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 .
Detailed Action
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 October 24, 2025 has been entered.
Claim Rejection - 35 U.S.C. 103
1. The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 65-71, 73-75 and 78-80 are rejected under 35 U.S.C. 103 as being unpatentable over The Show Channel title: Rollschleifer – Messer scharfen leicht gemacht – Das Ding des Jahres publication date:03/13/2019 place of publication: Youtube (https://www.youtube.com/watch?v=ZAnoSHdNJO8) cited in the 09/25/2024 Third-Party Submission Under 37 CFR 1.290 Concise Description of Relevance in view of Hasegawa (U.S. Patent Application Publication No. 2014/0342644).
Regarding claims 65 and 66, the Youtube video shows a magnetic sharpening jig (see below, hereinafter Youtube jig) comprising, among other things, the first side (e.g., the right side as seen) of the body of the jig forming a first acute angle with respect to an installation plane of the magnetic sharpening jig corresponding to a plane of a flat base upon which the magnetic sharpening jig is placed for use so that the flat base faces the lower side of the body, and the second side (e.g., the left side as seen) of the body forming a second acute angle with respect to the installation plane of the magnetic sharpening jig corresponding to the plane of the flat base upon which the magnetic sharpening jig is placed for use so that the flat base faces the lower side of the body substantially as claimed except the Youtube jig lacks a first flexible contact element and a second flexible contact element for selectively contacting with the blade and arranged on a first/right contact side and a second/left contact side of the jig.
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Hasegawa teaches it is desirable to provide a magnetic sharpening jig with a “flexible” contact element (e.g., a rubber or silicone covering, note the last five lines in paragraph [0023] as shown below) for contacting with a magnetizable metal blade of a cutting tool and for avoiding slip of the blade in addition to the magnetic force from a magnet (28) to hold/attract the metal blade during sharpening.
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In view of Hasegawa’s teaching, it would have been obvious to one skilled in the art to modify the Youtube jig by covering each of opposing contact sides (e.g., the left contact side and the right contact side each equipped with multiple magnets) with a flexible rubber contact element for the advantage set forth.
Regarding claim 67, the Youtube jig as modified shows all the claimed limitations except Hasegawa is silent about the hardness of the silicon rubber. However, the general concept of having a silicon rubber contact element for preventing slippage of a knife blade during sharpening is clearly taught by Hasegawa, and it would have been obvious to one skilled in the art to further modify the Youtube jig by selecting a desirable hardness such as the claimed Shore A hardness in a range from 20 to 40 for preventing slippage of a knife blade. Moreover, it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233 (CCPA 1955).
Regarding claim 68, the body of the Youtube jig shows in the Youtube video appears to consist entirely of wood. If it is argued, this is not the case. Then, it would have been obvious to one skilled in the art to use a well-known material such as “wood” for the Youtube sharpening jig as such material is well used in the sharpening jig art as evidenced by DE 202020103080 (cited in 03/07/2023 IDS with English translation, see paragraph [0028], lines 1-2 of the English transition).
Regarding claim 69, in the Youtube jig as modified, the silicone rubber covering acts as the claimed flexible contact element that has a higher flexibility than the body (e.g., made of wood) and/or the one or multiple magnets of the magnetic sharpening jig.
Regarding claims 70 and 71, in the Youtube jig as modified, the flexible contact elements (e.g., the silicone rubber coverings) cover the contact sides in sections or covers an entire surface of the contact sides.
Regarding claim 73, in the Youtube jig as modified, each of the flexible contact elements (e.g., the silicone rubber coverings) is configured to elastically deform by action of the magnetically attracted cutting tool to form a negative shape for a portion of the blade of the cutting tool being in contact with the flexible contact element.
Regarding claim 74, in the Youtube jig as modified, each of the flexible contact elements (e.g., the silicone rubber coverings) is configured such that contact between the magnetically attracted cutting tool and the body of the magnetic sharpening jig and/or the one or multiple magnets of the magnetic sharpening jig is partially or completely prevented.
Regarding claim 75, in the Youtube jig as modified, each the flexible contact elements (e.g., the silicone rubber coverings) has a planar contact surface for contacting the blade of the cutting tool.
Regarding claim 78, the Youtube video shows the magnetic sharpening jig to be used with a rolling sharpener.
Regarding claim 79, the Youtube video shows a method for sharpening or polishing a cutting tool (e.g., a knife) using the modified magnetic sharpening jig according to claim 65, comprising:
a step A of arranging the magnetic sharpening jig on the flat base;
a step B of providing the cutting tool (e.g. the knife) with the magnetizable blade and a cutting edge arranged thereon;
a step C of arranging the blade in a magnetic field of the magnetic sharpening jig so that the blade is magnetically attracted and comes into contact, with an entire surface of one of the flexible contact elements (e.g., silicone rubber coverings taught by Hasegawa as modified in claim 65); and
a step D of sharpening or polishing the cutting edge of the blade with the rolling sharpener.
Regarding claim 80, the Youtube video shows the blade being arranged in step C such that the cutting edge of the blade is facing away from the flat base.
Remarks
Applicant’s arguments with respect to claim 65 have been considered but are moot in light of the above new ground(s) of rejection. Claims 66-75 ad 78-80 stand or fall with their independent claim 65.
Point of Contact
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HWEI-SIU PAYER whose telephone number is (571)272-4511. The examiner can normally be reached on Monday - Friday from 7:00 AM to 3:00 PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Boyer Ashley, can be reached at telephone number 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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/HWEI-SIU C PAYER/ Primary Examiner, Art Unit 3724