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 .
Response to Amendment
The amendment filed October 21st, 2025 has been entered. Claims 1-6 remain pending in the application.
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 1-4 are rejected under 35 U.S.C. 103 as being unpatentable over Charles Gianatasio (US 20040139615 A1 – hereinafter Gianatasio) in view of Michael Gers (US 20050011531 A1 – hereinafter Gers) and Uit De Bulten (CN 106255576 A – hereinafter Bulten).
Regarding claim 1, Gianatasio teaches a hair clipper leveling device for precisely trimming lines in a person's hair, said device comprising: a clipper (Fig. 1, Trimmer 10) including a handle (Fig. 1, Enclosure 16) and a trimming head movably attached to said handle wherein said trimming head is configured to trim hair when said handle is gripped (Fig. 1, trimming head comprising of Blades 13 and 14; [0008]); and a level unit being integrated into said handle of said clipper (Fig. 1, Spirit Level 22), said level unit being oriented to measure deflection of said clipper along a lengthwise axis of said clipper wherein said level unit is configured to facilitate a user to trim precisely measured lines in the hair ([0010]-[0012]).
Gianatasio fails to teach that there is a display included in the level unit which displays indicia comprising a numerical readout on said display corresponding to a degree of deflection from said lengthwise axis.
However, Gianatasio does teach that the level unit does display indicia to corresponding to a degree of deflection from said lengthwise axis (Fig. 5, Lines 41; [0012]). Bulten teaches a display for purposes of presenting information related to the orientation of a clipper (Fig. 1, Feedback Module 60; page 10 para 4). Gers teaches the use of a numerical readout corresponding to the orientation of a clipper (Fig. 5; [0026]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the clipper of Gianatasio such that the level unit includes a display, as taught by Bulten, which displays indicia comprising a numerical readout corresponding to a degree of deflection from said lengthwise axis, as taught by Gers. Modifying Gianatasio to include a display would have required only the simple substitution of the existing indication method of Gianatasio (Fig. 5, Lines 41; [0012]) with the display of Bulten, and the substitution would lead to the predictable result of the angle orientation being portrayed on a screen for the user to read and interpret. It is known in the art that both the markings of Gianatasio and the display of Bulten can be used to display angle orientation information for a clipper. It is beneficial to display indicia comprising a numerical readout corresponding to a degree of deflection as it allows the hair stylist to view the degree at which they are cutting hair (Gers – [0027]).
Regarding claim 2, Gianatasio further teaches the device according to claim 1, wherein: said handle has a first end (Fig. 1, top end of Enclosure 16), a second end (Fig. 1, bottom end of Enclosure 16) and an outer surface extending between said first end and said second end (Fig. 1, outer surface of Enclosure 16), said handle being elongated between said first end and said second end; said trimming head is positioned on said first end (Fig. 1, trimming head including Blades 13 and 14); said outer surface has a top side (Fig. 1, surface opposite of Front Surface 23 which is not visible) and a bottom side (Fig. 1, Front Surface 23), each of said top side and said bottom side curving upwardly between said first end and said second end (Fig. 1); and said lengthwise axis extends through said first end and said second end of said handle (Fig. 1, the lengthwise axis bisects the Trimmer 10 in a way that passes through the first and second end).
Regarding claim 3, the combination of Gianatasio, Ger, and Bulten further teaches the device according to claim 2, wherein said display is integrated into said bottom side of said outer surface of said handle (Gianatasio teaches that the level unit is integrated into the bottom side of the outer surface of the handle (Fig. 1), and the combination teaches that the display is part of the level unit (See the rejection of claim 1 above), so therefore the display is integrated into said bottom side of said outer surface of said handle).
