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 .
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 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.
Status of Claims
Claims 1 – 13 are pending.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 08/25/2023 was filed before the first office action. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Objections
Claim 8 is objected to because of the following informalities: the first instance of claim 8 should actually be claim 7. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 7 (currently the first instance of claim 8) is 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 7 recites the limitation “rotate about 10 degrees past the point of maximum pressure, in line 2. The term “about” renders the claim indefinite as the limitation do not outlines the metes and bounds of the claim so as to be understood by one having ordinary skill in the art.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1, 3 – 4, 6 – 7, 8, 10 – 11 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Pelton (U. S. Patent No. 8,707,490 B1) in view of Tsai (U. S. Patent Publication No. 2019/0210232 A1).
Regarding Independent Claim 1, Pelton teaches a knife (knife, 100; Fig. 1) with in-built fire starting kit (Col. 2, lines 38 – 50), comprising: a blade (blade, 101) with a tang portion (108; Fig. 8A), said tang portion (108) having a rectangular slot (181) and openings (Annotated Fig. 8) adapted to receive fasteners (Annotated Fig. 8); a handle assembly (Fig. 1) configured to attach to said tang portion (108; Fig. 1), said handle assembly including: a removable top cover (handle scale, 109) and a fixed bottom cover (handle scale, 112), collectively defining a storage cavity (Annotated Fig. 8) aligned with said rectangular slot (181) provided in the tang portion of the blade (Fig. 8); a cam lever mechanism (119); and a fire-starting kit housed within the storage cavity (Col. 2, lines 38 – 50).
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Pelton teaches the fire-starting kit as discussed above but fails to explicitly teach the contents of the kit and further comprising multiple hollow fuel tablets and a ferrocerium rod.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the knife of Pelton to further include multiple hollow fuel tablets and a ferrocerium rod, as claimed, 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 of the kit (MPEP 2144.07).
Pelton does not teach a cam lever mechanism operatively connected to said top cover, wherein: in a first position, the cam lever mechanism engages the top cover with the tang portion of the blade, retaining the top cover securely in place; and in a second position, the cam lever mechanism disengages the top cover from the tang portion of the blade, allowing for access to the storage cavity.
Tsai, however, teaches a cam lever mechanism (locking lever, 124) operatively connected to said top cover (first portion, 120), wherein: in a first position (Fig. 6), the cam lever mechanism (124) engages the top cover (120) with the tang portion (@30) of the blade (12), retaining the top cover securely in place (Fig. 10A); and in a second position (Fig. 10B), the cam lever mechanism (124) disengages the top cover (120) from the tang portion of the blade (Fig. 10C).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the knife of Pelton to further include a cam lever mechanism operatively connected to said top cover, wherein: in a first position, the cam lever mechanism engages the top cover with the tang portion of the blade, retaining the top cover securely in place; and in a second position, the cam lever mechanism disengages the top cover from the tang portion of the blade, allowing for access to the storage cavity, as taught by Tsai, to provide easy access to the inside components of the knife, thus saving time.
Pelton as modified by Tsai would further allow for access to the storage cavity.
Regarding Independent Claim 8, Pelton teaches a method of accessing a fire-starting kit (Col. 2, lines 38 – 50) in a knife (knife, 100; Fig. 1), comprising the steps of: providing a knife (100) having a blade (101) with a tang portion (108) with a rectangular slot (181) and openings (Annotated Fig. 8) adapted to receive fasteners (Annotated Fig. 8); providing a handle assembly (Fig. 1) attached to said tang portion (181), where the handle assembly includes a removable top cover (109) and a fixed bottom cover (112), collectively defining a storage cavity aligned with said rectangular slot in the tang portion of the blade (Annotated Fig. 8).
Pelton does not teach operating a cam lever mechanism connected to said top cover to move from a first position wherein the cam lever mechanism retains the top cover securely to the tang portion of the blade, to a second position wherein the cam lever mechanism allows the top cover to disengage from the tang portion of the blade; and accessing a fire-starting kit housed within said storage cavity.
Tsai, however, teaches operating a cam lever mechanism (locking lever, 124) operatively connected to said top cover (first portion, 120), to move from a first position (Fig. 6) wherein the cam lever mechanism (124) retains the top cover (120) securely to the tang portion of the blade (Fig. 6), to a second position (Fig. 10B) wherein the cam lever mechanism (124) allows the top cover (120) to disengage from the tang portion of the blade (Fig. 10B), the cam lever mechanism (124) disengages the top cover (120) from the tang portion of the blade (Fig. 10C).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the knife of Pelton to further include a cam lever mechanism connected to said top cover to move from a first position wherein the cam lever mechanism retains the top cover securely to the tang portion of the blade, to a second position wherein the cam lever mechanism allows the top cover to disengage from the tang portion of the blade; and accessing a fire-starting kit housed within said storage cavity, as taught by Tsai, to provide easy access to the inside components of the knife, thus saving time.
