, now included as a part of the only independent claim, claim 17, and which were previously treated in view of Haskins over, Parodi (vegetable slicer), Dunn (table) and (Witte, Shears); respectively.
This is not found persuasive. As characterized by Applicant, the referenced modifications might appear to be improper. However, as noted in the previous action, and as also noted above, the modification made with regard to each feature would be proper, and within the realm of ordinary skill in the mechanical arts. Each modification is addressed in greater detail herein.
With regard to the modification in view of Parodi, the press of Haskins was acknowledged as lacking the feature: the device characterized in that the fastening device thereof comprises an approximately U-shaped clamp, having a first leg and a second leg, which in its mounted state engages around an edge of the planar surface and whose first leg can be fixed to the device in particular in a receptacle on the body, while the second leg can be fixed to the planar surface by means of a releasable connection, wherein the second leg is has a fastening means, which acts against a counter plate which rests against underside of the planar surface.
Haskins already discloses that the device thereof includes a fastening device, but lacks the specific features required, with regard to the U-shape design there-of. Haskins if a portable press machine that may be attached to a variety of planar surfaces. Similarly, Parodi is properly characterized in the rejections as being an analogous for a portable cutter device, which can be attached to a variety of planar surfaces, in the same field of endeavor as portable cutting/press device of Haskins. Also, the specific fastening devices of Haskins and Parodi are manufactured for the similar use of attaching the portable cutter/press devices of the to a planar surface, and Parodi discloses that the design thereof has a benefit of allowing the portable cutting device to be mounted on a kitchen table or other support quickly, and quickly removed when not needed. One of ordinary skill in the art would be motivated to look at all portable devices in the cutting area (e.g. class 30) to improve on the connecting feature of the portable press device of Haskins. In other words, such an artisan tasked with improving the attachability of the Haskins device to a planar surface would not only look to other punching devices, but would also be motivated to look to all portable cutting and punching devices known in the art.
Similarly, with regard to the modification in view of Dunn, the press of Haskins was acknowledged as lacking the feature: a protective cover in the form of a pad to be provided which is arranged between a counter plate and a planar surface. Like Haskins and Parodi, Dunn discloses a portable cutting machine that may be attached to a variety of planar surfaces. Dunn may be properly characterized as being an analogous attachment device for a portable cutter device, which can be attached to a variety of planar surfaces, in the same field of endeavor as portable cutting/press device of Haskins. Also, the specific fastening devices of Dunn, and Haskins are manufactured for the similar use of attaching the portable cutter/press devices of the to a planar surface. As noted above, with regard to Parodi, one of ordinary skill in the art would be motivated to look at all portable devices in the cutting area (e.g. class 30) to improve on the connecting feature of the portable press device of Haskins. In other words, such an artisan tasked with improving the attachability of the Haskins device to a planar surface would not only look to other punching devices, but would also be motivated to look to all portable cutting and punching devices known in the art. Thus, such an artisan would be motivated to look to portable cutting tools such as the Dun tool to improve on the attachment device of Haskins.
Finally, in regards to the modification in view of Witte, the press of Haskins was acknowledged as lacking the feature: the handle to consists of at least two components, namely a first component which is hard and provides good force transmission, and a second component which is softer and has pleasant haptic properties for an operator.
As discussed in the previous rejection and above, Witte discloses: a pivotable cutting device (abstract) in the same field of endeavor as the pivotable cutting device of the present invention characterized in that the handle thereof is used to manipulate and actuate the pivotable cutter. An artisan tasked with improving the handling and actuating parts of Haskins would be motivated to look at all pivotable and handle activated cutters to make such an improvement. As such, such an artisan would be motivated to incorporate the handle features disclosed by Witte into the handle of Haskins.
Conclusion
THIS ACTION IS MADE FINAL. 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 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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/FERNANDO A AYALA/Examiner, Art Unit 3724
/ADAM J EISEMAN/Supervisory Patent Examiner, Art Unit 3724