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 .
Claim Status
Claims 1-15 and 17-21 are pending. Claims 14-15 and 17-20 are withdrawn from consideration. Claim 16 is canceled. Claims 1 and 6-7 are amended. Claims 2-5 and 8-13 are original. Claim 21 is new.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 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. In particular, Applicant argues that LU (CN106113096A) does not disclose the amended features of claim 1. While LU is relied upon in the rejection as a secondary reference to teach a handheld tool that wirelessly receives power and includes one or more sensors, LU is not relied upon to teach the amended features of claim 1 of the handle comprising first and second halves. The rejection has been modified in light of the amendments to claim 1, such that primary reference MUNDHRA (US Pub. No. 2018/0099423) is currently relied upon to teach the amended limitations. It is respectfully submitted that MUNDHRA as modified by LU teaches the handheld tool of claim 1 as described below.
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.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-2, 4-5, 9, 12-13, and 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over MUNDHRA (US Pub. No. 2018/0099423; cited in IDS with date 10/26/2023) in view of LU (CN106113096A; cited on IDS with date 10/26/2023; cited in previous office action; English machine translation is on file in parent application).
Regarding claim 1, MUNDHRA discloses a handheld tool (knife 100 as shown in Fig. 1), comprising:
a handle (104, Fig. 1) comprising a first end and a second opposite end (108, 110, Fig. 1; ¶ 0021: With reference to FIGS. 1-4, and 8-9 the handle 104 comprises a housing 106 having a proximal end 108 and a distal end 110), wherein the handle is assembled from a first half defining a first cavity and a second half defining a second cavity (120, 122, Fig. 1; ¶ 0022: housing 106 comprises a first housing section 120 defining the first lateral side 116 and a second housing section 122 defining the second lateral side 118), wherein the first cavity and the second cavity are spaced by a channel defined between the first half and the second half of the handle (128, Fig. 1; ¶ 0022: first housing section 120 and the second housing section 122 mate with each at their respective interior sides 124, 126 to define a cavity 128. In folding knives, when the blade 300 is folded into the handle 104, a substantial portion of the blade 300, resides in the cavity 128 with the cutting edge 302 hidden and the spine 304 exposed), wherein the channel is located along a longitudinal axis defined through the first end and the second opposite end of the handle (as shown in Fig. 1);
an electrical system (comprising elements 150 and 146 as shown in Fig. 4, and 102 as shown in Fig. 8) comprising a charge component (150, Fig. 4) for receiving power and transferring power to a power storage device (146, Fig. 4; ¶ 0025: battery housing 148 may comprise a charging port 150 so that the battery 146 can be recharged), and an activation device operably connected to said power storage device (102, Fig. 8; ¶ 0039: lights can be turned on and off by activating a switch 102 on the handle 104; it is implied that the switch 102 is “operably connected” to battery 146 in order to allow the lights to be turned on by the power of the battery);
a control unit of said electrical system (144, Fig. 4; ¶ 0024: first set of LEDs 132 may be operatively connected to a first printed circuit board 144 configured to control the lighting features of the first set of LEDs 132…the first printed circuit board 144 can be used to control the color of the light being emitted, whether the lights are constantly on or flashing on and off, how bright or dim the lights are); and
wherein the electrical system [and the] the control unit are housed within the handle at one or more locations that at least partially surround the channel (as shown in Figs. 4 and 8, elements 150, 146, 102, and 144 are all located within the handle 104).
MUNDHRA fails to disclose the handheld tool wirelessly receives power.
LU discloses the handheld tool wirelessly receives power (¶ 0033: charging device 13 is a wireless charging device. When the knife is put back into the knife holder 4, the charging device 13 on the knife holder 4 and the charging device 13 in the handle 2 will automatically charge the rechargeable battery 12 in the handle 2 through wireless charging).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to include the wirelessly receiving power in order to improve user convenience by eliminating charging cables and/or eliminating charging port wear and tear due to charging cable plugging and unplugging.
MUNDHRA fails to disclose one or more sensors, each of said one or more sensors configured to collect sensor data and provide said sensor data to said control unit, the one or more sensors are housed within the handle at one or more locations that at least partially surround the channel.
