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 § 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 1-8, 10, and 12-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipate by Hsieh (5,974,670).
Regarding claim 1, Hsieh teaches a nail trimming tool comprising:
a first blade and a second blade 211, wherein the first blade forms a first crescent, wherein the second blade forms a second crescent, wherein the first blade and the second blade are oriented to mirror each other on a vertical plane, wherein a concave surface of the first blade comprises a cutting edge of the first blade and a concave surface of the second blade comprises a cutting edge of the second blade, wherein the first blade and the second blade are oriented with a space between a portion of the first blade and a portion of the second blade forming a bladed plane, wherein a nail to be trimmed by the first blade and by the second blade is placed inside the space, and wherein the cutting edge of the first blade and the cutting edge of the second blade when closed around a shell of the nail maintain a portion of the first space between the first blade and the second blade such that the first blade and the second blade close around the shell of the nail but not around a quick of the nail, implement three-dimensional curve cuts at a cut line on the nail such that a nail margin of the nail takes a shape of the bladed plane in a single cutting motion and such that the three-dimensional curve cuts are in the shell of the nail and no cut is made to the quick of the nail.
See Figs. 1-8.
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Regarding the limitation “wherein the cutting edge of the first blade and the cutting edge of the second blade when closed around a shell of the nail maintain a portion of the first space between the first blade and the second blade such that the first blade and the second blade close around the shell of the nail but not around a quick of the nail, implement three-dimensional curve cuts at a cut line on the nail such that a nail margin of the nail takes a shape of the bladed plane in a single cutting motion and such that the three-dimensional curve cuts are in the shell of the nail and no cut is made to the quick of the nail”, the cutting space defined by the blades in Hsieh and the embodiment in Fig. 3 are the same. Therefore, the blades in Hsieh form a three-dimensional curve cut lines like the embodiment in Fig. 3. The blades in Hsieh can be placed anywhere on the nail and not coming close to the quick 104 of the nail and thus no cut is made to the quick of the nail.
Regarding claim 2, handles (31, 32) is best seen in Fig. 2.
Regarding claims 3-8, a space between the first blade and the second blade is best seen in Fig. 1. The size of the space depends on the handle moving towards or away from each other.
Regarding claim 10, an oval space is best seen in Fig. 1.
Regarding claim 12. Hsieh teaches a method of utilizing a nail trimming tool to cut a nail of a subject, comprising:
obtaining a nail trimming tool, the nail trimming tool comprising:
a first blade and a second blade 221, wherein the first blade forms a first crescent, wherein the second blade forms a second crescent, wherein the first blade and the second blade are oriented to mirror each other on a vertical plane forming a bladed plane, wherein a concave surface of the first blade comprises a cutting edge of the first blade and a concave surface of the second blade comprises a cutting edge of the second blade, wherein the first blade and the second blade are oriented with a space between a portion of the first blade and a portion of the second blade, wherein a nail to be trimmed by the first blade and by the second blade is placed inside the space; and
a handle (31, 32) attached to the first blade and to the second blade, wherein the handle controls the first blade and the second blade such that the first blade and the second blade move into a first position and into a second position, wherein in the first position the first blade and the second blade form the space and the second position, the first blade and the second blade move toward the vertical plane from opposing horizontal orientation;
utilizing the handle to orient the nail trimming tool into the first position;
placing the nail to be trimmed inside the space; and
utilizing the handle to orient the nail trimming tool into the second position, wherein based on orienting the nail trimming tool into the second position, the nail is clipped, wherein clipping the nail comprises closing the space, wherein when the space is closed around a shell of the nail, the cutting edge of the first blade and the cutting edge of the second blade implement three-dimensional curve cuts at a cut line on the nail such that a nail margin of the nail takes a shape of the bladed plane in a single cutting motion and such that the three-dimensional curve cuts are in the shell of the nail and no cut is made to a quick of the nail, and wherein the cutting edge of the first blade and the cutting edge of the second blade when closed around the shell of the nail maintain a portion of the first space between the first blade and the second blade such that the first blade and the second blade close around the shell of the nail but not around the quick of the nail.
See Figs. 1-8.
