DETAILED ACTION
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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on July 28, 2025 has been entered. Additionally, Applicant’s supplemental submission filed on August 5, 2025 has also been entered.
Election/Restrictions
Claims 1-3 remains withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected group I, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on Mau 3, 2023.
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.
Claims 4, 7 and 9-12 are 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 4, lines 1-11 recite, “[a] holder mountable on a mounting portion of a cutting device that includes a placement member on which an object to be cut is placed, and a carriage configured to move in a first direction and a second direction relative to the object to be cut placed on the placement member, the second direction being opposite to the first direction, the carriage including the mounting portion, a motor configured to move the mounting portion in a third direction causing the mounting portion to move closer to the object to be cut placed on the placement member, and a fourth direction causing the mounting portion to move away from the object to be cut placed on the placement member, the third direction and the fourth direction intersecting the first direction and the second direction, and a first spring configured to apply a pressure to the mounting portion in the third direction, in accordance with the movement of the mounting portion by the motor, the holder comprising…” As currently written, claim 4 appears to be drawn to “a holder.” However, the preamble of the claim is expansive and appears to further define the holder as being “mountable on a mounting portion of a cutting device that includes a placement member on which an object to be cut is placed, and a carriage configured to move in a first direction and a second direction relative to the object to be cut placed on the placement member, the second direction being opposite to the first direction, the carriage including the mounting portion…,” etc. Further, the body of the claim then defines "a support holder configured to support the support body to be movable in a fifth direction and the sixth direction which is opposite to the fifth direction" (claim 4, lines 17-18). This limitation has the following issues: It is unclear if the scope of the claim includes just the holder, the holder and the mounting portion by which the holding body is held, or the holder and the cutting device which comprises the mounting portion to which the holder is attached. To mitigate this issue, the subject matter of claim 4 could be set forth as a system with a holder. Otherwise, the specifics of a cutting machine could be interpreted as not being pertinent to the scope of a holder capable of being held by a mounting portion in a cutting device.
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.
As best understood, claims 4, 7 and 10-12 are rejected under 35 U.S.C. 103 as being unpatentable over Herbert (US Patent 4,367,588) in view of Fujihara (US Publication 2014/000429) and further in view of Nagai (US Publication 2012/0247293). Regarding claim 4, Herbert discloses a holder (18) [capable of being used in a cutting device, e.g. fig. 1], comprising: a cutting blade (20) configured to cut an object to be cut (col. 2, lines 52-54); a supporter (24) configured to support the cutting blade (col. 2, lines 19-20); a second spring (44) that is a coil spring (fig. 2) configured to be compressed when a force (Fc, annotated fig. 2) in a sixth direction (col. 2, lines 30-34) is applied to the supporter (moving holder 18 downward by operating lever 52 in plotting head pen mounting member 49 brings cutting blade 20 into contact with object to be cut, thereby applying force Fc to supporter 24 and compressing second spring 44 between shoulder 46 and member 38), or expand when a force in the sixth direction is removed from the supporter (i.e., in the position shown in fig. 2, no force is being applied to supporter 24 in the sixth direction and second spring 44 applies biasing force to member 38 which presses circumferential projection 36 on supporter 24); and a support holder (30, 32, 40) configured to support the supporter (24) to be movable in a fifth direction (when holder is moved away from the object to be cut, second spring 44 presses supporter 24 in fifth direction) and the sixth direction which is opposite to the fifth direction (annotated fig. 2), a washer (38) that is engaged with the supporter (24); a rotation shaft formed of a magnetic body coupled to the cutting blade and extending in the extension directions which is the fifth and the sixth directions, wherein the second spring (44) is configured to urge the supporter (24) in the fifth direction with respect to the support holder (col. 2, lines 27-28), the supporter includes a housing (30), and an intermediate body (32, 40) configured to support the supporter (at least partially) inside of the housing, the housing includes a first support portion (annotated fig. 2) configured to support the supporter at a position (i.e., proximate to cutting blade 20) further than the intermediate body (at the opposite end of the holder) in the fifth direction, the intermediate body includes: a contact portion (shoulder 46) in contact with an end portion of the second spring (44) in the sixth direction (col. 2, lines 27-28), a second support portion (annotated fig. 2) separated from the contact portion in the fifth direction and configured to support the supporter (col. 2, lines 27-28, and a bridge portion (annotated fig. 2, i.e., the portions of hollow cylindrical portion of section 32 and adjustment member 40 between shoulder 46 and second support portion) extending between the contact portion (46) and the second support portion (annotated fig. 2), an end portion (i.e., the end abutting member 38) of the second spring (44) in the fifth direction is coupled to the supporter (24) at a position (i.e., at circumferential projection 36) further than the first support portion in the sixth direction (annotated fig. 2), and the bridge portion maintains a constant distance (col. 2, lines 25-27) between the contact portion and the second support portion (after cutting pressure adjustments are made through the threaded engagement between member 40 and member 32, their relative positions with respect to one another is held by lock nut 42, thereby maintaining a constant distance between contact portion 46 and second support portion, annotated fig. 2).
