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
Response to Amendment
The Amendment filed 17 June 2026 has been entered. Claims 7-15, 17, 19, and 21-29 are pending. Applicant's amendments have overcome each and every objection previously set forth in the Non-Final Office Action mailed 23 March 2026.
Election/Restrictions
Claims 27-29 are directed to a subcombination cutting segment. The Applicant has elected by original presentation a combination saw chain. However, in the present form of claims 27-29, claims 27-29 do not present a search and/or examination burden, such that claims 27-29 are being examined herein. If the Applicant amends claims 27-29 to introduce a search and/or examination burden, claims 27-29 may become subject to restriction at that time consistent with MPEP 811.
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.
Claim(s) 27-29 is/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 27 recites the limitation "the first asymmetric tooth" in the final line. There is insufficient antecedent basis for this limitation in the claim. Claim 27 previously introduces “a first tooth”, but does not require the first tooth to be ‘asymmetric’. It is unclear whether the final line inadvertently includes the term ‘asymmetric’, such that the first tooth is not required to be asymmetric consistent with the name used to introduce the first tooth, or whether the first tooth is required to be asymmetric.
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.
Claim(s) 7-15, 17, 19, 21-22, 24-25, and 27-29 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US Pub. No. 2020/0316811 A1 to Hodgkinson.
Regarding claim 7, Hodgkinson discloses a saw chain 10 comprising:
a first tie strap 28; and
a contoured cutting segment 30 coupled to the first tie strap 28 (see Fig. 1, where connectors 32 couple the first tie strap to the cutting segment 30), the contoured cutting segment 30 extending between a first end face and a second end face (see the annotated Fig. 3 below; the first end face is an end face of the gullet 44a, and the second end face is an end face of the gullet 44b; the phrase ‘extending between’ does not prohibit the cutting segment 30 from also extending beyond the first and second end faces), the first end face spaced apart from the second end face in a longitudinal direction (see Fig. 3, where the longitudinal direction is parallel to imaginary line 56), the contoured cutting segment 30 comprising:
a first asymmetric tooth 46a formed by (i) the first end face and (ii) a ramp (see the ‘first ramp’ in the annotated Fig. 3 below) extending at an acute angle from the first end face such that a corner between the first end face and the ramp provides an upper-most point of the first asymmetric tooth 46a (see annotated Fig. 3 below, where the corner is at the junction of the first end face and the ramp); and
a second asymmetric tooth 46b oriented such that the second asymmetric tooth 46b is symmetric with the first asymmetric tooth 46a across a center (at centerline 68) of the contoured cutting segment 30 (see Fig. 3 and paragraph 16).
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Regarding claim 8, Hodgkinson discloses that the ramp is a first ramp, and the contoured cutting segment 30 further comprises: a third asymmetric tooth comprising a second ramp adjacent a first face (see the annotated Fig. 3 below; note that the ‘second ramp’ in the annotated Fig. 3 below is a different second ramp than the ‘second ramp’ in the annotated Fig. 3 above, since the two second ramps are defined by two different teeth), the second ramp having a greater surface area than the first face (see Figs. 1 and 3); and a fourth asymmetric tooth comprising a third ramp adjacent a second face (see the annotated Fig. 3 below), the third ramp having a greater surface area than the second face (see Figs. 1 and 3).
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595
897
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Regarding claim 9, Hodgkinson discloses that the contoured cutting segment further comprises a third asymmetric tooth and a fourth asymmetric tooth (see the annotated Fig. 3 provided under the discussion of claim 11).
Regarding claim 10, Hodgkinson discloses that the third asymmetric tooth is oriented such that the third asymmetric tooth is symmetric with the fourth asymmetric tooth across the center (at centerline 68) of the contoured cutting segment 30 (see paragraph 16 and the annotated Fig. 3 provided under the discussion of claim 11).
Regarding claim 11, Hodgkinson discloses that the ramp is a first ramp (see the annotated Fig. 3 below); the fourth asymmetric tooth comprises a second ramp adjacent a first face (see the annotated Fig. 3 below), the second ramp having a greater surface area than the first face (see Figs. 1 and 3); the third asymmetric tooth comprises a third ramp adjacent a second face (see the annotated Fig. 3 below), the third ramp having a greater surface area than the second face (see Figs. 1 and 3); and the second asymmetric tooth 46b comprises a fourth ramp adjacent the second end face of the contoured cutting segment 30 (see the annotated Fig. 3 below), the second asymmetric tooth formed by (i) the second end face and (ii) the fourth ramp (see the annotated Fig. 3 below).
