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 Amendments
The amendments filed July 17, 2026 have been entered. Accordingly, claims 1-21 are currently pending and have been examined. The Examiner acknowledges the amendments of claims 1, 4-5, 9, 11-14, and 19-21. The previous claim objections, 112 rejections, and 103 rejections has been withdrawn due to applicant’s amendments. However, a new grounds of rejection has been made due to applicant’s amendments. For the reason(s) set forth below, applicant’s arguments have not been found persuasive. The action is Final.
Claim Objections
Claim 19 is objected to because of the following informalities:
In claim 19, line 8 “abrasive member comprising” should be “an abrasive member comprising”
Appropriate correction is required.
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.
Claims 1-10, 14-16, 18-19, and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Allison (US Pub. No. 2014/0335765) in view of Harry (US Patent No. 2,662,353).
Regarding claim 1, Allison discloses: a sharpener (Figures 1-13 element 10 and see also paragraph 0041) for sharpening a cutting edge (element 9) of a cutting tool (element 8 and see also Abstract), the sharpener comprising:
a blade fixture (element 300) configured to secure a blade of the cutting tool (see figure 3 and see also paragraph 0070);
a base assembly (elements 20/50/70/170) configured to position the blade fixture at an orientation to the base assembly (see paragraphs 0043/0045/0046/0054); and
an abrasive assembly (elements 160/200/210/222 and see also figure 1 annotated below Detail A) comprising:
a rod (element 160) connectable to the base assembly (see figure 1); and
an abrasive block (element 200) mountable on the rod (see figure 1), the abrasive block being rotatable about a rod axis of the rod (see figure 1 annotated below X-X axis and see also paragraph 0055 where the prior art discloses element 200 (abrasive block) having portions (element 210) on each side (elements 200a-200d are “rotated about” element 160 (rod), thus a portion of the abrasive block being rotatable about the rod axis), the abrasive block securing an abrasive member (element 210 and see also paragraph 0055) to the abrasive block (see paragraph 0055 and see also figure 1), the abrasive block comprising a handle (see figure 1 annotated below Detail A) disposed on a first side (see figure 1 annotated below Detail B) of the rod and the abrasive member being securable to the abrasive block on a second side (see figure 1 annotated below Detail C) of the rod opposite the first side (see figure 1 annotated below), the handle being configured as a counterweight to counterbalance the abrasive member as the abrasive block rotates about the rod axis (Giving that the prior art discloses the handle (see annotated figure 1 below Detail A) of the abrasive block (element 200) and there is no structural difference or additional structure provided, thus the prior art would be capable of having the handle be a counterweight to counterbalance the abrasive member as the abrasive block rotates about the rod axis, as recited.).
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Furthermore, Allison discloses in paragraph 0055 that element 210 (abrasive member) being “removably attached” to element 200 (abrasive block). However, Allison appears to be silent wherein the abrasive block comprises comprising one or more alignment features and a magnet for selectively aligning and securing the abrasive member.
Harry teaches it was known in the art to have a hand-held abrasive tool (Figures 1-3 and see also col. 1, ll. 1-6) comprising an abrasive assembly (elements 10/29/30/31/32/33) comprising an abrasive block (element 10), an abrasive member (elements 29/32/33 and see also col. 2, ll. 35 where the prior art discloses a portion (element 33) of the abrasive member being “an abrasive material”) wherein the abrasive block comprises one or more alignment features (elements 30/31 and see also col. 2, ll. 21-23 where the prior art discloses elements 30/31 as “dowel pins”) and a magnet (element 26 and see also col. 2, ll. 10-14 where the prior art discloses element 26 as being “magnets”) for selectively aligning and securing an abrasive member to the abrasive block (see figures 2-3).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Allison to incorporate the teachings of Harry to provide wherein the abrasive block comprises one or more alignment features and a magnet for selectively aligning and securing an abrasive member to the abrasive block. One of ordinary skill in the art would recognize that providing a known connection means including alignment features in the form of pins and a magnet in order to align/secure the abrasive member to the abrasive block would necessarily provide the predictable result of preventing a torsional or twisting displacement between the components as disclosed by Harry (see col. 2, ll. 28-30), thus preventing the tool from disassembling and being damaged during operations.
