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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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.
Claim Objections
Claims 1 and 16 are objected to because of the following informalities: Claim 1, lines 3-8 should be corrected as follows, “a locking mechanism releasably attachable to the tool head, the locking mechanism comprising a rotatable switch and a receiver having a recess, the rotatable switch is rotatable between two positions, wherein in a first position--,-- the blade cover is fixedly securable to a tool head, and in a second position--,-- the blade cover is releasably attachable to the tool head, and wherein the rotatable switch comprises a shaft that rotates in the receiver between the first position and the second position” Claim 16, lines 6-11 should be corrected as follows, “a locking mechanism releasably attachable to the tool head, the locking mechanism comprising a rotatable switch and a receiver, the rotatable switch is rotatable between two positions, wherein in a first position--,-- the blade cover is fixedly securable to a tool head, and in a second position--,-- the blade cover is releasably attachable to the tool head, and wherein the rotatable switch comprises a shaft that rotates in the receiver between the first position and the second position” Appropriate correction is required.
Claim Rejections - 35 USC § 102
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 1-4 and 7-13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Jusidman et al (US Publication 2021/0370536), herein referred to as Jusidman. Regarding claim 1, Jusidman discloses a blade cover (10, 110) for an axe, comprising: a protective portion (front portion 123 of frame 120 with flange 125) arranged to cover a sharp edge of a tool head (para. 0049, lines 15-22); a locking mechanism (40) releasably attachable to the tool head, the locking mechanism comprising a rotatable switch and a receiver having a recess (between elongated locking arms 42, 43), the rotatable switch is rotatable between two positions, wherein in a first position (figs. 6A and 6B), the blade cover is fixedly securable to a tool head (para. 0044, lines 1-9), and in a second position (figs. 7A and 7B) the blade cover is releasably attachable to the tool head (para. 0044, lines 9-14 and para. 0046), and wherein the rotatable switch comprises a shaft (formed by elongated elements 53, 54, 55) that rotates in the receiver between the first position (fig. 6B) and the second position (fig. 7B); wherein the tool head includes a through hole having a rim (arms 42, 43 shown extending through the through hole in fig. 8), and the recess on the receiver accommodates the rim when the blade cover is attached to the tool head (figs. 8 and 9). Regarding claim 2, Jusidman discloses the protective portion (20) is on one end (i.e., front portion 12) of the blade cover and the locking mechanism (40, 50) is on the other end (i.e., rear portion 14) of the blade cover, opposite the protective portion.
Regarding claim 3, Jusidman discloses the protective portion comprises an edge protecting strip (annotated fig. 4; i.e., the juncture of four walls 21, 22, 23 and 24) and at least one front sideward extension (25) and at least one back sideward extension (21) from respective front side and back side of the edge protecting strip (fig. 1).
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Regarding claim 4, Jusidman discloses the back sideward extension (21) is connected to the locking mechanism via a connecting portion (middle portion 13).
Regarding claim 7, Jusidman discloses the protecting portion, the connecting portion and the locking mechanism excluding the rotatable switch are integrally manufactured as one component (para. 0034, lines 5-11). Examiner notes this is a product-by-process claim.
Regarding claim 8, Jusidman discloses the rotatable switch (50) is fastened to the receiver by snap fastening (via coupling tabs 54).
Regarding claim 9, Jusidman discloses the receiver (40) comprises a frustum surface (tapered surfaces 44, 45) made of at least two parts (notches 44, 45 at end of arms 42, 43) and the shaft of the rotatable switch (50) comprises first portion having a first cross-section (beneath locking tabs of shaft portion 54) and a second portion having a second cross-section (at locking tabs of shaft portion 54), wherein the rotatable switch (50) is snap fastened to the receiver by guiding the second portion of the shaft between said at least two parts of the frustum surface (para. 0043).
Regarding claim 10, Jusidman discloses an axe assembly (fig. 13), comprising an axe having a tool head (60) and a handle (fig. 13), and a blade cover (annotated fig. 4) as claimed in claim 1.
Regarding claim 11, Jusidman discloses the through hole and the rotatable switch (50) has a coinciding axis when the blade cover is attached to the tool head (figs. 6B, 7B and 8).
Regarding claim 12, Jusidman discloses the rotatable switch (50) comprises a first mating surface (axial edges of latch member 53), and the tool head (60) comprises a second mating surface (i.e., edge engaged by notches 44, 45; fig. 8) at an edge of the through hole, wherein the first mating surface is arranged to abut on the second mating surface in the first position (axial edges of latch 53 abut against inner sides of arms 42, 43, thereby abutting the second mating surface of the tool head).
Regarding claim 13, Jusidman discloses the second mating surface comprises a depression (fig. 8).
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.
Claims 5 and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Jusidman (US Publication 2021/0370536) in view of Fortier et al (US Publication 2007/0256278), herein referred to as Fortier. Regarding claim 5, Jusidman fails to disclose the connecting portion (13) comprises a clip or at least two slits for attaching the blade cover to a belt or a strap. However, Fortier teaches it is known in the art of covers (18) for a tool head (axe head 14) to provide a clip (45) with two slits (i.e., on the front and back thereof allowing a belt to extend therethrough) for attaching the blade cover to a belt or a strap (para. 0033). It would have been obvious to one having an ordinary skill in the art before the effective filing of the invention to modify the blade cover of Jusidman with the teaching of Fortier such that the connecting portion includes a clip in order to facilitate “fixing [of the blade cover] to a belt worn by the user for example, for transportation” (para. 0033, lines 3-5). Regarding claim 6, the modified blade cover of Jusidman substantially disclosed above includes the connecting portion (13) comprises a protruded portion (the body of clip 45) between the two slits (the slits are on the front and back edges of the clip 45 with respect to the blade cover).
