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 under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the following features must be shown or the feature(s) canceled from the claim(s):
the first region and the second region (see at least claims 1 and 12)
the first stop surface and the second stop surface (see at least claims 1 and 12)
the shaving plane (see at least claims 1 and 12)
the height direction (see at least claims 1 and 12)
the receiving portion including a concave portion (see at least claim 6)
the body portion (see at least claim 23)
the extension portion (see at least claim 23)
the imaginary vertical line (see at least claim 23)
If the above features are shown in the drawings, the features should be indicated with a reference character(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 Objections
Claim 5 is objected to because of the following informalities: the two fourth surfaces are closer to a center of the connector, but it is unclear what they are closer to the center of the connector from. It is presumed to be intended that the two fourth surfaces are closer to a center of the connector than an outer edge of the connector. Appropriate correction is required.
Applicant is advised that should claim 2 be found allowable, claim 9 will be objected to under 37 CFR 1.75 as being a substantial duplicate thereof. When two claims in an application are duplicates or else are so close in content that they both cover the same thing, despite a slight difference in wording, it is proper after allowing one claim to object to the other as being a substantial duplicate of the allowed claim. See MPEP § 608.01(m).
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1, 12, and 23 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. It is unclear how the first and second region are defined, since the specification does not refer to either structure as the first region and the second region respectively. Specifically, the regions are each referred to as “open regions” which are not designated with a reference character in the figures (see paragraph [0041] of instant specification). Likewise, the first and second stop surfaces are collectively referred to as “stop surfaces”, thus the difference between the first and second stop surfaces is not understood (see paragraph [0045] of instant specification). The written description does not clearly designate a first stop surface and a second stop surface, or their positioning relative to other structural elements. Additionally, the following structures do not appear to be recited in the specification at all, and thus lack sufficient written description:
the shaving plane (see at least claims 1 and 12)
the height direction (see at least claims 1 and 12)
the body portion (see at least claim 23)
the imaginary vertical line (see at least claim 23)
the extension portion (see at least claim 23)
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 and 12 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.
Regarding the shaving plane, it is unclear exactly which direction the shaving plane lies in. If the “height” direction extends from upper surface 121 to lower surface 123, the longitudinal direction extends along the x-axis (see paragraph [0031] of instant specification), and the transverse direction lies along the z-axis (as presumed to be intended), then it appears that the height direction extends along the y-axis. Therefore if the shaving plane extends in this direction, it is unclear how it can be considered a “shaving plane”, since a shaving plane typically lies along the plane of the blade cutting edges. It appears as though the shaving plane actually lies along the transverse direction along the z-axis. Therefore, it is interpreted that the shaving plane lies in the transverse direction and has been treated as such for purposes of examination.
The term “generally perpendicular” in claims 1 and 12 is a relative term which renders the claim indefinite. The term “generally perpendicular” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. It is unclear what is considered to be “generally perpendicular”. That is, how much deviation from being perfectly perpendicular is acceptable before the stop surface is no longer considered to be generally perpendicular to the shaving plane?
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.
Claims 1-2, 4-5, 9, 11-20, and 23-24 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Follo (US 20040181954).
