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 Rejections - 35 USC § 112
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 14-20 are 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.
Claim 14 recites the limitation “a pivot axis” in Line 4, describing an axis about which a first and second pair of legs are pivotably coupled. At Line 11 “a pivot axis” is again claimed. It is unclear whether this is the same pivot axis referenced above, or a new pivot axis. For purposes of Examination, it is interpreted to claim the same pivot axis and should read “the pivot axis”. Appropriate correction/clarification is required.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1, 3-5, 8, 10, 14-15 and 17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kundracik et al. (US 20160256943, hereinafter ‘Kundracik’).
Regarding claim 1, Kundracik discloses a portable pipe threader 1410 (Fig. 38) comprising a stand 1450 upon which a pipe is supported. A carriage 78 (not labeled in Fig. 38, but see other Figures, e.g. Figs. 1-2) is supported by the stand, upon which at least one pipe threading tool 66 is supported. A drive assembly is mounted to the stand, including an electric drive motor 100 operable to provide torque to the pipe. A lift-assist mechanism 1428 is coupled to the stand. The stand is foldable about a pivot axis 1433 between a collapsed state and a deployed state, and wherein the lift-assist mechanism is configured to apply a moment to the stand about the pivot axis during adjustment from the collapsed state to the deployed state (Paragraph [0101]).
Regarding claim 3, Kundracik discloses the stand further comprising a frame having a first pair of legs 1434 and a second pair of legs 1432 that are pivotable about the pivot axis. A plurality of wheels 1424 are coupled to the first pair of legs and a plurality of handles 1436 are coupled to the second pair of legs, each of the handles having a plurality of hand grip positions (e.g. perpendicular to legs 1432, parallel to legs 1432 or on the corner between grips 1436 and legs 1432).
Regarding claim 4, Kundracik discloses the lift-assist mechanism comprising a gas spring configured to continuously bias the stand to the deployed state.
Regarding claim 5, Kundracik discloses the gas spring having a first end mounted to one of the first pair of legs and a second end mounted to one of the second pair of legs, and wherein a longitudinal axis of the gas spring is oriented perpendicular to and offset from the pivot axis (see Fig. 38).
Regarding claim 8, Kundracik discloses a portable pipe threader 1410 (Fig. 38) comprising a stand 1450 upon which a pipe is supported. The stand includes a frame having a first pair of legs 1434 and a second pair of legs 1432 that are pivotably coupled to the first pair of legs about a pivot axis 1433. A carriage 78 (not labeled in Fig. 38, but see other Figures, e.g. Figs. 1-2) is supported by the stand, upon which at least one pipe threading tool 66 is supported. A drive assembly is mounted to the stand, including an electric drive motor 100 operable to provide torque to the pipe. A lift-assist mechanism 1428 is coupled to the stand between the first pair of legs and the second pair of legs. The stand is foldable about the pivot axis between a collapsed state and a deployed state, and wherein the lift-assist mechanism is configured to continuously bias the stand into the deployed state.
Regarding claim 10, Kundracik discloses the lift-assist mechanism comprising a gas spring that has a first end mounted to one of the first pair of legs and a second end mounted to one of the second pair of legs, and wherein a longitudinal axis of the gas spring is oriented perpendicular to and offset from the pivot axis (see Fig. 38).
Regarding claim 14, Kundracik discloses a portable pipe threader 1410 (Fig. 38) comprising a stand 1450 upon which a pipe is supported. The stand includes a frame having a first pair of legs 1434 and a second pair of legs 1432 that are pivotably coupled to the first pair of legs about a pivot axis 1433. A handle assembly 1436/1437 is coupled to each of the second pair of legs. A carriage 78 (not labeled in Fig. 38, but see other Figures, e.g. Figs. 1-2) is supported by the stand, upon which at least one pipe threading tool 66 is supported. A drive assembly is mounted to the stand, including an electric drive motor 100 operable to provide torque to the pipe. A lift-assist mechanism 1428 is coupled to the stand. The stand is foldable about the pivot axis between a collapsed state and a deployed state, and wherein the lift-assist mechanism is configured to continuously bias the stand into the deployed state. The handle assembly of each of the second pair of legs supports the stand in the deployed state.
