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 .
DETAILED ACTION
Claim Objections
Claim 10 is objected to because of the following informalities: the limitation reading:
“an elongated transfer rod located in the hollow portion of the elongated transfer rod having a first end in a region of the cartridge attachment end region of the hollow portion and a second end abutting the pushbutton but is not securely coupled to the pushbutton”
should read:
“an elongated transfer rod located in the hollow portion of the handle, [[of]] the elongated transfer rod having a first end in a region of the cartridge attachment end region of the hollow portion and a second end abutting the pushbutton but [[is]] not being securely coupled to the pushbutton”.
Appropriate correction is required.
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 of this title, 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, 5-8 and 10-20 are rejected under 35 U.S.C. 103 as being unpatentable over USPN 2698995, Anastasia in view of USPN 1572572, Straka, and in view of USPGPUB 20080216329, Leventhal and USPGPUB 20150375408, Shorey.
Regarding Claim 1, Anatasia discloses a handle 10 for a safety razor (see title), comprising:
a body (portion of handle which encases the shaft part 20), the body having a cartridge attachment end region (upper part of handle), the body further having an elongated portion (portion which encloses the part 38) adjoined to the cartridge attachment end region (fig 3), the elongated portion having a hollow portion (interior of the handle) extending within the cartridge attachment end region and the elongated portion (fig 3), the body defining an axis and the body terminating in an opening (bottom which encases 24) normal to the axis at an opposed end of the body (See fig 3), the opposed end of the body opposing the cartridge attachment end region of the body (fig 3);
a pushbutton (24) slidably retained in the opening (figs 3-4) and movable along the axis between an at-rest position (fig. 3) and a depressed position (see fig 4, col. 2, 40-60);
an elongated transfer rod (combination of 20 and 38) located in the hollow portion (fig. 4), the elongated transfer rod having a first end (top end, including pin 38 and elongated part above pin 38) in a region of the cartridge attachment end region of the hollow portion and a second end (bottom, portion of plunger 20 below the cross pin 38 to where plunger 20 contacts the part 24) abutting the pushbutton (fig. 3)
a compression spring 40 located in the hollow portion and acting between the cartridge attachment end region and the first end of the transfer rod (fig 1) to bias the transfer rod in a direction along the axis towards the opening, the compression spring contacting the first end of the transfer rod (at pin 38); and
an ejector (combination of parts 18, 16, 14 and 22) mounted in the cartridge attachment end region (fig 4) having an outer end 18 being extendable outwardly from the cartridge attachment end region and having an inner end 22 abutting the first end of the transfer rod (fig 3);
wherein, when the pushbutton is moved from the at-rest position to the depressed position the pushbutton contacts the second end of the transfer rod to move the transfer rod along the axis in a direction towards the cartridge attachment end region against bias forces of the spring such that the first end of the transfer rod contacts the inner end of the ejector at 20 and 18 to extend the outer end of the ejector outwardly from the cartridge attachment end region of the handle (fig 4 and col. 2, 40-60).
Anastasia lacks feature I: the pushbutton abutting but not securely coupled to the pushbutton, and feature II: the blade attachment end being a cartridge attachment end.
Regarding feature I: Straka discloses a handle for a safety razor, in the same field of endeavor as the handle for a safety razor of the present invention and discloses that such a system includes a push button which engages a plunger 21 to in turn engage an ejector assembly, like the pushbutton/plunger/ejector combination of Anastasia and discloses that in such an assembly it is known to make the plunger abut but not be securely attached to the pushbutton 4.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Anastasia by making the pushbutton abutting but not securely coupled to the pushbutton in order to allow the push button alone to be replaced when it is worn, as tends to happen to parts in the mechanical arts which are repeatedly pressed, while not having to also replace the rod/plunger, since such a non-secure connection would allow for the individual replacement of the separate parts thus saving material costs during replacement.
Regarding feature II:, Leventhal discloses that a two arm razor clamp assembly similar to the razor clamp assembly of Jansson, is simultaneously capable of holding either one of a single razor or cartridge assembly while (par. 0030), while Shorey discloses that in a razor assembly that is capable of either holding a single razor blade or a single blade cartridge that it is preferable to use a cartridge in order to allow shaving debris such as hair, skin, and shaving composition to readily pass through the cartridge and thereby prevent clogging. And, the arms of Seiler are capable of holding a single razor blade or a cartridge of certain conceivable sizes (col 6, lines 60-66 and col 8 lines 1-20).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Seiler by modifying the razor to hold a razor cartridge instead of the single razor of Jansson, since Leventhal discloses that an assembly such as those of Seiler and Leventhal is capable of holding either a cartridge or a single blade while Shorey discloses that in a razor assembly that is capable of either holding a single razor blade or a single lade cartridge that it is preferable to use a cartridge in order to allow shaving debris such as hair, skin, and shaving composition to readily pass through the cartridge and thereby prevent clogging, as taught by Shorey.
