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 . This office action is in response to the amendment filed on 6/26/2026 in which claims 1-8, 10-17 are pending and claims 1, 2, 7, 8, 14 and 16 are pending and claim 17 is new.
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 1-6, 8, 10-12, 14-16 are rejected under 35 U.S.C. 103 as being unpatentable over Erndt (EP 3546155) in view of Meier et al. (U.S. Patent 9,126,346), herein referred to as Meier et al. (U.S. Patent 9,126,346), herein referred to as Meier. Erndt discloses a hair cutting tool comprising an electric shaver or trimmer, the electric shaver or trimmer comprising a handle (2), a head (3) and a hair cutting tool (100/100/56) within said head (3), wherein said handle comprises an outer shell (302) and an inner shell (301) of a transparent translucent material (“wherein said inner and outer housings 301,302 may include transparent portions“ paragraph [0077]), said inner shell (301) enclosed within said outer shell (302),
wherein said head (3) is supported on said handle (2) to allow swivel motion of said head relative to said outer shell (swivel axis 7), wherein said hair cutting tool comprises at least three separate hair cutting units (100/100/56), wherein said inner shell (301) comprises an inner shell wall of the transparent or translucent material (paragraph [0077]), wherein said inner shell encloses a printed circuit board (circuit board 504) an electronic display element (light sources 503 supported by circuit board 504), a battery (“motor and battery compartment 93” paragraph [0100]) and a motor (93), wherein said outer shell (302) comprises a user interface (302d) comprising an on/off button or switch and
a display ( display 500, including the transparent cover of 302d that overlays 500) that indicates a functional status of the device by at least one of images, texts, figures or symbols (“Such display 500 may include a plurality of display symbols 501a-n to indicate such information such as a loading status of the device's battery, a cleaning status, last shaving time or other information” paragraph [0075]),
wherein the display comprises an outer window part (302d) that fits in a display opening (matching opening of 304; fig. 2) of said outer shell (302),
wherein said electronic display element (503/504) and said on/off button or switch are electronically connected to said PCB (504), wherein said battery (held in 93) and said motor (93) are electrically connected to said PCB (504), wherein said on/off button or switch is located on a same frontal side of said outer shell as said display, wherein said hair cutting tool (3) is located at a top end of the hair cutting device opposite to a bottom end of the hair cutting device,
wherein a distance from said display (500/ portion of 302d) to the top end of the hair cutting device (3) is less than a distance from said on/off button or switch to the top end of the hair cutting device, wherein said outer window part comprises a central main portion (oblong portion of 302d) that is recessed or depressed relative to the outer shell, wherein said central main portion (oblong portion) is transparent or translucent (“he outer housing 302 may include a transparent outer housing display part 302d”; paragraph [0078]) and wherein said electronic display element (500 / bottom portion of 302d) and said outer window part (302d) are configured so that the functional status indicated by the electronic display element is readable through the inner shell and the central main portion of the outer window part (paragraphs [0075-0076]).
Erndt sets forth that the inner housing and outer housing may have soft material portions that deform to activate switches inside the inner body. Erndt does not expressly disclose that the switching means is an on/off switch positioned relative to the display such that the distance from the display to the top end of the device is less than the distance from the on/off switch to the top end. Erndt also does not expressly disclose that the central main portion of outer window part 302d is recessed or depressed relative to the surrounding outer shell.
Meier discloses a body care device having a transparent or translucent window 28 through which an underlying display unit 38 is visible. The edge region of window 28 lies substantially in the plane of the outer surface of basic body 22, while the central main portion of window 28 has a concave outer surface contour and is therefore recessed or depressed relative to the surrounding outer surface (col. 5, lines 58-col. 6, lines 6). Meier further discloses switching elements 42 located below the display unit 38 on the same frontal side of the device, such that display unit 38 is closed to treatment head 12 than switching element 42; Figs. 1-2). Pressing switching element 42 switches the electrical vibrating element and microprocessor on or off in the manner of a main switch (paragraph [0082]).
It would have been obvious to one of ordinary skill in the art to configure the central portion of outer window part 302d of Erndt with the concave surface contour taught by Meier in order to provide a lens that optically enhances the appearance and readability of the underlying display. It further would have been obvious to arrange the display and on/off switch of Erndt in the relative positions taught by Meier namely with the display closer to the treatment head than the on/off switch, as a known user interface arrangement providing a readily visible display and an accessible main switch.
In regards to claim 2, the modified device of Erndt discloses wherein said outer window includes the central main portion (28 as modified by Meier) and a rim portion (annotated below; as modified by Meier) circumscribing the central main portion.
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In regards to claim 3, the modified device of Erndt discloses wherein said outer window part (26 as modified by Meier) is a one-piece part made from plastic and is formed with a depression; and wherein said rim portion (annotated above) is substantially flush mounted with the adjacent outer shell (e.g. 22 Meier / 2) and said central main portion (28 Meier) is recessed or depressed relative to the rim portion (see Meier; col. 5, lines 1-14).
In regards to claim 4, the modified device of Erndt discloses wherein said outer window part (26 as modified by Meier) is translucent (transparent) and dark colored (see Meier; col. 5, lines 1-14).
In regards to claim 5, the modified device of Erndt discloses said outer window (26 as modified by Meier) part is a 2-component injection molded part having a transparent central main portion and a non-transparent rim portion (col. 5, lines 1-14 and 46-57)
In regards to claim 6, the modified device of as modified by Erndt discloses wherein said on/off button or switch (42 of Meier) is part of the outer window part.
