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
Applicant's election with traverse of Species A (Figs.1A-8) in the reply filed on 12/22/2025 is acknowledged. The traversal is on the ground(s) that due to Species A-D being related to tool sharpening, searching and examining non-elected Species B-D (claims 12-20) would not result in a serious burden. This is not found persuasive because Applicants fail to submit evidence or identify such evidence now of record to show species A-D to be obvious variants or clearly admit on the record that Species A-D are not patentably distinct.
The requirement is still deemed proper and is therefore made FINAL.
Drawings Objection
The drawings are objected to because :
(1) In Fig.5A, “32a” should read --32b--.
(2) In Fig.12, “70a” (the one on the right) should read --70b--.
(3) In Fig.13, “68a” and “68b” should read --66a-- and --66b--, respectively. Note Figs.14 and 15.
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.
Objection to the Specification
The disclosure is objected to because of the following informalities:
(1) On page 28, lines 1-3 and 5, “Fig. 2A” is not found in any drawings.
(2) On page 29, line 16, Fig. 2A” is not found in any drawings.
(3) On page 30, line 13, “apertures 38” should read --apertures 48--.
(4) On page 35, line 18, “106” should read --10b--.
(5) On page 36, lines 18-19, “74a” and “74b” are not found in the drawings.
Appropriate correction is required.
Claim Objection
Claim 10 is objected to because of the following informalities:
(1) In claim 10, line 2, after “surface”, --thereof-- should be added.
Appropriate correction is required.
Claim Rejection - 35 U.S.C. 112(b)
1. 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.
2. Claims 6 and 8-11 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
(1) Claim 6 is directed to non-elected Species B (Figs.9A-15) and is improperly dependent from claim 1 which is directed to the elected Species A (Figs.1A-8). Specifically claim 6 requires the sharpening device (2b) to further comprise a first securing component (66a, see Fig.11) coupled to the first coupler (64a, see Fig.9A) and a second securing component (66b, see Fig.11) coupled to the second coupler (64b, see Fig.9A), wherein each securing component (66a/66b) has a first position where the first holder (10a, see Figs.9A and 11) is able to rotate and a second position where the first holder (10a) is not able to rotate (e.g., is locked, see page 34, lines 16-19 of the specification). In Species B, tightening up the securing component (66a/66b) on the coupler (64a/64b) prevents rotation (e.g., angle adjustment) of the holder (10a) while loosening up the securing component (66a/66b) on the coupler (64/64b) allows rotation of the holder (10a). To the contrary, the elected Species A (Figs.1A-8) does not require any securing component coupled to a first coupler (64a/64b, see Fig.6A). In Species A, the angle adjustment of the holder (10a/10b) is accomplished by rotating the holder (10a/10b) relative to the base (8a) to a desired angle, and then a user inserts a setting device (50, see Fig.6A) into an aligned aperture (48) to lock the holder (10a/10b) at the desired sharpening angle (see page 30, lines 17-28 of the specification). In other words, locking of the holder (10a/10b) is by a setting device (50) in the elected Species A and by a securing component (66a/66b) in the non-elected Species B. Further, claim 1 requires the base (8a) to have a first plurality of apertures (16a, see Fig.2) arranged in a first circle having a first radius (18a), and a first holder (10a) to have a second plurality of apertures (34a, see Fig3) arranged in a second circle having a second radius (38a, see Fig.4A), wherein the first radius (18a) is equal to the second radius (38a). This limitation is not shown in the non-elected Species B (Figs.9A-15). Thus, claim 6 is improperly dependent from claim 1 and should be deleted.
(2) Claim 8 is directed to non-elected Species D (Figs.22-26) in which the sharpening device (2d, see Figs.25-26) comprises a base stand (86). Claim 1 requires the base (8a) to have a first plurality of apertures (16a, see Fig.2) arranged in a first circle having a first radius (18a), and a first holder (10a) to have a second plurality of apertures (34a, see Fig3) arranged in a second circle having a second radius (38a, see Fig.4A), wherein the first radius (18a) is equal to the second radius (38a). This limitation is not shown in the non-elected Species D (Figs.22-26). Thus, claim 8 is improperly dependent from claim 1 and should be deleted.
(3) Claim 9 is directed to non-elected Species D (Figs.22-26) in which the sharpening device (2d, see Figs.25-26) comprises at least one safety rod (88). Claim 1 requires the base (8a) to have a first plurality of apertures (16a, see Fig.2) arranged in a first circle having a first radius (18a), and a first holder (10a) to have a second plurality of apertures (34a, see Fig3) arranged in a second circle having a second radius (38a, see Fig.4A), wherein the first radius (18a) is equal to the second radius (38a). This limitation is not shown in the non-elected Species D (Figs.22-26). Thus, claim 9 is improperly dependent from claim 1 and should be deleted.