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• Herbert fails to disclose the intermediate body supports the second spring and the supporter inside the housing. In other words, Herbert fails to disclose the intermediate body and the second spring are inside the housing. However, Fujihara teaches it is known in the art of holders (e.g., cutter cartridges) for cutting devices, to provide the holder (40) with a housing (casing 90) including a casing body (91), a cap (92) and a knob (40). Fujihara teaches a mounting member (98) supports at least one supporting bearing (i.e., 101) and a magnet (104) for supporting a rotary cutter shaft (4b) inside the casing body (91) of the housing (90), wherein the cap (92) encloses mounting member (98) within the housing (90, as shown in figs. 8B and 8C). The teaching of Fujihara suggests it is known to enclose all elements associated with supporting the cutting blade within the housing of the holder. It would have been obvious to one having an ordinary skill in the art before the effective filing of the invention to modify the holder of Herbert with the teaching of Fujihara such that the housing of Herbert includes an additional housing component surrounding the intermediate body, thereby positioning the intermediate body and the second spring inside the housing of the holder, and the intermediate body supports the second spring and the supporter inside the housing in order to allow the operator to safely change holders in the cutting device by grasping the additional housing component surrounding the intermediate body (Fujihara, para. 0093) without having to worry about undoing the spring pressure settings by accidently rotating adjusting member (40) on the intermediate body when installing the holder in the cutting device. • Herbert fails to disclose a length of the insertion portion in the fifth and the sixth directions is shorter than a close contact length of spring (53), and the contact potion does not come in contact with the insertion portion. However, Herbert states in col. 2, lines 27-28, “spring member 44 surrounds support tube 24 and engages member 38 and a shoulder 46 in member 40.” Herbert does not appear to provide further description with respect to any interaction between a distal end of the insertion portion (i.e., end of supporter 24 inserted through spring 44) and the smallest, inner diameter portion of member (40) proximate to contact portion (shoulder 46). Any contact between insertion portion of supporter (24) and contact portion (46) might cause additional friction that could inhibit movement of supporter (24) and cutting blade (20) against bias of spring (44) during operation. Additionally, the opposite end of supporter (24) is slidably supported by housing section (30). The length of the insertion portion of supporter (24) could be shortened to an extent that insertion portion does not extend past contact portion (46) since spring member (44) surrounds support tube (24) and supports distal end of supporter (24) within portion (40) of intermediate member (annotated fig. 2). Additionally, Nagai teaches it is known in the art of cutting devices with spring biased cutting blade (4) on cutter shaft (4b) held by supporter (46). Nagai teaches supporter (46) includes an insertion portion (Nagai, annotated fig. 6) that is a portion of the supporter (the upwardly extending inner cylindrical portion of the “spring shoe 46b [that is] provided on an upper end of the flange 46a” of the support body 46, paragraph 0046, lines 14-15 [emphasis added]) is inserted inside the coil spring (53). Nagai teaches cutting blade (4) and cutter shaft (4b) are supported by bearings (55) within supporter (46), such that the inner cylindrical portion of the spring shoe (46b) and the distal end of cutter shaft (4b) are positioned within the lower portion of the coil spring (53).
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It would have been obvious to one having an ordinary skill in the art before the effective filing of the invention to modify the holder of Herbert substantially disclosed above with the teaching of Nagai such that the insertion portion is shortened to any reasonable length, including a length in which the insertion portion in the fifth and the sixth directions is shorter than a close contact length of spring and/or to an extent that the contact potion does not come in contact with the insertion portion in order to reduce the likelihood of frictional contact or binding between the insertion portion and the contact surface during operation. Regarding Claim 7, the modified holder of Herbert substantially disclosed above includes the support holder movably supports the supporter (24), using the first supporting portion (Herbert, annotated fig. 2) and the second support portion (Herbert, annotated fig. 2) separated from each other in a direction parallel to the fifth and the sixth directions (as shown).
