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 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 1, 3, 11-15 and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Follo (US Patent 7,681,314) in view of Clarke et al (US (US Patent 10,562,198), herein referred to as Clarke, and further in view of Bykowski et al (US Publication 2013/0205595), herein referred to as Bykowski.
Regarding claim 1, Follo discloses a razor cartridge (10), comprising: a housing (14) having a guard (22) at a front region of the housing (col. 3, lines 44-46), a cap (16) at a rear region of the housing (col. 3, lines 59-61), and opposed end walls (annotated fig. 3A) connecting the guard and the cap, the housing defining a blade mounting region (col. 4, lines 16-20; annotated fig. 4) between the guard (22) and the cap (16);
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a first razor blade (annotated fig. 4) closest the guard (22), and a second razor blade (annotated fig. 4) both mounted in the blade mounting region (annotated fig. 4), each of the first razor blade and the second razor blade having a cutting edge (32), each cutting edge of both the first razor blade and the second razor blade face the guard (fig. 4); and
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an intermediate non-cutting and skin engaging structure (20) between the first and the second razor blade (annotated fig. 4), the intermediate non-cutting and skin engaging structure (20) having a leading edge region (annotated fig. 4) closest the guard (22) and at or adjacent a skin engaging surface (34) of the intermediate non-cutting and skin engaging structure (20), the leading edge region (annotated fig. 4) having a linear seal (col. 5, lines 34-41; see NOTE below) contacting the first razor blade (annotated fig. 4) and configured to seal a gap (annotated fig. 4) between a bent region of the first razor blade (i.e., each razor blade including blade 18 and corresponding blade support 24; col. 4, lines 41-47) and the intermediate non-cutting and skin engaging structure (as annotated). NOTE: Examiner interprets the annotated “leading edge region” of intermediate non-cutting and skin engaging structure (20) is configured to function as a “linear seal” because, as noted in col. 5, lines 34-41, Follo states, “in some embodiments, flow of shaving aid and other debris between the first inter-blade guard 20 and the blade 18 forward the first inter-blade guard 20 is substantially prevented during normal shaving” [emphasis added]. In other words, since Follo specifically discloses the flow of shaving aid and other debris is substantially prevented by the first inter-blade guard (20), the leading edge region thereof forms an elongated linear seal against the first razor blade extending across the width of the first razor blade. • Follo fails to disclose the linear seal of the leading edge region of the intermediate structure is an elastomeric linear seal contacting the first razor blade [emphasis added]. However, the following teaching is pertinent to this limitation: A. Follo describes the following: In col. 4, lines 31-33, Follo teaches, “each blade 18 may be mounted on the frame 12 such that the sharpened cutting edge 32 is movable relative to the shave plane (SP) under forces encountered during normal shaving” [emphasis added]; In col. 5, lines 3-7, Follo teaches, “the skin-engaging surface 34 of the first inter-blade guard 20 may be located above the shave plane (SP) when the razor cartridge 10 is at rest, but may deflect to a position below the shaving plane (SP) under the forces encountered during normal shaving;” This suggests there may be relative movement between skin-engaging surface 3 of first inter-blade guard 20 and adjacent razor blade. In col. 5, lines 17-26, Follo teaches, “the first inter-blade guard 20 may be mounted in the razor cartridge 10 in any suitable fashion… [f]or example, the first inter-blade guard 20 may be mounted to the blade support structure 24 (FIG. 4), to the blade 18 immediately forward of the inter-blade guard 20 (FIG. 5) and/or to the frame 14 (not shown)” [emphasis added]; and In col. 6, lines 3-5, “[t]he inter-blade guards 20, 38 may be made of any suitable material. For example, metal and polymeric materials have proven to have particular utility” [emphasis added]. B. Clarke (US Patent 10,562,198) teaches it is known in the art of razor cartridges to provide an intermediate structure [i.e., non-cutting element 14a] positioned between two adjacent razor blades (e.g., 12a-12e) of a razor cartridge (e.g., fig. 3B). Clarke teaches in col. 8, lines 31-33, “the non-cutting element 14a may desirably be an elastomeric guard-like element while non-cutting element 14b may be an exfoliating element” [emphasis added]. More broadly, Clarke states in col. 4, lines 57-60, “[t]he non-cutting element of the present invention may be made of any type of material such as, but not limited to, polymeric, elastomeric, thermoplastic elastomers, urethanes, olefins, rubbers, metals, or any combination thereof.” Clarke notes in col. 5, lines 3-6, “the non-cutting element material may include modifications of one or more of the above-listed materials (e.g., polymers and rubbers and their composites) with other materials.” It would have been obvious to one having an ordinary skill in the art before the effective filing of the invention to modify the intermediate structure of Follo with the teaching of Clarke such that the leading edge region of the intermediate structure is an elastomeric linear seal contacting the first razor blade in order to