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 § 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 1-11 are finally rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the enablement requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention. Claims 1, 10 and 11, each recites for a rotating ferrule that at least partially covers the second portion of the opening and a blade release position that releases the second portion of the opening, however, specification as originally filed does not describe any structure or elements enabling said function. Fig. 7, at the end of the lead line for reference character 7, points to a structure that appears to be a rib-like or a projection. However, there are no descriptions and/or drawing describing or enabling the function of covering and/or releasing the second portion of the opening with a “rotating blade”. Specification (paragraph 51, USPG Pub) in a brief description points to a slot in the ferrule juxtaposed to apparently enable pivoting of the pivot portion of the blade, however this pivoting motion is not described nor enabled. It appears the “pivoting blade” is a locking arm that pivots out of the groove 20 to enable insertion of the accessory , however there are no description as to how it pivots in and out and is effect or relationship to how the turning ferrule. The claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make the invention as claimed. Applicant is required to clarify, without adding new matter.
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-11 are finally rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 1 and 11, each recites the limitation "a pivoting blade disposed in the opening”, and a rotating ferrule rotatable mounted between a blade blocking position and a blade release position, rendering the claim indefinite. As previously noted, it is unclear what defines the “blade” or how the blade pivots. It appears the blade 19 pivots out and into the groove 20 of the handle, however no means is disclosed as to how this blade pivots.
Further with regards to claim 1, it is unclear how limiting a gripping handle further limits an accessory claimed. The accessory as defined includes, e.g., the functioning part, connecting part and retaining parts. The grip handle is not part of the accessory and the limitations given to the grip handle (not part of the claimed invention) renders the claim ambiguous. This is further illustrated in claim 10, for which an assembly is recited and a gripping handle with a pivoting blade disposed in the opening is recited again with an accessory as in claim 1 that seems not to comprise a pivoting blade.
Claim Rejections - 35 USC § 102
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 1-4 and 10, as best understood are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Turner (695,353).
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Turner discloses all of the limitations of claim 1, as best understood, i.e., an accessory configured to be removable 10 attachment in a grip handle, the grip handle comprising:
an inner housing 5,6 formed in an end portion @4 of the grip handle 1, the inner housing including an opening having a first portion 5 opening into an end face 4 of the grip handle and a second portion opening 6 onto a lateral side Fig. 4 of the grip handle, the end face 4 extending transversely to the direction of longitudinal extension of the grip handle Fig. 4,
a pivoting blade 7 disposed in the opening
a rotating ferrule 8 rotatably mounted between a blade 7 blocking position Fig. 3 in which the rotating ferrule 8 at least partially covers the second portion of the opening 6 and a blade 7 release position Fig. 4,
the accessory 10 comprising an assembly portion 8, and lower portion 10 configured for a removable attachment of the accessory to the grip handle 1, the assembly portion being configured to be inserted into the inner housing @4, 5, and comprising a retaining part 9&13 configured to cooperate with the rotating ferrule 7 in slot 13, 62:66 when the rotating ferrule is in the blocking position Fig. 3 so as to retain the assembly portion in the inner housing.
Regarding claim 2, PA (prior art, Turner) meets the limitations, i.e., the accessory according to claim 1, wherein the retaining part 9&13 comprises a prominence 9 configured to be received in a circumferential groove 13 provided on an inner surface of the rotating ferrule Fig. 3, to the prominence retaining the assembly portion when the rotating ferrule is in the blocking position.
Regarding claim 3, PA meets the limitations, i.e., the accessory according to claim 1, wherein the assembly portion 8&10 comprises an insertion part 9 or 7 operable to be received in the inner housing @ 5 or 6.
Regarding claim 4, PA meets the limitations, i.e., the accessory according to claim 3, wherein the insertion part e.g., 9 extends longitudinally Fig. 2, vertical extent along the main direction of extension of the accessory so as to form a guide lug during the insertion of the assembly portion into the inner housing.
Regarding claim 10, PA meets the limitations, i.e., an assembly 1, 8, 10 comprising a grip handle 1, the grip handle including:
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an inner housing formed in an end portion of the grip handle, the inner housing including an opening 5, 6 whose first portion 5 opens into an end face 4 of the grip handle 3 and whose second portion 6 opens onto a lateral side of the grip handle Fig. 4, the end face 4 extending transversely to the direction of longitudinal extension of the handle Fig. 4;
a rotating ferrule 8 rotatably mounted between a blocking position Fig. 3 in which the rotating ferrule 8 at least partially covers the second portion 6 of the opening 7 in slot 6 and a release position not shown in which the rotating ferrule 8 releases the second portion of the opening i.e., 7&9 in slot 5; and
at least one accessory according to claim 1 as applied above.
