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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 06/29/26 has been entered.
Response to Amendment
The Amendment filed 06/29/26 has been entered. Claims 1 and 13 have been amended, and claim 12 has been cancelled. Claims 9-11 and 14-19 have been withdrawn. Claims 1-8 and 13 are addressed in the following office action.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-8 and 13 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Concerning claim 1, applicant’s original disclosure fails to divulge “the second end including a cutting component positioned entirely within the second plane”. Specifically, examiner is interpreting the second plane to be defined by the first and second protrusions thickness, and applicant’s disclosure fails to detail the numerical values of the thickness of the first and second protrusions and the cutting component, or that the first and second protrusions are the same thickness as the cutting component. So, it is unclear how the cutting component is positioned entirely within the second plane. Hence, the limitation is considered new matter. Claims 2-8 and 13 are rejected for the same reasons as claim 1 by virtue of dependency on claim 1.
NO PRIOR ART REJECTION.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Lark et al (US 2021/0186525) divulges claim 1 as substantially claimed, except for “the second end including a cutting component positioned entirely within the second plane”. Lark et al (US 2018/0199948) divulges claim 1 as substantially claimed, except for “the second end including a cutting component positioned entirely within the second plane”.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Examiner Chima Igboko whose telephone number is (571)272-8422. The examiner can normally be reached on Monday-Friday 9:00am-6:00pm.
If attempts to reach the examiner by telephone are unsuccessful, please contact the examiner’s supervisor, Jackie Ho, at (571) 272-4696. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHIMA U IGBOKO/Examiner, Art Unit 3771
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