In making this modification the Seiler device modified by Leventhal would include the apparatus having the blade attachment end being a cartridge attachment end, (claim 1).
Regarding Claim 2, in Anastasia the transfer rod is tubular (fig. 4).
Regarding Claim 3, in Anastasia the transfer rod is cylindrical (fig 3).
Regarding Claim 5, in Anastasia the outer end of the ejector is bifurcated (since the parts 18 branch in a forklike form).
Regarding Claim 6, in Anastasia the pushbutton is coupled to the second end of the transfer rod (fig. 3).
Regarding Claim 7, in Anastasia the handle has an obtuse angle less than 180 degrees between the hollow portion axis and an extendability direction of the ejector (see annotated fig 3 below).
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Regarding Claim 8, in Anastasia the pushbutton is retained in the hollow portion opening by a snap fit (e.g. at least by the snapping of the part 34).
Regarding Claims 10-11, Anatasia discloses:
a safety razor (see title), comprising: a handle (10) having a body, a body (portion of handle which encases the shaft part 20), the body having a cartridge attachment end region (upper part of handle), with an adjoined elongated portion (portion which encloses the part 38) having a hollow portion (inner part) extending within the cartridge attachment end region and the elongated portion (See fig 3), and the body defining an axis (longitudinal axis)
terminating in an opening (bottom opening which encases button 24) normal to the axis at an opposed end of the body (fig 4),
the opposed end of the body opposing the cartridge attachment end region of the body (fig 3);
a pushbutton 24 slidably retained in the opening (fig 3) and movable along the axis between an at-rest position (fig. 3) and a depressed position (fig. 4)
an elongated transfer rod (combination of 20 and 38) located in the hollow portion of the elongated transfer rod having a first end in a region of the cartridge attachment end region of the hollow portion (top end, including pin 38 and elongated part above pin 38) and a second end abutting the pushbutton (bottom, portion of plunger 20 below the cross pin 38 to where plunger 20 contacts the part 24)
a compression spring 40 located in the hollow portion and acting between the cartridge attachment end region and the first end of the transfer rod (fig 1) to bias the transfer rod in a direction along the axis towards the opening, the compression spring contacting the first end of the transfer rod (at pin 38); and
a compression spring 40 located in the hollow portion and acting between the cartridge attachment end region and the first end of the transfer rod (fig 1) to bias the transfer rod in a direction along the axis towards the opening, the compression spring contacting the first end of the transfer rod (at pin 38);
wherein, when the pushbutton is moved from the pushbutton's at-rest position to the pushbutton's depressed position the pushbutton contacts the second end of the transfer rod to move the transfer rod along the hollow portion axis in a direction towards the cartridge attachment end region against bias forces of the spring such that the first end of the transfer rod contacts the inner end of the ejector to extend the outer end of the ejector outwardly from the cartridge attachment end region of the handle; (fig 4 and col. 2, 40-60) and a razor cartridge mounted to the cartridge attachment end region of the handle.
Anastasia lacks FEATURE I the pushbutton abutting but not securely coupled to the pushbutton.
Regarding FEATURE I, Straka discloses a handle for a safety razor, in the same field of endeavor as the handle for a safety razor of the present invention and discloses that such a system includes a push button which engages a plunger 21 to in turn engage an ejector assembly, like the pushbutton/plunger/ejector combination of Anastasia and discloses that in such an assembly it is known to make the plunger abut but not be securely attached to the pushbutton 4.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Anastasia by making the pushbutton abutting but not securely coupled to the pushbutton in order to allow the push button alone to be replaced when it is worn, as tends to happen to parts in the mechanical arts which are repeatedly pressed, while not having to also replace the rod/plunger, since such a non-secure connection would allow for the individual replacement of the separate parts thus saving material costs during replacement.
Anastasia also lacks FEATURE II, and a razor cartridge mounted to the cartridge attachment end of the handle (claim 10) and when the ejector is extended outwardly from the cartridge attachment end of the handle it contacts the razor cartridge to eject the razor cartridge from the handle (claim 11).
Regarding FEATURE II: Leventhal discloses that a two arm razor clamp assembly similar to the razor clamp assembly of Jansson, is simultaneously capable of holding either one of a single razor or cartridge assembly while (par. 0030), while Shorey discloses that in a razor assembly that is capable of either holding a single razor blade or a single blade cartridge that it is preferable to use a cartridge in order to allow shaving debris such as hair, skin, and shaving composition to readily pass through the cartridge and thereby prevent clogging. And, the arms of Seiler are capable of holding a single razor blade or a cartridge of certain conceivable sizes (col 6, lines 60-66 and col 8 lines 1-20).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Seiler by modifying the razor to hold a razor cartridge instead of the single razor of Jansson, since Leventhal discloses that an assembly such as those of Seiler and Leventhal is capable of holding either a cartridge or a single blade while Shorey discloses that in a razor assembly that is capable of either holding a single razor blade or a single lade cartridge that it is preferable to use a cartridge in order to allow shaving debris such as hair, skin, and shaving composition to readily pass through the cartridge and thereby prevent clogging, as taught by Shorey.