Regarding Claim 10, the modified holder of Herbert substantially disclosed above includes in a state in which the support holder (Herbert, fig. 2) is held by the mounting portion (e.g., Herbert, annotated fig. 3), the third direction (when lever 52 lowers holder; Herbert, col. 2, lines 35-41) and the fifth direction are aligned, and the fourth direction (when lever 52 raises holder; Herbert, col. 2, lines 35-41) and the sixth direction are aligned (as best understood, the third direction and fifth direction are both oriented vertically downward toward the object to be cut and the fourth direction and the sixth direction are both oriented vertically upward away from the object to be cut).
Regarding Claim 11, the modified holder of Herbert substantially disclosed above includes wherein there is a gap (i.e., the constant distance set forth above in claim 4) between the contact portion and the second support portion in the fifth and the sixth directions and the gap is constant (Herbert, annotated fig. 2).
Regarding Claim 12, the modified holder of Herbert substantially disclosed above includes the first support portion includes a first hole (through which supporter extends, e.g., as shown in Herbert, annotated fig. 2), the second support portion includes a second hole (inner surface of inwardly projecting annular protrusion against which fixing washer 38 abuts, as taught by Herbert), the first hole and the second hole support the supporter (Herbert, annotated fig. 2), and the supporter (24) is movable in the fifth direction and the sixth direction relative to the first hole and the second hole (as disclosed by Herbert).
As best understood, claims 4, 7 and 10-12 are rejected under 35 U.S.C. 103 as being unpatentable over Fujihara (US Publication 2014/000429) in view of Crystal et al (US Publication 2016/0026168), herein referred to as Crystal, and further in view of Herbert (US Patent 4,367,588) and Fujihara (US Publication 2014/0150618), herein referred to as Fujihara-618. Note: This rejection considers the preamble of claim 4 since the scope of the holder is closely tied to the mounting portion and cutting device overall. Regarding Claim 4, Fujihara (US Publication 2014/000429) discloses a holder mountable on a mounting portion of a cutting device that includes a placement member member (holding sheet 10 on platen 3) on which an object (6) to be cut is placed, and a carriage (19) configured to move in a first direction (leftward along guide shaft 21 in the X direction; para. 0032) and a second direction (rightward along guide shaft 21 in the X direction; para. 0032) relative to the object (6) to be cut placed on the placement member (3), the second direction being opposite to the first direction (fig. 1), the carriage including the mounting portion (47, 48, 50; fig. 7), a motor (Z-axis motor 38) configured to move the mounting portion in a third direction (downward in the Z direction) causing the mounting portion to move closer to the object to be cut placed on the placement member (para. 0040), and a fourth direction (upward in the Z direction) causing the mounting portion to move away from the object to be cut placed on the placement member (paragraph 0040, lines 11-12), the third direction and the fourth direction intersecting the first direction and the second direction (fig. 1, i.e., X-axis and Z-axis are orthogonal to each other), and a first spring (53) configured to apply a pressure to the mounting portion (via lower plate portion 48b) in the third direction (paragraph 0041, lines 6-10), in accordance with the movement of the mounting portion by the motor (para. 0041 and par. 0055), the holder comprising:
a cutting device (fig. 1) comprising: a placement member (holding sheet 10 on platen 3) on which an object (6) to be cut is placed; and a carriage (19) configured to move in a first direction (toward sidewall 11a on guide frame 21 along x-axis) and a second direction (toward sidewall 11b on guide frame 21 along x-axis) relative to the object (6) to be cut placed on the placement member (para. 0029), the second direction being opposite to the first direction (along x-axis), the carriage (19) including a mounting portion (47, 48) to which a holder (50) holding a cutting blade (4) that cuts the object to be cut is mountable (para. 0038, lines 6-7), a movement mechanism (36) configured to move the mounting portion (47, 48) in a third direction (downward along z-axis) causing the mounting portion (47, 48) to move closer to the object (6) to be cut placed on the placement member (para. 0040, lines 8-11), and a fourth direction (upward along z-axis) causing the mounting portion to move away from the object to be cut placed on the placement member (para. 0040, lines 11-12), the third direction and the fourth direction intersecting the first direction and the second direction (fig. 1), and a first spring (53) configured to apply a pressure to the mounting portion (47, 48) in the third direction (para. 0041, lines 10-21), in accordance with a driving state of the movement mechanism (para. 0041, lines 1-10).