Regarding claim 4, Gianatasio further teaches the device according to claim 2, wherein said trimming head is oriented to cut along a line being perpendicularly oriented with said lengthwise axis of said clipper wherein said trimming head is configured to facilitate the user to precisely trim a line which is deflected from a horizontal axis ([0011] – Examiner interprets that the limitations present in claim 4 are intended use, and a user would be capable of using the trimmer to cut along a line perpendicularly orientated with the lengthwise axis to precisely trim a line deflected from the horizontal axis with the use of the integrated level unit).
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Charles Gianatasio (US 20040139615 A1 – hereinafter Gianatasio) in view of Michael Gers (US 20050011531 A1 – hereinafter Gers) and Uit De Bulten (CN 106255576 A – hereinafter Bulten) as applied to claim 1 above, and further in view of Eric Langberg et al. (KR 20220043148 A – hereinafter Langberg).
Regarding claim 5, Gianatasio further teaches the device according to claim 1, wherein: said handle has a first end (Fig. 1, top end of Enclosure 16), a second end (Fig. 1, bottom end of Enclosure 16) and an outer surface extending between said first end and said second end (Fig. 1, outer surface of Enclosure 16); said clipper includes a motor being positioned within said handle ([0009]), said motor being in mechanical communication with said trimming head for driving said trimming head ([0008], the motor must inherently be in mechanical communication with the trimming head for the blades to oscillate as disclosed); and said device includes a power supply being integrated into said clipper ([0008]-[0009]), said power supply being electrically coupled to said motor ([0008]-[0009]), said power supply comprising: a power switch being slidably integrated into said outer surface of said handle of said clipper (Fig. 1, Switch 19), said power switch being electrically coupled to said motor ([0009]), said power switch being positionable between an on position and an off position for actuating and de-actuating said motor ([0009], a switch is defined by the examiner as a device for making and breaking a connection in an electric circuit, therefore as a switch it must have an “on” and “off” position corresponding to maintaining or breaking this connection to actuate or de-actuate the motor); a rechargeable battery being integrated into said handle ([0008]), said rechargeable battery being electrically coupled to said motor ([0008]).
Gianatasio fails to teach a charge port being recessed into said second end of said handle thereby facilitating said charge port to insertably receive a charge cord, said charge port being electrically coupled to said rechargeable battery for charging said rechargeable battery; and an indicator being attached to said outer surface of said handle wherein said indicator is configured to be visible to the user, said indicator being electrically coupled to said rechargeable battery, said indicator emitting a visual alert which changes color corresponding to a charge level of said rechargeable battery wherein said indicator is configured to facilitate the user to visually identify the charge level of said rechargeable battery.
However, Langberg teaches a trimmer with a charge port (Fig. 9k, Charging Receptacle 38) being recessed into a second end of a handle (Fig. 9k, shown distal end of Shell 12 which is a part of Handle 18) thereby facilitating said charge port to insertably receive a charge cord (Fig. 9a, Charing Unit 52; page 5 para 5), said charge port being electrically coupled to a rechargeable battery (Fig. 6, Power Source 46) for charging said rechargeable battery (page 5 para 4 and 5); and an indicator being attached to an outer surface of said handle wherein said indicator is configured to be visible to the user (Fig. 10a; Second Light Source 124), said indicator being electrically coupled to said rechargeable battery (page 8 para 4 - if the indicator is used to display a status of the battery as disclosed, it inherently must be electrically coupled to the battery), said indicator emitting a visual alert which changes color corresponding to a charge level of said rechargeable battery wherein said indicator is configured to facilitate the user to visually identify the charge level of said rechargeable battery (page 8 para 4).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the clipper of Gianatasio such that there is a charge port being recessed into said second end of said handle thereby facilitating said charge port to insertably receive a charge cord, said charge port being electrically coupled to said rechargeable battery for charging said rechargeable battery; and an indicator being attached to said outer surface of said handle wherein said indicator is configured to be visible to the user, said indicator being electrically coupled to said rechargeable battery, said indicator emitting a visual alert which changes color corresponding to a charge level of said rechargeable battery wherein said indicator is configured to facilitate the user to visually identify the charge level of said rechargeable battery as taught by Langberg. Doing so is beneficial as it allows the transfer of power to the power source of the trimmer (Langberg, page 11 para 1), and the user can be alerted that the rechargeable battery needs to be charged (Langberg, page 8 para 4).