Regarding claim 2, Allison modified discloses: the sharpener of claim 1, wherein the one or more alignment features comprise first and second alignment pins (As described above in the rejection of claim 1 (see pages 3-6), the prior art of Harry discloses elements 30/31 (one or more alignment features) comprising first (element 30) and second (element 31) alignment pins (see col. 2, ll. 21-23)).
Regarding claim 3, Allison modified discloses: the sharpener of claim 1: the sharpener of claim 2, wherein the first and second alignment pins are disposed adjacent opposing ends of the abrasive block (see figure 2 of prior art Harry, showing the first and second alignment pins (elements 30/31) being disposed adjacent opposing ends of the abrasive block (element 10)).
Regarding claim 4, Allison modified discloses: the sharpener of claim 1, wherein the magnet is disposed at or proximate to a middle of the abrasive block (see figure 1 of prior art Harry, showing portions (middle portion) of the magnet (element 26) being disposed at and proximate to a middle of the abrasive block (element 10)).
Regarding claim 5, Allison modified discloses: the sharpener of claim 1, further comprising the abrasive member (element 210 and see also paragraph 0055).
Furthermore, Allison discloses in paragraph 0055 that element 210 (abrasive member) being “removably attached” to element 200 (abrasive block). However, Allison appears to be silent wherein the abrasive member comprising one or more alignment features that correspond to the one or more alignment features on the abrasive block.
Harry teaches it was known in the art to have a hand-held abrasive tool (Figures 1-3 and see also col. 1, ll. 1-6) comprising an abrasive assembly (elements 10/29/30/31/32/33) comprising an abrasive block (element 10), one or more abrasive member (elements 29/32/33 and see also col. 2, ll. 35 where the prior art discloses a portion (element 33) of the abrasive member being “an abrasive material”) wherein the abrasive block comprises one or more alignment features (elements 30/31 and see also col. 2, ll. 21-23 where the prior art discloses elements 30/31 as “dowel pins”), and wherein the abrasive member comprising one or more alignment features (see figure 2 annotated below Detail A) that correspond to the one or more alignment features on the abrasive block (see figure 2 annotated below showing the one or more abrasive members (elements 29/32/33) one or more alignment features (Detail A) corresponding to the one or more alignment features (elements 30/31) on the abrasive block (element 10)).
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It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Allison to incorporate the teachings of Harry to provide wherein each of the abrasive member comprising one or more alignment features that correspond to the one or more alignment features on the abrasive block. One of ordinary skill in the art would recognize that providing a known connection means including alignment features of the abrasive member corresponding to the alignment features of the abrasive block would necessarily provide the predictable result of preventing a torsional or twisting displacement between the components as disclosed by Harry (see col. 2, ll. 28-30), thus preventing the tool from disassembling and being damaged during operations.
Regarding claim 6, Allison modified discloses: the sharpener of claim 5, wherein the one or more alignment features on the abrasive block and the one or more alignment features on each of the one or more abrasive members comprising mating features (see annotated figure 2 above (page 8) of prior art Harry showing the one or more alignment features (elements 30/31) on the abrasive block (element 10) being a male connection and the one or more alignment features (see figure 2 annotated above Detail A) on each of the one or more abrasive members (elements 29/32/33) being a female connection, thus comprising mating features).
Regarding claim 7, Allison modified discloses: the sharpener of claim 6, wherein the one or more alignment features on the abrasive block comprise one or more pins (As described above in the rejection of claim 1 (see pages 3-6), the prior art combination discloses elements 30/31 (one or more alignment features) comprising one or more pins (elements 30/31 and see col. 2, ll. 21-23) and the one or more alignment features on each of the abrasive members comprises one or more holes in each of the abrasive members (see annotated figure 2 above (page 8) of prior art Harry showing the one or more alignment features (see figure 2 annotated above Detail A) as one or more holes).
