DETAILED ACTION
The indicated allowability of claims 4-9 and 11 are withdrawn in view of the newly discovered reference(s) to US Patent Application Publication No. 20110167643 to Chen, CN 209682247 to Xiang, and KR 101498276 to Lee. Rejections based on the newly cited references follow.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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, 2, 5, 7, 10, 12, and 21 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US Patent Application Publication No. 20110167643 to Chen.
In re claim 1, Chen teaches a knife, comprising a holding part (100) and a cutting part (200), wherein the cutting part (200) is movably disposed on the holding part, the holding part (100) is provided with a limiting structure (130,140), and the limiting structure has a locking position (as shown in Figure 3) and an unlocking position (as shown in Figure 2); and when the limiting structure (130,140) is in the locking position, the cutting part (200) is fixed on the holding part (as shown in at least Figure 3); and when the limiting structure (130,140) is in the unlocking position, the cutting part (200) is movably disposed relative to the holding part;
the cutting part (200) is provided with a plurality of limiting openings (230) that are arranged horizontally (as shown in at least Figure 2), and the limiting structure (130,140) matches the plurality of limiting openings (230) so as to conduct locking or unlocking:
the limiting structure (130,140) comprises a limiting sheet (see Annotated Figure 1) fixed in the holding part, and the limiting sheet is provided with a buckle (threaded shaft) that is configured to be embedded in each of the plurality of limiting openings (230, see Figure 3);
when the limiting structure (130,140) is in the locking position, the buckle (threaded shaft) is embedded in one of the plurality of limiting openings (230); and when the limiting structure is in the unlocking position, the buckle is separated from the one of the plurality of limiting openings (as shown in at least Figure 2).
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In re claim 2, wherein the holding part (100) is provided with an internal cavity (110), and one end of the cutting part is movably disposed in the internal cavity (Para 0018, see at least Figures 4-7).
In re claim 5, wherein the limiting structure (130,140) further comprises a lock catch (130) movably disposed on the holding part, and the lock catch has a fixing position (as shown in at least Figure 3) and an avoiding position (as shown in at least Figure 2); when the lock catch is in the fixing position, the lock catch (130) is configured to fix the buckle (threaded shaft) in the one of the plurality of limiting openings (230); and when the lock catch (130) is in the avoiding position, the buckle is configured to be separated from the one of the plurality of limiting openings (as shown in at least Figure 2).
In re claim 7, wherein the holding part (200) is internally provided with a sliding groove (as shown in at least Figures 4 and 5), and the cutting part (200) extends into the sliding groove and slides in the sliding groove when the limiting structure (130,140) is in the unlocking position.
In re claim 10, further comprising a blocking structure (see Annotated Figure below), wherein the blocking structure is configured to limit a maximum travel of the cutting part relative to the holding part.
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In re claim 12, wherein the limiting structure (130,140) comprises a locking member, the locking member (140) is penetrated into the holding part, the locking member (140) is configured to move relative to the holding part, the locking member is provided with an operation end, the operation end is located at an outer side of the holding part (200), the locking member is provided with a locking part (threaded shaft of 140, as shown in at least Figure 3), and the locking part is disposed corresponding to each of the plurality of limiting openings (230); when the limiting structure is in the unlocking position, the locking part (threaded shaft) is staggered from the plurality of limiting openings; and when the limiting structure is in the locking position, the locking part (threaded shaft) is embedded in one of the plurality of limiting openings (230).
In re claim 21, wherein the holding part (200) comprises a handle, the cutting part comprises a blade (210,220), the handle comprises a first casing (see Annotated Figure 1) and a second casing that are detachably connected, and the blade is clamped between the first casing and the second casing (as shown in at least Figure 4).
Note the first and second casing merely have to be capable of being detachably connected, in which they are.
Claims 1, 5, and 6-9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by CN 209682247 to Xiang.
In re claim 1, Xiang teaches a knife, comprising a holding part (22) and a cutting part (1,21), wherein the cutting part (1,21) is movably disposed on the holding part, the holding part (22) is provided with a limiting structure (4), and the limiting structure has a locking position (as shown in Figure 1, the limiting structure locks in grooves 23) and an unlocking position (as shown in Figure 1); and when the limiting structure (4) is in the locking position, the cutting part (1,21) is fixed on the holding part (as shown in at least Figure 1); and when the limiting structure (4) is in the unlocking position, the cutting part (1,21) is movably disposed relative to the holding part;
the cutting part (1,21) is provided with a plurality of limiting openings (openings in between grooves, 23) that are arranged horizontally (as shown in at least Figures 1, 2), and the limiting structure (4) matches the plurality of limiting openings (23) so as to conduct locking or unlocking (via buckle 45):
the limiting structure (4) comprises a limiting sheet (43) fixed in the holding part (22), and the limiting sheet (43) is provided with a buckle (45) that is configured to be embedded in each of the plurality of limiting openings (Pg. 3, lines 38-41, Pg. 4, lines 1-5);
when the limiting structure (4) is in the locking position, the buckle (45) is embedded in one of the plurality of limiting openings (23); and when the limiting structure is in the unlocking position, the buckle is separated from the one of the plurality of limiting openings (Pg. 3, lines 38-41, Pg. 4, lines 1-5).
