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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted is being considered by the examiner.
Claim Objections
Claim 9 is objected to because of the following informalities:
Regarding Claim 9, Ln 3, the limitation "centred". Examiner suggests "centered".
Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: "structure" in Claims 10-11, and "portion" in Claim 12.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 1-13 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.
Regarding Claim 1, Ln 7,10,14 and 17, and Claims 2-4, 6-7, the limitation "when the hair collector is connected to the hair cutting appliance" is indefinite for claiming a method step in an apparatus claim. In order to examiner the claims and advance prosecution, Examiner has interpreted the limitations to mean a description of intended use and therefore without structural basis and will not be examined with respect to prior art at this time.
Regarding Claim 1:
Ln 8, the limitation "hair cutting element" is indefinite for failing to particularly point out and distinctly claim whether the "hair cutting element" is the same as the previously recited "pivoting cutting element" which has been previously recited in the preamble, or is another element. In order to examine the claims and advance prosecution, Examiner has interpreted the limitations "hair cutting element" and "pivoting cutting element" to be synonymous with each other. Examiner notes the "pivoting cutting element" of the "hair cutting appliance" has not been positively recited and therefore is given no patentable weight in considering the claims. Therefore, Claim 1, Ln 7-8 has been interpreted to mean the first and second housing parts are adjacent to each other;
Ln 10-13, the limitation "a cut hair collection chamber is formed…" has been interpreted to mean the plurality of walls of the first and second housing parts for a collection chamber;
Ln 14-15, the limitation "the hair collector…can pivot" has been interpreted to mean the "second housing part" may be configured to pivot;
Ln 16-17, the limitation "the hair collector…can pivot" has been interpreted to mean the "first housing part" may be configured to so as not to pivot.
Regarding Claim 13, the entire claim appear to recite structural limitations for a "hair cutting appliance", according to Claim 1, which has not been previously positively recited. Further, the limitations pertaining to the "hair cutting appliance" appear to be intended use and thus are not given any patentable weight when the claim limitations are considered. Further, the limitation "to which is connected a hair collector" fails to further limit the previously recited claim limitations of Claim 1. Therefore, Claim 13 will not be examined with respect to prior art at this time.
Regarding Claim 2, Ln 2-3, the limitation "the hair collector is configured such that the cutting element can contact skin of a user of the hair cutting appliance" is indefinite for failing to particularly point out and distinctly claim how the action of the previously recited cutting element structurally limits the hair collector in any way. In order to examine the claims and advance prosecution, Examiner has interpreted the limitations to mean the intended use of the cutting element, which has not been previously positively recited, is intended to function, in some way, with an action of the hair collector, and, as such, it is unclear because the hair cutter isn’t positively recited and it is unclear what is required for the hair collector to meet the claim limitations.
Regarding Claim 3, Ln 2-4, the limitation "the hair collector is configured such that the second housing part can pivot about an axis that substantially coincides with a pivot axis of the cutting element" has been interpreted to mean the hair collector is configured such that the second housing part can pivot about an axis, consistent with the previously recited statutory rejections as stated above.
Regarding Claim 12;
Ln 2-3, the limitation "wherein the attachment portion is configured to attach the hair collector to the hair cutting appliance" is indefinite for failing to particularly point out and distinctly claim the hair cutting appliance, as has been previously stated in the statutory rejection above. In order to examine the claims and advance prosecution, Examiner has interpreted the limitations to mean the hair collector has an attachment portion;
Ln 2, the limitation "attachment portion " is indefinite for failing to particularly point out and distinctly claim the meaning of the limitation "portion". In order to examine the claims and advance prosecution, Examiner has interpreted the limitation to mean any element of the hair collector which may be attached to any other element.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-15 are rejected under 35 U.S.C. 102(a)(1)(a)(2) as being anticipated by Cutting (US 2004/0006873), hereinafter Cutting.
