Detailed Action
Continued Examination Under 37 CFR 1.114
1. A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 1-30-26 has been entered.
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
2. Claims 21 and 22 are 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.
Claim 21 recites the limitation "the second protrusion" in lines 1-2. There is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 103
3. 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 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.
Claim(s) 1-3, 5, 7, 9-11, 13-16, 19-20 and 23-24 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent No. 8,935,855 to Qiu in view of U.S. Patent No. 11,77,858 to Mon (Mon has a filing date of 9-7-22 that is before applicant’s earliest effective filing date being 9-27-22).
Referring to claim 1, Qiu discloses a folding utility knife comprising, a handle – at 1, and a blade carrier – at 2, that is pivotably secured to the handle – see at 4 in figures 1-2, the blade carrier pivotable between a closed position in which the blade carrier is pivoted inwardly toward the handle – not shown but as seen in figures 1-2 the blade carrier can pivot about item 4 toward the handle – at 1, and an open position in which the blade carrier is pivoted outwardly relative to the handle – see figures 1-2, the blade carrier including a housing – at 19a,19b, in which a blade pocket is formed – see inner space formed between 8,19a,19b as seen in figures 1-8, the blade pocket defining at least, a top edge – below item 8, a blade opening on an opposite side of the blade pocket from the top edge – see opening formed by 19a,19b below and opposite the top edge as seen in figures 5-6, a pair of side edges – at the edges of 19a,19b at the connection of 19a,19b to item 8 as seen in figures 5-8, and – edge of 8 proximate 11 as seen in figures 5-8, located on opposite sides of the blade pocket – see proximate left and right sides in figures 5-8, extending between the top edge and the blade opening – see extending from the top toward the bottom in figures 5-8, the pair of side edges include a first side edge and a second side edge – see at the edges of 19a and 19b at the connection with item 8 as seen in figures 5-8, and a pair of detents – at 9 and – at 13 and/or item 8 proximate 13 that is in close proximity to the blade – at 3 as seen in figures 5-8 with item 13 being a detent since it holds item 8 to the blade carrier – at 2, located proximate the pair of side edges – see figures 5-8, between the top edge and the blade opening – see figures 5-8, spatially separated from the top edge and the blade opening – see figures 5-8 where the detents do not form the top edge and the blade opening, the blade pocket contoured to fit a top portion of a utility blade – at 3, that includes a pair of openings – at 7 – see figures 5-8, and the pair of detents contoured to fit within the pair of openings to position and hold the top portion of the utility blade within the blade pocket – see 9 fitted directly into one of the openings – at 7 and – see at 13 which is shaped to fit into the opening – at 7 as seen in figures 5-8 and – see the curved portion of item 8 proximate 13 which is shaped to at least partly fit within the opening – at 7. It is noted that applicant has not positively recited in the claim that the detents fit with the openings of the blade and only claims the detents are contoured/shaped to fit in the openings. Qiu does not disclose the pair of detents include a first detent located proximate the first side edge, and a second detent located proximate the second side edge. Mon does disclose the pair of detents include a first detent – at the protruding ledge formed by items 41-42 as seen in figures 3-7 and/or at 55, located proximate the first side edge – at 25,41,55, as seen in figures 3-7, and a second detent – at 38, located proximate the second side edge – at 20,37, as seen in figures 3-7, with the first and second side edges on opposing sides of the blade pocket – at 26 as seen in figure 3. Qiu as modified by Mon further discloses the pair of detents – at 38 and – at 55 and/or the protruding ledge portion defined at 41,42 as seen in figures 3-7, are defined by the pair of side edges – see the detents forming portions of each side edge in figures 3-7, with the first detent – at 55,41,42, defined by the first side edge – see figures 3-7, and the second detent – at 38, defined by the second side edge – see figures 3-7. Therefore it would have been obvious to one of ordinary skill in the art to take the device of Qiu and add the first and second detents at first and second side edges on opposing sides of the blade pocket as disclosed by Mon, so as to yield the predictable result of removably securing the blade to the device as desired.