Regarding claim 1, Follo discloses a razor cartridge (razor cartridge 36; see fig. 1) configured to be coupled to a razor handle (shaving head 10 can be coupled to a handle; see paragraph [0007]) including a first coupling portion (cartridge retainers 20; see fig. 5) comprising a first surface (rear of ends 26; see annotated portion of fig. 5 below) and a second surface (front of ends 26; see annotated portion of fig. 5 below), the razor cartridge comprising: at least one shaving blade having a cutting edge (blades 44 comprise cutting edges 54; see paragraph [0022] and figs. 6-7); a blade housing accommodating the at least one shaving blade in a longitudinal direction (razor cartridge 36 comprises a housing designed to support blades 44 in a longitudinal direction that extends the length of the housing; see figs. 1, 6, and 7), the blade housing comprising an upper surface exposing at least a portion of the cutting edge (cutting edges 54 are exposed to an upper surface of the blade housing; see annotated portion of fig. 6 below), a lower surface opposite to the upper surface (the blade housing has a lower surface opposite the upper surface; see annotated portion of fig. 6 below), a guard located in front of the at least one shaving blade (guard bar 49 is located near leading surface 46, in front of blades 44; see paragraph [0022] and figs. 6-7), and a cap located in rear of the at least one shaving blade (a cap is located near trailing surface 48, to the rear of blades 44; see annotated portion of fig. 6 below), and the lower surface comprising: a first region overlapping the at least one shaving blade in a transverse direction perpendicular to the longitudinal direction and a height direction extending from the upper surface to the lower surface (the first region overlaps blades 44; see annotated portion of fig. 6 below), and a second region not overlapping the at least one shaving blade in the transverse direction (the second region does not overlap blades 44; see annotated portion of fig. 6 below); and a connector (mounting members 38; see fig. 3) fixed to the second region of the lower surface of the blade housing (mounting members 38 are fixed to the second region; see annotated portion of fig. 6 below), the connector comprising a second coupling portion (arcuate retaining surfaces 40; see fig. 5) configured to be coupled to the first coupling portion of the razor handle (arcuate retaining surfaces 40 are configured to be coupled to cartridge retainers 20; see paragraph [0021] and fig. 5), the second coupling portion comprising a third surface (front of mounting members 38; see annotated portion of fig. 5 below) configured to face the first surface of the first coupling portion of the razor handle (the third surface faces the first surface; see annotated portion of fig. 5 below), at least part of the second coupling portion being positioned within the second region (at least a portion of arcuate retaining surfaces 40 are positioned within the second region; see annotated portion of fig. 6 below), wherein in a state in which the first coupling portion and the second coupling portion are coupled to each other, the connector is configured to be pivotable about a pivot axis (razor cartridge 36 is configured to rotate about pivot axis 52 when force is applied to it, such as during shaving; see paragraphs [0005, 0023] and figs. 6, 7) parallel to the longitudinal direction with respect to the razor handle (pivot axis 52 is parallel to the longitudinal direction; see figs. 6, 7), wherein the pivot axis is disposed below a shaving plane defined by the guard and cap in a transverse direction (pivot axis 52 is located below shave plane 50; see figs. 5 and 6), wherein the connector comprises: a lower portion positioned below the pivot axis and extending within the second region (mounting members 38 have a lower portion positioned below pivot axis 52; see annotated portion of fig. 6 below), the lower portion comprising a fourth surface (rear of mounting members 38; see annotated portion of fig. 5 below) angled relative to the third surface (the fourth surface is angled relative to the third surface; see annotated portion of fig. 5 below) and comprising a first stop surface (the lower portion comprises a first stop surface; see annotated portion of fig. 6 below) configured to contact with at least a portion of the first coupling portion in a rest position where the connector is not pivoted (the first stop surface contacts cartridge retainers 20; see annotated portion of fig. 6 below), and an upper portion positioned above the pivot axis (mounting members 38 have an upper portion positioned above pivot axis 52; see annotated portion of fig. 6 below), the upper portion comprising a second stop surface (the upper portion comprises a second stop surface; see annotated portion of fig. 6 below) disposed on a lower end thereof and configured to engage the first coupling portion to limit pivoting of the razor cartridge to within a predetermined pivot angle (the second stop surface engages with cartridge retainers 20 so that razor cartridge 36 pivots within a predetermined angle as allowed by slots 39; see annotated portion of fig. 6 below), wherein all regions of the third surface and the first and second stop surfaces are positioned within the second region (the third surface, as well as the first and second stop surfaces are positioned within the second region; see annotated portion of fig. 6 below), and wherein the second stop surface extends generally perpendicular to the shaving plane (the second stop surface is generally perpendicular to shave plane 50; see annotated portion of fig. 6 below).
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Regarding claim 2, Follo discloses the limitations of claim 1 as described in the rejection above.
Follo further discloses wherein the connector includes two second coupling portions (mounting members 38 each include an arcuate retaining surface 40; see fig. 5), and wherein the two second coupling portions include two fourth surfaces formed in the rear of the third surface (each of mounting members 38 include a fourth surface formed in the rear of the third surface; see annotated portion of fig. 5 above), each having a predetermined inclined angle with respect to an axis perpendicular to the lower surface of the blade housing (each of the fourth surfaces are inclined with respect to an axis perpendicular to the lower surface; see annotated portion of fig. 5 above).
Regarding claim 4, Follo discloses the limitations of claim 2 as described in the rejection above.
