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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “switch circuity, Claim 1, line 12” and “connector (Claim 27, lines 2)” must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 1-7, 11-16, 19-23, 25, 26, and 30 are rejected under 35 U.S.C. 102(a)(1) as being anticipated US Patent No. 3,337,952 by Rosen.
In re claim 1, Rosen teaches an electric fillet knife handle for at least one knife blade, the electric fillet knife handle comprising:
a handle (Col. 2, lines 9-15) body having a rearward portion (as shown in at least Figure 1) and a forward portion (as shown in at least figure 1) forward from the rearward portion, the handle body including a gripping portion (as shown in at least Figure 1) between the forward and rearward portions configured for a user to grasp the handle;
a drive system comprising a blade receiver (13,15,59) and a motor (Col. 2, lines 16-22), the blade receiver (13,15,59) being configured to receive the at least one knife blade (10) from the forward portion of the handle body, the motor being operatively coupled to the blade receiver to move the blade receiver for moving the at least one knife blade with respect to the handle body;
a trigger (94) supported by the handle body and operable to energize the motor to drive the drive system to move the blade receiver; and
an electronic switch (100) configured to be actuated by the trigger to energize the motor to drive the drive system to move the blade receiver, wherein the blade receiver (13,15), the trigger (94), and the electronic switch (100) are located along the gripping portion of the handle body (as shown in at least Figure 11), and the electronic switch (100) is between the blade receiver and the trigger (as shown in at least Figure 11).
Note, the switch (100) is between (in the vertical direction) the trigger (94) and the bristles of the blade (10) which is disposed on the blade holder.
In re claim 2, wherein the trigger (94) is (capable of being) arranged to directly actuate the electronic switch (100) to energize the motor to drive the drive system to move the blade receiver.
In re claim 3, wherein the electronic switch (100) includes a moveable actuator (98) (capable of being) arranged to be pushed by the trigger to directly actuate the electronic switch to energize the motor to drive the drive system to move the blade receiver.
In re claim 4, wherein the electronic switch (100) includes an electronic switch housing (see Annotated Figure 4 on Pg. 9, below), the actuator (94) being biased partially outboard of the electronic switch housing.
In re claim 5, wherein the trigger (94) encloses the actuator (98).
In re claim 6, wherein the trigger (98) encloses the electronic switch housing (as shown in at least annotated Figure 2, on Pg. 4, below).
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In re claim 7, wherein the trigger (94) is (capable of being) moveable from an at rest position toward an operational position to directly actuate the electronic switch (100) to energize the motor to drive the drive system to move the blade receiver, the trigger (94) enclosing the actuator (98) when the trigger is in the at rest position (as shown in at least Figure 11) and in the operation position (as shown in at least Figure 11).
In re claim 11, wherein the trigger (94) encloses the electronic switch (100).
Note, the trigger of Rosen encloses the electronic switch in as much as Applicant’s device as shown in at least Figure 3.
In re claim 12, wherein the trigger (94) includes a cavity (see Annotated Figure 2), the electronic switch disposed in the cavity of the trigger.
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In re claim 13, wherein the trigger includes left and right side walls (see Annotated Figure 2, above) and a bottom wall (see Annotated Figure 2, above and Figure 12), the side and bottom walls bounding the cavity.
As shown in at least Annotated Figure 2 and in Figure 11, the trigger is a 3D structure, which includes side walls and a bottom wall.
In re claim 14, wherein the trigger (94) includes a rear wall (see Annotated Figure 2 and Figure 11) bounding the cavity.
In re claim 15, wherein the actuator (98) is (capable of being) pushed by an interior surface of the bottom wall of the trigger (94) to energize the motor to drive the drive system to move the blade receiver.
In re claim 16, wherein the handle body (21) includes left and right support walls (as shown in at least Figure 1), the left side wall of the trigger being disposed between the left support wall of the handle body and the electronic switch, and the right side wall of the trigger being disposed between the right support wall of the handle body and the electronic switch (as shown in at least Figure 12, see Annotated Figure 3, below).
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In re claim 19, wherein the handle body (21) has a longitudinal axis extending between the forward and rearward portions, and the electronic switch housing is oriented at a skew angle relative to the longitudinal axis (see Annotated Figure 4, below)
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In re claim 20, wherein the handle body has a longitudinal axis extending between the forward and rearward portions, the electronic switch extending in an electronic switch plane, the electronic switch plane intersecting the longitudinal axis at a skew angle (see Annotated Figure 4).
In re claim 21, wherein the electronic switch (100) comprises a moveable actuator (98) arranged to be pushed by the trigger (94) to actuate the electronic switch, the electronic switch further comprising an electronic switch housing (see Annotated Figure 1, below) supporting the moveable actuator, and wherein the trigger defines a recess (see Annotated Figure 1, below) receiving the electronic switch housing.
In re claim 22, wherein the handle body includes left and right support walls (as shown in at least Figure 1), and the trigger includes a left side wall and a right side wall (as shown in at least Figure 11), the left side wall of the trigger being disposed between the left support wall of the handle body and the electronic switch housing (as shown in annotated Figure 1), and the right side wall of the trigger being disposed between the right support wall of the handle body and the electronic switch housing.
The trigger has a left side wall and a right opposing side wall that extends into the paper.
In re claim 23, wherein the electronic switch (100) includes an electronic switch housing (as shown in Annotated Figure 1, above) and a moveable actuator (98) that is supported by the electronic switch housing and configured to be pushed by the trigger (94) relative to the electronic switch housing to actuate the electronic switch (100), wherein the trigger includes a left side wall and a right side wall, and the electronic switch housing is located between the left and right side walls of the trigger.
The trigger has a left side wall and a right opposing side wall that extends into the paper in which the trigger is located between.
