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 .
Election/Restrictions
Applicant’s election without traverse of Group I (encompassing claims 1, 2, 4-10, 15, and 16) in the reply filed on 9/1/2026 is acknowledged.
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 electric motor (see at least claim 15) 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
Claim 5 is objected to because of the following informalities:
Claim 5: claims 1 and 4 require a tool arm “for a power cutter”, but do not positively recite the power cutter itself; therefore, it is interpreted that the rim portion is only required to be capable of facing a front handle of a power cutter, and has been treated as such for purposes of examination
Appropriate correction is required.
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, 2, 4-10, 15, and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Elfner (US 20150038064).
Regarding claim 1, Elfner discloses a tool arm for a power cutter (support arm 5 is arranged on cut-off machine 1; see fig. 1), the tool arm comprising a metal component (support arm component 15 is made from a light metal such as magnesium or aluminum; see paragraph [0036]) and a component (cover 16; see fig) arranged to support and to enclose a drive mechanism (support arm component 15 and cover 16 support and delimit belt chamber 23; see paragraph [0038] and fig. 4), the drive mechanism comprising a first drive pulley (drive pulley 24; see fig. 4), a second drive pulley (output pulley 25; see fig. 4), and a belt arranged to be driven by the first drive pulley and arranged to drive the second drive pulley (drive pulley 24 drives output pulley 25 by action of drive belt 22; see paragraph [0037]), wherein respective axes of rotation of the first and second drive pulleys are normal to a plane dividing the tool arm into a first part and a second part (the axes of rotation lie perpendicular to a plane dividing the tool arm into first part, support arm component 15, and a second part, cover 16; see fig. 4), wherein a center of the drive belt, when installed, lies in the plane (a center of drive belt 22 lies in the plane that separates support arm component 15 and cover 16; see fig. 4), and wherein the metal component comprises a first reinforcement structure extending in an extension direction normal to the plane from the first part, past the plane, and into the second part (support arm component 15 extends perpendicularly from one side of the plane into cover 16, on the other side of the plane; see fig. 4).
Elfner does not explicitly disclose that the second component of the tool arm is non-metal.
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify Elfner to make the second tool arm component from a non-metal since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice (see In re Leshin, 125 USPQ 416). Elfner discloses a tool arm component (cover 16) but does not explicitly disclose what it is made from. It is common within the art to make a cover from plastic since it is relatively inexpensive and can be easily molded to a variety of shapes while still maintaining suitable strength. Further, plastic is configured to flex, which is beneficial in the art of power tools since the plastic must be capable of withstanding a variety of forces during use. Therefore, in order to provide an inexpensive but durable support member, such a modification would be obvious.
Regarding claim 2, Elfner as modified discloses the limitations of claim 1 as described in the rejection above.
Elfner as modified further discloses wherein the first reinforcement structure has first (top side of support arm component as shown in fig. 9) and second side surfaces extending along the plane (bottom side of support arm component 15 as shown in fig. 9), wherein the first side surface is separated from the second side surface by the plane (the first and second side surfaces are separated at least partially by the plane extending along the center of drive belt 22; see fig. 9).
Regarding claim 4, Elfner as modified discloses the limitations of claim 1 as described in the rejection above.
Elfner as modified further discloses a first outer side surface (top side of support arm component as shown in fig. 9) and a second outer side surface (end face 75 of rim 40; see fig. 9) extending longitudinally with respect to the tool arm and parallel to the plane (both outer side surfaces extend longitudinally and parallel to the plane; see fig. 9), wherein a rim portion connects the first outer side surface to the second outer side surface (rim 40 connects the first outer side surface to end face 75; see fig. 9), wherein the first reinforcement structure forms part of the rim portion (support arm component 15 forms a portion of rim 40; see paragraph [0046] and fig. 9).
Regarding claim 5, Elfner as modified discloses the limitations of claim 4 as described in the rejection above.
Elfner as modified further discloses wherein the part of the rim portion formed by the first reinforcement structure is arranged to face a front handle of the power cutter (at least a portion of rim 40 is configured to face handle 4 of cut-off machine 1; see figs. 2 and 6).
Regarding claim 6, Elfner as modified discloses the limitations of claim 4 as described in the rejection above.
Elfner as modified further discloses wherein the first reinforcement structure forms part of the first outer side surface and part of the second outer side surface (the first outer side surface and end face 75 are formed as part of support arm component 15; see fig. 9).
Regarding claim 7, Elfner as modified discloses the limitations of claim 1 as described in the rejection above.
Elfner as modified further discloses wherein the metal component comprises any of magnesium, aluminum, and steel (support arm component 15 is made from a light metal such as magnesium or aluminum; see paragraph [0036]).
Regarding claim 8, Elfner as modified discloses the limitations of claim 1 as described in the rejection above.
Elfner as modified further discloses wherein the metal component and the first reinforcement structure are integrally formed (support arm component 15 may be made entirely from metal; see paragraph [0036]).
Regarding claim 9, Elfner as modified discloses the limitations of claim 1 as described in the rejection above.
Elfner as modified further discloses wherein the first reinforcement structure is a hollow structure (support arm component 15 is partially hollow such that upon assembly with cover 16, belt chamber 23 is formed; see paragraph [0038] and figs. 4, 6).
Regarding claim 10, Elfner as modified discloses the limitations of claim 9 as described in the rejection above.
Elfner as modified further discloses wherein the hollow structure of the first reinforcement structure is divided by one or more ribs forming at least two internal volumes of the tool arm (the hollow region formed by belt chamber 23 comprises at least two ribs, each of which contains a separate internal volume within support arm 5; see figs. 4 and 8).
Regarding claim 15, Elfner as modified discloses the limitations of claim 1 as described in the rejection above.
Elfner as modified further discloses wherein the metal component comprises integrally formed bolt holes (support arm component 15 includes a series of holes that fastening screws 21 pass through to secure fastening flange 20 of drive motor 19; see paragraph [0044] and fig. 4) and a supporting surface for attaching an electric motor to the tool arm (support arm component 15 includes a surface for supporting drive motor 19; see fig. 9).
Regarding claim 16, Elfner as modified discloses the limitations of claim 1 as described in the rejection above.
Elfner as modified further discloses a power cutter (cut-off machine 1; see fig. 1) comprising the tool arm according to claim 1 (see rejection of claim 1 above).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: US 20070221188 to Donnerdal, drawn to a cutting or sawing machine; US 20180215031 to Sundberg, drawn to a fastener retention device for a guard cover; and US 7137877 to Uhl, drawn to a manually operated tool.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HALEIGH N WATSON whose telephone number is (571)272-3818. The examiner can normally be reached M-Th 530AM-330PM EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Boyer Ashley can be reached at (571)272-4502. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/HALEIGH N WATSON/Examiner, Art Unit 3724 /BOYER D ASHLEY/Supervisory Patent Examiner, Art Unit 3724