Claim Rejections - 35 USC § 103
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 11 and 7-9 are finally rejected under 35 U.S.C. 103 as being unpatentable over Turner (695,353) in view of Gerli (D674,669) .
Turner meets all of the limitations of claim 11 and claim 7, i.e., an assembly comprising a grip handle, the grip handle including:
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an inner housing 5,6 formed in an end portion @4 of the grip handle 1, the inner housing including an opening having a first portion 5 opening into an end face 4 of the grip handle and a second portion opening 6 onto a lateral side Fig. 4 of the grip handle, the end face 4 extending transversely to the direction of longitudinal extension of the grip handle Fig. 4,
a rotating ferrule 8 rotatably mounted between a blocking position Fig. 3 in which the rotating ferrule 8 at least partially covers the second portion 6 of the opening 7 in slot 6 and a release position not shown in which the rotating ferrule 8 releases the second portion of the opening i.e., 7&9 in slot 5,
an accessory 10 comprising:
an assembly portion lower portion configured for a removable attachment of the accessory to the grip handle 1, the assembly portion being configured to be inserted into the inner housing @4, and comprising a retaining part 9&13 configured to cooperate with the rotating ferrule 7 in slot 13, 62:66 when the rotating ferrule is in the blocking position Fig. 3 so as to retain the assembly portion in the inner housing, except for an accessory kit comprising the accessory being configured to be hooked to an additional accessory, the accessory kit or the accessory claim 7, comprising a hooking means configured to cooperate with additional hooking means provided on the additional accessory, so as to allow hooking of the accessory to the additional accessory.
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Gerli teaches an accessory kit comprising a complementary fork and knife kit, coupleable together by a hooking means. It would have been obvious to one of ordinary skill in the art, before the effective date of the invention, to modify the invention of Turner with a kit having extra tools provided with hooking means as taught by Gerli in adapting the tool for additional functions and a means to store the extra tools together.
Regarding claims 7-9, PA (prior art, Turner modified by Gerli) meets the limitations, i.e., the accessory combination of extra tool head comprising a hooking means lug for a first tool (as modified by Gerli) configured to cooperate with additional hooking means through lumen provided on the additional accessory second tool head, so as to allow hooking of the accessory to the additional accessory; an accessory kit comprising an additional accessory comprising additional hooking means and an accessory according to claim 7 and the accessory kit according to claim 8, wherein the hooking means and the additional hooking means are configured so that the assembly portions and functional portions, respectively, of the accessory and of the additional accessory are superposed when the hooking means is hooked to the additional hooking means.
Allowable Subject Matter
Claims 5 and 6, as best understood are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims, provided rejections under 112(a)/(b) are overcome and no new matter is added to the original disclosure.
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.
Response to Arguments
Applicant's arguments filed February 17, 2026 have been fully considered but they are not persuasive.
With regards to the new drawings, although currently not under objections, the disclosure still fails to support and incorporate a pivoting blade in conjunction with a rotating ferrule to lock and release an accessory. The criticality or functionally of a pivoting blade is not described or disclosed in the original disclosure to overcome the rejections under enablement and clarity.
With regards to a pivoting blade, the lug 7 is considered to meet this recitation, lacking any limitations to require otherwise. As indicted above and previously, it is unclear what defines the blade. The common definition of “part of a knife, sword or other cutting tools” does not seem to be applicable. It’s function and pivoting motion is not disclosed or described. Accordingly, the lug or projection 7, may be considered to meet the recitation, since it pivots or rotates.
Examiner, sincerely regrets not contacting the applicant prior to this Office action, however Examiner is available for further discussion to expedite the prosecution.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HADI SHAKERI whose telephone number is (571)272-4495. The fax phone number for forwarding unofficial documents for discussion purposes only is (571) 273-4495. The examiner can normally be reached on M-F.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Keller can be reached on 571 272 8548. The fax number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/Hadi Shakeri/
May 31, 2026 Primary Examiner, Art Unit 3723
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