help maintain contact between the leading edge region of the intermediate structure and the razor blade to substantially prevent the flow of shaving aid and other debris therebetween when one or both of the razor blade and the intermediate structure move relative to the shaving plane (SP) in response to forces encountered during normal shaving. Additionally, the aforementioned modification would have been obvious to one having an ordinary skill in the art because Follo notes the intermediate structure may be made from any suitable material (such as those taught by Clarke). • The modified razor cartridge of Follo substantially disclosed above fails to disclose the leading edge region of the intermediate non-cutting and skin engaging structure contacts the first razor blade at a bent portion of the first razor blade. However, Bykowski teaches it is known in the art of razor cartridges with a plurality of bent razor blades (40) to form the bent razor blades in a variety of ways (figs. 4A-4C). For example, razor blade (40) depicted in fig. 4A has a planar first body portion (44), a bent body portion (46) with relatively small radius and further planar body portion (48). Alternatively, Bykowski teaches, “in some embodiments one or more of the planar portions depicted in FIG. 4A can be omitted, e.g. in FIG. 4B the body portion 43 includes a bent body portion 46 having a larger radius than that shown in FIG. 4A that extends from the cutting edge 42” (para. 0026, lines 11-15). In a further alternative, Bykowski teaches, “a cutting edge 42 and a first body portion (44) affixed, e.g. spot welded, to a bent support 50 having a support portion 52, a bent portion 54 and an upright portion 56 that provides a structural equivalent of a further body portion 48” (para. 0026, lines 18-22); the embodiment depicted in fig. 4C is structurally similar to the razor blade construction of Follo. The teaching of Bykowski suggests it is known in the art of shaving razor cartridges to include a bent razor blade with a bent body portion (46) extending from cutting edge (42) that omits the planar body portion proximate to the cutting edge. It would have been obvious to one having an ordinary skill in the art before the effective filing of the invention to modify the razor blades of Follo such that the razor blade is formed in such a manner that eliminates the planar body portion proximate to the cutting edge, i.e., a bent portion with a larger relative radius extends from the cutting edge, resulting in a seal at the leading edge region of the intermediate non-cutting and skin engaging structure contacts the first razor blade at a bent portion of the first razor blade because the substitution of one known element for another would have yielded predictable results and 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. Regarding claim 3, the modified razor cartridge of Follo substantially disclosed above includes the linear seal (Follo, annotated fig. 4* and col. 5, lines 37-41) extends along the leading edge region entirely between the opposed end walls (Follo, col. 5, lines 27-33). Regarding claim 11, the modified razor cartridge of Follo substantially disclosed above includes the linear seal comprises a mixture of a thermoplastic elastomer (Clarke, col. 4, lines 57-60) and a hydrophilic polymer (Clarke, col. 5, lines 24-28 and lines 34-37). Regarding claim 12, the modified razor cartridge of Follo substantially disclosed above, as set forth in the 103 rejection of claim 1, includes a razor cartridge, comprising:
a housing (14) having a cap (16) at a rear region of the housing (col. 3, lines 59-61), and opposed end walls (annotated fig. 3A), the housing defining a blade mounting region (col. 4, lines 16-20; annotated fig. 4) forward of the cap (fig. 4);
a first razor blade (annotated fig. 4) and a second razor blade (annotated fig. 4) both mounted in the blade mounting region (annotated fig. 4), each of the first razor blade and the second razor blade having a cutting edge (32), the cutting edge of each of the first razor blade and the second razor blade face a front region (i.e., toward guard 22); and
an intermediate non-cutting and skin engaging structure (20) between the first and the second razor blade (annotated fig. 4), the intermediate non-cutting and skin engaging structure (20) having a leading edge region (annotated fig. 4) closest the first blade and at or adjacent a skin engaging surface (34) of the intermediate non-cutting and skin engaging structure (20), the leading edge region having an elastomeric (as taught by Clarke) linear seal (col. 5, lines 34-41; see NOTE above on page 4) contacting the first razor blade at a bent region (as taught by Bykowski) of the first razor blade and configured to seal a gap between the bent region of the first razor blade and the intermediate non-cutting and skin-engaging structure (Follo col. 5, lines 34-41);
wherein the intermediate non-cutting and skin engaging structure is integral with the housing (Follo states in col. 5, lines 17-26, “the first inter-blade guard 20 may be mounted in the razor cartridge 10 in any suitable fashion… [f]or example, the first inter-blade guard 20 may be mounted to the blade support structure 24 (FIG. 4), to the blade 18 immediately forward of the inter-blade guard 20 (FIG. 5) and/or to the frame 14 (not shown)” [emphasis added]). NOTE: By mounting intermediate non-cutting and skin engaging structure (i.e., first inter-blade guard 20) to the frame, the intermediate non-cutting and skin engaging structure and the frame are considered integral with one another.