LU further discloses one or more sensors (6, 7, Figs. 2 & 3; ¶ 0025: A smart kitchen knife includes… a gravity sensor 6, an acceleration sensor 7; ¶ 0033: When the rechargeable battery 12 is full, the main control board 5 in the knife handle 2 will automatically disconnect the charging device 13 to prevent the battery from overcharging), each of said one or more sensors configured to collect sensor data and provide said sensor data to said control unit (¶ 0027: the main control board 5 immediately starts to record the data of the gravity sensor 6 and the acceleration sensor 7), the one or more sensors are housed within the handle (¶ 0025: A smart kitchen knife includes a knife body 1, a handle 2…characterized in that a main control board 5, a gravity sensor 6, an acceleration sensor 7,…a rechargeable battery 12 and a charging device 13 are installed in the knife handle 2). Providing the sensors of LU in the handle of MUNDHRA would teach the recitation “the one or more sensors are housed within the handle at one or more locations that at least partially surround the channel”.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to include the one or more sensors as recited in order to provide increased utility for the handheld tool of MUNDHRA.
Regarding claim 2, MUNDHRA as modified by LU teaches said one or more sensors are configured to collect operation data about one or more components of said handheld tool and provide said operation data to said control unit, wherein said operation data includes at least one of amount of remaining charge of said power storage device (LU, ¶ 0033: a sensor is implied for determining the amount of remaining charge of said power storage device), time in use since charge of said power storage device, total time since charge of said power storage device, condition or health of said power storage device, light activation or deactivation, tool lock activation or deactivation, tool cycle count, aural inputs or outputs, visual inputs or outputs, or haptic inputs or outputs.
Regarding claim 4, MUNDHRA as modified by LU teaches said one or more sensors are configured to collect user data about a user operating the handheld tool and provide said user data to said control unit, wherein said user data includes at least one of a fitness measurement, a position measurement of said handheld tool relative to a portion of said user, an accelerometer or G meter reading (LU, ¶ 0006-0007, 0011, 0021, 0027), a heart rate or pulse rate, a blood sugar level, or a pulse oximetry reading.
Regarding claim 5, MUNDHRA as modified by LU teaches the handheld tool as applied to claim 1, but fails to teach a data storage device at least partly positioned in said handle.
LU further discloses a data storage device at least partly positioned in said handle (¶ 0027: a data storage device is implied for main control board 5 to “receive the kitchen knife operation data from other smart devices” and “check this data with the real-time data collected by the gravity sensor 6 and the acceleration sensor 7”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to include the data storage device as recited in order to provide increased utility for the handheld tool of MUNDHRA.
Regarding claim 9, MUNDHRA discloses said electrical system comprises a light operably connected to said power storage device (¶ 0024).
Regarding claim 12, MUNDHRA as modified by LU teaches the handheld tool as applied to claim 1, but fails to teach one or more components at least partially positioned within said first cavity or said second cavity, said one or more components including at least one of an emergency locator or beacon, a compass, an altimeter, a barometer, a thermometer, a pH sensor, a fitness tracker, a position sensor, an accelerometer or G meter, a heart monitor, a blood sugar monitor, a pulse oximeter, a location tag, a watch or internal clock, a laser pointer or targeting tool, a laser sight or distance measurement device, a mechanical sound emitter, or a hand warmer, and wherein at least some of said one or more components are operably connected to said control unit.
LU further discloses one or more components at least partially positioned within said first cavity or said second cavity, said one or more components including at least one of an emergency locator or beacon, a compass, an altimeter, a barometer, a thermometer, a pH sensor, a fitness tracker, a position sensor, an accelerometer or G meter, a heart monitor, a blood sugar monitor, a pulse oximeter, a location tag, a watch or internal clock, a laser pointer or targeting tool, a laser sight or distance measurement device, a mechanical sound emitter (11, Fig. 2; ¶ 0025, 0027: speaker), or a hand warmer, and wherein at least some of said one or more components are operably connected to said control unit (¶ 0025, 0027).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to include the one or more components as recited in order to provide increased utility for the handheld tool of MUNDHRA.
Regarding claim 13, MUNDHRA discloses a folding blade knife (¶ 0022, 0029, 0031), a fixed blade knife, a multi-tool, a box cutter, scissors, a saw, a drill, a hammer, a screwdriver, a ratchet, pliers, a wrench, snips, a level, a tape measurer, a shovel, a gardening or tree trimming tool, or a battery-operated power tool.
Regarding claim 21, MUNDHRA discloses the channel substantially bisects the first half and the second half of the handle along the longitudinal axis defined through the first end and the second opposite end of the handle (as shown in Fig. 1).