Regarding claim 8, Allison modified discloses: the sharpener of claim 5, wherein each of the one or more abrasive members comprises a material that is attracted by the magnet (see figure 3, col. 2, ll. 19, and col. 3, ll. 25-32 of prior art Harry, where the prior art discloses a portion (element 29) of the one or more abrasive members is “a metallic plate” (material) which magnetically connects to the magnets (see col. 3, ll. 25-32)).
Regarding claim 9, Allison modified discloses: the sharpener of claim 1, wherein the abrasive block is balanced such that the abrasive member is urged toward a downwardly facing orientation while remaining tiltable relative to the blade fixture during a sharpening operation to follow a contour of the cutting edge (Giving that the prior art discloses the abrasive block (element 200) operably connected to the abrasive member (element 210 and see also paragraph 0055) and there is no structural difference or additional structure provided, thus the prior art would be capable of having the abrasive block be balanced such that the abrasive member is urged toward a downwardly facing orientation while remaining tiltable relative to the blade fixture during a sharpening operation to follow a contour of the cutting edge, as recited.).
Regarding claim 10, Allison modified discloses: the sharpener of claim 1, wherein the abrasive block is mountable at a fixed position along the length of the rod (see figure 1).
Regarding claim 14, Allison discloses: a sharpener (Figures 1-13 element 10 and see also paragraph 0041) for sharpening a cutting edge (element 9) of a cutting tool (element 8 and see also Abstract), the sharpener comprising:
a blade fixture (element 300) configured to secure a blade of the cutting tool (see figure 3 and see also paragraph 0070);
a base assembly (elements 20/50/70/170) configured to position the blade fixture at an orientation to the base assembly (see paragraphs 0043/0045/0046/0054); and
an abrasive assembly (elements 160/200/210/222 and see also figure 1 annotated below Detail A) comprising:
an abrasive member (element 210 and see also paragraph 0055);
a rod (element 160) connectable to the base assembly (see figure 1);
a frame or abrasive cartridge (element 200) mountable on the rod, the frame or abrasive cartridge being rotatable about a rod axis of the rod (see figure 1 annotated below X-X axis and see also paragraph 0055 where the prior art discloses element 200 (abrasive block) having portions (element 210) on each side (elements 200a-200d are “rotated about” element 160 (rod), thus a portion of the abrasive block being rotatable about the rod axis) and comprising a handle (see figure 1 annotated below Detail A) disposed on a first side (see figure 1 annotated below Detail B) of the rod and extending parallel to the rod (see figure 1 annotated below), the abrasive member being securable to the frame or abrasive cartridge on a second side (see figure 1 annotated below Detail C) of the rod opposite the first side (see figure 1 annotated below) such that the handle counterbalances the abrasive member as the frame or abrasive cartridge rotates about the rod axis (Giving that the prior art discloses the abrasive member (element 210) being secured to the frame or abrasive cartridge on a second side (element 200) on the second side (Detail C) of the rod (element 160) and there is no structural difference or additional structure provided, thus the prior art would be capable of having the handle counterbalances the abrasive member as the frame or abrasive cartridge rotates about the rod axis, as recited.), the frame or abrasive cartridge having a support surface (elements 200a-200d and see also paragraph 0055) and securing the abrasive member to the frame or abrasive cartridge on the support surface (see paragraph 0055).
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Furthermore, Allison discloses in paragraph 0055 that element 210 (abrasive member) being “removably attached” to element 200 (abrasive block). However, Allison appears to be silent wherein the abrasive member having one or more apertures, the frame or abrasive cartridge comprising one or more alignment features and a magnet for selectively aligning and securing the abrasive member to the frame or abrasive cartridge on the support surface, wherein the one or more alignment features are configured to be received in the one or more apertures of the abrasive member to mechanically interlock the abrasive member with the frame or abrasive cartridge, and the magnet is configured to retain the abrasive member in engagement with the support surface.