Follo further discloses wherein the two fourth surfaces have a symmetric shape about a width direction perpendicular to the longitudinal direction (the fourth surfaces are symmetric about a width direction which is perpendicular to the longitudinal direction; see fig. 6).
Regarding claim 5, Follo discloses the limitations of claim 2 as described in the rejection above.
Follo further discloses wherein the two fourth surfaces are closer to a center of the connector toward the blade housing (the fourth surfaces are closer to a center of mounting members 38 than an outer edge of the blade housing in a longitudinal direction; see annotated portion of fig. 5 above).
Regarding claim 9, Follo discloses the limitations of claim 1 as described in the rejection above.
Follo further discloses wherein the connector includes two second coupling portions (mounting members 38 each include an arcuate retaining surface 40; see fig. 5), and wherein the two second coupling portions include two fourth surfaces formed in a rear of the third surface (each of mounting members 38 include a fourth surface formed in the rear of the third surface; see annotated portion of fig. 5 above), each having a predetermined inclined angle with respect to an axis perpendicular to the lower surface of the blade housing (each of the fourth surfaces are inclined with respect to an axis perpendicular to the lower surface; see annotated portion of fig. 5 above).
Regarding claim 11, Follo discloses the limitations of claim 1 as described in the rejection above.
Follo further discloses wherein the connector is formed integrally with the blade housing (mounting members 38 are formed as part of the blade housing; see fig. 3).
Regarding claim 12, Follo discloses a razor assembly comprising: a razor handle (shaving head 10 can be coupled to a handle; see paragraph [0007]) including a first coupling portion (cartridge retainers 20; see fig. 5) comprising a first surface (rear of ends 26; see annotated portion of fig. 5 below) and a second surface (front of ends 26; see annotated portion of fig. 5 below); and a razor cartridge (razor cartridge 36; see fig. 1) including: at least one shaving blade having a cutting edge (blades 44 comprise cutting edges 54; see paragraph [0022] and figs. 6-7), a blade housing accommodating the at least one shaving blade in a longitudinal direction (razor cartridge 36 comprises a housing designed to support blades 44 in a longitudinal direction that extends the length of the housing; see figs. 1, 6, and 7), the blade housing comprising an upper surface exposing at least a portion of the cutting edge (cutting edges 54 are exposed to an upper surface of the blade housing; see annotated portion of fig. 6 below), a lower surface opposite to the upper surface (the blade housing has a lower surface opposite the upper surface; see annotated portion of fig. 6 below), a guard located in front of the at least one shaving blade (guard bar 49 is located near leading surface 46, in front of blades 44; see paragraph [0022] and figs. 6-7), and a cap located in rear of the at least one shaving blade (a cap is located near trailing surface 48, to the rear of blades 44; see annotated portion of fig. 6 below), and the lower surface comprising: a first region overlapping the at least one shaving blade in a transverse direction perpendicular to the longitudinal direction and a height direction extending from the upper surface to the lower surface (the first region overlaps blades 44; see annotated portion of fig. 6 below), and a second region not overlapping the at least one shaving blade in the transverse direction (the second region does not overlap blades 44; see annotated portion of fig. 6 below); and a connector (mounting members 38; see fig. 3) fixed to the second region of the lower surface of the blade housing (mounting members 38 are fixed to the second region; see annotated portion of fig. 6 below), the connector comprising a second coupling portion (arcuate retaining surfaces 40; see fig. 5) configured to be coupled to the first coupling portion of the razor handle (arcuate retaining surfaces 40 are configured to be coupled to cartridge retainers 20; see paragraph [0021] and fig. 5), the second coupling portion comprising a third surface (front of mounting members 38; see annotated portion of fig. 5 below) configured to face the first surface of the first coupling portion of the razor handle (the third surface faces the first surface; see annotated portion of fig. 5 below), at least part of the second coupling portion being positioned within the second region (at least a portion of arcuate retaining surfaces 40 are positioned within the second region; see annotated portion of fig. 6 below), wherein in a state in which the first coupling portion and the second coupling portion are coupled to each other, the connector is configured to be pivotable about a pivot axis (razor cartridge 36 is configured to rotate about pivot axis 52 when force is applied to it, such as during shaving; see paragraphs [0005, 0023] and figs. 6, 7) parallel to the longitudinal direction with respect to the razor handle (pivot axis 52 is parallel to the longitudinal direction; see figs. 6, 7), wherein when the