Claim(s) 3, 6-8, and 10-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over MUNDHRA in view of LU as applied to claims 1-2, 4-5, 9, 12-13, and 21 above, and further in view of ELSENER (US Pub. No. 2005/0081302; cited in previous office action).
Regarding claim 3, MUNDHRA as modified by LU teaches the handheld tool as applied to claim 1, but fails to disclose said one or more sensors are configured to collect environment data about a surrounding environment in which the handheld tool is operated and provide said environment data to said control unit, wherein said environment data includes at least one of a GPS signal, a compass heading, an altimeter reading, a barometer reading, a thermometer reading, a hygrometer reading, or a pH reading.
ELSENER discloses said one or more sensors are configured to collect environment data about a surrounding environment in which the handheld tool is operated and provide said environment data to said control unit, wherein said environment data includes at least one of a GPS signal (¶ 0165), a compass heading, an altimeter reading, a barometer reading, a thermometer reading, a hygrometer reading, or a pH reading.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to include said one or more sensors are configured to collect environment data, wherein said environment data includes at least one of a GPS signal in order to detect actual location of the tool for position finding and navigation (ELSENER, ¶ 0165).
Regarding claim 6, MUNDHRA as modified by LU teaches the handheld tool as applied to claim 5, but fails to disclose a microphone at least partially positioned within said handle and configured to receive verbal communication from a user, said control unit being configured to store said verbal communication in said data storage device.
ELSENER discloses a microphone at least partially positioned within said handle and configured to receive verbal communication from a user, said control unit being configured to store said verbal communication in said data storage device (¶ 0167-0168).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to include the microphone in order to detect and store audio information (ELSENER, ¶ 0168) and therefore provide increased utility for the handheld tool.
Regarding claim 7, MUNDHRA as modified by LU teaches the handheld tool as applied to claim 5, but fails to disclose a camera at least partially positioned within said handle and configured to capture at least one of an image or a video, said control unit being configured to store said at least one of an image or a video in said data storage device.
ELSENER discloses a camera at least partially positioned within said handle and configured to capture at least one of an image or a video, said control unit being configured to store said at least one of an image or a video in said data storage device (¶ 0167-0168).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to include the camera in order to detect and store picture or video information (ELSENER, ¶ 0168) and therefore provide increased utility for the handheld tool.
Regarding claim 8, MUNDHRA as modified by LU teaches the handheld tool as applied to claim 5, but fails to disclose said data storage device is at least one of memory integrated in said control unit or a flash medium including a USB drive or a memory card insertable in said handle.
ELSENER discloses said data storage device is at least one of memory integrated in said control unit or a flash medium including a USB drive or a memory card insertable in said handle (¶ 0123).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to include the data storage device is a memory card insertable in said handle in order to provide enhanced portability for easy file transfer, increased storage capacity to offload data from internal memory, and/or data protection through offline backups and physical control.
Regarding claim 10, MUNDHRA as modified by LU teaches the handheld tool as applied to claim 1, but fails to disclose a user interface in communication with said control unit, said user interface at least partially positioned within said handle, and said user interface comprising a display.
ELSENER discloses a user interface in communication with said control unit, said user interface at least partially positioned within said handle, and said user interface comprising a display (¶ 0137, 0149, 0151-0152).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to include the user interface in order to allow a user to adjust operating parameters/conditions (ELSENER, ¶ 0152) and/or to display picture, video, and/or status information (ELSENER, ¶ 0137), and therefore provide increased utility for the handheld tool.
Regarding claim 11, MUNDHRA as modified by LU and ELSENER teaches the handheld tool as applied to claim 10, but fails to teach said user interface is in communication with a second activation device, wherein said second activation device activates a light within said handle.
ELSENER further discloses said user interface is in communication with a second activation device, wherein said second activation device activates a light within said handle (¶ 0149, 0151-0152).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to include the second activation device in order to facilitate the adjustment of operating parameters/conditions (ELSENER, ¶ 0152).
Conclusion
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MANUEL HERNANDEZ whose telephone number is (571)270-7916. The examiner can normally be reached Monday-Friday 9a-5p ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Drew Dunn can be reached at (571) 272-2312. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Manuel Hernandez/Examiner, Art Unit 2859 6/22/2026
/DREW A DUNN/Supervisory Patent Examiner, Art Unit 2859