In re claim 25, wherein the electronic switch (100) is located between the blade receiver (13,15,59) and the trigger (94).
In re claim 26, wherein the electronic switch housing (94) is formed separately from the handle body (21) and is mounted to the handle body (Col. 3, lines 6-8).
In claim 29, wherein, when the trigger (94) is (capable of being) pressed from an at rest position to an operational position, an interior surface of the trigger is configured to push the actuator (98) towards or the electronic switch housing close the switch circuitry within the electronic switch housing and energize the motor.
In re claim 30, wherein the actuator (98) of the electronic switch (100) is configured to press against the interior surface of the trigger (94) while the trigger is in the at rest position and the switch circuitry is open.
As shown in at least Figure 1, the surface of the switch attached via the fastener is configured to press against the interior surface of the trigger while the trigger is in the rest position.
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 8-10, 17, 18, and 24 are rejected under 35 U.S.C. 103 as being unpatentable over Rosen in view of FR1470049 to Scovill.
In re claim 9, Rosen teaches wherein the trigger (94) includes an abutment surface configured to engage the handle body to position the trigger in the at rest position (see Annotated Figure 2, below).
In re claim 10, wherein the trigger (94) includes a retainer configured to position the trigger in the at rest position.
In re claims 8, 17, 18, and 24 Rosen teach a trigger (94, Rosen) that moves from a rest to an operation position, but does not explicitly teach the triggers is configured to pivot about a pivot axis between the at rest and operational positions (Claim 8), wherein the trigger is pivotable about a pivot axis from an at rest position toward an operational position to actuate the electronic switch to energize the motor to drive the drive system to move the blade receiver (Claim 17), and wherein the pivot axis is adjacent a forward end of the trigger (Claim 18), and further comprising a shaft supported by the handle body, wherein a forward end portion of the trigger defines an opening, the shaft disposed in the opening, the trigger being pivotable about the shaft in the opening to actuate the electronic switch to energize the motor to move the blade receiver (Claim 24).
Scovill teaches a trigger (28) is configured to pivot about a pivot axis between the at rest and operational positions, wherein the trigger is pivotable about a pivot axis (the axis extends along pin 30) from an at rest position toward an operational position to actuate the electronic switch to energize the motor to drive the drive system to move the blade receiver, and wherein the pivot axis (the axis extending along pin 30) is adjacent a forward end of the trigger (28), further comprising a shaft (30) supported by the handle body (11), wherein a forward end portion of the trigger defines an opening (as shown in at least Figures 2-4), the shaft disposed in the opening, the trigger (28) being pivotable about the shaft (30) in the opening to actuate the electronic switch to energize the motor to move the blade receiver.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to provide the trigger of Rosen with a pivot pin having a pivot axis arrangement as taught by Scovill which are advantageous for maintaining controlled rotation along with smooth and precision positioning of the trigger. Providing Rosen with a pivot pin is merely an obvious design variant, which still permits the trigger to move in a desired direction to actuate the switch and subsequently the motor.
Claims 27 and 28 are rejected under 35 U.S.C. 103 as being unpatentable over Rosen in view of US Patent No. to 4,879,438 to Winchester.
In re claim 27, Rosen teaches an electric fillet knife handle, but does not teach wherein the electronic switch housing defines an aperture, and wherein the handle body includes a connector connecting the electronic switch housing to the handle body, the connector extending into the aperture of the electronic switch housing (Claim 27) and wherein the actuator is a plunger that is movable into and out of the electronic switch housing, and the actuator is biased to project outward from the switch housing (Claim 28).
Winchester teaches a knife having a handle body and an electronic switch (12), wherein the electronic switch housing (as shown in at least Figure 2) defines an aperture (as shown in at least Figure 2 via the two round holes), and wherein the handle body (10) includes a connector (as shown in at least Figure 2)connecting the electronic switch housing to the handle body, the connector extending into the aperture of the electronic switch housing (as shown in at least Figure 2) and wherein the actuator is a plunger (16) that is movable into and out of the electronic switch housing, and the actuator is biased to project outward from the switch housing (as shown in at least Figure 2).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to provide Rosen with an electronic switch arrangement including a plunger as taught by Winchester which is an obvious design variant of a mechanical switch which is advantageous for exceptional durability and compact design for small spaces.
Response to Arguments
The arguments to Arthur are moot, due to the claim amendments filed January 14, 2026.
Applicant's arguments filed January 14, 2026 have been fully considered but they are not persuasive. Applicant argues Rosen does not teach an electronic switch housing that housing switch circuitry and supports a movable actuator.
The Examiner respectfully disagrees. According to [Para 0021], the specification recites “The electronic switch includes a pair of electrical contacts 50, a spring biased actuator 50a and electronic switch circuitry configured to close a circuit between first and second connects responsive to activation of the spring biased actuator by movement of the actuator into the housing” and [Para 0024] recites “In the operational position, the interior of the base engages the actuator 50A which activates the circuitry within the electronic switch housing which energizes the motor to oscillate the blades.” As set forth in the above rejection and below, Annotated Figure 1 of Rosen teaches an electronic switch housing that houses electrical contacts (100) which is an electronic switch circuitry that aids in closing a circuit between the first and second contacts responsive to spring biased actuator movement of the actuator. This is shown in the Annotated Figure 1 (which has been reproduced, below). The switch housing also supports/engages movable actuator 98. It has been concluded the mechanical contact switches, in fact open and/or close the circuit creating switch circuitry to energize the motor.
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Conclusion
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JENNIFER S MATTHEWS whose telephone number is (571)270-5843. The examiner can normally be reached Monday-Thursday 8am-4pm.
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/JENNIFER S MATTHEWS/ Primary Examiner, Art Unit 3724
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