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652
969
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Regarding claim 12, Hodgkinson discloses that the first ramp is substantially parallel to the second ramp (see the annotated Fig. 3 above, where the first and second ramps are ‘substantially’ parallel because the term ‘substantially’ is a broad term; in accordance with paragraph 67 of the Applicant’s specification, the term ‘substantially’ when applied to a structural feature such as a shape, as is the case with claim 12, is “intended to have a broad meaning” -- the plus or minus 10% standard at the beginning of paragraph 67 is not applicable to the limitation of claim 12 because claim 12 does not recite a numerical range; as disclosed by Hodgkinson, the angle between the first ramp and the second ramp is a small acute angle, such that the angle is sufficiently small to be encompassed within the scope of “substantially parallel”); and the third ramp is substantially parallel to the fourth ramp (see the annotated Fig. 3 above, where the third and fourth ramps are ‘substantially’ parallel for the same reasons as discussed above with respect to the first and second ramps).
Regarding claim 13, Hodgkinson discloses that the ramp is a first ramp; and the second asymmetric tooth 46b comprises a second ramp adjacent the second end face of the contoured cutting segment 30 (see the annotated Fig. 3 provided with respect to claim 11 above, where the annotated Fig. labels the ‘second ramp’ of claim 13 as a fourth ramp), the second asymmetric tooth 46b formed by (i) the second ramp and (ii) the second end face (see Fig. 3).
Regarding claim 14, Hodgkinson discloses a saw chain 10 comprising:
a first tie strap 28 (see the annotated Fig. 2 below);
a first drive link 24 coupled to the first tie strap 28 (see the annotated Fig. 2 below);
a second tie strap 28 coupled to the first drive link 24 (see the annotated Fig. 2 below);
a second drive link 24 coupled to the second tie strap 28 (see the annotated Fig. 2 below);
a third tie strap 28 coupled to the second drive link (see the annotated Fig. 2 below and Fig. 1; the third tie strap 28 is coupled to the second countered cutting segment 30 by connectors 32);
a first contoured cutting segment 30 coupled to the first tie strap (see the annotated Fig. 2 below), the first contoured cutting segment 30 extending between a first end face and a second end face (see the annotated Fig. 3 below; the first end face is an end face of the gullet 44a, and the second end face is an end face of the gullet 44b; the phrase ‘extending between’ does not prohibit the cutting segment 30 from also extending beyond the first and second end faces), the first end face spaced apart from the second end face in a longitudinal direction (see Fig. 3, where the ‘longitudinal direction’ is along imaginary line 56), the first contoured cutting segment 30 having a first plurality of asymmetric teeth (including teeth 46a and 46b), the first plurality of asymmetric teeth comprising:
a first asymmetric tooth 46a formed by (i) the first end face and (ii) a first ramp extending at a first acute angle from the first end face such that a first corner between the first end face and the first ramp provides an upper-most surface of the first asymmetric tooth 46a (see the annotated Fig. 3 below), and
a second asymmetric tooth 46b formed by (i) the second end face and (ii) a second ramp extending at a second acute angle from the second end face such that a second corner between the second end face and the second ramp provides an upper-most surface of the second asymmetric tooth (see the annotated Fig. 3 below); and
a second contoured cutting segment 30 coupled to the third tie strap (see the annotated Fig. 2 below), the second contoured cutting segment 30 having a second plurality of asymmetric teeth (including teeth 46a and 46b of the second cutting segment 30), the second plurality of asymmetric teeth symmetric with the first plurality of asymmetric teeth across the second tie strap (see the annotated Fig. 2 below, where the second plurality of teeth are symmetric with the first plurality of teeth across the indicated line of symmetry through a center of the second tie strap; note that the symmetry is with respect to a side view corresponding to Fig. 2 – the claimed symmetry requirement is met so long as there is at least one perspective that satisfies the ‘symmetry’ requirement).
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Regarding claim 15, Hodgkinson discloses that the second plurality of asymmetric teeth comprises a third asymmetric tooth and a fourth asymmetric tooth (see the annotated Fig. 2 above), the first asymmetric tooth is oriented such that the fourth asymmetric tooth is symmetric with the first asymmetric tooth across the second tie strap (see the annotated Fig. 2 above) and the second asymmetric tooth is oriented such that the third asymmetric tooth is symmetric with the second asymmetric tooth across the second tie strap (see the annotated Fig. 2 above).
Regarding claim 17, Hodgkinson discloses that the second contoured cutting segment 30 extends between a third end face and a fourth end face (see the annotated Fig. 3 below; note that ‘extending between’ does not preclude also extending beyond; moreover, the end faces are end faces of the respective gullets 44a and 44b), the third end face spaced apart from the fourth end face in the longitudinal direction (see the annotated Fig. 3 below); the third asymmetric tooth comprises a third ramp (see the annotated Fig. 3 below), the third asymmetric tooth formed by (i) the third end face and (ii) the third ramp (see the annotated Fig. 3 below); and the fourth asymmetric tooth comprises a fourth ramp (see the annotated Fig. 3 below), the fourth asymmetric tooth formed by (i) the fourth end face and (ii) the fourth ramp (see the annotated Fig. 3 below).