Regarding the limitation “wherein when the space is closed around a shell of the nail, the cutting edge of the first blade and the cutting edge of the second blade implement three-dimensional curve cuts at a cut line on the nail such that a nail margin of the nail takes a shape of the bladed plane in a single cutting motion and such that the three-dimensional curve cuts are in the shell of the nail and no cut is made to a quick of the nail, and wherein the cutting edge of the first blade and the cutting edge of the second blade when closed around the shell of the nail maintain a portion of the first space between the first blade and the second blade such that the first blade and the second blade close around the shell of the nail but not around the quick of the nail”, the cutting space defined by the blades in Hsieh and the embodiment in Fig. 3 are the same. Therefore, the blades in Hsieh form a three-dimensional curve cut lines like the embodiment in Fig. 3. The blades in Hsieh can be placed anywhere on the nail and not coming close to the quick 104 of the nail and thus no cut is made to the quick of the nail.
Regarding claims 13-15, a space between the first blade and the second blade is best seen in Fig. 1. The size of the space depends on the handle moving towards or away from each other.
Regarding claim 16, nail of a paw can be positioned between the blade for cutting.
Regarding claim 17, Hsieh teaches a nail trimming tool comprising:
a first blade and a second blade 221, wherein the first blade forms a first crescent, wherein the second blade forms a second crescent, wherein the first blade and the second blade are oriented to mirror each other on a vertical plane forming a bladed plane, wherein a concave surface of the first blade comprises a cutting edge of the first blade and a concave surface of the second blade comprises a cutting edge of the second blade, wherein the first blade and the second blade are oriented with a space between a portion of the first blade and a portion of the second blade, wherein a nail to be trimmed by the first blade and by the second blade can be placed inside the space;
a handle (31, 32) attached to the first blade and to the second blade, wherein the handle controls the first blade and the second blade such that the first blade and the second blade move into a first position and into a second position, wherein in the first position the first blade and the second blade form the space and the second position, the first blade and the second blade move toward the vertical plane from opposing horizontal orientations;
wherein based on moving toward the vertical plane, the cutting edge of the first blade and the cutting edge of the second blade trim the nail to be trimmed placed inside the space, and wherein the cutting edge of the first blade and the cutting edge of the second blade when closed around a shell of the nail in a single cutting motion and such that the three-dimensional curve cuts are in the shell of the nail and no cut is made to a quick of the nail, implement three- dimensional curve cuts at a cut line on the nail such that a nail margin of the nail takes a shape of the bladed plane, and wherein the cutting edge of the first blade and the cutting edge of the second blade when closed around the shell of the nail maintain a portion of the first space between the first blade and the second blade such that the first blade and the second blade close around the shell of the nail but not around the quick of the nail.
See Figs. 1-8.
Regarding the limitation “wherein the cutting edge of the first blade and the cutting edge of the second blade when closed around a shell of the nail in a single cutting motion and such that the three-dimensional curve cuts are in the shell of the nail and no cut is made to a quick of the nail, implement three- dimensional curve cuts at a cut line on the nail such that a nail margin of the nail takes a shape of the bladed plane, and wherein the cutting edge of the first blade and the cutting edge of the second blade when closed around the shell of the nail maintain a portion of the first space between the first blade and the second blade such that the first blade and the second blade close around the shell of the nail but not around the quick of the nail”, the cutting space defined by the blades in Hsieh and the embodiment in Fig. 3 are the same. Therefore, the blades in Hsieh form a three-dimensional curve cut lines like the embodiment in Fig. 3. The blades in Hsieh can be placed anywhere on the nail and not coming close to the quick 104 of the nail and thus no cut is made to the quick of the nail.
Regarding claims 18 and 19, a space between the first blade and the second blade is best seen in Fig. 1. The size of the space depends on the handle moving towards or away from each other.
Claims 1-3, 5-8, 12, and 14-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipate by Malin et al. (2009/0229622), hereinafter Malin.
Regarding claim 1, Malin teaches a nail trimming tool comprising:
a first blade and a second blade (34, 37), wherein the first blade forms a first crescent, wherein the second blade forms a second crescent, wherein the first blade and the second blade are oriented to mirror each other on a vertical plane, wherein a concave surface of the first blade comprises a cutting edge of the first blade and a concave surface of the second blade comprises a cutting edge of the second blade, wherein the first blade and the second blade are oriented with a space between a portion of the first blade and a portion of the second blade forming a bladed plane, wherein a nail to be trimmed by the first blade and by the second blade is placed inside the space, and wherein the cutting edge of the first blade and the cutting edge of the second blade when closed around a shell of the nail maintain a portion of the first space between the first blade and the second blade such that the first blade and the second blade close around the shell of the nail but not around a quick of the nail, implement three-dimensional curve cuts at a cut line on the nail such that a nail margin of the nail takes a shape of the bladed plane in a single cutting motion and such that the three-dimensional curve cuts are in the shell of the nail and no cut is made to the quick of the nail.
