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 action is in response to the application filed on 02/13/26.
Claims 1-20 are pending and have been examined.
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) 14-16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Schaer (6,178,642).
Regarding claim 14, Schaer discloses a method of operating a power tool, comprising: receiving a motor activation signal (i.e. on-off switching button 16 associated with the rear main handle 14 wherein actuation of the button 16 together with actuation button 26 closes the motor power supply circuit to initiate operation of the tool; fig. 1); detecting engagement of a first presence sensor (first operator actuated switching arrangement associated with rear handle 14); detecting engagement of a second presence sensor (via button element 26); activating a motor of the power tool based on engagement of the first and second presence sensors (simultaneous actuation of the buttons 16 and 26 is required to close the power-supply circuit and operate the motor); and deactivating the motor based on disengagement of one or both of the first and second presence sensors (dead-man switch D is configured to interrupt the motor operating circuit upon release of the auxiliary handle button 26; Figs. 4-5).
Regarding claims 15-16, Schaer discloses a housing including the motor (not shown numerically), a work element (20), and a handle (14), wherein activating the motor comprises activating the work element.
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.
Claims 1-3, 8-9, 11-12 and 17-18 are rejected under 35 U.S.C. §103 as being unpatentable over Schaer (6,178,642) in view of Kirchner (7,795,882).
Regarding claims 1-3, 9 and 11-12, Schaer discloses a power tool comprising a housing (12), a work element (20) extending from the housing. Schaer further discloses a handle assembly including a rear main handle (14) and a forward auxiliary handle (22). Schaer further discloses a first switching button (16) associated with the rear main handle (14) and a second switching button element (26) associated with the auxiliary handle (22). Schaer teaches that the operator grasps the rear handle with one hand and the auxiliary handle with the other hand, and that simultaneous actuation of the switching button (16) and button element (26) closes a motor power-supply circuit to operate the work element. Schaer additionally discloses a dead-man switch (D) actuated through a mechanical arrangement including a cable line (42), cam disc (52), and plunger (56). Upon release of the auxiliary-handle button element (26), the mechanism returns to its neutral position and the dead-man switch interrupts the operating circuit (i.e. deactivating the motor), and a power source (18).
Thus, Schaer teaches a motor-driven hedge trimmer having first and second operator-actuated safety switching arrangements associated with respective handles, wherein motor operation requires engagement at both handles. Schaer does not expressly disclose first and second electronic operator-presence sensors configured to provide engagement data to a controller for controlling motor operation. However, Kirchner discloses an operator-sensing circuit for motorized power equipment comprising capacitive sensing elements (112), a multiplexer (116), a charge sensor (118), a microcontroller (120), and a motor shutdown circuit (122; fig. 5). Kirchner further teaches arranging capacitive sensing elements at respective hand-gripping surfaces to detect operator engagement. The microcontroller processes signals associated with the capacitive sensing elements and controls the motor shutdown circuit in response to the detected operator-presence conditions. Kirchner particularly teaches that, for dangerous motorized equipment having two hand-gripping surfaces, such as a chainsaw, motor operation may be terminated when either required gripping surface is detected to be in a hands-off condition. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the two-hand safety switching arrangement of Schaer by incorporating the capacitive operator-presence sensing and electronic motor-control arrangement taught by Kirchner in order to provide an alternative means for detecting operator engagement at the respective handles while maintaining the two-hand safety function already disclosed by Schaer.
Regarding claim 8, Schaer discloses a motor-driven hedge clipper (10) having a machine housing (12), an electric motor, a reciprocating cutting unit (20), a rear main handle (14), and a forward auxiliary handle (22). Schaer further teaches that the rear handle (14) includes a switching button (16) and that the auxiliary handle (22) includes a button element (26), wherein simultaneous actuation of both elements is required to operate the hedge clipper. Kirchner teaches capacitive operator-presence sensing elements disposed at respective hand-gripping surfaces and electronically coupled to a microcontroller and motor shutdown circuitry. It would have been obvious to one of ordinary skill in the art to incorporate the capacitive operator-presence sensing arrangement of Kirchner into the rear main handle (14) and forward auxiliary handle (22) of the hedge clipper disclosed by Schaer in order to provide electronic detection of operator engagement at both handles while retaining the two-hand safety arrangement expressly taught by Schaer.
Regarding claims 17-18, Schaer discloses a power tool comprising a hedge clipper (10) having an electric motor and a two-hand safety switching arrangement including switching button (16) and button element (26); a control assembly for a power tool comprising at least one presence sensor (a mechanical operator-actuated switching elements), but does not expressly disclose an electronic presence sensor and controller. Kirchner discloses capacitive sensing elements (112) communicatively coupled to a microcontroller (120) through a multiplexer (116) and charge sensor (118); receiving data indicative of operator engagement with the at least one presence sensor (receiving signals from capacitive sensing elements indicative of operator contact with hand-gripping surfaces determining hands-on and hands-off conditions based on signals from the capacitive sensing elements); determining, using the data, that the power tool is in an engaged state based on user engagement with the at least one presence sensor or in a disengaged state based on user disengagement with the at least one presence sensor (determining hands-on and hands-off conditions based on signals from the capacitive sensing elements); and controlling operation of at least one motor operably coupled to the controller based on the power tool being in the engaged state (controlling motor operation through motor shutdown circuitry 122 based on detected operator-presence conditions). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the capacitive operator-presence sensing and electronic motor-control arrangement of Kirchner into Schaer's power tool to provide electronic detection of operator engagement while maintaining the known operator-presence safety function.
Claim 10 are rejected under 35 U.S.C. §103 as being unpatentable over Schaer (US 6,178,642 B1) in view of Kirchner et al. (7,795,882), as applied in claim 9 above, and further in view of Kono et al. (2023/0016087).
Regarding claim 10, the modified invention of Schaer discloses the invention substantially as claimed comprising a power source (though cable 18 of Scher), but fails to discloses wherein the power source if removably couplable to the housing. Kono discloses a trimming machine comprising a removable battery (100) attached to the housing for the purposes of facilitating cordless operation of the machine and permitting removal of the battery for charging or replacement. It would have been obvious to one having ordinary skills in the art before the effective filling date of the invention to have provide the modified invention of Schaer further having a removable battery as taught by Kono in order to of facilitate cordless operation of the machine and permit removal of the battery for charging or replacement.
Allowable Subject Matter
Claims 4-7, 13 and 19-20 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHELLE LOPEZ whose telephone number is (571)272-4464. The examiner can normally be reached Monday thru Friday 8:30 am to 4:30 pm.
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/MICHELLE LOPEZ/ Primary Examiner, Art Unit 3731