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Charles Gianatasio (US 20040139615 A1 – hereinafter Gianatasio) in view of Michael Gers (US 20050011531 A1 – hereinafter Gers), Uit De Bulten (CN 106255576 A – hereinafter Bulten), and Eric Langberg et al. (KR 20220043148 A – hereinafter Langberg).
Regarding claim 6, Gianatasio teaches a hair clipper leveling device for precisely trimming lines in a person's hair, said device comprising: a clipper (Fig. 1, Trimmer 10) including a handle (Fig. 1, Enclosure 16) and a trimming head movably attached to said handle wherein said trimming head is configured to trim hair when said handle is gripped (Fig. 1, trimming head comprising of Blades 13 and 14; [0008]); said handle has a first end (Fig. 1, top end of Enclosure 16), a second end (Fig. 1, bottom end of Enclosure 16) and an outer surface extending between said first end and said second end (Fig. 1, outer surface of Enclosure 16), said handle being elongated between said first end and said second end; said trimming head is positioned on said first end (Fig. 1, trimming head including Blades 13 and 14); said outer surface has a top side (Fig. 1, surface opposite of Front Surface 23 which is not visible) and a bottom side (Fig. 1, Front Surface 23), each of said top side and said bottom side curving upwardly between said first end and said second end (Fig. 1); said clipper includes a motor being positioned within said handle ([0009]), said motor being in mechanical communication with said trimming head for driving said trimming head ([0008]; a level unit being integrated into said handle of said clipper (Fig. 1, Spirit Level 22), said level unit being oriented to measure deflection of said clipper along a lengthwise axis of said clipper wherein said level unit is configured to facilitate a user to trim precisely measured lines in the hair ([0010]-[0012]), said lengthwise axis extends through said first end and said second end of said handle (Fig. 1, the lengthwise axis bisects the Trimmer 10 in a way that passes through the first and second end), said trimming head is oriented to cut along a line being perpendicularly oriented with said lengthwise axis of said clipper wherein said trimming head is configured to facilitate the user to precisely trim a line which is deflected from a horizontal axis ([0011] – Examiner interprets that the limitations present in claim 4 are intended use, and a user would be capable of using the trimmer to cut along a line perpendicularly orientated with the lengthwise axis to precisely trim a line deflected from the horizontal axis with the use of the integrated level unit); and a power supply being integrated into said clipper ([0008]-[0009]), said power supply being electrically coupled to said motor ([0008]-[0009]), said power supply comprising: a power switch being slidably integrated into said outer surface of said handle of said clipper (Fig. 1, Switch 19), said power switch being electrically coupled to said motor ([0009]), said power switch being positionable between an on position and an off position for actuating and de-actuating said motor ([0009], a switch is defined by the examiner as a device for making and breaking a connection in an electric circuit, therefore as a switch it must have an “on” and “off” position corresponding to maintaining or breaking this connection to actuate or de-actuate the motor); a rechargeable battery being integrated into said handle ([0008]), said rechargeable battery being electrically coupled to said motor ([0008]).
Gianatasio fails to teach that the leveling unit includes a display which displays indicia comprising a numerical readout on said display corresponding to a degree of deflection from said lengthwise axis, and that there is a charge port being recessed into said second end of said handle thereby facilitating said charge port to insertably receive a charge cord, said charge port being electrically coupled to said rechargeable battery for charging said rechargeable battery; and an indicator being attached to said outer surface of said handle wherein said indicator is configured to be visible to the user, said indicator being electrically coupled to said rechargeable battery, said indicator emitting a visual alert which changes color corresponding to a charge level of said rechargeable battery wherein said indicator is configured to facilitate the user to visually identify the charge level of said rechargeable battery.
