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 .
Specification
Applicant is reminded of the proper content of an abstract of the disclosure.
A patent abstract is a concise statement of the technical disclosure of the patent and should include that which is new in the art to which the invention pertains. The abstract should not refer to purported merits or speculative applications of the invention and should not compare the invention with the prior art.
If the patent is of a basic nature, the entire technical disclosure may be new in the art, and the abstract should be directed to the entire disclosure. If the patent is in the nature of an improvement in an old apparatus, process, product, or composition, the abstract should include the technical disclosure of the improvement. The abstract should also mention by way of example any preferred modifications or alternatives.
Where applicable, the abstract should include the following: (1) if a machine or apparatus, its organization and operation; (2) if an article, its method of making; (3) if a chemical compound, its identity and use; (4) if a mixture, its ingredients; (5) if a process, the steps.
Extensive mechanical and design details of an apparatus should not be included in the abstract. The abstract should be in narrative form and generally limited to a single paragraph within the range of 50 to 150 words in length.
See MPEP § 608.01(b) for guidelines for the preparation of patent abstracts.
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided.
The abstract of the disclosure is objected to because “are provided” should be removed. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
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 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Haneda et al. (U.S. Patent 10,406,713), herein referred to as Haneda.
In regards to claim 1, Haneda discloses a chainsaw, comprising: a guide bar (21) comprising an outer track; a chain (22) movably coupled to the outer track (21); a motive device (electric motor 23) operable to move the chain (22) relative to the guide bar (21); a housing (11) defining an interior, wherein at least a portion of the guide bar (22) and at least a portion of the motive device (23) are disposed in the interior (see Figs. 3/5) , the housing (11) comprising an upper surface (25) and a lower surface (bottom of housing 11) spaced apart along a vertical axis, a first side surface (left side of housing) and a second side surface (right side of housing) spaced apart along a lateral axis, and a front surface and a rear surface spaced apart along a longitudinal axis; and a battery interface (25) disposed on the housing at the upper surface (fig. 12).
In regards to claims 2, Haneda discloses a brake (near 11; fig. 12) mounted within the interior below the battery interface (25).
In regards to claim 3, Haneda discloses a battery (31), the battery (31) removably coupled to the housing by the battery interface (25), the battery being disposed at a downward angle in a direction from the rear surface towards the front surface relative to the longitudinal axis (see Fig. 12).
In regards to claim 5, Haneda discloses further comprising: a battery (31), the battery removably coupled to the housing by the battery interface (25); and a secondary handle (15) mounted to the housing and extending over the battery (31; depending on how the chainsaw is being held, the handle 15 can be positioned vertically over the handle 15).
Claims 1-2, 5-8, 10-14, and 16-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kachi et al. (U.S. Publication 2023/0099820), herein referred to as Kachi.
In regards to claim 1, Kachi discloses a chainsaw, comprising: a guide bar (6) comprising an outer track; a chain (8) movably coupled to the outer track (6); a motive device (46) operable to move the chain (8) relative to the guide bar (6); a housing (24) defining an interior, wherein at least a portion of the guide bar (6) and at least a portion of the motive device (46) are disposed in the interior , the housing (24) comprising an upper surface (fig. 4) and a lower surface (bottom of housing 24) spaced apart along a vertical axis, a first side surface (left side of housing) and a second side surface (right side of housing) spaced apart along a lateral axis, and a front surface and a rear surface spaced apart along a longitudinal axis; and a battery interface (24a) disposed on the housing at the upper surface (fig. 4).
In regards to claims 2, Kachi discloses a brake (138) mounted within the interior below the battery interface (fig. 11).
In regards to claim 5, Kachi discloses further comprising: a battery (B), the battery removably coupled to the housing by the battery interface (24a); and a secondary handle (16) mounted to the housing and extending over the battery (B);
In regards to claim 6, Kachi discloses wherein the housing defines an air intake (24f) upstream from the interior and an air exhaust (24g) downstream from the interior, the air exhaust being defined below the air intake (fig. 2).
In regards to claim 7, Kachi discloses a primary handle (26) extending rearward from the housing in a direction opposite guide bar, wherein the air intake (24f) is defined through the housing between the primary handle and the lower surface, and wherein the air exhaust (24g) is defined through the lower surface (see Fig. 2).
In regards to claim 8, Kachi discloses a printed circuit board (34) disposed within the interior in fluid communication between the air intake and the air exhaust.
In regards to claim 10, Kachi discloses a sub-enclosure (motor housing 66) disposed within the interior in fluid communication between the air intake (24f) and the air exhaust (24g); and a fan (cooling fan 62) mounted to the motive device (46) within the sub-enclosure (66).
In regards to claim 11, Kachi discloses a lubrication system that provides lubricant to the chain, the lubrication system comprising: a reservoir (oil tank 46) housing the lubricant, a pump (50) in mechanical communication with the motive device (46) to be driven by the same, and an output (e.g. outlet tube 146) configured to supply the lubricant to the guide bar and the chain.