Referring to claim 2, Qiu as modified by Mon further discloses the handle – at 1, includes first and second handle portions – see figure 2 of Qiu, that are secured to each other in a spaced apart relationship – see figure 2 of Qiu, to define an interior space – see figure 2 of Qiu, in which at least a bottom portion of the utility blade – at 3, that includes a linear cutting edge is stowed when the blade carrier is in the closed position – see figures 1-2 of Qiu where the interior space is sized and shaped to at least be capable of housing the blade – at 3 and its lower cutting edge.
Referring to claim 3, Qiu as modified by Mon further discloses the first and second handle portions are scales – see at 1 in figures 1-2 of Qiu, and one of the scales is configured as or includes a frame lock – not labeled but shown in the top of item 1 in figure 1 of Qiu, configured to engage when the blade carrier is pivoted to the open position – see at the connection at the rear of item 2 in figure 1 of Qiu, and disengage responsive to an applied force – proximate the rear of 1 at the curved depression, to enable the blade carrier to pivot from the open position to the closed position – see figure 1 of Qiu.
Referring to claim 5, Qiu as modified by Mon further discloses the blade carrier further includes a tang – at the rear of item 2 furthest from the blade – at 3 as seen in figures 2-6 of Qiu, secured to or integrated with the housing – see integrated/secured in figures 2-6 of Qiu, the blade carrier – at 2, pivotably secured to the handle – at 1, at the tang – see pivot at 4 attached directly to the tang in figures 1-2 of Qiu.
Referring to claim 7, Qiu as modified by Mon further discloses the tang includes jimping – at 11, with a series of notches configured to provide a thumb grip on the blade carrier – at 2, when the blade carrier is in the open position – see figures 1-8 of Qiu.
Referring to claim 9, Qiu as modified by Mon further discloses the blade pocket is structured such that a normal force against a linear cutting edge of the utility blade – at 3, proximate a first detent – at 9, of the pair of detents promotes rotation of the utility blade about the first detent – see figures 1-2 of Qiu where any force normal to the blade – at 3 near the detent – at 9 would cause a rotation at the point of force application, and such that the rotation is resisted by a second detent of the pair of detents – see at curved portion of 8 and 13 which resist rotation since item 8 is in close relation to the blade – at 3 at the detent as seen in figures 5-8 of Qiu.
Referring to claim 10, Qiu as modified by Mon further discloses the blade carrier further includes a cover – at 8,10, that is securable to the housing – at 19a,19b, over the top portion of the utility blade – at 3 – see figures 5-8 of Qiu, to hold the utility blade – at 3, firmly in the blade pocket of the housing – at 19a,19b – see figures 5-8 of Qiu.
Referring to claim 11, Qiu as modified by Mon further discloses the cover includes a boss – at portion of 8 at the corner of the blade – at 3 that protrudes downwardly along the blade, that is contoured to the top portion of the utility blade – see at 8 contacting top of the blade – at 3 at the top corner of the blade in figures 5-8 of Qiu, and that is held against the top portion of the utility blade when the cover – at 8, is secured to the housing – at 19a,19b – see figures 5-8 of Qiu.
Referring to claim 13, Qiu as modified by Mon further discloses the blade carrier further includes at least one fastener – at 10,18, and/or 16,17, configured to secure the cover – at 8, to the housing – at 19a,19b – see figures 5-8 of Qiu, and the at least one fastener includes a tensioning fastener – at 10,11, loosened to provide access to the blade pocket for insertion or replacement of the utility blade – see figures 5-8 of Qiu, and tightened to hold the utility blade firmly in the blade pocket – see figures 5-8 and column 3 line 65 to column 4 line 30 and Qiu.