In regards to claim 8, the modified device of Erndt discloses wherein
said motor (93) is positioned between said battery (e.g. charging pins 310 to battery) and said top end of said hair cutting device (near 3),
wherein said PCB (504) is configured to extend been said inner shell (301) and said motor (93) and also between said inner wall (301) and said battery (e.g. charging pins 310 to battery) and wherein said electronic display (500) is positioned between said motor (93) and said inner shell wall (see fig. 4)
In regard to claim 10, the modified device of Erndt discloses said display is provided as one of a LCD type display, a TFT type display, a Touch-display, a QLED type display, an OLED type display, multiple LED's ; an AMOLED type display, or a Super AMOLED type display (Meier; Liquid crystal display LCD; col. 5, lines 58-col. 6, lines 6).
In regards to claim 11, the modified device of Erndt discloses wherein said display includes a sensory area (28; touch screen Meier) for activating and/ or deactivating a hair cutting device function.
In regards to claim 12, the modified device of Erndt discloses wherein said display (500/ 28 Meier) allows for gesture or finger swipe control of a hair cutting device function
(“The user interface of the toothbrush and the razor can be designed alternatively as a touch screen. The switching elements 42 are directly integrated and also the display unit 38 would be replaced by the touch screen.” Meier; Col. 26, lines 11-14).
In regard to claim 14, the modified device of Erndt discloses wherein said inner shell (301) is water sealed. (wherein the inner housing 301 may form a water-tight container protecting such components from liquids and moisture” paragraph [0066]).
In regards to claim 15, the modified device of Erndt discloses wherein the user interface includes said display (28; Meier as modified), said on/off button or switch (e.g. 42 Meier) and at least one mode button (Meier 42 switching button; between 28 and 42 power button; fig. 1 as modified); wherein said outer shell (302 /22 Meier) has a single display opening (annotated below; as modified by Meier)
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Claim 16 is rejected under the same premise as claim 1. Additionally, the modified device of Erndt discloses that the PCB(504) extends continuously between an inner shell wall (301) of said inner shell and said motor (93) and between said inner shell wall and said battery (“the motor 93 and the battery compartment”).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Erndt (EP 3546155) in view of Meier et al. (U.S. Patent 9,126,346), herein referred to as Meier et al. (U.S. Patent 9,126,346), herein referred to as Meier
In regards to claim 7, the modified device of Erndt discloses said rim portion (annotated above of Meier) comprises a wide top portion which is flush mounted with the outwardly adjacent outer shell and is provided with an inwardly adjacent inclined portion, wherein said inclined portion that connects the central main portion (28) with the top portion (see Meier Fig. 16). However, the combined references do not explicitly disclose that the rim comprises a top portion having of width of at least 0.5 mm. It would have been obvious to one of ordinary skill in the art to modify the width of the rim to be at least 0.5mm, as thus would constitute a mere change in size of a known component. Such dimensional modification would have been a matter of routine design choice to achieve structural robustness, manufacturability, or aesthetic considerations, and would not affect the fundamental operation of the device. A change in size of components, absent a new or unexpected results is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955).
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Erndt (EP 3546155) in view of Meier et al. (U.S. Patent 9,126,346), herein referred to as Meier et al. (U.S. Patent 9,126,346), herein referred to as Meier. In regard to claim 13, the modified device of Erndt discloses the claimed inventio but is silent as to the material of the outer shell and does not explicitly disclose wherein said outer shell is made of metal. It would have been obvious to one having ordinary skill in the art at the time the invention was made to have formed the outer shell from metal, as the section of a suitable material for a known component is a matter of routine design choice. Metals and plastics are well known alternative materials for razor housing, each offering predictable advantages such as strength, durability and manufacturability. Selecting metal as the material for the outer shell would have been an obvious substitution of one known material for another to obtain predictable results, and would not have altered the fundamental operation of the device. In re Leshin, 125 USPQ 416.
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Erndt (EP 3546155) in view of Meier et al. (U.S. Patent 9,126,346), herein referred to as Meier et al. (U.S. Patent 9,126,346), herein referred to as Meier
Claim 17 is rejected in the substantially the same manner as claim 1 as set forth above. Additionally, the modified device of Erndt shows that the PCB (504) extends continuously from a first portion between said outer shell (302) and said motor (93) to a second portion between said outer shall and said battery (93); and wherein the display (500/ 28 as modified by Meier) and on/off button (42 Meier) are on a first side (front side) of the PCB (504) and wherein the battery and motor are on a second side (back side) of the PCB (504). The modified device of Erndt does not disclose that the electrical connections are provided on the respective sides corresponding to their physical locations. Meier discloses that the display 38 and switching elements 42 are electrically connected to the first side of circuit board 36 facing the outer shell whereas motor 32 and battery 34 are electrically connected to the opposite second side of circuit board 36 by motor contacts 46 and battery supply contacts respectively (fig 9). It would have been obvious to one having ordain skill in the art to provide the electrical connections of the display, switching means, motor, and battery of Erndt corresponding to their physical locations of those components as taught by Meier, in order to simplify the electrical connections, facilitate assembly and provide compact internal packaging.
Response to Arguments
Applicant’s arguments with respect to claims 1-17 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 LAURA M LEE whose telephone number is (571)272-8339. The examiner can normally be reached M-F 8a.m.- 5p.m..
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/LAURA M LEE/Primary Examiner, Art Unit 3724
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