Harry teaches it was known in the art to have a hand-held abrasive tool (Figures 1-3 and see also col. 1, ll. 1-6) comprising an abrasive assembly (elements 10/29/30/31/32/33), wherein the abrasive assembly comprises an abrasive member (elements 29/32/33 and see also col. 2, ll. 35 where the prior art discloses a portion (element 33) of the abrasive member being “an abrasive material”), a frame or abrasive cartridge (element 10) having a support surface (see figure 2 annotated below Detail A), wherein the abrasive member having one or more apertures (see figure 2 annotated below Detail B), the frame or abrasive cartridge comprising one or more alignment features (elements 30/31 and see also col. 2, ll. 21-23 where the prior art discloses elements 30/31 as “dowel pins”) and a magnet (element 26 and see also col. 2, ll. 10-14 where the prior art discloses element 26 as being “magnets”) for selectively aligning and securing the abrasive member to the frame or abrasive cartridge on the support surface (see figure 2 annotated below), wherein the one or more alignment features are configured to be received in the one or more apertures of the abrasive member to mechanically interlock the abrasive member with the frame or abrasive cartridge, and the magnet is configured to retain the abrasive member in engagement with the support surface (see figure 2 annotated below showing portions of the alignment features (elements 30/31) received in the one or more apertures (Detail B) mechanically interlock the abrasive member (elements 29/32/33) with the frame or abrasive cartridge (element 10) and see col. 3, ll. 25-32 where the prior art discloses utilizing element 26 (magnet) to retain the abrasive member in engagement with the support surface as best shown in figure 2 annotated below).
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It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Allison to incorporate the teachings of Harry to provide wherein the abrasive member having one or more apertures, the frame or abrasive cartridge comprising one or more alignment features and a magnet for selectively aligning and securing the abrasive member to the frame or abrasive cartridge on the support surface, wherein the one or more alignment features are configured to be received in the one or more apertures of the abrasive member to mechanically interlock the abrasive member with the frame or abrasive cartridge, and the magnet is configured to retain the abrasive member in engagement with the support surface. One of ordinary skill in the art would recognize that providing a known connection means including alignment features in the form of pins and a magnet in order to align/secure the abrasive member to the abrasive block would necessarily provide the predictable result of preventing a torsional or twisting displacement between the components as disclosed by Harry (see col. 2, ll. 28-30), thus preventing the tool from disassembling and being damaged during operations.
Regarding claim 15, Allison modified discloses: the sharpener of claim 14, wherein the abrasive member comprises a plate with the one or more apertures extending therethrough (As described above in the rejection of claim 14 (see pages 11-16), the prior art of Harry discloses a plate (element 29) having the with the one or more apertures (Detail B) extending therethrough).
Regarding claim 16, Allison modified discloses: the sharpener of claim 14, wherein the one or more alignment features comprise one or more alignment pins extending from the support surface and configured to be received in the one or more apertures of the abrasive member (As described above in the rejection of claim 14 (see pages 11-16), the prior art of Harry discloses elements 30/31 (one or more alignment features) comprising one or more (elements 30/31) alignment pins (see col. 2, ll. 21-23) and see also figure 2 annotated above (see page 15) extending from the support surface (Detail A) and received in the one or more apertures (Detail B) of the abrasive member).
Regarding claim 18, Allison modified discloses: the sharpener of claim 14, wherein the abrasive member comprises a magnetically permeable material, and the magnet is configured to magnetically retain the abrasive member against the support surface (See figure 3, col. 2, ll. 19, and col. 3, ll. 25-32 of prior art Harry, where the prior art discloses a portion (element 29) of the one or more abrasive members is “a metallic plate” (a magnetically permeable material) which magnetically connects to the magnets (see col. 3, ll. 25-32), thus the magnet is capable to magnetically retain the abrasive member against the support surface, as recited,).