Regarding Claim 1, Cutting discloses a hair collector (50) (Para [0069], Ln 9; as illustrated in at least Fig 5), for a hair cutting appliance having a pivoting cutting element (Para [0054], Ln 1-3), the hair collector comprising:
a first housing part (50); and a second housing part (40) (Para [0069] &Para [0070]; both as illustrated in at least Fig 5);
wherein, the first housing part comprises a plurality of walls (as illustrated in at least Fig 5);
wherein, the second housing part comprises a plurality of walls (as illustrated in at least Fig 5; Examiner has interpreted the exterior surfaces of elements [43] & [44}, which comprise element [40] and having a plurality of walls);
the first housing part is adjacent to the hair cutting element and the second housing part is adjacent to the first housing part (as illustrated in Fig 4);
a cut hair collection chamber is formed, the cut hair collection chamber comprising the plurality of walls of the first housing part, the plurality of walls of the second housing part, and the cutting element (as illustrated in Fig 4);
the hair collector is configured such that the second housing part can pivot as the cutting element pivots (Para [0070], Ln 6-10); and
the hair collector is configured such that the first housing part does not pivot as the cutting element pivots (Examiner notes Cutting fails to explicitly disclose any motion of element [50]).
Examiner notes the limitation "for a hair cutting appliance having a pivoting cutting element" has been interpreted as intended use and therefore does not positively recite any structural limitations pertaining to the claim hair collector.
Examiner further notes that all references to "when the hair collector is connected to the hair cutting appliance" have been interpreted as intended use, and therefore do not constitute any structural limitations pertaining to the hair collector and have been given no patentable weight when examining the claims.
Regarding Claim 2, Cutting discloses all aspects of the claimed invention, as stated above. Cutting further discloses the hair collector is configured such that the cutting element can contact skin of a user of the hair cutting appliance (Para [0075], Ln 1-7).
Regarding Claim 3, Cutting discloses all aspects of the claimed invention, as stated above. Cutting further discloses the hair collector is configured such that the second housing part can pivot about an axis (Para [0070], Ln 6-10).
Regarding Claim 4, Cutting discloses all aspects of the claimed invention, as stated above. Cutting further discloses at least one end wall of the first housing part is configured to conform to at least one end wall of the second housing part (as illustrated in Fig.s 4 & 5).
Regarding Claim 5, Cutting discloses all aspects of the claimed invention, as stated above. Cutting further discloses a curvature of at least one end wall of the first housing part is substantially the same as a curvature of at least one end wall of the second housing part. Examiner notes the limitation "curvature" is recited without dimensional restriction and has therefore been interpreted to mean the form of any surface. Examiner further notes elements (40) & (50) fit together (as illustrated in at least Fig 4) and therefore meet the BRI of the claims.
Regarding Claim 6, Cutting discloses all aspects of the claimed invention, as stated above. Cutting further discloses at least one end wall of the first housing part overlaps at least one end wall of the second housing part; and/or wherein at least one end wall of the second housing part overlaps at least one end wall of the first housing part.
Regarding Claim 7, Cutting discloses all aspects of the claimed invention, as stated above. Cutting further discloses at least one end wall of the first housing part has a slot (50e) (as illustrated in Fig 5) and wherein at least one end wall of the second housing part is configured to be located within the slot (as illustrated in Fig 4).
Regarding Claim 8, Cutting discloses all aspects of the claimed invention, as stated above. Cutting further discloses at least one end wall of the first housing part has a recess (51), (52) with a lateral extent and
wherein at least one end wall of the second housing part has a lug (54) configured to be located within the recess. (Examiner notes element [40] is comprised of the various elements [41]-[45] and [54] as illustrated in Fig 5, and therefore any element of that group that performs a function may also be attributed to the assembly [40]).
Regarding Claim 9, Cutting discloses all aspects of the claimed invention, as stated above. Cutting further discloses the recess at least one end wall of the first housing part has a radius of curvature centered on the axis about which the second housing part can pivot. Examiner notes the radius of curvature of (51) appear to be consistent with the radius of curvature of (41) and Cutting discloses the fit between the two (Para [0068] Ln 6-8.
Regarding Claim 10, Cutting discloses all aspects of the claimed invention, as stated above. Cutting further discloses at least one side wall of the plurality of walls of the second housing part comprises a structure forming a plurality of openings (as illustrated in at least Fig 5).