Fujihara fails to disclose the holder includes a second spring configured to apply a pressure to the cutting blade in the third direction. However, Workman et al (US Publication 2012/0048086) teaches it is known in the art of cutting devices to include a spring (260) within a cutter holder (blade housing 200). Workman teaches cutter holder (200) supports and retains blade 202 therein relative to the cutting device, thereby allowing the depth with which blade 202 protrudes from blade housing (200) to be adjusted. Importantly, Workman teaches spring (260) is provided to help decouple blade (202) from housing (203) of cutter holder (200), as described in para. 0069. Crystal et al (US Publication 2016/0026168) teaches it is known in the art of holders mountable on a mounting portion of a carriage in a cutting device to have multiple springs (130, 132) positioned between mounting portion (36, 138) and carriage (54) that work in conjunction with a movement mechanism (129, 122, 125, 126, 128) to move a holder (34) of the cutting device relative to an object to be cut (114). One of the multiple springs (i.e., upward urging spring 132) is in a similar location with respect to the mounting portion and carriage as the first spring (50) disclosed by Nagai. Additionally, a second of the multiple springs (i.e. downward urging spring 130) is positioned and configured to apply a pressure to the mounting portion (36, 138) toward the object to be cut in the third direction (paragraph 0201, lines 22-24).
It would have been obvious to one having an ordinary skill in the art before the effective filing of the invention to modify the cutting device of Fujihara with the teaching of Workman and Crystal such that the holder includes a second spring (Workman 260) configured to apply a pressure to the cutting blade in the third direction in order to decouple the blade from the cutter holder, allowing for increased adjustment of the position and depth with which the blade can cut into the material (Workman, para. 0069). ● The modified holder of Fujihara substantially disclosed above includes fails to specifically disclose the support holder includes the housing and an intermediate body configured to support the second spring and the supporter inside the housing, the first support portion in the housing configured to support the support body at a position further to the fifth direction side than the intermediate body, the intermediate body includes a contact portion in contact with an end portion on the sixth direction side of the second spring, a second support portion separated, to the fifth direction side, from the contact portion and configured to support the supporter, and a bridge portion extending between the contact portion and the second support portion, such that the bridge portion maintains a contact distance between the contact portion and the second portion. However, the following references provide teaching pertinent to this limitation: • Herbert teaches it is known in the art of holders for cutting devices to provide the holder with a supporter that includes a housing (30), and an intermediate body (32, 40) configured to support the supporter (at least partially) inside of the housing, the housing includes a first support portion (annotated fig. 2) configured to support the supporter at a position (i.e., proximate to cutting blade 20) further than the intermediate body (at the opposite end of the holder) in the fifth direction, the housing included a first support portion (annotated fig. 2) configured to support the supporter at a position (i.e., proximate to cutting blade 20) further than the intermediate body (at the opposite end of the holder) in the fifth direction,
the intermediate body includes: a contact portion (shoulder 46) in contact with an end portion of the second spring (44) in the sixth direction (col. 2, lines 27-28), a second support portion (annotated fig. 2) separated from the contact portion in the fifth direction and configured to support the supporter (col. 2, lines 27-28, and a bridge portion (annotated fig. 2, i.e., the portions of hollow cylindrical portion of section 32 and adjustment member 40 between shoulder 46 and second support portion) extending between the contact portion (46) and the second support portion (annotated fig. 2), an end portion (i.e., the end abutting member 38) of the second spring (44) in the fifth direction is coupled to the supporter (24) at a position (i.e., at circumferential projection 36) further than the first support portion in the sixth direction (annotated fig. 2), and the bridge portion maintains a constant distance (col. 2, lines 25-27) between the contact portion and the second support portion (after cutting pressure adjustments are made through the threaded engagement between member 40 and member 32, their relative positions with respect to one another is held by lock nut 42, thereby maintaining a constant distance between contact portion 46 and second support portion, annotated fig. 2). • Fujihara-618 teaches it is known in the art of holders (e.g., cutter cartridges) for cutting devices, to provide the holder (40) with a housing (casing 90) including a casing body (91), a cap (92) and a knob (40). Fujihara teaches a mounting member (98) supports at least one supporting bearing (i.e., 101) and a magnet (104) for supporting a rotary cutter shaft (4b) inside the casing body (91) of the housing (90), wherein the cap (92) encloses mounting member (98) within the housing (90, as shown in figs. 8B and 8C). The teaching of Fujihara suggests it is known to enclose all elements associated with supporting the cutting blade within the housing of the holder.