Regarding claim 19, Allison discloses: a sharpener (Figures 1-13 element 10 and see also paragraph 0041) for sharpening a cutting edge (element 9) of a cutting tool (element 8 and see also Abstract), the sharpener comprising:
a blade fixture (element 300) configured to secure a blade of the cutting tool (see figure 3 and see also paragraph 0070);
a base assembly (elements 20/50/70/170) configured to position the blade fixture at an orientation to the base assembly (see paragraphs 0043/0045/0046/0054); and
an abrasive assembly (elements 160/200/210/222 and see also figure 1 annotated below Detail A) comprising:
a rod (element 160) connectable to the base assembly (see figure 1);
abrasive member (element 210 and see also paragraph 0055); and
a frame or an abrasive cartridge (element 200) connectable to the rod (see figure 1), the frame or the abrasive cartridge being rotatable about a rod axis of the rod (see figure 1 annotated below X-X axis and see also paragraph 0055 where the prior art discloses element 200 (abrasive block) having portions (element 210) on each side (elements 200a-200d are “rotated about” element 160 (rod), thus a portion of the abrasive block being rotatable about the rod axis), the frame or the abrasive cartridge having a handle (see figure 1 annotated below Detail A) disposed on a first side (see figure 1 annotated below Detail B) of the rod and at least one face (elements 200a-200d) configured to have the abrasive member attached thereto (see paragraph 0055), the at least one face being disposed on a second side (see figure 1 annotated below showing portions (elements 200a/200b) of the at least one face (elements 200a-200d) being disposed on a second side ( Detail C)) of the rod opposite the first side such that the handle counterbalances the abrasive member as the frame or the abrasive cartridge rotates about the rod axis (Giving that the prior art discloses the abrasive member (element 210) being secured to the frame or abrasive cartridge on a second side (element 200) on the second side (Detail C) of the rod (element 160) and there is no structural difference or additional structure provided, thus the prior art would be capable of having the handle counterbalances the abrasive member as the frame or abrasive cartridge rotates about the rod axis, as recited.).
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Furthermore, Allison discloses in paragraph 0055 that element 210 (abrasive member) being “removably attached” to element 200 (abrasive block). However, Allison appears to be silent wherein the abrasive member comprises first and second alignment holes positioned adjacent opposing ends of the abrasive member, the at least one face comprising one or more alignment features and a magnet for selectively aligning and securing the abrasive member to the frame or the abrasive cartridge on the at least one face, and the one or more alignment features comprising first and second alignment pins positioned adjacent opposing ends of the frame or the abrasive cartridge and configured to be received in the first and second alignment holes in the abrasive member, and the magnet being positioned between the first and second alignment pins and adjacent a middle of the frame or the abrasive cartridge.
Harry teaches it was known in the art to have a hand-held abrasive tool (Figures 1-3 and see also col. 1, ll. 1-6) comprising an abrasive assembly (elements 10/29/30/31/32/33) comprising an a frame or an abrasive cartridge (element 10) having at least one face (see figures 2-3 annotated below Detail A), and an abrasive member (elements 29/32/33 and see also col. 2, ll. 35 where the prior art discloses a portion (element 33) of the abrasive member being “an abrasive material”). Harry further teaches wherein the abrasive member comprises first and second alignment holes positioned adjacent opposing ends of the abrasive member (see annotated figure 2 below showing first and second alignment holes (Detail B) adjacent to opposing ends (left and right ends) of the abrasive member (elements 29/32/33)), the at least one face comprising one or more alignment features (elements 30/31) and a magnet (element 26 and see also col. 2, ll. 10-14 where the prior art discloses element 26 as being “magnets”) for selectively aligning and securing the abrasive member to the frame or the abrasive cartridge on the at least one face (see figures 2-3 annotated below), and the one or more alignment features comprising first and second alignment pins (elements 30/31 and see also col. 2, ll. 21-23 where the prior art discloses elements 30/31 as “dowel pins”) positioned adjacent opposing ends of the frame or the abrasive cartridge and configured to be received in the first and second alignment holes in the abrasive member (see annotated figure 2 below showing the first and second alignment pins (elements 30/31) first and second alignment holes (Detail B) adjacent to opposing ends (left and right ends) of the abrasive frame (element 10) and received in the first and second alignment holes (Detail B) in the abrasive member), and the magnet being positioned between the first and second alignment pins and adjacent a middle of the frame or the abrasive cartridge (see figure 1 showing portions (inner portions) of the magnet (element 26) being positioned between the first and second alignment pins (elements 30/31) and adjacent a middle (middle portion of element 10) of the frame or the abrasive cartridge).