See Figs. 1 and 3.
Regarding the limitation “wherein the cutting edge of the first blade and the cutting edge of the second blade when closed around a shell of the nail maintain a portion of the first space between the first blade and the second blade such that the first blade and the second blade close around the shell of the nail but not around a quick of the nail, implement three-dimensional curve cuts at a cut line on the nail such that a nail margin of the nail takes a shape of the bladed plane in a single cutting motion and such that the three-dimensional curve cuts are in the shell of the nail and no cut is made to the quick of the nail”, the cutting edges of the blades form a curve (see Fig. 3). Therefore, the cut line on the nails has a curve shape matching with the shape of the cutting edge. Furthermore, the blades in Malin can be placed anywhere on the nail and not coming close to the quick 104 of the nail and thus no cut is made to the quick of the nail.
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Regarding claim 2, a handle 42 is best seen in Fig. 6.
Regarding claims 3 and 5-8, a space between the first blade and the second blade is best seen in Fig. 1. The size of the space depends on the handle moving towards or away from each other.
Regarding claim 12, Malin teaches a method of utilizing a nail trimming tool to cut a nail of a subject, comprising:
obtaining a nail trimming tool, the nail trimming tool comprising:
a first blade and a second blade (34, 37), wherein the first blade forms a first crescent, wherein the second blade forms a second crescent, wherein the first blade and the second blade are oriented to mirror each other on a vertical plane forming a bladed plane, wherein a concave surface of the first blade comprises a cutting edge of the first blade and a concave surface of the second blade comprises a cutting edge of the second blade, wherein the first blade and the second blade are oriented with a space between a portion of the first blade and a portion of the second blade, wherein a nail to be trimmed by the first blade and by the second blade is placed inside the space; and
a handle 42 attached to the first blade and to the second blade, wherein the handle controls the first blade and the second blade such that the first blade and the second blade move into a first position and into a second position, wherein in the first position the first blade and the second blade form the space and the second position, the first blade and the second blade move toward the vertical plane from opposing horizontal orientation;
utilizing the handle to orient the nail trimming tool into the first position;
placing the nail to be trimmed inside the space; and
utilizing the handle to orient the nail trimming tool into the second position, wherein based on orienting the nail trimming tool into the second position, the nail is clipped, wherein clipping the nail comprises closing the space, wherein when the space is closed around a shell of the nail, the cutting edge of the first blade and the cutting edge of the second blade implement three-dimensional curve cuts at a cut line on the nail such that a nail margin of the nail takes a shape of the bladed plane in a single cutting motion and such that the three-dimensional curve cuts are in the shell of the nail and no cut is made to a quick of the nail, and wherein the cutting edge of the first blade and the cutting edge of the second blade when closed around the shell of the nail maintain a portion of the first space between the first blade and the second blade such that the first blade and the second blade close around the shell of the nail but not around the quick of the nail.
See Figs. 1 and 3.
Regarding the limitation “wherein when the space is closed around a shell of the nail, the cutting edge of the first blade and the cutting edge of the second blade implement three-dimensional curve cuts at a cut line on the nail such that a nail margin of the nail takes a shape of the bladed plane in a single cutting motion and such that the three-dimensional curve cuts are in the shell of the nail and no cut is made to a quick of the nail, and wherein the cutting edge of the first blade and the cutting edge of the second blade when closed around the shell of the nail maintain a portion of the first space between the first blade and the second blade such that the first blade and the second blade close around the shell of the nail but not around the quick of the nail”, the cutting edges of the blades form a curve (see Fig. 3). Therefore, the cut line on the nails has a curve shape matching with the shape of the cutting edge. Furthermore, the blades in Malin can be placed anywhere on the nail and not coming close to the quick 104 of the nail and thus no cut is made to the quick of the nail.
