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 . This office action is in response to the amendment filed on 07/29/2026 in which claims 1-3, 5-17, 20-23 are pending, claims 21-23 are new and claims 1, 3, 8, 12, 13, 17, and 20 are currently amended.
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 20 is 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 20 recites, “wherein the yoke extends along a first side of the headbox, a top of the headbox opposite of the underside of the housing, and a second side of the headbox opposite the first side of the headbox the top of the headbox extending from the first side of the headbox to the second side of the headbox.” It appears that the Applicant is trying to state that the yoke extends along the first side, second side, and along the top of the headbox, and wherein the top of the headbox is defined as extending from the first side to the second of the headbox. However, the claim is missing some prepositions or transitional phrases. It is suggested to state that --wherein the headbox comprises a first side, a second side opposite the first side, and a top extending from the first side to the second side, the top being disposed opposite the underside of the housing; and wherein the yoke extends along the first side, the top and the second side.--
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, 7 and 21 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zhou et al. (U.S. Patent 9,061,410).
In regards to claim 1, Zhou discloses a power tool, comprising: a housing (7); a motor (not shown) in the housing (7); a clamp assembly operatively driven by the motor in an oscillating motion about an oscillating axis, the clamp assembly (clamp device 200) comprising a first blade clamp (8) and a second blade clamp (4) opposing the first blade clamp (8), the clamp assembly configured to selectively hold a power tool accessory (1) between the first blade clamp (8) and the second blade clamp (4); a yoke (15; fig. 3) operatively coupled to the second blade clamp (4) and configured to move the second blade clamp (4) relative to the first blade clamp (8); a clamp actuator (2) connected to the yoke (15) and configured moveable in a first direction (e.g. down Fig 1-2) to drive the yoke (15) and thereby move the second blade clamp (4) relative to the first blade clamp (8) in a second direction (up) opposite of the first direction (down); a headbox; and an output spindle (6) at least partially disposed in the headbox; headbox (7), wherein the yoke (15) extends along a first side of the headbox and a second side of the headbox opposite the first side of the headbox.
In regards to claim 2, Zhou discloses wherein the yoke (15) has a generally upside-down U-shape (depends on how the U-shaped yoke is viewed).
In regards to claim 3, Zhou discloses wherein the clamp actuator is rotatable about a pivot axis that is rearward of the oscillating axis.
In regards to claim 5, Zhou discloses wherein the first blade clamp (8) is formed integrally as one piece with the output spindle (6).
In regards to claim 7, Zhou discloses a wherein the second blade clamp (8) is removable in a tool-free manner (toothed portion 85).
In regards to claim 21, Zhou discloses a blade clamp shaft (81) extending in an interior of the output spindle (6), wherein the first blade clamp (8) is associated with the output spindle (6), and the second blade clamp (4) is associated with the blade clamp shaft (81).
Claims 8-11, 22 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chevron (DE202013104204).
In regards to claim 8, Chevron discloses a power tool (1), comprising: a housing(2); a motor (4) in the housing; a clamp assembly operatively driven by the motor in an oscillating motion about an oscillating axis (X; fig.2), the clamp assembly comprising a first blade clamp (12) and a second blade clamp (15) opposing the first blade clamp, the clamp assembly (71/72 /131) configured to selectively hold a power tool accessory (blade 9; fig. 3) between the first blade clamp (71) and the second blade clamp (72); and a clamp lever (11; fig.1/2 and 6) disposed at an underside of the housing (2) and adjacent to the clamp assembly (71/72), wherein the clamp lever (11) is moveable in a first direction (vertically up; per fig. 2) to pivot the clamp lever about a pivot axis (rotation axis 12) and thereby move the second blade clamp (13/131) relative to the first blade clamp (71) in a second direction (vertically down) opposite of the first direction (vertically up).
In regards to claim 9, Chevron discloses wherein the pivot axis (12) is rearward of the oscillating axis (X).
In regards to claim 10, Chevron discloses wherein the pivot axis (12) is perpendicular to the oscillating axis (X).
In regards to claim 11, Chevron discloses wherein the second blade clamp (13/131) is removable (from its clamping position) in a tool-free manner (via actuation of drive element 11).
In regards to claim 22, Chevron discloses an output spindle at least partially in the housing (2); and a blade clamp shaft (13) extending in an interior of the output spindle (7), wherein the first blade clamp (71) is associated with the output spindle (7), and the second blade clamp (131) is associated with the blade clamp shaft (13).
Claims 12-17, 20 and 23 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Luscher et al. (U.S. Publication), herein referred to as Luscher.
In regards to claim 12, Luscher discloses a power tool, comprising: a housing (58a); a motor (drive 66a) in the housing; a headbox at least partially in the housing; an output spindle (output shaft 16a) at least partially in the headbox (30a); a blade clamp shaft (pivot shaft 70a or alternatively 76a ) extending in an interior of the output spindle; a first blade clamp (20a) associated with the output spindle (16a); a second blade clamp (22a) associated with the blade clamp shaft (76a); and a yoke (clamping fork 78a) configured to translate relative to the headbox and thereby move the second blade clamp (22a) away from the first blade clamp (20A;paragraph [0060])
In regards to claim 13, Luscher discloses a pusher spindle (76a) between the yoke (78a) and the blade clamp shaft (pivot shaft 70a).
In regards to claim 14, Luscher discloses a connector spindle (88a) between the pusher spindle (76a) and the blade clamp shaft (pivot shaft 70a), wherein motion of the yoke (78a) is transferred to the second blade clamp (22a) through the pusher spindle (76a) and the connector spindle (88a).
In regards to claim 15, Luscher discloses a clamp spring (80a) between a portion of the output spindle (16a) and a portion of the connector spindle (88a).
In regards to claim 16, Luscher discloses wherein the second blade clamp (22a) is removable (from clamp 20a) in a tool-free manner (via 26a).
In regards to claim 17, Luscher discloses a user actuatable clamp lever (26a) configured to move the yoke (78a), wherein the clamp lever (26a) is disposed at an underside of the housing adjacent to the first and second blade clamps (20a/20b; as shown in Fig 1a; the clamp lever and clamps are at the front side of the tool. The claims do not define the underside, such that in a vertical orientation, the corded end becomes the topside and the blade end becomes the bottom side of the housing) .
In regards to claim 23, Luscher discloses a clamp lever (26a) moveable in a first direction (rotates clockwise; about pivot 28a) to move the second blade clamp (22a) relative to the first blade clamp (20a) in a second direction (e.g. counterclockwise) opposite of the first direction.
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 6 is rejected under 35 U.S.C. 103 as being unpatentable over Zhou et al. (U.S. Patent 9,061,410) in view of Chevron (DE202013104204). In regards to claim 6, Zhou discloses the claimed invention except wherein the clamp actuator (2) is disposed at an underside of the housing. Chevron sets forth a clamping arrangement for a power tool that is adjustable via a drive element 11 positioned on an underside of the housing to move the mounting flange 131 relative to the spike flange 71 to release the accessory. It would have been obvious to one having ordinary skill in the art at the time of the invention to have repositioned the clamp actuator of Zhou to an underside of the housing as demonstrated by Chevron as an alternate location that provides convenient access to the clamp actuator while permitting tool free release.
Allowable Subject Matter
Claim 20 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Response to Arguments
Applicant’s arguments with respect to claims 1-23 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 LAURA M LEE whose telephone number is (571)272-8339. The examiner can normally be reached M-F 8a.m.- 5p.m..
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/LAURA M LEE/ Primary Examiner, Art Unit 3724
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