connector pivots with respect to the razor handle about the pivot axis, the first surface is configured to move with respect to the third surface along the third surface (the first surface will experience some movement along the third surface during a shaving operation due to overturn moment “M”; see paragraph [0023]), wherein the pivot axis is disposed below a shaving plane defined by the guard and cap in a transverse direction (pivot axis 52 is located below shave plane 50; see figs. 5 and 6), wherein the connector comprises: a lower portion positioned below the pivot axis and extending within the second region (mounting members 38 have a lower portion positioned below pivot axis 52; see annotated portion of fig. 6 below), the lower portion comprising a fourth surface (rear of mounting members 38; see annotated portion of fig. 5 below) angled relative to the third surface (the fourth surface is angled relative to the third surface; see annotated portion of fig. 5 below) and comprising a first stop surface (the lower portion comprises a first stop surface; see annotated portion of fig. 6 below) configured to contact with at least a portion of the first coupling portion in a rest position where the connector is not pivoted (the first stop surface contacts cartridge retainers 20; see annotated portion of fig. 6 below), and an upper portion positioned above the pivot axis (mounting members 38 have an upper portion positioned above pivot axis 52; see annotated portion of fig. 6 below), the upper portion comprising a second stop surface (the upper portion comprises a second stop surface; see annotated portion of fig. 6 below) disposed on a lower end thereof and configured to engage the first coupling portion to limit pivoting of the razor cartridge to within a predetermined pivot angle (the second stop surface engages with cartridge retainers 20 so that razor cartridge 36 pivots within a predetermined angle as allowed by slots 39; see annotated portion of fig. 6 below), wherein all regions of the third surface and the first and second stop surfaces are positioned within the second region (the third surface, as well as the first and second stop surfaces are positioned within the second region; see annotated portion of fig. 6 below), and wherein the second stop surface extends generally perpendicular to the shaving plane (the second stop surface is generally perpendicular to shave plane 50; see annotated portion of fig. 6 below).
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Regarding claim 13, Follo discloses the limitations of claim 12 as described in the rejection above.
Follo further discloses wherein the connector comprises a receiving portion (arcuate guides 42; see fig. 3) configured to receive at least a part of the first coupling portion (a portion of ends 26 of cartridge retainers 26 engages with arcuate guides 42; see paragraph [0021] and fig. 4), wherein the second surface of the first coupling portion is formed in front of the first surface (the second surface is formed in front of the first surface; see annotated portion of fig. 5 above), wherein a fourth surface of the second coupling portion is formed in the rear of the third surface (the fourth surface is formed to the rear of the third surface; see annotated portion of fig. 5 above), and wherein the fourth surface is configured to cam-actuate with the second surface while the first coupling portion enters the receiving portion so as to be coupled to the second coupling portion (when inserting razor cartridge 36 into shaving head 10, the fourth surface will actuate with the second surface; see annotated portion of fig. 5 above).
Regarding claim 14, Follo discloses the limitations of claim 13 as described in the rejection above.
Follo further discloses wherein an inclined angle formed by the fourth surface corresponds to an inclined angle formed by the second surface in order for the fourth surface to cam-actuate with the second surface (the fourth surface is inclined with respect to an axis perpendicular to the lower surface, and the inclined angle corresponds to that of the second surface to facilitate attachment of razor cartridge 36; see annotated portion of fig. 5 above).
Regarding claim 15, Follo discloses the limitations of claim 12 as described in the rejection above.
Follo further discloses wherein the pivot axis passes a front end of the first coupling portion (cartridge retainers 20 have front ends 26 which are passed by pivot axis 52; see annotated portion of fig. 5 above and fig. 6).
Regarding claim 16, Follo discloses the limitations of claim 12 as described in the rejection above.
Follo further discloses wherein the third surface comprises a concave curved surface (the third surface, formed by the front portion of mounting members 38, is concave; see annotated portion of fig. 5 above and fig. 6), and wherein the first surface comprises a convex curved surface (the first surface, formed by the rear portion of ends 26, is convex; see fig. 3 and annotated portion of fig. 5 above) corresponding to the concave curved surface of the third surface (the curvature of the third and first surfaces correspond to one another to facilitate mounting of razor cartridge 36; see fig. 4).