(4) Claim 10 is directed to non-elected Species B (Figs.9A-15) in which one of the first holder (10a) and the second holder (10b) comprises indicia (70a, see Fig.12) on an interior surface thereof, wherein the base (8) further comprises at least one base aperture (68a, see Fig.12) on the exterior surface of the at least one of the first holder (10a) and the second holder (10b) are operable to align with the at least one base aperture (68a). Claim 1 requires the base (8a) to have a first plurality of apertures (16a, see Fig.2) arranged in a first circle having a first radius (18a), and a first holder (10a) to have a second plurality of apertures (34a, see Fig3) arranged in a second circle having a second radius (38a, see Fig.4A), wherein the first radius (18a) is equal to the second radius (38a). This limitation is not shown in the non-elected Species B (Figs.9A-15). Thus, claim 10 is improperly dependent from claim 1 and should be deleted.
(5) Claim 11 is directed to non-elected Species C (Figs.16-21) in which the base (8c, see Fig.16) comprises an angle gauge (72) with a plurality of angle indicators (78) and a pointer (74) coupled to a pointer axle (76), wherein the pointer axle (76) is operable to engage with at least one of the first holder (10a) and the second holder (10b), wherein rotation of the at least one of the first holder (10a) and the second holder (10b) causes the pointer axle (76) to rotate and adjust the pointer (74) to align with an angle indicator of the plurality of angle indicators (78, see page . Claim 1 requires the base (8a) to have a first plurality of apertures (16a, see Fig.2) arranged in a first circle having a first radius (18a), and a first holder (10a) to have a second plurality of apertures (34a, see Fig3) arranged in a second circle having a second radius (38a, see Fig.4A), wherein the first radius (18a) is equal to the second radius (38a). This limitation is not shown in the non-elected Species C (Figs.16-21). Thus, claim 11 is improperly dependent from claim 1 and should be deleted.
(6) In claim 11, line 3, “at least one of the first holder and the second holder” should read --the at least one of the first holder and the second holder--. Note line 3 of the claim.
Indication of Allowable Subject Matter
1. Claims 1-5 and 7 are allowed.
2. Independent claim 1 contains allowable subject matter because none of the prior art of record taken alone or in combination thereof shows or fairly suggests the claimed sharpening device (2a) comprising, among other things, a base (8a) having a first plurality of apertures (16a, see Fig.2) arranged in a first circle and a first center aperture (14a) positioned at a first center point of the first circle; a first holder (10a) for receiving a first sharpening stone (4a, see Fig.1A) and having a second plurality of apertures (34a, see Fig.3) arranged in a second circle and a second center aperture (32a) positioned at a second center point of the second circle; a first coupler (46a, see Fig.6A) extending through the second center aperture (32a) and the first center aperture (14a) such that the first holder (10a) is rotatable relative to the base (8a) about the first coupler (46a) and a first rotation axis, wherein when the first sharpening stone (4a, see Fig.1) is positioned at a first angle relative to a bottom surface of the base (8a), one aperture of the first plurality of apertures (16a) is aligned with one aperture of the second plurality of apertures (34a); a second holder (10b) for receiving a second sharpening stone (4b, see Fig.1A) and having a third center aperture (32b, see Fig.3), wherein the second sharpening stone (4b, see Fig.1A) is capable of being set at a second angle via rotation of the second holder (10b); and a second coupler (46b, see Fig.6A) extending through the third center aperture (32b) of the second holder (10b) and a fourth center aperture (14b, see Fig.2) of the base (8a) such that the second holder (10b) is rotatable relative to the base (8a) about the second coupler (46b) and a second rotation axis.
Prior Art Citations
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
U.S. Patent No. 4,624,079 shows a sharpening tool (10) comprising two sharpening rods (46).
U.S. Patent Application Publication No. 2009/0275272 shows a sharpening tool (see Fig.1) comprising two holders (92) each holding a respective one of sharpening rods (30,32) of the sharpening tool.
WO 2024/189421 shows a sharpening tool comprising a base (3, see Figs.5-6), a holder (2) rotatably mounted to the base (3) via a pin (1) for receiving a sharpening rod (see Fig.4), and an angular regulator (4) mounted on the base (3) via pins (3’’’) such that the holder (2) is rotated around the pin (1) for leaning against an edge of an openings (4’) formed in the angular regular (4) to change sharpening angle of the sharpening rod.
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 6:00 AM to 2:00 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