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It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Allison to incorporate the teachings of Harry to provide wherein the abrasive member comprises first and second alignment holes positioned adjacent opposing ends of the abrasive member, the at least one face comprising one or more alignment features and a magnet for selectively aligning and securing the abrasive member to the frame or the abrasive cartridge on the at least one face, and the one or more alignment features comprising first and second alignment pins positioned adjacent opposing ends of the frame or the abrasive cartridge and configured to be received in the first and second alignment holes in the abrasive member, and the magnet being positioned between the first and second alignment pins and adjacent a middle of the frame or the abrasive cartridge. One of ordinary skill in the art would recognize that providing a known connection means including alignment features in the form of pins, holes, and a magnet in order to align/secure the abrasive member to the abrasive block would necessarily provide the predictable result of preventing a torsional or twisting displacement between the components as disclosed by Harry (see col. 2, ll. 28-30), thus preventing the tool from disassembling and being damaged during operations.
Regarding claim 21, Allison modified discloses: the sharpener of claim 19, wherein the frame or the abrasive member is mountable at a fixed position along the length of the rod (see figure 1).
Claims 11-13 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Allison (US Pub. No. 2014/0335765) in view of Harry (US Patent No. 2,662,353) as applied to claims 1 and 19 above, and further in view of Heng (US Pub. No. 2011/0159791).
Regarding claim 11, Allison modified discloses: the sharpener of claim 1, wherein the abrasive block comprises a frame (element 222).
However, Allison modified appears to be silent wherein the abrasive assembly further comprises a second handle disposed on a distal end of the rod opposite to the base assembly.
Heng is also concern in providing a sharpener (Figures 1-7 and see also paragraph 0011) comprising a blade fixture (elements 12/13), a base assembly (element 15/30/31) and an abrasive assembly (element 11) having a rod (element 37) and an abrasive block (element 38/39) for securing an abrasive member (element 40 and see also paragraphs 0015-0016). Heng further teaches wherein the abrasive assembly further comprises a second handle (element 43) disposed on a distal end (end of element 37 where element 44 is pointing to as best shown in figure 3) of the rod opposite to the base assembly (see figures 1-2).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have further modified Allison to incorporate the teachings of Heng to provide wherein the abrasive assembly further comprises a second handle disposed on a distal end of the rod opposite to the base assembly. The resultant combination would have the threaded portion (element 44) of the rod in combination with the second handle (element 43) of Heng now being on the distal end (element 164) of the rod (element 160) of Allison modified. One of ordinary skill in the art would recognize that providing an additional handle to the abrasive assembly would necessarily allow the user to continue to properly operate the sharpener during sharpening operations in the event that the first handle fails or is damaged, while also providing the additional feature of having handles at different positions in order to allow the user to grasp the sharpener at various different positions, thus increasing accessibility and ease of use.
Regarding claim 12, Allison modified discloses: the sharpener of claim 11, wherein the second handle and the abrasive block are configured for independent rotation (see figures 4-5 of prior art of Heng wherein the second handle (element 43) is being rotated independently (see arrow) when being installed to the rod (element 37), see also paragraph 0055 of prior art Allison wherein the abrasive block (element 200) “may be rotated” about the rod (element 160), thus as modified the prior has both the second handle and the abrasive block capable of independent rotation).