Regarding claim 17, Follo discloses the limitations of claim 16 as described in the rejection above.
Follo further discloses wherein the curved surface of the first surface and the curved surface of the third surface have a profile of an arc about the pivot axis (the curved first and third surfaces have an arc shape relative to pivot axis 52; see annotated portion of fig. 5 above and fig. 6).
Regarding claim 18, Follo discloses the limitations of claim 16 as described in the rejection above.
Follo further discloses wherein a curvature of the first surface corresponds to a curvature of the third surface (the curved first surface corresponds to the curved third surface to facilitate mounting of razor cartridge 36; see fig. 4 and annotated portion of fig. 5 above).
Regarding claim 19, Follo discloses the limitations of claim 12 as described in the rejection above.
Follo further discloses wherein the connector comprises a receiving portion (arcuate guides 42; see fig. 3) configured to receive at least a part of the first coupling portion (a portion of ends 26 of cartridge retainers 26 engages with arcuate guides 42; see paragraph [0021] and fig. 4), wherein the connector is configured to be pivotable within a predetermined angle range about the pivot axis (razor cartridge 36 is configured to rotate about pivot axis 52 when force is applied to it, such as during shaving, and has a predetermined angle range since it is limited by mounting members 38; see paragraphs [0005, 0023] and figs. 6, 7), and wherein the second coupling portion is configured to be coupled to the first coupling portion which enters the receiving portion within the predetermined angle range (arcuate retaining surfaces 40 are configured to be coupled to cartridge retainers 20 as ends 26 of cartridge retainers 20 abut arcuate guides 42 within the predetermined angle range; see paragraph [0021] and fig. 5).
Regarding claim 20, Follo discloses the limitations of claim 12 as described in the rejection above.
Follo further discloses wherein the connector comprises a receiving portion (arcuate guides 42; see fig. 3) configured to receive at least a part of the first coupling portion (a portion of ends 26 of cartridge retainers 26 engages with arcuate guides 42; see paragraph [0021] and fig. 4), and wherein the first coupling portion includes a latching portion formed to be received in the receiving portion when being coupled to the second coupling portion (at least a portion of the latching portion is received by arcuate guides 42; see annotated portion of fig. 5 above), and wherein a cross-section of the latching portion has a fan shape (the latching portion has a fan shape – that is, a curved line connected on either end by a straight line segment; see annotated portion of fig. 5 above).
Regarding claim 23, Follo discloses the limitations of claim 1 as described in the rejection above.
Follo further discloses wherein the second coupling portion comprises: a body portion (arcuate retaining surfaces 40 comprise a body portion; see annotated portion of fig. 5 above) comprising the third surface (the body portion makes up the third surface; see annotated portion of fig. 5 above) and extending in a direction away from the first region of the lower surface of the blade housing (the body portion extends away from the first region; see annotated portion of figs. 5 and 6 above), and an extension portion (see annotated portion of fig. 5 above) crossing the body portion and extending toward an imaginary vertical line (the extension portion crosses the body portion and extends toward the vertical line/axis perpendicular to lower surface; see annotated portions of figs. 5 and 6 above) perpendicular to the longitudinal direction and vertically bisecting the lower surface of the blade housing (the vertical line is perpendicular to the longitudinal direction and vertically bisects the lower surface; see annotated portions of figs. 5 and 6 above), wherein the body portion of the second coupling portion does not overlap the first region of the lower surface of the blade housing (the body portion does not overlap the first region; see annotated portions of figs. 5 and 6 above), and wherein the extension portion of the second coupling portion partially overlaps the first region (the extension portion at least partially overlaps the first region; see annotated portions of figs. 5 and 6 above).
Regarding claim 24, Follo discloses the limitations of claim 1 as described in the rejection above.
Follo further discloses wherein the upper portion of the second coupling portion of the connector is inclined relative to the longitudinal direction (the upper portion is inclined relative to the longitudinal direction; see annotated portion of fig. 6 above).
Claim Rejections - 35 USC § 103
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.
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 3, 6, and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Follo (US 20040181954).
Regarding claim 3, Follo discloses the limitations of claim 2 as described in the rejection above.
