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 November 11th, 2025 has been entered. Claims 1-10 remain pending in the application. Examiner withdraws the claim objection previously set forth in the Non-Final Office Action mailed August 21st, 2025.
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 1-10 are rejected under 35 U.S.C. 103 as being unpatentable over Jian-Ping
Yan (CN 209380798 U – hereinafter Yan) in view of Scott Melton (CN 101861235 B –
hereinafter Melton).
Regarding claim 1, Yan teaches a fixed blade structure, comprising: a fixed blade body
(Fig. 3, body shown), wherein the lower surface of the fixed blade body is attached to a movable
blade (Fig. 1, Moveable Blade 200), wherein the fixed blade body further comprises: a blade
portion (Fig. 3, Fixed Tooth Blade Head 110) and a connecting portion (Fig. 3, Connecting
Section 120), wherein a blade end (Fig. 3, Fixed Tooth Edge 111) is integrally arranged at the
front end of the blade portion, and the rear end of the blade portion is connected to the connecting portion (Fig. 3, shown), wherein the blade end further comprises: two outer blades
located on two sides of the blade portion (Fig. 3, leftmost and rightmost blades which are thicker
than the other blades), and a plurality of middle blades (Fig. 3, blades between the two outer
blades) evenly arranged between the two outer blades, wherein an upper surface of the outer
blade is provided with an outer convex edge (Fig. 2), the outer convex edge extending towards
the connecting portion along an upper surface of the blade portion (Fig. 2), wherein front ends of all the outer blades and the middle blades are aligned (Fig. 1 – examiner interprets that the front ends are aligned as they all lie in the same plane).
Yan does not teach that upper surfaces of at least a part of the middle blades are provided
with first middle convex edges, wherein the first middle convex edge extend towards the
connecting portion along an upper surface of the blade portion, and an upper surface of the first
middle convex edge is lower than an upper surface of the outer convex edge to prevent the upper surface of the first middle convex edge from contacting a user's skin, wherein the upper surface of the outer convex edge is used for contacting with the user's skin.
However, Melton teaches a blade structure (Fig. 1, Moveable Blade 24) having upper surfaces of at least a part of middle blades that are provided with first middle convex edges
(Fig. 3, Moveable Blade Cutting Edge 30 for the shorter teeth 36), wherein the first middle
convex edge extend towards the connecting portion along an upper surface of the blade portion
(Fig. 1), and an upper surface of the first middle convex edge is lower than an upper surface of
the outer convex edge (Fig. 2, top half of upper surface of the first middle convex edge is lower than the top half of the upper surface of the outer convex edge of the rightmost end blade) to prevent the upper surface of the first middle convex edge from contacting a user's skin, wherein the upper surface of the outer convex edge is used for contacting with the user's skin (Examiner interprets this to be intended use, and based upon Fig. 2 finds that the outer convex edge is capable of contacting a using skin and in doing so preventing the upper surface of the first middle convex edge from contacting a user’s skin).
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 blade structure of Yan to include the
missing features of claim 1 as taught by Melton. Doing so is beneficial as the cutting load is
distributed between the shorter and longer teeth in a way that creates more cutting action (Melton
– [0021]).
Regarding claim 2, Yan further teaches the fixed blade structure of claim 1, wherein
upper surfaces of at least a part of the middle blades are provided with second middle convex
edges (Fig. 4, upper edges of the middle blades), the second middle convex edge extends towards
the connecting portion along the upper surface of the blade portion (Fig. 4), and an upper surface
of the second middle convex edge is flush with the upper surface of the outer convex edge (Fig.
3).
Regarding claim 3, the existing combination of Yan and Melton does not teach the fixed
blade structure of claim 2, wherein the first middle convex edge and the second middle convex
edge are arranged in a staggered manner.
However, Melton further teaches a blade structure wherein a first middle convex edge
(Fig. 3, Moveable Blade Cutting Edge 30 for the shorter teeth 36) and a second middle convex
edge (Fig. 3, Moveable Blade Cutting Edge 30 for the longer teeth 34) are arranged in a
staggered manner.