Regarding claims 14 and 15, a space between the first blade and the second blade is best seen in Fig. 6. The size of the space depends on the movement of the handle 42.
Regarding claim 16, nail of a paw can be positioned between the blade for cutting. See Fig. 7.
Regarding claim 17, Hsieh teaches a nail trimming tool comprising:
a first blade and a second blade (34, 37), wherein the first blade forms a first crescent, wherein the second blade forms a second crescent, wherein the first blade and the second blade are oriented to mirror each other on a vertical plane forming a bladed plane, wherein a concave surface of the first blade comprises a cutting edge of the first blade and a concave surface of the second blade comprises a cutting edge of the second blade, wherein the first blade and the second blade are oriented with a space between a portion of the first blade and a portion of the second blade, wherein a nail to be trimmed by the first blade and by the second blade can be placed inside the space;
a handle 42 attached to the first blade and to the second blade, wherein the handle controls the first blade and the second blade such that the first blade and the second blade move into a first position and into a second position, wherein in the first position the first blade and the second blade form the space and the second position, the first blade and the second blade move toward the vertical plane from opposing horizontal orientations;
wherein based on moving toward the vertical plane, the cutting edge of the first blade and the cutting edge of the second blade trim the nail to be trimmed placed inside the space, and wherein the cutting edge of the first blade and the cutting edge of the second blade when closed around a shell of the nail in a single cutting motion and such that the three-dimensional curve cuts are in the shell of the nail and no cut is made to a quick of the nail, implement three-dimensional curve cuts at a cut line on the nail such that a nail margin of the nail takes a shape of the bladed plane, and wherein the cutting edge of the first blade and the cutting edge of the second blade when closed around the shell of the nail maintain a portion of the first space between the first blade and the second blade such that the first blade and the second blade close around the shell of the nail but not around the quick of the nail.
See Figs. 1-8.
Regarding the limitation “wherein the cutting edge of the first blade and the cutting edge of the second blade when closed around a shell of the nail in a single cutting motion and such that the three-dimensional curve cuts are in the shell of the nail and no cut is made to a quick of the nail, implement three-dimensional curve cuts at a cut line on the nail such that a nail margin of the nail takes a shape of the bladed plane, and wherein the cutting edge of the first blade and the cutting edge of the second blade when closed around the shell of the nail maintain a portion of the first space between the first blade and the second blade such that the first blade and the second blade close around the shell of the nail but not around the quick of the nail”, the cutting edges of the blades form a curve (see Fig. 3). Therefore, the cut line on the nails has a curve shape matching with the shape of the cutting edge. Furthermore, the blades in Malin can be placed anywhere on the nail and not coming close to the quick 104 of the nail and thus no cut is made to the quick of the nail.
Regarding claims 18 and 19, a space between the first blade and the second blade is best seen in Fig. 6. The size of the space depends on the movement of the handle 42.
Regarding claim 20, it well known in the art that the nail clipper is made of stainless steel.
Claim Rejections - 35 USC § 103
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 9 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Hsieh (5,974,670).
Regarding claim 9, Hsieh teaches the invention substantially as claimed except for the space being circular.
At the time the invention was made, it would have been an obvious matter of design choice to one skilled in the art to make the space being circular because both the oval space and the circular space provide the same advantage for encircling and cutting a workpiece.
Therefore, it would have been an obvious matter of design choice to modify the blades in Hsieh to define a circular space to obtain the invention as specified in claim 9.
Regarding claim 20, Hsieh teaches the invention substantially as claimed except for the blades made from stainless steel, plastic, aluminum, or ceramic.
To select a well-known material such as stainless steel, plastic, aluminum, or ceramic for the blades would have been obvious to one having ordinary skill in the art, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Response to Arguments
Applicant's arguments filed 04/09/2025 have been fully considered but they are not persuasive.
The blades in Hsieh and Malin define a space. When the blades are in the open position, the trimmer can be moved between the tip of the quick and the tip of the nail. The trimmer is then stopped before passing the tip of the quick for cutting. Therefore, the trimmers in Hsieh and Malin read on the claim language that the blades do not cut the quick of the nail.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PHONG H NGUYEN whose telephone number is (571)272-4510. The examiner can normally be reached M-F: 8-5.
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/PHONG H NGUYEN/Examiner, Art Unit 3724
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