Claims 14-19 are rejected under 35 U.S.C. 103 as being unpatentable over Jusidman (US Publication 2021/0370536) in view of Grundström et al (US Publication 2020/00789927), herein referred to as Grundström, and Chen (US Patent 7,066,052). Regarding claim 14, Jusidman fails to specifically disclose the tool head is made of a first material and the handle is made of a second material, wherein the second material at least partially surrounds the tool head and the through hole. However, Grundström teaches it is known in the art of hand tools, such as axes, to provide the axe with a tool head (1) made from a first material (e.g., steel, para. 0014, lines 10-12), a handle (2) made from a second material (para. 0014, lines 1-6) and a connecting portion (3) made from a third material (i.e., plastic, para. 0011, lines 2-5). Grundström teaches the plastic connecting portion (3) at least partially surrounds the tool head (figs. 1 and 4). Chen (US Patent 7,066,052) teaches it is known in the art of hand tools to provide a tool head (hammer body 20) made from a first material (i.e., a material suitable for striking a nail) and a handle (10) made from a second material (col. 2, lines 49-55, i.e., injection molded around hammer body 20), wherein the second material at least partially surrounds the tool head (col. 2, lines 56-58) and the through hole (col. 2, lines 59-67). It would have been obvious to one having an ordinary skill in the art before the effective filing of the invention to modify the axe assembly of Jusidman substantially disclosed above with the teaching of Grundström and Chen such that the tool head is made from a first material and the handle made from a second material; the second material at least partially surrounds the tool head and the through hole in order to dampen vibrations and transfer of impact forces through the tool head (as taught by Chen in col. 3, lines 1-10). Regarding claim 15, the modified axe assembly of Jusidman substantially disclosed above includes wherein the second mating surface is made of the second material (e.g., as taught by fig. 3 of Chen). Regarding claim 16, Jusidman discloses an axe assembly, comprising: an axe having a tool head and a handle, wherein the tool head comprises a through hole; a blade cover (10) comprising a protective portion (20) arranged to cover a sharp edge of a tool head (para. 0042, lines 5-6); a locking mechanism releasably attachable to the tool head, wherein the locking- mechanism (40, 50) comprising a rotatable switch (“snapping key” 50) and a receiver (40), the rotatable switch is rotatable between two positions, wherein in a first position (figs. 6A and 6B) the blade cover is fixedly securable to the tool head (para. 0044, lines 1-9) and in a second position (figs. 7A and 7B) the blade cover is releasably attachable to the tool head (para. 0044, lines 9-14 and para. 0046), and wherein the rotatable switch comprises a shaft (axially extending elements of locking portion 52) that rotates between the first position and the second position; and a snap lock pin (e.g., coupling tabs 54 and guide pins 55). Jusidman fails to disclose the tool head is made of a first material and the handle is made of a second material, wherein the second material at least partially surrounds the tool head and the through hole. However, Grundström teaches it is known in the art of hand tools, such as axes, to provide the axe with a tool head (1) made from a first material (e.g., steel, para. 0014, lines 10-12), a handle (2) made from a second material (para. 0014, lines 1-6) and a connecting portion (3) made from a third material (i.e., plastic, para. 0011, lines 2-5). Grundström teaches the plastic connecting portion (3) at least partially surrounds the tool head (figs. 1 and 4). Chen (US Patent 7,066,052) teaches it is known in the art of hand tools to provide a tool head (hammer body 20) made from a first material (i.e., a material suitable for striking a nail) and a handle (10) made from a second material (col. 2, lines 49-55, i.e., injection molded around hammer body 20), wherein the second material at least partially surrounds the tool head (col. 2, lines 56-58) and the through hole (col. 2, lines 59-67). It would have been obvious to one having an ordinary skill in the art before the effective filing of the invention to modify the axe assembly of Jusidman substantially disclosed above with the teaching of Grundström and Chen such that the tool head is made from a first material and the handle made from a second material; the second material at least partially surrounds the tool head and the through hole in order to dampen vibrations and transfer of impact forces through the tool head (as taught by Chen in col. 3, lines 1-10). Regarding claim 17, the modified axe assembly of Jusidman substantially disclosed above includes wherein the rotatable switch comprises a first mating surface (edge of shaft member 53), and the tool head comprises a second mating surface (Jusidman, fig. 8) at an edge of the through hole, wherein the first mating surface is arranged to abut on the second mating surface in the first position (via clamping area42, 43 and notches 44, 45 formed at the ends thereof, respectively). Regarding claim 18, the modified axe assembly of Jusidman substantially disclosed above includes the second mating surface comprises a depression (Chen, fig. 3; i.e., the edge of second mating surface around through hole 25 is depressed from the outer surface of the second material surround the tool head). Regarding claim 19, the modified axe assembly of Jusidman substantially disclosed above includes wherein the second mating surface is made of the second material (e.g., as taught by fig. 3 of Chen).
Response to Arguments
Applicant's arguments filed July 28, 2025 have been fully considered but they are not persuasive. On page 8 of the Remarks, Applicant argues the combination of features, taken as a whole, are not disclosed, taught, or suggested by the cited references. Examiner respectfully disagrees. Please see the updated 102 rejection set forth above based upon Jusidman for specific details regarding claim mapping.
Conclusion
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/SAMUEL A DAVIES/Patent Examiner, Art Unit 3724 June 27, 2025
/BOYER D ASHLEY/Supervisory Patent Examiner, Art Unit 3724
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