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Regarding claim 19, Hodgkinson discloses that the first plurality of asymmetric teeth comprises a third asymmetric tooth (see the annotated Fig. 2 below); and the second plurality of asymmetric teeth comprises a fourth asymmetric tooth, a fifth asymmetric tooth, and a sixth asymmetric tooth (see the annotated Fig. 2 below); wherein the first asymmetric tooth is oriented such that the sixth asymmetric tooth is symmetric with the first asymmetric tooth across the second tie strap (see the annotated Fig. 2 below), the second asymmetric tooth is oriented such that the fifth asymmetric tooth is symmetric with the second asymmetric tooth across the second tie strap (see the annotated Fig. 2 below), and the third asymmetric tooth is oriented such that the fourth asymmetric tooth is symmetric with the third asymmetric tooth (see the annotated Fig. 2 below).
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630
1005
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Regarding claims 21 and 24, Hodgkinson discloses that the first end face is parallel to the second end face (in the annotated Fig. 3 below, the sides of the rectangle extend along the first and second end faces).
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Regarding claims 22 and 25, Hodgkinson discloses that the first end face and the second end face are each orthogonal to the longitudinal direction (see the annotated Fig. 3 above, where the ‘longitudinal direction’ is along imaginary line 56 and the first and second end faces extend along the sides of the rectangle).
Regarding claim 27, Hodgkinson discloses a cutting segment 30 comprising:
a first end face (see the annotated Fig. 3 below, where the end face is an end face of the gullet 44a of the cutting segment 30);
a second end face spaced apart from the first end face (see the annotated Fig. 3 below; the second end face is an end face of the gullet 44b), the cutting segment 30 extending from the first end face to the second end face along a longitudinal direction (see the annotated Fig. 3, where the ‘longitudinal direction’ is along imaginary line 56; also ‘extending from’ does not prohibit the cutting segment 30 to also extend beyond the first and second end faces); and
a first tooth 46a formed by (i) the first end face and (ii) a ramp (see the ‘first ramp’ in the annotated Fig. 3 below) extending at an acute angle from the first end face such that a corner between the first end face and the ramp provides an upper-most point of the first asymmetric tooth 46a (see annotated Fig. 3 below, where the corner is at the junction of the first end face and the ramp).
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Regarding claim 28, Hodgkinson discloses that the first end face is parallel to the second end face (see the annotated Fig. provided for claims 21 and 24 above).
Regarding claim 29, Hodgkinson discloses that the first end face and the second end face are each orthogonal to the longitudinal direction (see the annotate Fig. provided for claims 21 and 24 above).
Allowable Subject Matter
Claims 23 and 26 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. The following is a statement of reasons for the indication of allowable subject matter: Each of claims 23 and 26 requires, “wherein a vertical height of the first asymmetric tooth, the second asymmetric tooth, the third asymmetric tooth, and the fourth asymmetric tooth are equal”. Although the cutting segments of Hodgkinson each include four asymmetric teeth, the vertical heights of the teeth are not equal. Moreover, Hodgkinson at paragraph 16 teaches away from providing the four teeth with equal heights, since teeth 46a and 46b are required to have a shorter height than the central teeth in order to expose corners 50 and 52. As such, there is no motivation to provide the four teeth of the cutting segments of Hodgkinson with an equal height, and claims 23 and 26 are distinguishable over Hodgkinson.
Response to Arguments
As a result of Applicant’s amendments to claims 7 and 14, Applicant’s arguments beginning at page 14 of the Remarks filed 17 June 2026 with respect to the rejection(s) of claim(s) 7 and 14 as being anticipated by Michelon have been fully considered and are persuasive. The examiner agrees that Michelon fails to disclose “a ramp extending at an acute angle from the first end face such that a corner between the first end face and the ramp provides an upper-most point of the first asymmetric tooth” as required by claim 7 and “a first ramp extending at a first acute angle from the first end face such that a first corner between the first end face and the first ramp provides an upper-most surface of the first asymmetric tooth” as required by claim 14. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Hodgkinson as set forth above.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 EVAN H MACFARLANE whose telephone number is (303)297-4242. The examiner can normally be reached Monday-Friday, 7:30AM to 4:00PM MT.
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.
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/EVAN H MACFARLANE/Examiner, Art Unit 3724
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