Pelton as modified by Tsai would further allow for access to the storage cavity.
Regarding Claims 3 and 10, Pelton, as modified, teaches the knife with in-built fire starting kit of claim 1 and the method of claim 8, as discussed above.
Pelton does not explicitly teach the cam lever mechanism comprises a cam-shaped grip pivotally connected to said blade via a hollow bushing.
Tsai, however, teaches the cam lever mechanism (locking lever, 124) a cam-shaped grip (126) pivotally connected to said blade via a hollow bushing (128).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the knife of Pelton to further include the cam lever mechanism comprises a cam-shaped grip pivotally connected to said blade via a hollow bushing, as taught by Tsai, to provide easy access to the inside components of the knife, thus saving time.
Regarding Claims 4 and 11, Pelton, as modified, teaches with in-built fire starting kit (knife, 100; Fig. 1), wherein the removable top cover (109) comprises fastener cavities (Annotated Fig. 8) having conical profiles aligning to the openings provided on the tang portions of the blade (Annotated Fig. 8).
Regarding Claims 6 and 13, Pelton, as modified, teaches with in-built fire starting kit of claim 1 an the method of claim 8, as discussed above.
Pelton does not explicitly teach at least one of the multiple hollow fuel tablet acts as a grip for the ferrocerium rod and is composed of a material suitable for use as tinder.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the knife of Pelton to further include at least one of the multiple hollow fuel tablet acts as a grip for the ferrocerium rod and is composed of a material suitable for use as tinder, as claimed, 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 of the kit (MPEP 2144.07).
Regarding Claim 7, Pelton, as modified, teaches with in-built fire starting kit of claim 1, as discussed above.
Pelton as modified does not explicitly teach engagement of a cam lobe with a wear plate allows the cam lever to rotate about 10 degrees past the point of maximum pressure between the cam lever and wear plate, retaining the top cover securely in place.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the knife of Pelton to further include engagement of a cam lobe with a wear plate allows the cam lever to rotate about 10 degrees past the point of maximum pressure between the cam lever and wear plate, retaining the top cover securely in place, as claimed, since such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art. (MPEP 2144.04).
Claims 2 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Pelton (U. S. Patent No. 8,707,490 B1) in view of Tsai (U. S. Patent Publication No. 2019/0210232 A1) and Deweese (U. S. Patent No. 4,363,147).
Regarding Claims 2 and 9, Pelton, as modified, teaches the knife with in-built fire starting kit of claims 1 and the method of claim 8, as discussed above.
Pelton does not explicitly teach O-ring seals around the perimeter of the storage cavity, making the storage cavity waterproof.
Deweese, however, teaches O-ring seals (O-rings, 14; Fig. 1) around the perimeter of the storage cavity, making the storage cavity waterproof (Col. 2, lines 11 – 23).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the knife of Pelton to further include O-ring seals around the perimeter of the storage cavity, making the storage cavity waterproof, as taught by Deweese, to provide a watertight compartment and preventing damage to the fire starting equipment.
Claims 5 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Pelton (U. S. Patent No. 8,707,490 B1) in view of Tsai (U. S. Patent Publication No. 2019/0210232 A1) and Kerulis et al. (U. S. Patent Publication No 2016/0256994 A1).
Regarding Claims 5 and 12, Pelton, as modified, teaches the knife with in-built fire starting kit of claim 1 and method of claim 8, as discussed above.
Pelton does not explicitly teach the fasteners include buffer rings for maintaining secure engagement between the fasteners and the top cover at variable depths within the blade's tang.
Kerulis, however, teaches the fasteners (Paragraphs [0018]) include buffer rings for maintaining secure engagement between the fasteners (gaskets, 34) and the top cover (24) at variable depths within the blade's tang (32).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the knife of Pelton to further include the fasteners include buffer rings for maintaining secure engagement between the fasteners and the top cover at variable depths within the blade's tang, as taught by Kerulis, to provide a cushion between the components, thus preventing damage to the device.
Conclusion
Art made of record, however, not relied upon for the current rejection is as follows: U. S. Patent Publication No. 2018/0117779 A1 to Mojica teaches a novel knife with fire igniting capabilities as part of the knife itself. More specifically, the present invention provides for both a knife, and fire starting capability in one piece, which are both crucial to outdoor survival and useful in general camping and hiking activities. The handle can be hollow to contain a small survival kit, and the grips can be wrapped in paracord for other multiple outdoor survival uses.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KATINA N HENSON whose telephone number is (571)272-8024. The examiner can normally be reached Monday - Thursday; 5:30am to 3:30pm.
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/KATINA N. HENSON/Primary Examiner, Art Unit 3723