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 .
Drawings
The drawings are objected to because:
In Figure 3, item 141 and its reference line should be deleted as the pin does not appear to be shown. See Figure 4 which clearly shows pin 141.
In Figure 8, it is unclear why there are two occurrences of item 119. Was one supposed to be a different number?
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.
Specification
The disclosure is objected to because of the following informalities:
On page 9 line 16, the phrase “PF of Figure 3” should be replaced with “PF of Figure 4”
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.
Claims 1-13 and 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.
With regards to claim 1, the phrase “a self-retained assembly” is unclear. It is unclear what is meant by this phrase. As written, a new assembly has been introduced. The cartridge appears to be the self-retained assembly and it is unclear why the name “a self-retained assembly” instead of just utilizing the phrase “slider cartridge”.
With regards to claims 6 and 17, it is unclear what is meant by “form factor”.
With regards to claim 7, the phrase “in an assembled state” is unclear. Claims 1 and 7 discloses “a slider cartridge comprising”. In order for the cartridge to comprise all of the structures, the cartridge must be in an assembled state. There cannot be a state where the cartridge exists and comprises the structures when the structures are disassembled. If the structures are disassembled, the cartridge does not exist.
With regards to claim 8, the phrase “two biasing elements” is unclear. This limitation does not further limit claim 1’s “as least one biasing element” limitation. Claim 8 discloses three elements which is not supported. The phrase should be replaced with “the at least one biasing element is two biasing elements”.
Claims 11, 12, and 13 recite the limitations "the knife handle", “the knife blade”, “stowed position”, and “the deployed position”. There is insufficient antecedent basis for these limitations in the claims. Claim 10 depends from claim 1 as it utilizes the cartridge from claim 1. While claim 1 introduces the knife handle and blade, they are not positively claimed in claim 1. Claim 10 should introduce the “a knife blade” and “a knife handle” as being parts of the knife and introduce “a stowed position” of the blade and “a deployed position” of the blade.
Claim Rejections - 35 USC § 102
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)(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, 7-13, 19, and 20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Marfione (11,945,126).
With regards to claims 1 and 7-9, Marfione disclose the same invention including a slider cartridge (38, 40, 42, 48) for an out-the-front knife (10) having a handle (12) and blade (14) that is selectively deployable out a front of the handle to move from a stowed position within the handle (Fig. 1) to a deployed out of the handle (Fig. 2), the cartridge having a slider plate (48), a pair of opposing catches (40, 42), at least one biasing element (38), the opposing catches are configured to be retained on opposing ends of the slider plate under bias of the at least one biasing element in a self-retaining assembly that is manipulable in space apart from the knife handle and knife blade (Figs. 4, 9, and 10), each of the catches includes at least one aperture configured to detachably receive a respective end of the at least one biasing element such that, in an assembled state, the at least one biasing element extends between the catches (Fig. 10), two biasing elements (38) between the catches and extending along an outer face of the slider plate (Figs. 4 and 10), and the catches are of identical form (40, 42).
With regards to claims 10-13, Marfione disclose the same invention including an out-the-front knife (10) having the cartridge of claim 1 (see rejection of claim 1 above), a detent mechanism positioned at a rear end of the knife within the handle to interact with a tang of the knife blade to secure the blade in the stowed position until a bias of the detent mechanism is overcome by movement of the plate (46, Fig. 10), a detent mechanism positioned at a front end of the knife within the handle to interact with a tang of the knife blade to secure the blade in the deployed position until a bias of the detent mechanism is overcome by movement of the plate (44, Fig. 10), and a movable engagement member coupled to the handle to move in fore and aft directions and operable in conjunction with the slider plate to move the blade between the stowed and deployed positions (16).
With regards to claims 19 and 20, Marfione disclose the same invention including a method of assembling an out-the-front knife (10, Fig. 4) having a handle (12) and blade (14) that is selectively deployable out a front of the handle to move from a stowed position within the handle (Fig. 1) to a deployed out of the handle (Fig. 2), the method including providing a slider plate (48), a pair of opposing catches (40, 42), and at least one biasing element (38), configuring the opposing catches on opposing ends of the slider plate under a bias of the at least one biasing element to form a self-retaining slider cartridge (Figs. 4 and 10), positioning the cartridge between opposing portions of the handle (Fig. 4), and the cartridge being manipulable in space apart from the portions of the handle and the blade (Figs. 4, 9, and 10).
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 2-6 are rejected under 35 U.S.C. 103 as being unpatentable over Marfione (11,945,126). See Figure below for Examiner added reference labels.
With regards to claims 2-6, Marfione discloses the invention including each of the catches includes structures (y) that are operable to assist in securing each respective catch on a respective one of the opposing ends of the slider plate (catches 40, 42 incorporate portion x which abuts a front side of slider plate 48 and portion y that abuts a backside of slider plate 48 which assists in securing), the slider plate includes a catch engaging slot on each of the opposing ends of the slider plate to insertably receive a respective one of the catches (Figs. 4 and 10), the slots are defined by a slot width (Figs. 4 and 10), the structures are configured to abuts a backside of the slider plate to assist in retaining the catches in the assembly (y), and a slider plate engaging end of the catches which includes the structures is provided in a form factor that is configured to nest with the opposing end of the slider plate to assist in retaining the catches on the slider plate in the assembly (in Fig. 9, the ends of plate 48 nest with portions x and y of catches 40 and 42).
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However, with regards to claims 2 and 4, Marfione fails to disclose the structures (y) are opposing tabs that protrude outwardly from a center of the catch to a side of the slider plate and the tabs protrude outwardly beyond the slot width such that the tabs overlap with portions of the slider plate adjacent to the slots.
It would have been an obvious matter of design choice to make the different portions of the structures (y) of whatever form or shape was desired or expedient including taking the form of opposing tabs that protrude outwardly from a center of the catch to a side of the slider plate and protrude outwardly beyond the slot width such that the tabs overlap with portions of the slider plate adjacent to the slots. A change in form or shape is generally recognized as being within the level of ordinary skill in the art, absent any showing of unexpected results. In re Dailey et al., 149 USPQ 47. Therefore, it would have been an obvious matter of design choice to modify the device of Marfione to obtain the invention as specified in claims 2-6. The claim would have been obvious because a person of ordinary skill has good reason to pursue the known options within technical grasp. If this leads to the anticipated success, it is likely the product is not of innovation but of ordinary skill and common sense.
Claims 14-18 are rejected under 35 U.S.C. 103 as being unpatentable over Marfione (11,945,126). See rejections of claims 1-6 and 10-12 above.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JASON DANIEL PRONE whose telephone number is (571)272-4513. The examiner can normally be reached Monday-Friday: 7:00 am-3:00 pm.
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19 November 2025
/Jason Daniel Prone/
Primary Examiner, Art Unit 3724