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 Election
Applicant’s election without traverse of Group I drawn to claims 2-7 and 9-17 with claims 1 and 8 being generic and claims 18-20 withdrawn in the reply filed on 02/11/2026 is acknowledged.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “10a" and "10b” in Fig. 5 have been used to designate both the cutting elements and resilient elements in Fig. 5 of the instant drawings. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are also objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the computer system, razor blade holder, plurality of razor blade heads, and charging system must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
• A “resilient element” as recited in claim 1 (first, “element” is a generic placeholder for “means”; second, the generic placeholder is modified by the functional language “configured to transduce vibrations”; third, the generic placeholder is not modified by sufficient structure for performing the claimed function – e.g., there is no language defining the structure of the resilient element in claim 1). As a “resilient” structure would tend to resist vibrations and may not “transduce vibrations”. The specification discloses the resilient element may be a spring, beam or slab or may comprise a piezoelectric element or tellurium nanowires.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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.
Claims 6 and 16-17 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.
Regarding claim 6, the claim states “wherein the cutting member of the one or more cutting members is an integrally formed cutting member comprising a radiused bend, and a cutting edge formed at a distal end of the radiused bend, or wherein the cutting member of the one or more cutting members comprises a blade attached to the cutting member” in lines 1-5 of the claim. It is unclear if the alternative statement “wherein the cutting member of the one or more cutting members comprises a blade attached to the cutting member” is alternative to the limitation “wherein the cutting member of the one or more cutting members is an integrally formed cutting member comprising a radiused bend, and a cutting edge formed at a distal end of the radiused bend” or the limitation “a cutting edge formed at a distal end of the radiused bend”. There is ambiguity as to which limitation is an alternative as the claim could be read as an alternative between a integrally formed cutting member or a cutting member with an attached blade or between a blade featuring a radiused bend and one that isn’t limited to a radiused bend. This renders the scope of the claim indefinite as it is unclear which limitations are required for each alternative limitation.
Regarding claim 16, the claim states “the razor handle further comprising an energy storage configured to provide electrical energy to the electronic circuitry” in lines 1-3 of the claim. It is unclear what structure the “energy storage” limitation is meant to indicate as this could be an energy storage device like a battery or an energy storage generating device like a motor or some other structure. To expedite prosecution the Examiner understands the limitation to be a “energy storage device”.
Regarding claim 17, the claim states “a charging system configured to charge the energy storage of the razor handle” in lines 4-5 of the claim. It is unclear what structure the “energy storage” limitation is meant to indicate as this could be an energy storage device like a battery or an energy storage generating device like a motor or some other structure. To expedite prosecution the Examiner understands the limitation to be a “energy storage device”.
Additionally, the “energy storage” of claim 17 lacks proper antecedent basis as it does not depend from a claim that previously introduces the structure as claimed.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-2 and 4-13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Orloff (US 6,009,623 A).
Regarding claim 1, Orloff discloses a razor head (Orloff, Fig. 1-9, 10, 20, 35, 52, 63, 74), comprising:
one or more cutting members (Orloff, Figs. 3-4, 21 and 22);
one or more resilient elements (Orloff, Figs. 3-4, 23), wherein a resilient element of the one or more resilient elements is connected with a respective cutting member from the one or more cutting members (Orloff, Fig. 4, 21, 22, and 23) and wherein at least one resilient element of the one or more resilient elements is configured to transduce vibrations from the respective cutting member of the one or more cutting members into an electrical signal corresponding to the vibrations when the razor head is used by a user (Orloff, Col. 2, lines 50-58).
Regarding claim 2, Orloff discloses a razor head according to claim 1, wherein the at least one resilient element of the one or more resilient elements (Orloff, Figs. 3-4, 23) comprises a piezoelectric element (Orloff, Col. 3, lines 15-27).
Regarding claim 4, Orloff discloses a razor head according to claim 1, wherein the razor head extends longitudinally along a longitudinal axis (see annotated image 1 of Fig. 3 (Orloff) below) and the resilient element is disposed on a first side of the longitudinal extension along the longitudinal axis of the razor head (see annotated image 1 of Fig. 3 (Orloff) below) and extends from the first side towards the respective cutting member from the one or more cutting members along a first direction (see annotated image 1 of Fig. 4 (Orloff) below) wherein the longitudinal axis forms a predetermined angle with respect to the first direction see annotated image 1 of Fig. 3 and annotated image 1 of Fig. 4 (Orloff) below).
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Regarding claim 5, Orloff discloses a razor head according to claim 1, wherein a number of resilient elements of the one or more resilient elements is at least two (Orloff, Col. 2, lines 34-37), and wherein a second resilient element of the one or more resilient elements (see annotated image 1 of Fig. 3 (Orloff) above) is disposed on a second side of the longitudinal extension along the longitudinal axis of the razor head that is opposite the first side (see annotated image 1 of Fig. 3 (Orloff) above).