It would have been obvious to one having an ordinary skill in the art before the effective filing of the invention to modify the holder of Fujihara with the teaching of Herbert and Fujihara-618 such that the support holder includes a housing and an intermediate body configured to support the second spring and the supporter inside the housing, wherein the intermediate portion includes the contact portion in contact with an end portion of the second spring in the sixth direction, a second support portion separated from the contact portion in the fifth direction and configured to support the supporter, and a bridge portion extending between the contact portion and the second support portion, such that the bridge portion maintains a contact distance between the contact portion and the second portion because all claimed elements were known in the prior art and one skilled in the art could have combined the elements as claimed by known methods with no change in their respective function and the combination would have yielded predictable results.
More specifically, by including the intermediate body taught by Herbert, one having an ordinary skill in the art can adjust and maintain a desired pressure force for the cutting blade when the holder is installed in the cutting device and by configured the intermediate body to support the second spring and the supporter inside the housing, the operator can safely change holders in the cutting device by grasping the additional housing component surrounding the intermediate body (Fujihara, para. 0093) without having to worry about undoing the spring pressure settings by accidently rotating adjusting member (40) on the intermediate body when installing the holder in the cutting device.
As best understood, claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Fujihara (US Publication 2014/000429) Crystal (US Publication 2016/0026168), Herbert (US Patent 4,367,588) and Fujihara-618 (US Publication 2014/0150618) in view of Aldrich (US Patent 2,579,641).
Regarding Claim 9, the modified holder of Fujihara substantially disclosed above fails to specifically disclose the housing is made of resin, and the intermediate body is made of metal.
However, Fujihara-618 teaches it is known in the art of holders (cutter cartridge 40) for a cutting blade (4a) in a cutting device (fig. 1) to provide the holder with a housing (casing 90) made of resin (i.e., cap 92 and knob 93 are made of resin, as per para. 0067, lines 1 -4).
Additionally, the intermediate body of Herbert includes the adjustable member (40) threaded into member (32) and being held by a lock nut (42). It is common for threaded interfaces on heavy duty working tool to be made of metal to achieve a long service life and to avoid stripping of the threads.
Moreover, Aldrich teaches the intermediate body is formed by "placing the spring 6 in cup 4 and placing cup 5 over the end of spring 6 which projects from cup 4, and then compressing spring 6 and thereby telescoping cups 4 and 5 sufficiently so that the open end 12 of cup 4 can be die formed to form a circumferential shoulder which cooperates with circumferential flange 14 on cup 5 to hold cups 4 and 5 in telescoping relation and permanently connected" (col. 1, line 53 - col. 2, line 6). This statement suggests the telescoping cups are formed of a material that can be "die formed," such as metal. Moreover, Aldrich states in col. 2, line 54 - col. 3, line 1, "spring 6 is preloaded to approximately 150 pounds and requires about 350 pounds pressure to compress the unit one-quarter of an inch." The preloading force on the spring 6 is applied by the cups (4, 5) that form the intermediate member. While Aldrich does not
specifically state the intermediate member is made of metal, this aforementioned statement suggests the material from which the telescoping cups are made is sufficiently strong to compress and contain spring 6 therein, wherein the cooperating circumferential shoulder and circumferential flange derive their strength from the material from which they are made.
It would have been obvious to one having an ordinary skill in the art at the time of the filing of the invention to modify the cutting device of Fujihara with the teaching of Fujihara-618, Herbert and Aldrich such that the housing is made of resin, and the intermediate body is made of metal because the use of such materials for the intended use set forth in the claim is known in the art. As stated in MPEP 2144.07, "[t]he selection of a known material based on its suitability for its intended use supported a prima facie obviousness determination in Sinclair & Carroll Co. v. Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945)."
Response to Arguments
Applicant’s arguments with respect to the claims 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
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Suzuki (US Publication 2012/0134734) discloses a cutting apparatus for flat medium.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SAMUEL ALLEN DAVIES whose telephone number is (571)270-1511. The examiner can normally be reached Monday-Friday; 9am-5pm EST.
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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.
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/SAMUEL A DAVIES/June 27, 2026
/BOYER D ASHLEY/Supervisory Patent Examiner, Art Unit 3724
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