Referring to claim 14, Qiu as modified by Mon further discloses the blade carrier further includes at least one fastener – at 10-12,14-15,18, configured to secure the cover – at 8, to the housing – at 19a,19b – see figures 5-8 of Qiu, and the at least one fastener includes a tensioning fastener – at 10,11, configured to removably secure a first end of the cover – at 8,9, to the housing – at 19a,19b – see figures 5-8 and column 3 line 65 to column 4 line 30 of Qiu, and a pivot pin – at 14, configured to pivotably secure a second end of the cover – at 8 on other side of 9, to the housing – at 19a,19b – see figures 5-8 and column 3 line 65 to column 4 line 30 of Qiu.
Referring to claim 15, Qiu as modified by Mon further discloses the tensioning fastener – at 10,11, is located proximate the handle – at 1 – see figures 1-8 of Qiu, and the pivot pin – at 14, is located proximate a distal end of the housing – at 19a,19b, of the blade carrier – at 2 – see proximate the end of the housing distal from the tip of the blade/device as seen in figures 5-8 of Qiu, and wherein the tensioning fastener – at 10,11, is located proximate the handle – at 1, as a thumb stud – at 11, in which a force applied to the thumb stud promotes pivot of the blade carrier – at 2, from the closed position to the open position – see figures 1-8 of Qiu where the force applied – at 11 to move the cover – at 8 to the closed position would place the blade and cover in position so as to be movable from the opened and closed position and therefore would promote pivoting. It is noted that applicant has not positively recited in the claim that the tensioning fastener provides for the pivoting of the blade carrier.
Referring to claim 20, Qiu as modified by Mon further discloses wherein the folding utility knife further comprises the utility blade – at 3 – see figures 1-2 of Qiu.
Referring to claim 23, Qiu discloses a folding utility knife comprising, a handle – at 1, and a blade carrier – at 2, that is pivotably secured to the handle – see at 4 in figures 1-2, the blade carrier pivotable between a closed position in which the blade carrier is pivoted inwardly toward the handle – not shown but as seen in figures 1-2 the blade carrier can pivot about item 4 toward the handle – at 1, and an open position in which the blade carrier is pivoted outwardly relative to the handle – see figures 1-2, the blade carrier including a housing – at 19a,19b, in which a blade pocket is formed – see inner space formed between 8,19a,19b as seen in figures 1-8, the blade pocket defining at least, a top edge – below item 8, a blade opening on an opposite side of the blade pocket from the top edge – see opening formed by 19a,19b below and opposite the top edge as seen in figures 5-6, a pair of side edges – at the edges of 19a,19b at the connection of 19a,19b to item 8 as seen in figures 5-8, and – edge of 8 proximate 11 as seen in figures 5-8, located on opposite sides of the blade pocket – see proximate left and right sides in figures 5-8, extending between the top edge and the blade opening – see extending from the top toward the bottom in figures 5-8, the pair of side edges include a first side edge and a second side edge – see at the edges of 19a and 19b at the connection with item 8 as seen in figures 5-8, and a pair of detents – at 9 and – at 13 and/or item 8 proximate 13 that is in close proximity to the blade – at 3 as seen in figures 5-8 with item 13 being a detent since it holds item 8 to the blade carrier – at 2, located proximate the pair of side edges – see figures 5-8, between the top edge and the blade opening – see figures 5-8, spatially separated from the top edge and the blade opening – see figures 5-8 where the detents do not form the top edge and the blade opening, the blade pocket contoured to fit a top portion of a utility blade – at 3, that includes a pair of openings – at 7 – see figures 5-8, and the pair of detents contoured to fit within the pair of openings to position and hold the top portion of the utility blade within the blade pocket – see 9 fitted directly into one of the openings – at 7 and – see at 13 which is shaped to fit into the opening – at 7 as seen in figures 5-8 and – see the curved portion of item 8 proximate 13 which is shaped to at least partly fit within the opening – at 7. It is noted that applicant has not positively recited in the claim that the detents fit with the openings of the blade and only claims the detents are contoured/shaped to fit in the openings. Qiu does not disclose the pair