Regarding claim 15, Kundracik discloses the handle assembly of each leg of the second pair of legs including a first gripping portion 1437 that supports the stand in the deployed state, a second gripping portion 1436 that is raised off a support surface when the handle assembly is in the collapsed state and a third gripping portion that extends between the respective leg of the second pair of legs and the respective second gripping portion (e.g. the radiused bend portion between elements 1437 and 1436 visible in Fig. 38).
Regarding claim 17, Kundracik discloses the lift-assist mechanism comprising a gas spring that has a first end mounted to one of the first pair of legs and a second end mounted to one of the second pair of legs, and wherein a longitudinal axis of the gas spring is oriented perpendicular to and offset from the pivot axis (see Fig. 38).
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, 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 2, 9 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Kundracik et al. (US 20160256943) in view of Schmauder et al. (US 20180147713, hereinafter ‘Schmauder’).
Regarding claims 2, 9 and 16, Kundracik does not disclose the portable pipe threader being battery powered.
Schmauder discloses the concept of interchangeable power supplies (i.e. battery or cord) being provided for portable power tools (Abstract). Stand supported tools (e.g. Fig. 4) as well as threading tools (e.g. Fig. 29) are discussed.
Therefore, it would have been obvious to one having ordinary skill in the art at the time of filing to provide the powered portable pipe threader of Kundracik with a battery pack supported by the stand (inherent, as the entirety of the powered tool is supported by the stand) and in selective electrical communication with the electric motor to provide electrical power to the electric motor by enabling the portable pipe threader to operate in locations where electrical power is not available.
Claims 6, 11 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Kundracik et al. (US 20160256943).
Regarding claims 6, 11 and 18, Kundracik discloses the gas spring applying a moment to the stand about the pivot axis in order to assist in raising the stand to the deployed state. Kundracik does not explicitly disclose the lifting force applied by the moment as being 10 lbs. or less.
However, modifying the gas spring to apply a lifting force of 10 lbs. or less would have been an obvious modification one having ordinary skill in the art at the time of filing would have made to ensure the gas spring assists in the operator lifting the portable pipe threader into the deployed state without applying too much force that the operator cannot collapse the frame back into the collapsed state and/or depending on what strength of gas struts are available for an operator to install on the stand. Finding an appropriate value of the lifting force would be obvious to try to ensure the device works appropriately, MPEP 2143, I, E.
Claims 7, 12-13 and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Kundracik et al. (US 20160256943) in view of Chiu (US 20100229767).
Regarding claims 7, 12-13 and 19-20, Kundracik discloses the stand including an upright portion that is pivotably coupled to the first pair of legs, the carriage being partially supported by the upright portion (see annotated Figure 38 below). Kundracik discloses a stand locking mechanism (latching assembly) existing to secure the legs in a desired position relative to each other (Paragraph [0101]) but does not explicitly disclose the structure of the stand locking mechanism.
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Chiu discloses a similar power tool stand, wherein the stand is provided with a stand locking mechanism including a cam handle 326 for selectively locking the stand in the collapsed state.
It would have been obvious to one having ordinary skill in the art at the time of filing to provide the portable pipe threader of Kundracik with the stand locking mechanism suggested by Kundracik and taught by Chiu in order to secure the stand in the collapsed state to make it easier for an operator to move the tool into position without the stand inadvertently opening up. The cam handle would be coupled to the upright portion (by virtue of being coupled to one of the first pair of legs) and would engage one of the second pair of legs to selectively lock the stand into the collapsed state.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Chen (US 9669540) discloses a similar power tool stand having first and second legs with respective wheels and handle(s), as well as a stand locking mechanism. Similarly, Chang (US 9186736) discloses a power tool stand with first and second legs with respective wheels and handle(s) and a stand locking mechanism.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Alan Snyder whose telephone number is (571)272-4603. The examiner can normally be reached M-R 7:00a - 5:00p.
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/Alan Snyder/Primary Examiner, Art Unit 3722
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