Regarding Claim 11, Cutting discloses all aspects of the claimed invention, as stated above. Cutting further discloses the structure is configured to inhibit hair to pass through the plurality of openings to exit the cut hair collection chamber (Para [0083], Ln 1-3 discloses the means to prevent hair from exiting the cut hair collection chamber in the direction from which it enters).
Regarding Claim 12, Cutting discloses all aspects of the claimed invention, as stated above. Cutting further discloses the hair collector comprises an attachment portion (55) (Para [0069], Ln 4-5; as illustrated in Fig 5).
Regarding Claim 13, Cutting discloses a hair cutting appliance, having a pivoting cutting element (Para [0068], Ln 1-2) and a razor guard (Para [0075], Ln 1-7), configured for shaving (Para [0001], Ln 1-2) and/or trimming (Para [0051], Ln 1-2), to which is connected to a hair collector (50).
Regarding Claim 14, Cutting discloses a hair cutting appliance (Para [0051], Ln 1-2) having a pivoting cutting element (40) (Para [0068], Ln 1-2) and a razor guard (44) (Para [0075], Ln 1-7), configured for shaving and/or trimming, to which is integrated a hair collector (Para [0069], Ln 8-9),
wherein the hair collector comprises a first housing part (50); and a second housing part (40) (Para [0069] &Para [0070]; both as illustrated in at least Fig 5);
wherein the first housing part comprises a plurality of walls (as illustrated in at least Fig 5);
wherein the second housing part comprises a plurality of walls (as illustrated in at least Fig 5; Examiner has interpreted the exterior surfaces of elements [43] & [44}, which comprise element [40] and having a plurality of walls);
wherein, the first housing part is adjacent to the hair cutting element and the second housing part is adjacent to the first housing part (as illustrated in Fig 4);
wherein, a cut hair collection chamber is formed comprising the plurality of walls of the first housing part, the plurality of walls of the second housing part, and the cutting element (as illustrated in Fig 4);
wherein the hair collector is configured such that the second housing part can pivot as the cutting element pivots (Para [0070], Ln 6-10); and
wherein the hair collector is configured such that the first housing part does not pivot as the cutting element pivots (Examiner notes Cutting fails to explicitly disclose any motion of element [50]).
Regarding Claim 15, Cutting discloses a method of collecting hair from a hair cutting appliance (Para [0015], Ln 1-4) having a pivoting cutting element (40) (Para [0068], Ln 1-2) ,
the method comprising connecting a hair collector to the hair cutting appliance (as illustrated in at least Fig 3),
wherein the hair collector comprises a first housing part (50); and a second housing part (40) (Para [0069] &Para [0070]; both as illustrated in at least Fig 5);
wherein the first housing part comprises a plurality of walls (as illustrated in at least Fig 5);
wherein the second housing part comprises a plurality of walls (as illustrated in at least Fig 5; Examiner has interpreted the exterior surfaces of elements [43] & [44}, which comprise element [40] and having a plurality of walls);
wherein, the first housing part is adjacent to the hair cutting element and the second housing part is adjacent to the first housing part (as illustrated in Fig 4);
wherein, a cut hair collection chamber is formed comprising the plurality of walls of the first housing part, the plurality of walls of the second housing part, and the cutting element (as illustrated in Fig 4);
wherein the hair collector is configured such that the second housing part can pivot as the cutting element pivots (Para [0070], Ln 6-10); and
wherein the hair collector is configured such that the first housing part does not pivot as the cutting element pivots (Examiner notes Cutting fails to explicitly disclose any motion of element [50]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 4,428,117 Horii, et alia teaches a hair clipper.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Fred C Hammers whose telephone number is (571)272-9870. The examiner can normally be reached M-F, 0080-1700.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Adam Eiseman can be reached at (571) 270-3818. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/FRED C HAMMERS/
Examiner
Art Unit 3724
/ADAM J EISEMAN/Supervisory Patent Examiner, Art Unit 3724