Regarding claim 13, Allison modified discloses: the sharpener of claim 11, further comprising a stop member (element 41 of prior art of Heng) associated with the second handle (see figures 3-5 of prior art of Heng) and a stop member (element 190) associated with the abrasive block (see figure 1 of prior art Allison).
Claims 17 is rejected under 35 U.S.C. 103 as being unpatentable over Allison (US Pub. No. 2014/0335765) in view of Harry (US Patent No. 2,662,353) as applied to claim 14 above, and further in view of Alsch (US Patent No. 5,431,068).
Regarding claim 17, Allison modified discloses all the limitations as stated in the rejection of claim 14, but appears to be silent wherein the support surface comprises one or more ribs configured to support the abrasive member in a flush arrangement against the frame or abrasive cartridge.
Alsch is also concern in providing a sharpener (Figures 1-5 and see also col. 3, ll. 3-5) for sharpening a cutting edge (see figure 2 annotated below Detail A) of a cutting tool (element K), the sharpener comprising a blade fixture (element 20), a base assembly (elements 1/2/3/5/6/7/8), and an abrasive assembly (elements 31/32/40) comprising an abrasive member (element 40 and see also col. 4, ll. 25), a rod (element 31) connectable to the base assembly (see figures 2-3), and a frame or abrasive cartridge (element 33) having a support surface (see figure 4 annotated below Detail C). Alsch further teaches wherein the support surface comprises one or more ribs (see figure 4 annotated below Detail A) configured to support the abrasive member in a flush arrangement against the frame or abrasive cartridge (see figure 4 annotated 2 below showing portions of the abrasive member (element 40) being supported in a flush arrangement against the frame or abrasive cartridge (element 33) via portions of the rib (Detail A).
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It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have further modified Allison to incorporate the teachings of Alsch to provide wherein the support surface comprises one or more ribs configured to support the abrasive member in a flush arrangement against the frame or abrasive cartridge. One of ordinary skill in the art would recognize that having the support surface with ribs would necessarily provide additional means securing the abrasive member at multiple different locations, thus preventing the abrasive member from falling off and being damaged during operations.
Response to Arguments
Applicant's arguments filed 07/17/2026 have been fully considered but are moot because the arguments do not apply to the current rejection being used.
Allowable Subject Matter
Claim 20 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Claim 20 recites the limitations related to the sharpener, specifically “wherein the abrasive assembly further comprises a second handle disposed on a distal end of the rod opposite to the base assembly, and a stop member associated with the second handle and a stop member associated with the frame or abrasive cartridge to limit rotation of the frame or abrasive cartridge about the rod”.
The prior art of Heng (US Pub. No. 2011/0159791) discloses a sharpener (Figures 1-7 and see also paragraph 0011) comprising a blade fixture (elements 12/13), a base assembly (element 15/30/31) and an abrasive assembly (element 11) having a rod (element 37) and a frame or abrasive cartridge (element 38/39) for securing an abrasive member (element 40 and see also paragraphs 0015-0016). Heng further discloses wherein the abrasive member further comprises a second handle (element 43) disposed on a distal end (end of element 37 where element 44 is pointing to as best shown in figure 3) having a stop member (element 41) associated with second handle. However, the prior art does not disclose the frame or abrasive cartridge having a stop member and wherein the stop member of the associated with the second handle in structural relation with the stop member associated with the frame or abrasive cartridge in order to limit rotation of the frame or abrasive cartridge about the rod.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALBERTO SAENZ whose telephone number is (313)446-6610. The examiner can normally be reached Monday-Friday 7:30-4:30PM EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Keller can be reached at (571) 272-8548. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/A.S./Examiner, Art Unit 3723
/BRIAN D KELLER/Supervisory Patent Examiner, Art Unit 3723
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