In regards to claim 12, Kachi discloses a chainsaw, comprising: a guide bar (6) comprising an outer track; a chain (8) movably coupled to the outer track; a housing (24) defining an interior, wherein at least a portion of the guide bar (6) is disposed in the interior, the housing comprising an upper surface and a lower surface spaced apart along a vertical axis, a first side surface and a second side surface spaced apart along a lateral axis, and a front surface and a rear surface spaced apart along a longitudinal axis, the housing defining an air intake (air inlet 24f) upstream from the interior and an air exhaust (air outlet 24g) downstream from the interior, the air exhaust being defined below the air intake (fig. 2); and a motive device (motor 46) mounted within the interior in fluid communication between the air intake(24f) and the air exhaust (24g), the motive device being operable to move the chain relative to the guide bar.
In regards to claim 13, Kachi discloses comprising a primary handle (rear handle 26) extending rearward from the housing in a direction opposite guide bar (6), wherein the air intake (24f) is defined through the housing (24) between the primary handle (26) and the lower surface (surface aligned with 24g), and wherein the air exhaust (24g) is defined through the lower surface.
In regards to claim 14, Kachi discloses a printed circuit board (control unit 34) disposed within the interior in fluid communication between the air intake (24f) and the air exhaust (24g).
In regards to claim 16, Kachi discloses a sub-enclosure (motor casing 66) disposed within the interior in fluid communication between the air intake (24f) and the air exhaust (24g); and a fan (cooling fan 62) mounted to the motive device (46) within the sub-enclosure (66).
In regards to claim 17, Kachi discloses a lubrication system that provides lubricant to the chain, the lubrication system comprising: a reservoir (oil tank 48) housing the lubricant, a pump (oil pump 50) in mechanical communication with the motive device (46) to be driven by the same, and an output (outlet tube 146) configured to supply the lubricant to the guide bar and the chain.
In regards to claim 18, Kachi discloses a chainsaw (2), comprising: a guide bar (6) comprising an outer track; a chain (8) movably coupled to the outer track; a housing (24) defining an interior, wherein at least a portion of the guide bar (6) is disposed in the interior, the housing (24) comprising an upper surface and a lower surface spaced apart along a vertical axis, a first side surface and a second side surface spaced apart along a lateral axis, and a front surface and a rear surface spaced apart along a longitudinal axis; a motive device (motor 46) mounted within the interior and operable to move the chain (8) relative to the guide bar (6)3; and a lubrication system (fig. 6) that provides lubricant to the chain, the lubrication system comprising: a reservoir (oil tank 48) housing the lubricant, a pump (oil pump 50) in mechanical communication with the motive device (46) to be driven by the same, and an output (outlet tube 146) configured to supply the lubricant to the guide bar and the chain (see paragraphs [0051 and 0077]).
In regards to claim 19, Kachi discloses: a sub-enclosure (motor casing 66) disposed within the interior in fluid communication between an air intake (air intake opening 66a) and an air exhaust (air exhaust opening 14c); and a fan (cooling fan 62) mounted to the motive device (motor 46) within the sub-enclosure proximal to the first side surface, wherein the pump is disposed proximal to the second side surface (see Fig.7, the fan and the pump are on opposite sides of the motor).
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 4 is rejected under 35 U.S.C. 103 as being unpatentable over Haneda et al. (U.S. Patent 10,406,713), herein referred to as Haneda.
In regards to claim 4, Haneda discloses the claimed invention but does not positively set forth the downward angle of the battery and therefore does not positively disclose wherein the angle is between 2 degrees and 25 degrees, although the illustrated embodiment appears to depict an angle falling within or very near the claimed range of 2 degrees to 25 degrees. However, the particular downward angle of the battery is a results effective variable affecting battery attachment, removal, retention and packaging within the housing. One of ordinary skill in the art would have recognized that the angle could be varied to balance ease of insertion/removal with retention of the battery during operation. It would have been obvious to one having ordinary skill in the art to optimize the angle through routine experimentation to achieve the desired attachment and retention characteristics which would have resulted in selecting an angle within the claimed range absent a showing of criticality or unexpected results associated with the recited range.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Haneda et al. (U.S. Patent 10,406,713), herein referred to as Haneda in view of Kachi et al. (U.S. Publication 2023/0099820), herein referred to as Kachi.
