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 .
Election/Restrictions
Claims 1-18 and 20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 10-22-25.
With regards to claim 1, claim 1 discloses a “hollow section contains a volume of liquid” which belongs with the non-elected Figure 3 embodiment. While paragraph [0017] does say the handle for the elected embodiment may be hollow, there is no mention of this elected embodiment handle having a liquid. It is also noted that Figure 1 does not incorporate a hollow handle and Figure 1 with a hollow handle would be a different species in relation to Figure 1 as shown and elected. Paragraph [0017] discloses handle of lightweight wood while paragraph [0036] lists handle materials associated with Figure 3’s “resistance to corrosion or liquid leakage” none of which being lightweight wood. With regards to claim 20, paragraph [0017] discloses a “mixed material design” with wood and stainless steel. There does not appear to be any disclosure linking the “differing types of metallic materials” limitation with the elected embodiment.
Specification
The disclosure is objected to because of the following informalities:
Figure 1 appears to incorporate claim 19’s limitation of a “uniform circumference” but the specification does not appear to provide any support for this limitation being associated with elected Figure 1. If this limitation only corresponds with non-elected Figure 4, the specification should not be amended to include this support (since it would be new matter) and the limitation will need to be deleted from claim 19 as it will put it in a withdrawn state as it incorporates non-elected subject matter.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 19 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
With regards to claim 19 line 1, the phrase “a balanced utensil” is unclear. The functional section is disclosed as being heavier than the handle. It is unclear what allows for the handle to be considered balanced when one side is heavier than the other.
Claim 19 recites the limitations "the distal end", “the configuration”, and “the ability”. There is insufficient antecedent basis for these limitations in the claim.
With regards to claim 19, the phrase “the configuration of the apparatus results in the ability to place the functional section on an object with the handle extending off the object without falling” is indefinite. The apparatus is dependent upon the indefinite “object”. The “object” is indefinite because it is not positively claimed and is an indefinite intended use of the apparatus. Without any definition, this “object” could be anything which includes objects where this ability could not take place and the apparatus would fall off. Each and every “object” will not have structure that prevents the apparatus from falling off in the claimed situation. Further definition is needed.
Claim Rejections - 35 USC § 102/103
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.
Claim 19 is rejected, as, best understood, under 35 U.S.C. 102(a)(1) as anticipated by KR 200496717 or, in the alternative, under 35 U.S.C. 103 as obvious over KR 200496717 in view of KR 20080005679. It is noted that a copy of both of these references have been included along with a machine translation. The machine translations of both references are referenced below.
With regards to claim 19, KR 200496717 discloses the same invention including a balanced utensil apparatus (100 in Fig. 3) having a functional section (110 in Fig. 3) and a handle (150 in Fig. 3), the functional section is configured to be heavier than the handle (In the machine translation, the very last paragraph of “BACKGROUND-ART” section discloses “the portion gripped by the user’s hand can be made of wood material and the portion in contact with food can be made of metal material”. Paragraph [0017] of the instant application supports that wood is lighter than metal), the handle is configured with a uniform circumference from a connected portion of the functional section to the distal end of the handle (150 in Fig. 3), and the configuration of the apparatus capable of placing the functional section on an object with the handle extending off the object without falling (the apparatus is capable of working with an object as claimed).
To the degree it can be argued that KR 200496717 fails to disclose the functional section is configured to be heavier than the handle.
KR 20080005679 teaches it is known in the art of utensils with a metal functional section and a wood handle to have different gravities (it is noted that the term gravity is being interpreted as weight). The “TECH-SOLUTION” section of the machine translation for KR 20080005679 discloses “At this time, it is preferable to use any one of metal materials that sink in water with a specific gravity of 1 or more, such as stainless steel…and relatively small specific gravity materials include wood.” and “Therefore, the cutlery of the present invention, which is configured as described above, is immersed in water as shown in FIG 2, where a relatively high specific gravity portion is positioned below the water surface, and a relatively small specific gravity is positioned above the water surface”. While Figure 2 is referenced, it is believed that Figure 3 is the correct Figure that shows the heavier metal functional section below the water surface and the lighter wood handle above the water surface. Therefore, it would have been obvious to one of ordinary skill in the art, at the time of filing, to have provided KR 200496717 with weight distribution, as taught by KR 20080005679, because the substitution of one known element for another would have yielded predictable results and all claimed elements were known in the prior art and one skilled in the art could have combined the elements as claimed by known methods with no change in their respective function and the combination would have yielded predictable results.
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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21 January 2026
/Jason Daniel Prone/
Primary Examiner, Art Unit 3724