Regarding claim 6, Orloff discloses the razor head according to claim 1, wherein the cutting member of the one or more cutting members is an integrally formed cutting member comprising a radiused bend, and a cutting edge formed at a distal end of the radiused bend, or wherein the cutting member of the one or more cutting members (Orloff, Figs. 3-4, 21 and 22) comprises a blade (Orloff, Col. 2 line 59 – Col. 3 line 14) attached to the cutting member. The common definition of “attached” is to be connected or joined. The blades disclosed by Orloff are integral to the cutting members which meets the common definition of attached.
Regarding claim 7, Orloff discloses a razor head according to claim 1, further comprising:
a housing (see annotated image 1 of Fig. 4 (Orloff) above) extending longitudinally along a longitudinal axis,
wherein the housing comprises a leading longitudinal side, a trailing longitudinal side, and a recess in between the leading and trailing longitudinal sides for accommodating the one or more cutting members (see annotated image 1 of Fig. 4 (Orloff) above),
wherein the one or more cutting members are disposed at least partially in the recess (see annotated image 1 of Fig. 4 (Orloff) above),
wherein a cutting member of the one or more cutting members is arranged between a leading longitudinal side and a trailing longitudinal side of the recess in a shaving direction of the razor head (see annotated image 1 of Fig. 4 (Orloff) above).
Regarding claim 8, Orloff discloses a shaving razor assembly, comprising:
a razor head according to claim 1 (see the rejection of claim 1 above),
a razor handle (Orloff, Fig. 7, 40),
wherein the razor head is either releasably attached to the razor handle or integrally formed with the razor handle (Orloff, Col. 3, lines 37-46).
Regarding claim 9, Orloff discloses a shaving razor assembly according to claim 8, wherein the razor handle (Orloff, Fig. 7, 40) comprises an electronic circuitry (Orloff, Col. 4, lines 14-20), and the at least one resilient element of the one or more resilient elements (Orloff, Figs. 3-4, 23) that is configured to transduce vibrations from the one or more cutting members into an electrical signal corresponding to the vibrations from the one or more cutting members (Orloff, Col. 2, lines 50-58) is electrically connected to the electronic circuitry (Orloff, Fig. 4, 24), wherein the electronic circuitry is configured to receive the electrical signal (Orloff, Col. 3, lines 24-26).
Regarding claim 10, Orloff discloses a shaving razor assembly according to claim 9, further comprising a feedback generator (Orloff, Col. 4, lines 35-40) configured to receive a feedback signal (Orloff, Col. 4, lines 22-26) based on the electrical signal corresponding to the vibrations of the at least one resilient element of the one or more resilient elements (Orloff, Figs. 3-4, 23, Orloff, Col. 2, lines 50-58) from the electronic circuitry (Orloff, Fig. 4, 24) and configured to transduce the electrical energy of the feedback signal into mechanical energy configured to be sensed by the user (Orloff, Col. 4, lines 14-45).
Regarding claim 11, Orloff discloses a shaving razor assembly according to claim 10, wherein the feedback generator (Orloff, Col. 4, lines 35-40) comprises one or more transducer elements, wherein the one or more transducer elements comprises one of an ultrasonic transducer, a rotary motor with an eccentric weight, a linear vibration motor, or a piezoelectric vibration motor, the feedback generator disclosed by Orloff may be a light, a piezoelectric transducer to vibration (piezoelectric vibration motor), or vibration motor (Orloff, Col. 4, lines 14-45) or a combination of passive and active systems (Orloff, Col. 3 line 55 – Col. 4 line 13 and Col. 4, lines 14-45).
Regarding claim 12, Orloff discloses a shaving razor assembly according to claim 11, wherein at least one transducer element (Orloff, Figs. 2 and 4, 14, 15 and 23) of the one or more transducer elements of the feedback generator corresponds to one cutting member (Orloff, Figs. 2 and 4, 11, 12, 21 and 22) of the one or more cutting members and receives an individual feedback signal (Orloff, Col. 4, lines 22-26) based on the electrical signal corresponding to the vibrations of the at least one resilient element connected to the respective cutting member. As disclosed, the razor of Orloff can have a single blade (Orloff, Col. 2, lines 61-64) and a single transducer element (Orloff, Figs. 2 and 4, 14, 15 and 23) which would produce an individual feedback signal as there is a single element for one or two blades.
Regarding claim 13, Orloff discloses a shaving razor assembly according to claim 9, the razor handle (Orloff, Fig. 7, 40) further comprising a user interface (Orloff, Fig. 7, 41) electrically connected to the electronic circuitry (Orloff, Col. 4, lines 14-20) and configured to display an operating state of the razor assembly (Orloff, Col. 4, lines 20-35).
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.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Orloff (US 6,009,623 A) in view of Du et al. (Hybrid printing of wearable piezoelectric sensors).
Regarding claim 3, Orloff teaches a razor head according to claim 1, wherein the at least one resilient element of the one or more resilient elements (Orloff, Figs. 3-4, 23) comprises a piezoelectric element (Orloff, Col. 3, lines 15-27).
Orloff does not teach wherein the at least one resilient element of the one or more resilient elements comprises tellurium nanowires.