In making this modification the Seiler device modified by Leventhal would include the apparatus having the blade attachment end being a cartridge attachment end, (claim 1), and a razor cartridge mounted to the cartridge attachment end of the handle (claim 10) and when the ejector is extended outwardly from the cartridge attachment end of the handle it contacts the razor cartridge to eject the razor cartridge from the handle (claim 11).
Regarding Claim 12, in Anastasia the transfer rod is hollow (fig 4).
Regarding Claim 13, in Anastasia the transfer rod has a transfer rod length (See fig 3);
wherein the compression spring 40 has a compression spring length when the compression spring is in the at-rest position (See fig 3) wherein the compression spring length is less than the transfer rod length (fig 3).
Regarding Claim 14, in Anastasia the handle has a handle length (fig 3);
wherein the transfer rod has a transfer rod length;
wherein the transfer rod length is less than the handle length (fig 4).
Regarding Claim 15, in Anastasia the transfer rod has a maximum outer diameter (at 38); wherein the compression spring has a compression spring outer diameter (see fig. 3); wherein the compression spring outer diameter is generally equal to the transfer rod maximum outer diameter, see fig 3.
Regarding Claim 16, in Anastasia the blade when mounted to the cartridge attachment region of the handle is generally aligned with the axis.
As such, when modified as discussed above to replace the blade with a known cartridge the cartridge would also have such an alignment.
Regarding Claim 17, in Anastasia the blade and the handle are coaxial about the axis (since at least one axis can be drawn through the blade which is coaxial with the handle long/hollow axis).
As such, when modified as discussed above to replace the blade with a known cartridge the cartridge would also have such an alignment.
Regarding Claim 18, in Anastasia the transfer rod is hollow (at least where the ejector 20 receives the cross pin 38 which is said to extend through the plunger; see col 2, 10-15).
Regarding Claim 19, in Anastasia the transfer rod has a transfer rod length (fig. 3);
wherein the compression spring 40 has a compression spring length when the compression spring is in the at-rest position, see fig 4;
wherein the compression spring length is less than the transfer rod length, fig. 4.
Regarding Claim 20, in Anastasia the transfer rod has a maximum outer diameter (at 38); wherein the compression spring has a compression spring outer diameter (fig. 3); wherein the compression spring outer diameter is generally equal to the transfer rod maximum outer diameter, see figure 3.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Anastasia, Straka, Leventhal, and Shorey, as applied to Claim 1 above, and in view of US 8726520, Abraham.
Regarding Claim 4, modified Seiler discloses all of the limitations of claim 1 but lacks the apparatus having the transfer rod comprise one of steel, stainless steel, brass, copper alloy, zinc alloy, aluminum alloy, filled thermoplastic polymer and unfilled thermoplastic polymer.
It would have been an obvious matter of design choice to a person of ordinary skill in the art to form the transfer rod out of one of steel, stainless steel, brass, copper alloy, zinc alloy, aluminum alloy, filled thermoplastic polymer and unfilled thermoplastic polymer, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416. Also, Abraham discloses that a connecting pin, analogous to the connecting pin/rod of Lee comprises steel (col 7 lines 40-60). As such, it is known that such a material is suitable for the purpose of connecting parts to one another via a pin/rod structure.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Anastasia, Straka, Leventhal, and Shorey, as applied to Claim 1 above, and in view of US 20170334083 to Gratsias.
Regarding Claim 9, Anastasia lacks the entire pushbutton in the depressed position is sub-flush of the opening.
Gratsias discloses a safety razor, in the same field of endeavor as the razor tool of the present invention and discloses that such a system includes a pushbutton (fig. 16-17, 405a) for ejecting a blade (par. 0172) and includes that push button being sub flush with the body of the handle when pressed to eject the blade (fig 17), in order to ensure that when the button 405A is in the fully pressed position it cannot move within or escape from the cavity which encloses it, par 0172.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Anatasia by making the push button the depressed position is sub-flush of the opening in order to ensure that when the button is in the fully pressed position it cannot move within or escape from the cavity which encloses it as taught by Gratsias.
Response to Arguments
Applicant’s arguments, see remarks, filed 10/20/25, with respect to the prior art rejections of the claims under 102/103 (as the claims have now been amended) have been fully considered and are persuasive. Therefore, the prior art rejections have been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Anastasia.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. USPN/USPGPUB 11325273 2835030 2226964 2024626 20170334083 2061720 4314404 2397617 1919794 2001198 1572572 2109554 1600832 2386727 2654150 4797998 2766522 0949255 1232519 2299416 1848078 1773614 3608193 2363608 2698995 3377701 2656599 3027637 2392431 1813699 2720695 1600832 and 1063021 disclose razor assemblies with push buttons and thus disclose elements of the invention.
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.
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/FERNANDO A AYALA/Examiner, Art Unit 3724
/BOYER D ASHLEY/Supervisory Patent Examiner, Art Unit 3724