of detents include a first detent located proximate the first side edge, and a second detent located proximate the second side edge. Mon does disclose the pair of detents include a first detent – at the protruding ledge formed by items 41-42 as seen in figures 3-7 and/or at 55, located proximate the first side edge – at 25,41,55, as seen in figures 3-7, and a second detent – at 38, located proximate the second side edge – at 20,37, as seen in figures 3-7, with the first and second side edges on opposing sides of the blade pocket – at 26 as seen in figure 3. Qiu as modified by Mon further discloses the pair of detents – at 38 and – at 55 and/or the protruding ledge portion defined at 41,42 as seen in figures 3-7, are defined by the pair of side edges – see the detents forming portions of each side edge in figures 3-7, with the first detent – at 55,41,42, defined by the first side edge – see figures 3-7, and the second detent – at 38, defined by the second side edge – see figures 3-7. Qiu as modified by Mon further discloses the blade pocket further defines a back wall – at 31,37 of Mon, and detents – at 38, of the pair of detents are pins – at 38 are pin shaped – see figures 3-7 of Mon, that extend from the back wall – see figures 3-7 of Mon, and are located proximate to but spatially separated from the pair of side edges – see at 38 in figures 3-7 of Mon. Therefore it would have been obvious to one of ordinary skill in the art to take the device of Qiu and add the first and second detents at first and second side edges on opposing sides of the blade pocket as disclosed by Mon, so as to yield the predictable result of removably securing the blade to the device as desired.
Referring to claim 24, Qiu as modified by Mon further discloses detents of the pair of detents are located closer to respective side edges of the pair of side edges than to each other – see at 9 and 13 and at 8 proximate 13 in figures 5-8 of Qiu and – see at 38 and – at the protruding ledge of 41,42 and 55 in figures 3-7 of Mon.
Claim(s) 4 and 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Qiu as modified by Mon as applied to claims 2 or 5 above, and further in view of U.S. Patent Application Publication No. 2023/0126401 to Shimanoff et al.
Referring to claim 4, Qiu as modified by Mon further discloses the first and second handle portions include respective scales – see at 1 in figures 1-2 of Qiu, but does not disclose the first and second handle portions include respective liners, and one of the liners is configured as or includes a liner lock configured to engage when the blade carrier is pivoted to the open position, and disengage responsive to an applied force to enable the blade carrier to pivot from the open position to the closed position. Shimanoff et al. does disclose the first and second handle portions include respective liners – at 108,110, and one of the liners is configured as or includes a liner lock – at 118, configured to engage when the blade carrier – at 103, is pivoted to the open position – see figures 11-12, and disengage responsive to an applied force to enable the blade carrier to pivot from the open position to the closed position – see figures 2 and 7-8. Therefore it would have been obvious to one of ordinary skill in the art to take the device of Qiu as modified by Mon and add the liners of Shimanoff et al., so as to yield the predictable result of providing additional strength to the handle.
Referring to claim 6, Qiu as modified by Mon does not disclose the tang includes a tab that juts out from a back of the handle when the blade carrier is in the closed position, a force applied to the tab promoting pivot of the blade carrier from the closed position to the open position. Shimanoff et al. does disclose the tang includes a tab – at 162, that juts out from a back of the handle – at 300, when the blade carrier is in the closed position – see figure 1, a force applied to the tab promoting pivot of the blade carrier from the closed position to the open position – of figure 2 – see figures 1-2 and paragraph [0036]. Therefore it would have been obvious to one of ordinary skill in the art to take the device of Qiu as modified by Mon and add the tang having a tab as disclosed by Shimanoff et al., so as to yield the predictable result of allowing the user to easily move/manipulate the blade between the open and closed positions as desired.
Claim(s) 8, 12, 17-18 and 21-22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Qiu as modified by Mon as applied to claims 1 or 10 above.