Du teaches tellurium nanowires as piezoelectric elements or sensors (Du, Introduction, Para. 4) that are capable of transducing movement into electrical signals (Du, Conclusion, Para. 1). The teachings of Du show that it is known in the art of piezoelectric sensors to use tellurium nanowires as a piezoelectric sensor and teaches that such sensors containing tellurium nanowires are known in the art of piezoelectric sensors to be used to transduce movement into an electrical system while the teachings of Orloff show that it is known in the art to use a piezoelectric element to perform the required function of transducing movement into an electrical signal. As such, modifying the razor head taught by Orloff such that the piezoelectric element was instead an element of tellurium nanowires as taught by Du would produce predictable results as Du teaches the tellurium nanowires being capable of the same function as the piezoelectric elements of Orloff. Therefore, it would have been obvious to a person of ordinary skill in the art before the filing date of the instant invention to modify the piezoelectric element of the razor head taught by Orloff with a element made of tellurium nanowires as Du teaches that tellurium nanowires are a known alternative to a piezoelectric element.
Claims 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over Orloff (US 6,009,623 A) in view of Good et al. (US 2022/0001556 A1).
Regarding claim 14, Orloff teaches a shaving razor assembly according to claim 9.
Orloff does not teach the electronic circuitry further comprising a computational system comprising at least one processor and a memory.
Good teaches a shaving razor assembly (Good, Fig. 1, 100) comprising an electronic circuitry (Good, Fig. 1, 154 and 156) comprising a computational system (Good, Fig. 1, 156) comprising at least one processor (Good, Fig. 1, 156) and a memory (Good, P. 0031). Such an arrangement allows shaving data to be collected and processed by the device (Good, P. 0031).
It would have been obvious to a person of ordinary skill in the art before the filing date of the instant invention to modify the electronic circuitry taught by Orloff to include a computational system including at least one processor and a memory as taught by Good as such an arrangement allows the device to collect and process shaving data.
Regarding claim 15, Orloff teaches a shaving razor assembly according to claim 9.
Orloff does not teach the electronic circuitry further comprising a communication interface configured to communicate with a computer system.
Good teaches a shaving razor assembly (Good, Fig. 1, 100) comprising an electronic circuitry (Good, Fig. 1, 154 and 156) comprising a communication interface (Good, P. 0030) configured to communicate with a computer system (Good, Fig. 2, 111c1, P. 0030). This allows the device to transfer data over wire or wirelessly with a separate device (Good, P. 0007 and 0030).
It would have been obvious to a person of ordinary skill in the art before the filing date of the instant invention to modify the electronic circuitry taught by Orloff to include a communication interface configured to communicate with a computer system as taught by Good as it allows the device to transmit data to another system.
Claims 16-17 are rejected under 35 U.S.C. 103 as being unpatentable over Orloff (US 6,009,623 A) in view of Bourilkov et al. (US 2005/0268472 A1).
Regarding claim 16, Orloff teaches a shaving razor assembly according to claim 8.
Orloff does not teach the razor handle further comprising an energy storage configured to provide electrical energy to the electronic circuitry.
Bourilkov teaches a razor handle assembly (Bourilkov, Fig. 1, 28) comprising an energy storage (Bourilkov, Fig. 7, 34) configured to provide electrical energy to an electronic circuitry (Bourilkov, Fig. 7, P. 0056). This allows the energy storage to provide power to other devices in the handle like a motor (Bourilkov, P. 0056).
It would have been obvious to a person of ordinary skill in the art before the filing date of the instant invention to modify the handle of the shaving razor taught by Orloff to include energy storage to provide electrical energy to an electronic circuity like that taught by Bourilkov as such an arrangement allows the energy storage to provide power for a motor or other electrical device contained in the handle and connected to the electronic circuity.
Regarding claim 17, Orloff teaches a kit of parts comprising: a razor head according to claim 1 (see the rejection of claim 1 above) and a razor handle (Orloff, Fig. 7, 40)
Orloff does not teach a razor head holder, a plurality of razor heads, and a charging system configured to charge the energy storage of the razor handle.
Bourilkov teaches a razor head holder (Bourilkov, Fig. 1, 22), a plurality of razor heads (Bourilkov, Fig. 1, 30 and 36), and a charging system (Bourilkov, Figs. 1-2B, 34, 50 and 52) configured to charge the energy storage device of the razor handle (Bourilkov, P. 0039). Such an arrangement allows the shaving razor to be charged anywhere without additional components (Bourilkov, P. 0005).
It would have been obvious to a person of ordinary skill in the art before the filing date of the instant invention to modify the kit of parts taught by Orloff to include a razor head holder, a plurality of razor heads, and a charging system like that taught by Bourilkov as such an arrangement allows the shaving razor to be charged anywhere without additional components.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Robert D Cornett whose telephone number is (571) 270-0182. The examiner can normally be reached M-F 7:30 am-5:30 pm.
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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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/ROBERT D CORNETT/Examiner, Art Unit 3724 /BOYER D ASHLEY/Supervisory Patent Examiner, Art Unit 3724