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 .
Claim Objections
Claim 1 is objected to because of the following informalities: Regarding claim 1 (line 3), the phrase should recite “a cutting tool that is
Claim 1 (line 4), should recite “has a plate shape with a second direction” or similar language. The term “is formed” imparts a method step and the preamble is directed to an apparatus.
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.
Claims 1-18 are rejected under 35 U.S.C. 103 as being unpatentable over US Patent No. 6,938,531 to Yoshimizu et al. in view US Patent No. 5,125,158 to Casebolt et al. and in further view of DE102012215810 to Dubs et al. or US Patent Application Publication No. 20230082901 to Kawai et al.
In re claim 1, Yoshimizu teaches a work machine comprising:
a housing (3) extending in a first direction; and
a cutting tool (as shown in at least Figure 1) that is provided to be capable of reciprocating in the first direction on one side of the housing in the first direction, is formed into a plate shape (as shown in at least Figures 4a-4f) with a second direction orthogonal to the first direction as a width direction and a third direction orthogonal to the first direction and the second direction as a plate thickness direction, and cuts a light gauge steel by moving toward the one side in the first direction, wherein
a support part (20) (capable of) supporting the light gauge steel is provided on the one side in the first direction with respect to the cutting tool,
a blade part (13) in a V-shape that is convex (as shown in at least Figures 4a-4f) toward the one side in the first direction upon viewing from the third direction is formed at a one-side end part of the cutting tool in the first direction,
in the second direction, a tip part of the blade part is disposed at a position to one side in the second direction with respect to a central part of the support part in the second direction (as shown in at least Figure 1) and upon viewing from the third direction.
In re claim 5, wherein a motor (5) for causing the cutting tool to reciprocate is accommodated in the housing, and the motor (5) is disposed at a position offset to the one side in the second direction with respect to the central part of the support part in the second direction (as shown in at least Figure 1).
A portion of the motor is offset from one side in the second direction with respect to the central art of the support part.
In re claim 6, wherein a power supply part (4) for supplying power to the motor is provided at the housing, and the power supply part is disposed at a position offset to the another side in the second direction with respect to a center of the support part (20) in the second direction.
Regarding claim 1, Yoshimizu teaches a tip part of the blade part is disposed to one side in the second direction with respect to central part of the support part, but does not teach a tip part is offset with respect to a central part.
Casebolt teaches a blade (156) have a tip part which is offset with respect to the central part of the blade.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to provide the blade of Yoshimizu with an offset as taught by Casebolt which is an obvious design (shape) variant based on the workpiece being cut and the desired finished cut of the workpiece. Changing the shape of the blade of Yoshimizu does not alter the function of the blade of the working machine, which is cutting. The modification of Yoshimizu in view of Casebolt would lead to a tip part of the blade disposed at a position offset to one side with respect to the central part of the support part.
Regarding claim 1, Yoshimizu teaches a working tool, but does not teach a center of gravity of the work machine is located at a position overlapping with the cutting tool in the second direction, and the center of gravity is located at a position offset to another side in the second direction with respect to the central part of the support part in the second direction.
Dubs provides a teaching that the center of gravity should be close to the handle element to be able to hold and serve better and still remain flexible in movement sequences (Pg. 4, lines 24-26).
Kawai provides a teaching that the center of gravity (G) of the work machine is located at a position overlapping with the cutting tool in the second direction (as shown in at least Figure 12).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention for the center of gravity of Yoshimizu to be close to the handle element in order to overlap with the cutting tool as taught by Dubs or Kawai to hold and serve better and still remain flexible in movement sequences (Pg. 4, lines 24-26, Dubs). The modification of Yoshimizu in view of Dubs or Kawai would lead to the center of gravity being located at a position offset to another side in the second direction with respect to the central part of the support part in the second direction.
In re claim 2, modified Yoshimizu teaches wherein the housing (3, Yoshimizu) comprises a gripping part, and at least a part of the gripping part is disposed at a position overlapping with the center of gravity in the first direction.
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In re claim 3, modified Yoshimizu teaches wherein the gripping part extends in the first direction (see Annotated Figure 1, above).
Note, the working machine has a plurality of gripping portions, in which at least one portion extends in a first direction.
In re claim 7, modified Yoshimizu teaches, wherein, upon viewing from the third direction, a part of the gripping part is located outside a virtual circle that is centered on the central part of the support part (20, Yoshimizu) in the second direction and passes through the center of gravity.
At least a portion of the gripper part will be located outside a virtual circle.
In re claim 8, modified Yoshimizu teaches wherein, upon viewing from the first direction, a part of the gripping part is located at a position overlapping with the support part (as shown in at least Figure 1, Yoshimizu).
