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 the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 27-41 and 45-46 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Claim 27 claims “the grapple saw head assembly configured to complete full rotations about at least two axes of the universal joint assembly” and claim 45 claims “the grapple saw head assembly is configured to complete full rotations about at least two axes of the joint assembly”. However, the specification specifically discloses only complete rotations around the vertical axis (see for example ¶¶49-50 and 76). As such the application only teaches full rotation around a single axis (the vertical one) and not around two axes.
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 27-41 and 45-46 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. For claim 27, there is no antecedent basis for “the universal joint assembly”. For claim 45, there is no antecedent basis for “the joint assembly”.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 42 and 44 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by U.S. Patent No. 12,052,952 to Ketonen (Ketonen).
Concerning claim 42, Ketonen discloses a grapple saw system comprising:
a hydraulic power pack assembly (2); and a
grapple saw head assembly (36) coupled to the hydraulic power pack assembly (2), the grapple saw head assembly including a saw (38) configured to cut vegetation, and including grapple arms (E1 in the figure reproduced below) pivotable between an open configuration to obtain and release the vegetation, and a closed configuration to securely retain the vegetation during cutting operations,
wherein the grapple saw head assembly (36) is free from rotational constraints and configured for unlimited rotation about a vertical axis of the hydraulic power pack assembly in either of opposite rotational directions (column 4, lines 14-21).
Concerning claim 44, Ketonen discloses a joint assembly (3, 4), the grapple saw head assembly (36) coupled to the hydraulic power pack assembly (2) via the joint assembly (3, 4).
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.
Claim(s) 43 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ketonen in view of U.S. Patent No. 12,127,508 to Needham et al (Needham).
Concerning claim 43, Ketonen does not disclose a wireless controller for the grapple saw head assembly.
Needham discloses a grapple saw head assembly (18) including a saw (40) configured to cut vegetation, and including grapple arms (28) pivotable between an open configuration to obtain and release the vegetation, and a closed configuration to securely retain the vegetation during cutting operations wherein operation of the grapple saw head assembly is controlled by a wireless transmitter or receiver, or both (column 5, lines 25-42).
Because both these references are concerned with a similar problem, i.e. grapple saw head assemblies, it would have been obvious to a person of ordinary skill in the art at the time of the invention to add the wireless system of Needham to the device of Ketonen. In KSR (KSR International Co. v. Teleflex Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007)) the courts held that combination of familiar elements according to known methods is likely to be obvious when it does no more than yield predictable results. Accordingly a simple addition of he wireless system of Needham to the device of Ketonen will obtain predictable results and is therefore obvious and proper combination of the references is made. The predictable results being wireless control.
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Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. U.S. Patent No. 11,382,279 also discloses wireless control.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Matthew Katcoff whose telephone number is (571)270-1415. The examiner can normally be reached M-Th: 8-4, Fri: Flex.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Christopher Templeton can be reached at (571) 270-1477. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Matthew Katcoff/ Primary Examiner, Art Unit 3725
06/09/2026
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