Note, per Merriam Webster, the term sheet has been given its plain and ordinary meaning of surface of something. Also, claim 1 has encompasses several intended use limitations, which are italicized below:
(line 1) A knife, comprising a holding part and a cutting part, wherein the cutting part is capable of being movably disposed on the holding part, the holding part is capable of being provided with a limiting structure, and the limiting structure is capable of having a locking position and an unlocking position; and when the limiting structure is in the locking position, the cutting part is capable of being fixed on the holding part; and when the limiting structure is in the unlocking position, the cutting part is capable of being movably disposed relative to the holding part;
the cutting part is capable of being provided with a plurality of limiting openings that are arranged horizontally and the limiting structure matches the plurality of limiting openings so as to be capable of conducting locking or unlocking:
the limiting structure comprises a limiting sheet fixed in the holding part, and the limiting sheet is provided with a buckle that is configured to be embedded in each of the plurality of limiting openings;
when the limiting structure is in the locking position, the buckle is capable of being embedded in one of the plurality of limiting openings; and when the limiting structure is in the unlocking position, the buckle is capable of being separated from the one of the plurality of limiting openings.
The positively recited structures are set forth below (in other words the claim is directed to the structures set forth below. The remaining limitations, which are set forth above, are merely intended use limitations):
(line 1), a holding part and a cutting part
(line 3), limiting structure
(lines 9-10), the limiting structure matches the plurality of limiting openings
(lines 11-13), the limiting structure comprises a limiting sheet fixed in the holding part, and the limiting sheet is provided with a buckle that is configured to be embedded in each of the plurality of limiting openings.
In re claim 5, wherein the limiting structure (4) further comprises a lock catch (see Annotated Figure 1, on Pg. 8, below) movably disposed on the holding part, and the lock catch has a fixing position and an avoiding position; when the lock catch is in the fixing position, the lock catch is configured to fix the buckle (45) in the one of the plurality of limiting openings (23); and when the lock catch is in the avoiding position, the buckle (45) is configured to be separated from the one of the plurality of limiting openings.
It has been interpreted, when the catch lock is in the avoiding position, it is not assembled to the holding part.
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In re claim 6, wherein the limiting sheet (43) is an elastic sheet, and when the limiting structure (4) is in the unlocking position, the buckle (45) is (capable of being) separated from the one of the plurality of limiting openings under an elastic force of the limiting sheet.
In re claim 7, wherein the holding part (22) is internally provided with a sliding groove (Pg. 3, lines 23-25), and the cutting part (1, 21) extends into the sliding groove and slides in the sliding groove when the limiting structure (4) is in the unlocked position.
In re claim 8, wherein the holding part (22) is internally provided with a blade carrier (21), and the sliding groove is provided on the blade carrier.
In re claim 9, wherein the limiting sheet (43) is disposed on the blade carrier (21).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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, 7, 8, and 11 are rejected under 35 U.S.C. 103 as being unpatentable over KR 101498276 to Lee in view of Xiang.
In re claim 1, Lee teaches a knife, comprising a holding part (33) and a cutting part (10), wherein the cutting part (10) is movably disposed on the holding part, the holding part (33) is provided with a limiting structure (22), and the limiting structure has a locking position (as shown in Figure 5) and an unlocking position (as shown in Figure 10); and when the limiting structure (22) is in the locking position, the cutting part (10) is fixed on the holding part (as shown in at least Figure 1); and when the limiting structure (22) is in the unlocking position, the cutting part (10) is movably disposed relative to the holding part;
the holding part is provided with a plurality of limiting openings (34) that are arranged horizontally, and the limiting structure (22) matches the plurality of limiting openings (34) so as to conduct locking or unlocking:
the limiting structure (22) comprises a limiting sheet (231) fixed in the holding part (33), and the limiting sheet (231) is provided with a buckle (232) that is configured to be embedded in each of the plurality of limiting openings (34);
when the limiting structure (22) is in the locking position, the buckle (232) is embedded in one of the plurality of limiting openings (32); and when the limiting structure is in the unlocking position, the buckle is separated from the one of the plurality of limiting openings (as shown in at least Figure 10).
In re claim 11, wherein a tail of the cutting part (10) is provided with a limiting hook (aperture receiving pin 215), the holding part is provided with a blocking part (215), and when the cutting part extends out of the handle part to a maximum extent, the limiting hook (aperture of blade) is abutted against the blocking part (215).
Regarding claim 1, Lee teaches the holding part (33) is provided with a plurality of limiting openings and does not teach the cutting part is provided with a plurality of limiting openings.
Regarding claim 1, Xiang teaches the cutting part (1,21), blade carrier (21), and holding part (22) arrangement. The blade carrier (of the cutting part) is provided with a plurality of limiting openings (openings in between grooves, 23) that are arranged horizontally (as shown in at least Figures 1, 2), and the limiting structure (4) matches the plurality of limiting openings (23) so as to conduct locking or unlocking (via buckle 45). The cutting part is disposed within a holding part (22).
It would have been obvious to one before the effective filing date of the invention to provide the knife of Lee with a cutting part including a blade carrier disposed in a holding part as taught by Xiang which is advantageous for providing additional support to the blade in order to prevent the blade from disengaging with the handle during use.
In re claim 7, modified Lee teaches wherein the holding part (22, Xiang) is internally provided with a sliding groove (Pg. 3, lines 23-25, Xiang), and the cutting part (1, 21, Xiang) extends into the sliding groove and slides in the sliding groove when the limiting structure is in the unlocked position.
In re claim 8, modified Lee teaches wherein the holding part (22, Xiang) is internally provided with a blade carrier (21, Xiang), and the sliding groove is provided on the blade carrier.
Response to Arguments
The claim objection in the Office Action mailed September 10, 2024 has been overcome by the amendments filed December 6, 2024.
Applicant’s arguments with respect to claim(s) 1, 2, 5-12 and 21 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
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/JENNIFER S MATTHEWS/ Primary Examiner, Art Unit 3724