Note, the term overlapping has been interpreted using the BRI as defined by Merriam Webster Dictionary. Per Merriam Webster Dictionary, the term overlapping is defined as to have something in common with. It has been interpreted, when viewing form a first direction, a portion of the gripping part overlaps with the support part.
In re claim 10, modified Yoshimizu teaches wherein an operation part (see Annotated Figure 1, Pg. 6, above) instructing a movement start of the cutting tool is provided at the gripping part, and upon viewing from the first direction, at least a part of the operation part overlaps with the support part (as shown in at least Figure 1, Yoshimizu).
In re claim 11, modified Yoshimizu teaches wherein the gripping part (see Annotated Figure 1) is extended in the first direction, and the operation part (see Annotated Figure 1, Pg. 6, above) is disposed at a one-side end part of the gripping part in the first direction (as shown in at least figure 1).
In re claim 12, modified Yoshimizu teaches comprising: a housing (3, Yoshimizu) extended in the first direction and disposed on the another side of the cutting tool in the first direction; and
a motor (5, Yoshimizu) for driving the cutting tool, wherein the gripping part (see Annotated Figure 1, Pg. 6, above) constitutes a one-side portion of the housing in the first direction, and an other-side end part of the housing in the first direction is configured as a motor housing part accommodating the motor (as shown in at least Figure 1, Yoshimizu).
In re claim 13, modified Yoshimizu teaches, wherein a direction orthogonal to the first direction is taken as a second direction, and a battery mounting part (see Annotated Figure 1, Pg. 6, above) for mounting a battery supplying power to the motor is provided at the motor housing part, and the battery mounting part is disposed on one side of the motor in the second direction (see at least Figure 1, Yoshimizu)
In re claim 14, modified Yoshimizu teaches wherein the housing (3, Yoshimizu) comprises a guard part (see Annotated Figure 1, Pg. 6, above) extended in the first direction, and the guard part is disposed on the one side of the gripping part (see Annotated Figure 1) in the second direction and on the one side of the battery mounting part (see Annotated Figure 1) in the first direction.
In re claim 16, modified Yoshimizu teaches wherein an operation part (see Annotated Figure 1, Pg. 6, above) for instructing movement start of the cutting tool is provided at the gripping part, and the center of gravity is located on the one side in the first direction with respect to the operation part (Fig. 13, Kawai).
In re claim 17, modified Yoshimizu teaches wherein, upon viewing from the first direction, the cutting tool and the center of gravity overlap with each other (as shown in at least Figure 1, Yoshimizu).
In re claim 15, Yoshimizu teaches a work machine comprising: a cutting tool (as shown in at least Figure 1) configured to be capable of reciprocating, by a motor (5) between an initial position and a processing position;
a processing part (as shown in at least Figure 1) comprising a support part (20) that has several notch parts (20a,20b) spaced apart with predetermined interval for supporting a U-shaped workpiece;
a gripping part (see Annotated Figure 2, Pg. 9, below) extending along a first direction, and is provided on one side in the first direction with respect to the processing part;
an operation part (see Annotated Figure 2, Pg. 9, below) for turning on and off the motor, provided on the gripping part;
a battery (4) supplying power to the motor; and
a motor housing part (see Annotated Figure 2, Pg. 9, below) provided on another side in the first direction with respect to the gripping part and holding the motor and the battery.
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Regarding claim 15, Yoshimizu teaches a working tool, but does not teach a center of gravity of the work machine with the battery is located between the processing part and the motor housing part in the first direction.
Dubs provides a teaching that the center of gravity should be close to the handle element to be able to hold and serve better and still remain flexible in movement sequences (Pg. 4, lines 24-26).
Kawai provides a teaching that the center of gravity (G) of the work machine with the battery is located between the processing part (100) and the motor housing part in the first direction (as shown in at least Figure 13).
Note, the motor housing part extends just beyond the center of gravity. See Annotated Figure 3, below).
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It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention for the center of gravity of Yoshimizu to be located between the processing part and the motor housing part in the first direction as taught by Dubs or Kawai to hold and serve better and still remain flexible in movement sequences (Pg. 4, lines 24-26, Dubs).
In re claim 18, modified Yoshimizu teaches wherein at least a part of a drive shaft (12) for transmitting a drive force of the motor to the cutting tool is positioned in the gripping part (see Annotated Figure 2), wherein the drive shaft extends along the first direction, wherein a center of the motor is positioned offset from a center axis line of the drive shaft in a second direction crossing the first direction (see Annotated Figure 2, Pg. 9, above), and wherein the center of gravity of the work machine is positioned offset from the center axis line of the drive shaft in the second direction.
The modification leads to the center of gravity of the work machine being positioned offset from the center axis of the line of the drive shaft in the second direction.
Conclusion
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/JENNIFER S MATTHEWS/ Primary Examiner, Art Unit 3724
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