However, Gianatasio does teach that the level unit does display indicia to indicate a degree of deflection from said lengthwise axis (Fig. 5, Lines 41; [0012]). Bulten teaches a display for purposes of presenting information related to the orientation of a clipper (Fig. 1, Feedback Module 60; page 10 para 4). Gers teaches the use of a numerical readout corresponding to the orientation of a clipper (Fig. 5; [0026]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the clipper of Gianatasio such that the level unit includes a display, as taught by Bulten, which displays indicia comprising a numerical readout corresponding to a degree of deflection from said lengthwise axis, as taught by Gers. Modifying Gianatasio to include a display would have required only the simple substitution of the existing indication method of Gianatasio (Fig. 5, Lines 41; [0012]) with the display of Bulten, and the substitution would lead to the predictable result of the angle orientation being portrayed on a screen for the user to read and interpret. It is known in the art that both the markings of Gianatasio and the display of Bulten can be used to display angle orientation information for a clipper. It is beneficial to display indicia comprising a numerical readout corresponding to a degree of deflection as it allows the hair stylist to view the degree at which they are cutting hair (Gers – [0027]).
Additionally, Langberg teaches a trimmer with a charge port (Fig. 9k, Charging Receptacle 38) being recessed into a second end of a handle (Fig. 9k, shown distal end of Shell 12 which is a part of Handle 18) thereby facilitating said charge port to insertably receive a charge cord (Fig. 9a, Charing Unit 52; page 5 para 5), said charge port being electrically coupled to a rechargeable battery (Fig. 6, Power Source 46) for charging said rechargeable battery (page 5 para 4 and 5); and an indicator being attached to an outer surface of said handle wherein said indicator is configured to be visible to the user (Fig. 10a; Second Light Source 124), said indicator being electrically coupled to said rechargeable battery (page 8 para 4 - if the indicator is used to display a status of the battery as disclosed, it inherently must be electrically coupled to the battery), said indicator emitting a visual alert which changes color corresponding to a charge level of said rechargeable battery wherein said indicator is configured to facilitate the user to visually identify the charge level of said rechargeable battery (page 8 para 4).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the clipper of Gianatasio such that there is a charge port being recessed into said second end of said handle thereby facilitating said charge port to insertably receive a charge cord, said charge port being electrically coupled to said rechargeable battery for charging said rechargeable battery; and an indicator being attached to said outer surface of said handle wherein said indicator is configured to be visible to the user, said indicator being electrically coupled to said rechargeable battery, said indicator emitting a visual alert which changes color corresponding to a charge level of said rechargeable battery wherein said indicator is configured to facilitate the user to visually identify the charge level of said rechargeable battery as taught by Langberg. Doing so is beneficial as it allows the transfer of power to the power source of the trimmer (Langberg, page 11 para 1), and the user can be alerted that the rechargeable battery needs to be charged (Langberg, page 8 para 4).
Response to Arguments
Applicant's arguments filed 10/21/2025 have been fully considered but they are not persuasive.
Regarding claims 1 and 6, Applicant argues that existing prior art does not teach the use of a specific numerical indication corresponding to a degree of deflection, and therefore claims 1 and 6 overcome the prior art of record. However, Gers teaches the use of specific numerical indication corresponding to a degree of deflection (Fig. 5; [0026]). Therefore, the rejections of claims 1 and 6, as well as the rejections of all claims depending on claim 1, remain valid.
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 ELLA LORRAINE KEENA whose telephone number is (571)272-1806. The examiner can normally be reached 7:30am - 5:00 pm ET.
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, Boyer Ashley can be reached at (571) 272-4502. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/ELLA L KEENA/ Examiner, Art Unit 3724 /BOYER D ASHLEY/Supervisory Patent Examiner, Art Unit 3724