Referring to claim 8, Qiu as modified by Mon does not disclose the housing of the blade carrier is sized such that more than 75% of a linear cutting edge of the utility blade is exposed when the top portion of the utility blade is fit into the blade pocket of the housing. However, it would have been obvious to one of ordinary skill in the art to take the device of Qiu as modified by Mon and have any desired length of the cutting edge to be exposed from the housing including the claimed 75% of the length of the cutting edge as claimed, so as to yield the predictable result of allowing for the blade edge to be of a desired orientation to sufficiently cut the desired amount of material to be cut.
Referring to claim 12, Qiu as modified by Mon does not disclose the housing and the cover are sized such that less than 25% of a linear cutting edge of the utility blade is covered when the top portion of the utility blade is fit into the blade pocket of the housing and the cover is secured over the top portion of the utility blade. However, it would have been obvious to one of ordinary skill in the art to take the device of Qiu as modified by Mon and have any suitable length of the cutting edge covered including the claimed 25% of the length of the cutting blade, so as to yield the predictable result of allowing for the blade edge to be of a desired orientation to sufficiently cut the desired amount of material to be cut.
Referring to claim 17, Qiu as modified by Mon further disclose the first detent includes a protrusion – see at 41,42, defined by first side edge – see figures 3-7 of Mon, and the second detent includes a protrusion – at 38, defined by the second side edge – see figures 3-7 of Mon. Therefore it would have been obvious to one of ordinary skill in the art to take the device of Qiu as modified by Mon and have the pair of detents with protrusions defined by the side edges as disclosed by Mon, so as to yield the predictable result of making the detents integral with the side edges so as to make the device easier to manufacture given there would be less components to assemble the device.
Referring to claim 18, Qiu as modified by Mon does not disclose each protrusion defined by a side edge of the respective side edges has a convex arcuate shape, and the side edge includes a concave arcuate transition from the protrusion to a respective one of the overhanging portions of the top edge. However, it would have been obvious to one of ordinary skill in the art to take the device of Qiu as modified by Mon and make the protrusions and side edges any suitable shape including the claimed convex and concave arcuate shapes, so as to yield the predictable result of ensuring the blade is secured to the carrier while making the surfaces rounded so as to make the device easier to handle during use.
Referring to claim 21, Qiu as modified by Mon further discloses the first protrusion – at the protruding ledge formed by 41,42, and the second protrusion – at 38, extend inwardly towards each other – see figures 3-7 of Mon.
Referring to claim 22, Qiu as modified by Mon further discloses the first protrusion – at the ledge formed by 41,42, and the second protrusion – at 38m extend inwardly towards each other within the same imaginary plane – see figures 3-7 where the protrusions are oriented so that a plane extending through the width of the device would include portions of each protrusion.
Response to Arguments
4. Regarding the prior art rejections of claim 1, applicant’s claim amendments and remarks/arguments dated 1-30-26 with respect to the Mon reference US 11707858 obviates the prior art rejections detailed in the last office action dated 10-20-25. However, applicant’s claim amendments and remarks/arguments dated 1-30-26 necessitates the new grounds of rejection detailed earlier in paragraph 3 of this office action in that different components of Mon being items 38,41,42,55 are being used to disclose the claimed detents. Further, items 9, 13 and item 8 proximate 13 of the Qiu reference US 8935855 are detents in that these components are use to hold the blade in place and to release the blade as desired as seen in figures 5-8.
Regarding the prior art rejections of claim 23 which incorporates previous claim 19, applicant’s remarks/arguments dated 1-30-26 obviates these rejections. However, applicant’s claim amendments and remarks/arguments dated 1-30-26 necessitates the new grounds of rejection detailed earlier in paragraph 3 of this office action.
Conclusion
5. Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID J PARSLEY whose telephone number is (571)272-6890. The examiner can normally be reached Monday-Friday, 8am-4pm EST.
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/DAVID J PARSLEY/Primary Examiner, Art Unit 3643
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