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 blade structure of the combination of
Yan and Melton to include the missing features of claim 3 as taught by Melton. Doing so is
beneficial as it increases the cutting action of the hair clipper (Melton – [0019]).
Regarding claim 4, the combination of Yan and Melton already teaches the fixed blade
structure of claim 3, wherein the first middle convex edge (Melton - Fig. 3, Moveable Blade
Cutting Edge 30 for the shorter teeth 36) and the second middle convex edge (Melton – Fig. 3,
Moveable Blade Cutting Edge 30 for the longer teeth 34) are arranged in a staggered manner one
by one.
Regarding claim 5, Yan further teaches the fixed blade structure of claim 2, wherein a
first groove is formed between the outer convex edge and the first middle convex edge, and a
second groove is formed between the first middle convex edge and the second middle convex
edge (Fig. 4, there is a groove (Slot 17) between the edges of all middle blades and the outer
convex edge, as well as between the edges of each middle blade).
Regarding claim 6, the combination of Yan and Melton already teach that the first
middle convex edge extends obliquely upward from the blade end toward the connecting portion
(Melton – Fig. 2). Yan further teaches the fixed blade structure of claim 2, wherein the second
middle convex edge and the outer convex edge extend obliquely upward from the blade end
toward the connecting portion (Fig. 3).
Regarding claim 7, Yan further teaches the fixed blade structure of claim 2, wherein the
longitudinal section of the second middle convex edge is configured to be trapezoidal (Fig. 4, the
bottom surface is thinner than the top surface, creating a four-sided trapezoidal shape in a
longitudinal section near the tip ends).
Regarding claim 8, Yan further teaches the fixed blade structure of claim 1, wherein the
connecting portion is provided with mounting holes (Fig. 3, four holes shown on 120).
Regarding claim 9, Yan further teaches the fixed blade structure of claim 1, wherein a
lower surface of the blade portion is provided with a sliding chute for guiding the movable blade
to slide back and forth relative to the blade portion (Fig. 2, sliding chute being the indent in the
top of 100).
Regarding claim 10, Yan further teaches the fixed blade structure of claim 2, wherein a
lower surface of the middle blade is provided with an oil storage groove (Fig. 3, Oil Groove 115;
Page 4, second to last paragraph).
Response to Arguments
Applicant's arguments filed 11/11/2025 have been fully considered but they are not persuasive.
Regarding claim 1, Applicant asserts that in Melton, front ends of at least some of the movable blade teeth 26 are not aligned with front ends of the outer convex edge of the movable blade: an upper surface of the outer convex edge of the movable blade is used to contact the user's hair, not the user's skin: an upper surface of the first middle convex edge close to the fixed blade is lower than the upper surface of the outer convex edge, which is used to create more cutting action, but not to reduce contact with the skin. Therefore, Melton fails to teach the above limitations, and since all limitations of claim 1 are not taught by the prior art of record, claim 1 should be allowed.
The examiner looks to Yan, not Melton, to teach the alignment of all of the front ends of the all the outer blades and the middle blades. However, both Yan and Melton teach the alignment of these features, as the examiner defines alignment as the front ends lying in the same plane. Merriam-Webster defines aligned as “to be in or come into precise adjustment or correct relative position”. The examiner views the correct relative position of the front ends as lying in the same plane as one another, as this allows for smooth and even contact of the front ends against the moveable blade during operation. Additionally, the limitation in the claims which require an upper surface of the outer convex edge to contact the user’s skin and that upper surface of the first middle convex edge is lower than an upper surface of the outer convex edge to prevent the upper surface of the first middle convex edge from contacting a user's skin are recitations of intended use. Therefore, the use itself need not be demonstrated in the prior art, rather the structure of the prior art must allow for the intended use to be carried out. The structure of Melton is such that the outer convex edges are capable of contacting a user’s skin while protecting the upper middle surface of the first middle convex edges from contact with a user’s skin, as is evident in Fig. 2 of Melton.
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.
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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.
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/ELLA L KEENA/Examiner, Art Unit 3724 /BOYER D ASHLEY/Supervisory Patent Examiner, Art Unit 3724
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