Follo discloses the invention essentially as claimed as discussed above. However, Follo does not explicitly disclose wherein the predetermined inclined angle is 20 degrees to 80 degrees.
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify Follo to include a predetermined inclined angle between 20 degrees to 80 degrees since it has been held that “where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device (see In Gardner v. TEC Syst., Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984)). In the instant case, the device of Follo would not operate differently if modified to have an angle within the recited range, particularly since it appears to have an angle of about 45 degrees from the axis. Further, it appears Applicant has placed no criticality on the claimed range, simply indicating that the predetermined inclined angle “may” be within 20 degrees to 80 degrees (see instant specification paragraph [0042]).
Regarding claim 6, Follo discloses the limitations of claim 1 as described in the rejection above.
Follo further discloses wherein the connector comprises a receiving portion (arcuate guides 42; see fig. 3) configured to receive at least a part of the first coupling portion (a portion of ends 26 of cartridge retainers 26 engages with arcuate guides 42; see paragraph [0021] and fig. 4), and wherein the receiving portion includes a convex portion having a fan-shaped cross-section (arcuate guides 42 have a convex cross-section; see fig. 4) and passed by the pivot axis (arcuate guides 42 pass by pivot axis 52; see fig. 3 and annotated portion of fig. 6 above).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify Follo to make the receiving portion concave instead of convex since it has been held that a mere reversal of the essential working parts of a device involves only routine skill in the art (see In re Einstein, 8 USPQ 167). In the instant case, the device of Follo would not operate differently if the receiving portion and its corresponding elements had an opposite configuration. That is, as long as the receiving portion is capable of receiving at least a portion of the first coupling portion, such a modification would be obvious.
Regarding claim 7, Follo as modified discloses the limitations of claim 6 as described in the rejection above.
Follo as modified further discloses wherein the pivot axis is disposed to pass an end of the concave portion toward the upper surface of the blade housing (as modified to make arcuate guides 42 concave, pivot axis 52 passes an end of the concave portion in the direction of the upper surface; see fig. 3 and annotated portion of fig. 6 above).
Regarding claim 21, Follo discloses the limitations of claim 12 as described in the rejection above.
Follo does not explicitly disclose wherein the razor handle further includes one or more plunger guards extended in a forward direction.
Son discloses wherein the razor handle further includes one or more plunger guards extended in a forward direction (plunger guards 235, 236 are arranged on either side of plunger 260 and extend in a forward direction; see paragraph [0070] and fig. 7).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify Follo in view of Son to include one or more plunger guards. Son discloses a pair of plunger guards (plunger guards 235, 236) that are designed to protect the plunger, even when the cartridge is not assembled (see paragraph [0027]). In order to provide protection for the plunger, it would be obvious to one of ordinary skill in the art to include plunger guards as disclosed by Son.
Regarding claim 22, Follo as modified discloses the limitations of claim 21 as described in the rejection above.
Follo as modified further discloses wherein the connector includes two second coupling portions (mounting members 38 each include an arcuate retaining surface 40; see fig. 5), and wherein in a state in which the first coupling portion and the two second coupling portions are coupled to each other, the plunger guard is extended from the razor handle so as to be inserted into a space between the two second coupling portions (as modified to include forwardly extending plunger guards on either side of the plunger, the plunger guards extend into a space between mounting members 38 when cartridge retainers 20 are coupled to mounting members 38).
Response to Arguments
Applicant's arguments filed 2/6/2026 have been fully considered but they are not persuasive. Applicant asserts that Follo does not disclose: a lower portion or an upper portion, that all regions of the third surface and the first and second stop surfaces are positioned within the second region, and wherein the second stop surface extends generally perpendicular to the shaving plane. Examiner notes the newly applied interpretation of Follo which addresses these claim limitations. In response to Applicant's argument that Follo does not provide an effective cartridge rinsing area (see pg. 11 of remarks filed 2/6/2026), a recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. In the present case, it is understood that the structure of Follo would not prevent rinsing of the blades, and further, the intended use is not recited in the claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: US 20120124840 to Iaccarino, drawn to a wet shaver; and US 20200070375 to Hurtado, drawn to a razor structure.
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/HALEIGH N WATSON/Examiner, Art Unit 3724 /BOYER D ASHLEY/Supervisory Patent Examiner, Art Unit 3724
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