In regards to claim 11, Haneda discloses the claimed invention except is silent as to a lubrication system and therefore does not disclose a lubrication system that provides lubricant to the chain, the lubrication system comprising: a reservoir housing the lubricant, a pump in mechanical communication with the motive device to be driven by the same, and an output configured to supply the lubricant to the guide bar and the chain. Attention is directed to the Kachi chainsaw that utilizes a battery and a lubrication system for providing oil to the chain. Kachi discloses a lubricant system including an oil tank (48), a pump (50) driven by the motive device through worm gear (150) and an output that supplies lubricant to the guide bar and chain (see paragraphs [0051 and 0077]). It would have been obvious to one having ordinary skill in the art to incorporate the lubrication system of Kachi into the battery powered chainsaw of Haneda in order to provide lubricant to the guide bar and chain during operation. Providing lubricant to the guide bar and chain reduces friction and wear between the chain and guide bar, improves cutting performance, and extends component life.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Kachi et al. (U.S. Publication 2023/0099820), herein referred to as Kachi in view of Haneda et al. (U.S. Patent 10,406,713), herein referred to as Haneda.
In regards to claim 3, Kachi discloses a battery (B), the battery removably coupled to the housing by the battery interface (24a), the battery interface disposed at a downward angle. Kachi does not disclose that the battery interface is disposed at a downward angle from the rear surface towards the front surface relative to the longitudinal axis. Haneda sets forth a chain saw with multiple embodiments for placement of the battery. In one embodiment, Haneda discloses providing the battery in a vertical orientation such as shown in Figure 10. Alternatively, Haneda discloses providing the battery in a mostly vertical orientations but angled towards the front surface as similarly shown in Figure 11. In a third embodiment, Haneda demonstrates, rotating the orientation of the battery so that the battery interface is more horizontally located across the top of the housing, while angled toward the front surface. Haneda demonstrates that the battery may be arranged in a variety of orientations relative to the housing, including vertically, forwardly angled, and substantially horizontal configurations. Thus, Haneda teaches that the orientation of the battery interface may be selected according to the packaging and configuration requirements of the chainsaw. that many battery interface orientations are known in the art. It would have been obvious to one having ordinary skill in the art to have modified the orientation of the Kachi battery interface in accordance with the forwardly angled arrangement (e.g. Fig. 10 or 11) as taught by Haneda in order to accommodate an alternative battery placement within the housing while achieving the predicable result of positioning the battery in a known orientation used in chainsaws.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Kachi et al. (U.S. Publication 2023/0099820), herein referred to as Kachi in view of Haneda et al. (U.S. Patent 10,406,713), herein referred to as Haneda.
In regards to claim 4, the modified device of Kachi discloses the claimed invention but does not positively set forth the downward angle of the battery and therefore does not positively disclose wherein the angle is between 2 degrees and 25 degrees, although the illustrated embodiment appears to depict an angle falling within or very near the claimed range of 2 degrees to 25 degrees. However, the particular downward angle of the battery is a results effective variable affecting battery attachment, removal, retention and packaging within the housing. One of ordinary skill in the art would have recognized that the angle could be varied to balance ease of insertion/removal with retention of the battery during operation. It would have been obvious to one having ordinary skill in the art to optimize the angle through routine experimentation to achieve the desired attachment and retention characteristics which would have resulted in selecting an angle within the claimed range absent a showing of criticality or unexpected results associated with the recited range.
Claims 9 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Kachi et al. (U.S. Publication 2023/0099820), herein referred to as Kachi in view of Markus et al. (U.S. Publication 2023/0211519).
In regards to claims 9 and 15, Kachi discloses wherein the control unit 34 has a printed circuit board, but does not disclose that the board is disposed at an angle between 10 degrees and 20 degrees relative to the longitudinal axis. Markus teaches positioning the printed circuit board in an angled orientation within the chainsaw housing to facilitate cooling of the electronics. In Markus, the board is arranged such that it extends about 10 degrees relative to the longitudinal axis of the chainsaw as shown by AN2 and AN4 (paragraphs [0027,0031]). It would have been obvious to one of ordinary skill in the art to orient Kachi’s printed circuit board in the same angled housing-relative orientation taught by Markus to facilitate cooling of the electronics during operation, as taught by Markus, thereby obtaining the predictable benefit of improved thermal management of the electronic components.
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Kachi et al. (U.S. Publication 2023/0099820), herein referred to as Kachi in view of Schliemann (U.S. Patent 5,184,403)
In regards to claim 20, Kachi discloses wherein the motive device (motor 46) comprises a motor shaft (60), wherein the pump (50) comprises a piston disposed within the housing, a bias spring configured to bias the piston in a first direction, and a gear (worm gear 150) configured to operably couple with the motor shaft to drive movement of the piston. Kachi discloses the claimed invention but is silent as to the mechanics of the pump and therefore does not disclose a spring to bias the piston. Schliemann sets forth a pump driven being driven by the drive motor, such that the pump stroke of the piston 22 is driven against the force of a spring 19 and the oil is supplied to the guide groove of the cutter bar. As both Kachi and Schliemann are concerned with a driven pump for supplying oil to the cutter chain, it would have been obvious to one having ordinary skill in the art to have utilized a driven piston and spring in the Kachi pump as demonstrated by Schliemann.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892.
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