Regarding claim 13, Follo discloses a guard (22) forward of the first razor blade (fig. 4).
Regarding claim 14, Follo discloses the guard (22) is at the front region of the housing (Follo, col. 3, lines 43-46), the opposed end walls connecting the guard and the cap (Follo, annotated fig. 3A).
Regarding claim 15, the modified razor cartridge of Follo substantially disclosed above includes the linear seal (Follo, annotated fig. 4 and col. 5, lines 37-41) extends along the leading edge region entirely between the opposed end walls (Follo, col. 5, lines 27-33). Regarding claim 21, the modified razor cartridge of Follo substantially disclosed above includes the first razor blade is a bent razor blade (Follo, fig. 4 and Bykowski figs. 4A-4C).
6. Claims 2, 6-9 and 17-20 are rejected under 35 U.S.C. 103 as being unpatentable over Follo (US Patent 7,681,314), Clarke (US (US Patent 10,562,198) and Bykowski (US Publication 2013/0205595) in view of Wain et al (US Patent 5,802,721), herein referred to as Wain.
Regarding claim 2, the modified razor cartridge of Follo substantially disclosed above fails to disclose the intermediate structure is integrally formed with the housing. However, Wain teaches it is known in the art of razor cartridges to provide an intermediate structure (intermediate guard 6 supported by longitudinal bar 7), wherein “guard member [6] is supported by a longitudinal bar 7 integral with or otherwise fixed to the frame 3” (col. 3, lines 41-43).
It would have been obvious to one having an ordinary skill in the art before the effective filing of the invention to modify the intermediate structure of Follo with the teaching of Wain such that the intermediate structure is integrally formed with the housing as this is a suitable and known method for facilitating the placement of an intermediate structure within a razor cartridge and one having an ordinary skill in the art could have chosen any suitable way to mount the intermediate structure within the razor cartridge with respect to the razor blade.
Regarding claims 6-9, the modified razor cartridge of Follo substantially disclosed above fails to disclose the following: In claim 6, the intermediate structure comprises a plurality of platforms;
In claim 7, the platforms are cantilevered (i.e., rearward toward the following razor blade);
In Claim 8, a gap between adjacent platforms reduces in width in a front to rear direction of the cartridge (col. 2, lines 25-27); and In claim 9, a rear gap width is 0.1mm (col. 2, lines 27-28, “[a] minimum slot switch in the order of 0.05 mm has been found appropriate” [emphasis added]). Wain teaches in col. 4, lines 5-11, “[i]n use of the shaving unit, the guard surface slides over the skin in front of the leading blade edge. The majority of the hairs protruding from the skin enter the slots 10 and are guided along the slots. As a hair, having a typical diameter of 0.10 mm, approaches the narrowest slot portion it becomes gripped lightly between the two teeth on either side of the slot.” It would have been obvious to one having an ordinary skill in the art before the effective filing of the invention to modify the razor cartridge of Follo substantially disclosed above with the teaching of Wain in order to facilitate the desired management of hair as the razor cartridge moves over the skin due to the light gripping effect provided by the plurality of platforms taught by Wain. Regarding claim 17, the modified razor cartridge of Follo substantially disclosed above as set forth in the 103 rejections of claims 6-10 includes a razor cartridge, comprising: a housing having a cap at a rear region of the housing, and opposed end walls, the housing defining a blade mounting region forward of the cap; a first razor blade and a second razor blade both mounted in the blade mounting region, each of the first razor blade and the second razor blade having a cutting edge, the cutting edge of each of the first razor blade and the second razor blade face a front region; and an intermediate non-cutting and skin engaging structure between the first and the second razor blade, the intermediate structure having a leading edge region closest the first blade and at or adjacent a skin engaging surface of the intermediate structure, the leading edge region having an elastomeric (as taught by Clarke) linear seal contacting the first razor blade and configured to seal a gap between a bent region of the first razor blade and the intermediate non-cutting and skin engaging structure (Follo, annotated fig. 4); wherein the intermediate structure comprises a plurality of platforms.
Regarding claim 18, the modified razor cartridge of Follo substantially disclosed above as set forth in the 103 rejections of claim 6 includes the platforms are cantilevered.
Regarding claim 19, the modified razor cartridge of Follo substantially disclosed above as set forth in the 103 rejections of claim 8 includes a gap (10) between adjacent platforms (9) reduces in width in a front to rear direction of the cartridge.
Regarding claim 20, the modified razor cartridge of Follo substantially disclosed above as set forth in the 103 rejections of claim 10 includes a rear gap width is 0.1mm.
7. Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Follo (US Patent 7,681,314), Clarke (US (US Patent 10,562,198) Bykowski (US Publication 2013/0205595) in view of Hill et al (US Patent 10,350,773), herein referred to as Hill. Regarding claim 4, the modified razor cartridge of Follo substantially disclosed above fails to include an interface between the intermediate structure and a trailing edge of the linear seal is castellated. However, Hill teaches it is known in the art of razor cartridges to provide skin contacting surfaces co-molded onto base structures of the razor cartridge (as set forth in claim 25 of Hill) wherein a castellated interface (fig. 4) is formed between the two structures. It would have been obvious to one having an ordinary skill in the art before the effective filing of the invention to modify the razor cartridge of Follo substantially disclosed above with the teaching of Hill such that an interface between the intermediate structure and a trailing edge of the linear seal is castellated in order to form a resilient coupling between the two structures.
8. Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Follo (US Patent 7,681,314), Clarke (US Patent 10,562,198) and Bykowski (US Publication 2013/0205595) and further in view of Clarke (US Publication 2010/0083510), herein referred to as Clarke-2010, and Ogelsby et al (US Publication 2012/0317818), herein referred to as Ogelsby. Regarding claim 5, Follo states, “[t]he guard 22 may be made of any suitable material known to those of skill in the art and … [t]he guard 22 is typically integrally formed with the frame 14” (col. 3, lines 46-52). The modified razor cartridge of Follo substantially disclosed above fails to include the linear seal is co-formed with an elastomeric structure [of] the guard. However, the following references provide teaching pertinent to this limitation: A. Clarke-2010 teaches it is known in the art of razor cartridges to include a guard (28) that can be molded from polymeric materials (para. 0021, lines 26-28) or elastomeric materials (para. 0021, lines 40-41). Clarke-2010 also teaches “guard 28 may be molded to the housing 16 using an insert molding or two shot molding manufacturing processes” (para. 0021, lines 52-54). B. Ogelsby teaches it is known in the art of razor cartridges to provide a cartridge (10) with a housing (19), wherein according to para. 0051, “with little to no change to the structure of cartridge 10 or its housing 19, where a housing generally includes a frame 15 and a guard 16, any variation of types and numbers of blades and one or more skin contact elements 14 may be provided in the present invention.” Moreover, Ogelsby elaborates on one possible variation in para. 0079 stating, “[r]eferring now to FIG. 9, one such exemplary alternate embodiment of the present invention is shown to include at least one skin contact element 74 formed as a portion of the frame 75 as shown in the close-up view of the frame 75 in FIG. 9. For instance, the frame 75 may be injection-molded to include at least one skin contact element 74 desirably positioned lengthwise in any location in the cartridge, as generally described above with regard to FIGS. 1-3. The skin contact element may also be coupled to the frame via a snap fit or other known connection. Skin contact element 74 may be coupled to the frame 75 using other mechanical, thermal, chemical methods known to those of skill in the art. It should be noted that the skin contact element, formed together with the frame, can also be attached to or integrated with a razor blade or blades. The skin contact element, though part of the cartridge frame, may be of elastomeric or other material.” The teaching of Ogelsby suggests skin contact members can be co-formed integrally through injection-molding with other portions of the cartridge. It would have been obvious to one having an ordinary skill in the art before the effective filing of the invention to modify the razor cartridge of Follo substantially disclosed above with the teaching of Clarke-2010 and Ogelsby such that the linear seal is co-formed with an elastomeric structure [of] the guard (i.e., formed through injection molding) in order to reduce the number of separate molding steps that need to be performed during the manufacturing process of the razor cartridge. 9. Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Follo (US Patent 7,681,314), Clarke (US (US Patent 10,562,198) and Bykowski (US Publication 2013/0205595) and further in view of Gilder (US Publication 2005/0246898).
Regarding claim 10, the modified razor cartridge of Follo substantially disclosed above fails to include a rear region of the guard is provided with gaps. However, Gilder teaches it is known in the art of razor cartridges to provide a guard structure (12) with a variety of elements configured to improve the shaving experience for the user, including a rear region of the guard is provided with gaps (30) formed between lands (31).
It would have been obvious to one having an ordinary skill in the art before the effective filing of the invention to modify the razor cartridge of Follo substantially disclosed above with the teaching of Gilder such that a rear region of the guard is provided with gaps in order to help improve the distribution of shaving aid across the skin in front of the razor blades with respect to the shaving direction (Gilder, para. 0020, lines 24-31).
Response to Arguments
10. 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
11. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Masek (US Publication 2007/0234576) discloses bent razor blades. O’Connor (US Publication 2016/0332313/) discloses a razor shaving cartridge with bent razor blades.
12. 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.
13. 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/Patent Examiner, Art Unit 3724 June 26, 2026
/BOYER D ASHLEY/Supervisory Patent Examiner, Art Unit 3724
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