CTNF 19/028,033 CTNF 82072 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia 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 § 103 07-20-aia AIA 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. 07-23-aia AIA The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. 07-21-aia AIA Claim( s) 1-6, and 8-20 are r ejected under 35 U.S.C. 103 as being unpatentable over S umake Weld-Bead Cutter (ST-CT400-3, User manual, Dated 12/2022, ‘Sumake’ herein) in view of Duncan (US 12,021,437). S umake Weld-Bead Cutter (ST-CT400-3) discloses a weld bead cutter that is essentially the same as applicant’s weld bead cutter in the details of the cutting / grinding mechanism, as plainly evident: Sumake disassembled: PNG media_image1.png 409 746 media_image1.png Greyscale Sumake assembled: PNG media_image2.png 259 292 media_image2.png Greyscale As compared to applicant’s submission: PNG media_image3.png 407 712 media_image3.png Greyscale Regarding claim 1, Sumake shows clearly (above) a weld bead cutter comprising: a body comprising: a first end; and a second end opposing the first end; a cutting head (44) coupled to the first end of the body, the cutting head comprising: a cutter comprising an outer surface configured to remove material (See 44, inter alia, Sumake). Sumake does not use a battery receptacle positioned on the body, because Sumake is an air tool (pneumatic power, rather than battery/electrical). Sumake discloses a motor (18) supported within the body, the motor engaged with a drive shaft (46), wherein the drive shaft provides movement to the cutting head (ass seen in disassembled form) but does not disclose and a battery coupled to the battery receptacle, the battery configured to supply power to the motor. The difference between the application and the Sumake device is in the selection of power source and motor type—and nothing else. Once the change has been made to select battery power all the details of the present application in service of that selection naturally flows. Battery power is known to be used in hand tools to improve portability of the tool, as battery tools can go further away from an ‘air’ source (pneumatic source) to achieve their functions, and benefit from a lack of cords or tubing present in the work environment. Specifically, Duncan discloses the use of a battery in a battery compartment in the handle of a hand tool for grinding or the like : “the handle 14 defines a battery receptacle 54 , which is positioned on an end of the handle 14 opposite the motor housing 12 . The battery receptacle 54 is configured to selectively mechanically and electrically connect to a rechargeable battery pack (not shown) for powering the motor 20 (FIG. 14 ). The battery pack is insertable into the battery receptacle 54 such that, when inserted, the battery pack may be oriented along the second axis 18 . Alternatively, in another embodiment of the die grinder 10 , the battery pack may be slidably coupled to the battery receptacle along an axis that is transverse to the second axis 18 . The battery pack may include any of a number of different nominal voltages (e.g., 12V, 18V, etc.), and may be configured having any of a number of different chemistries (e.g., lithium-ion, nickel-cadmium, etc.). In alternative embodiments (not shown), the motor 20 may be powered by a remote power source (e.g., a household electrical outlet) through a power cord. The handle 14 further contains control electronics for the grinder 10 (e.g., a PCBA 56 , a microswitch 58 , etc.). (36) The handle 14 supports a trigger assembly 60 operable to selectively electrically connect the power source (e.g., the battery pack) and the motor 20 . The trigger assembly 60 is a “lock-off” trigger assembly having a paddle member 62 and a lock-off member 64 supported by the paddle member 62 . The paddle member 62 is operable to actuate the microswitch 58 (FIG. 5 ) to selectively activate and deactivate the motor 20 during operation of the die grinder 10 . The lock-off member 64 selectively prevents operation of the paddle member 62 . Specifically, the lock-off member 64 is pivotable to selectively lock and unlock the paddle member 62 .” (Col 4 line 65- Col 5 line 22). Regarding claims 2-5, see foot of Sumake (above). Regarding claim 6, Sumake shows a gear box positioned between the body and the cutting head, wherein the gear box engages the drive shaft, and wherein a belt drive transfers a torque from the gear box to the cutter. This could be retained or modified in light of the use of a different motor type and power source as seen in Duncan (above). Regarding claim 8, see the raked tooth cutter wheel shown in Sumake- above. Claims 9-20 are rejected on the same grounds as above. The adjustment of angles, etc. being within the level of ordinary skill as shown in those references. Choosing a particular angle (in any claim limitation) does not impact the function of the device, and is simply a positioning of the part for comfort or for the particular use; and gearing is known to be shown in the right angle and straight configurations as shown . 07-22-aia AIA Claim( s) 7 i s/are rejected under 35 U.S.C. 103 as being unpatentable over S umake Weld-Bead Cutter (ST-CT400-3, User manual, Dated 12/2022, ‘Sumake’ herein) in view of Duncan (US 12,021,437) a s applied to claims 1-6, and 8-20 a bove, and further in view of Z ahn (US 2016/0172641). R egarding claim 7 Sumake or Duncan does not use “the gear box is a planetary gear box.” Planetary gear boxes are foundational and ubiquitous in the hand tool art. Zahn evidences this: “[0023] Within the scope of the present patent application, a hand-held power tool is generally understood to mean all hand-held power tools which include a tool carrier which may be set into rotation or translation and which is directly drivable by a drive motor via a gear or via a planetary gear , for example pen-shaped screwdrivers, cordless drills, percussion drills, multifunction tools, saws, shears, grinders, and/or screw drills” In that context it is prima facie obvious to replace any gear with a planetary gear, since doing so is one expedient gearing to do what gears do—change the torque and speed ratio of an input relative to an output. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to SEAN M MICHALSKI whose telephone number is (571)272-6752. The examiner can normally be reached Typically M-F 6a-3:30p East Coast Time. 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. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. SEAN M. MICHALSKI Primary Examiner Art Unit 3724 /SEAN M MICHALSKI/Primary Examiner, Art Unit 3724 Application/Control Number: 19/028,033 Page 2 Art Unit: 3724 Application/Control Number: 19/028,033 Page 3 Art Unit: 3724 Application/Control Number: 19/028,033 Page 4 Art Unit: 3724 Application/Control Number: 19/028,033 Page 5 Art Unit: 3724 Application/Control Number: 19/028,033 Page 7 Art Unit: 3724
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