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 .
DETAILED ACTION
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)(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 and 11-12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by USPGPUB 20200375247, Marshall (embodiment shown in figs 5-7).
Regarding Claim 1, Marshall discloses:
a cigar cutter (abstract) comprising:
a housing 302;
a first blade handle (combination of parts 304, 310, and at least one of the lances attached thereto);
a second blade handle (combination of parts 306, 320, and at least one of the lances attached thereto);
a top lifter (see annotated fig 6 below, [the follower as annotated therein, together with the blade portion of the corresponding lancet 348, shown in fig 7, making up the top lifter; similar to the integral top lifter, blade, and follower in the present invention]);
a bottom lifter (see annotated fig 6 below, the follower as annotated therein, together with the blade portion of the corresponding lancet 348, shown in fig 7 making up the top lifter);
the housing comprising a base (portion of housing 302, which surrounds the aperture 330, and including perimeter of the housing), a first side (top side in fig 5), a second side (bottom side in fig. 5), a top lifter guide (annotated fig 6 below), a bottom lifter guide (annotated fig 6 below), and a cigar aperture 330);
the base extending laterally from the first side to the second side (see fig, 5);
the first blade handle comprising a first blade (blade part of lance 348 which corresponds to the first blade as annotated in fig 6 below, cutting edge shown in fig 7), a first handle (304), an upper drive member (310), and a lower drive member (364);
the second blade handle comprising a second blade (blade part of lance 348 which corresponds to the second blade as annotated in fig 6 below, cutting edge shown in fig 7) and a second handle (306);
the top lifter comprising a third blade (cutting portion of lancet 348 corresponding to the upper lifter, as annotated below, cutting portion shown in fig 7) and an upper follower (annotated fig. 6, below);
the bottom lifter comprising a fourth blade (cutting portion of lancet 348 corresponding to the upper lifter, as annotated below, cutting portion shown in fig 7) and a lower follower (annotated fig. 6, below);
the first blade handle being movably mounted partially within the housing such that the first handle extends out of the first side (fig. 4);
the second blade handle being movably mounted partially within the housing such that the second handle extends out of the second side (fig 5);
the top lifter being slidably engaged with the top lifter guide (fig 6, par 0059);
the bottom lifter being slidably engaged with the bottom lifter guide (fig 6, par 0059);
the first blade handle being operably connected to the top lifter and the bottom lifter (fig 6, par 0059);
and squeezing the first handle and the second handle together causing all four blades to slide inward into the cigar aperture (par 0060-0064).
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Regarding Claim 2, in Marshall, the Marshall assembly also comprises:
the first blade extending outward and opposite of the first handle (see fig 6 annotated above);
the second blade extending outward and opposite of the second handle (see fig 6 annotated above);
the third blade extending outward and opposite of the upper follower (see fig 6 annotated above, and fig 7, since the third blade is connected directly to the upper follower);
the fourth blade extending outward and opposite of the lower follower (see fig 6 annotated above, and fig 7, since the fourth blade is connected directly to the lower follower);
the first blade positioned between the upper drive member and the lower drive member (at least in the position shown in fig 6);
the upper drive member being operably coupled to the upper follower; and the lower drive member being operably coupled to the lower follower (see par 0060-0066; since the parts are connected, operably).
Regarding Claim 4, in Marshall, the Marshall assembly also comprises:
a plurality of springs (360 and 350, which are defined in par 0012-0013 as loosening and tightening when compressed);
the plurality of springs comprising a top spring 360 and a bottom spring 350;
the housing being adapted to receive a first end of the top spring (fig 6 and fig 3);
the top lifter (annotated fig 6 above) being adapted to receive a second end of the top spring (annotated fig 6 above);
the housing being adapted to receive a first end of the bottom spring (fig 6 and fig 3); and the bottom lifter being adapted to receive a second end of the bottom spring (annotated fig 6 above).
Regarding Claim 5, in Marshall, the Marshall assembly also comprises:
the top lifter further comprising a top mounting post (portion of top lifter which directly contacts ribbon 350);
the bottom lifter further comprising a bottom mounting post (portion of bottom/lifter which directly contacts ribbon 360);
the second end of the top spring being attached to the top mounting post; and the second end of the bottom spring being attached to the bottom mounting post (fig 6).
Regarding Claim 9, Marshall discloses
a cigar cutter (abstract) comprising:
a housing 302;
a first blade handle (combination of parts 304, 310, and at least one of the lances attached thereto);
a second blade handle (combination of parts 306, 320, and at least one of the lances attached thereto);
a top lifter (see annotated fig 6 below, [the follower as annotated therein, together with the blade portion of the corresponding lancet 348, shown in fig 7, making up the top lifter; similar to the integral top lifter, blade, and follower in the present invention]);
a bottom lifter (see annotated fig 6 below, together with the blade portion of the corresponding lancet 348, shown in fig 7 making up the top lifter);
the housing comprising a base (portion of housing 302, which surrounds the aperture 330, and including perimeter of the housing), a first side (top side in fig 5), a second side (bottom side in fig. 5), a top lifter guide (annotated fig 6 below), a bottom lifter guide (annotated fig 6 below), and
a cigar aperture 330);
the base extending laterally from the first side to the second side (see fig, 5);
the first blade handle comprising a first blade (blade part of lance 348 which corresponds to the first blade as annotated in fig 6 below, cutting edge shown in fig 7), a first handle (304), an upper drive member (310), and a lower drive member (364);
the first blade extending outward and opposite of the first handle (fig. 5);
the first blade positioned between the upper drive member and the lower drive member (fig 7);
the second blade handle comprising a second blade (blade part of lance 348 which corresponds to the second blade as annotated in fig 6 below, cutting edge shown in fig 7) and a second handle (306);
the second blade extending outward and opposite of the second handle (fig. 7);
the top lifter comprising a third blade (cutting portion of lancet 348 corresponding to the upper lifter, as annotated below, cutting portion shown in fig 7) and an upper follower (annotated fig. 6, below);
the third blade extending outward and opposite of the upper follower (see fig. 7);
the bottom lifter comprising a fourth blade (cutting portion of lancet 348 corresponding to the upper lifter, as annotated below, cutting portion shown in fig 7) and a lower follower (annotated fig. 6, below);
the fourth blade extending outward and opposite of the lower follower (fig. 7);
the first blade handle being movably mounted partially within the housing such that the first handle extends out of the first side (fig. 4);
the second blade handle being movably mounted partially within the housing such that the second handle extends out of the second side (fig 5);
the top lifter being slidably engaged with the top lifter guide (fig 6, par 0059);
the bottom lifter being slidably engaged with the bottom lifter guide (fig 6, par 0059);
the first blade handle being operably connected to the top lifter and the bottom lifter (fig 6, par 0059);
the upper drive member being operably coupled to the upper follower (since the parts are connected together to drive the blades);
the lower drive member being operably coupled to the lower follower (since the parts are connected together to drive the blades);
and squeezing the first handle and the second handle together causing all four blades to slide inward into the cigar aperture (par 0060-0064).
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Regarding claim 11, in Marshall, the cigar cutter comprises:
a plurality of springs (360 and 350, which are defined in par 0012-0013 as loosening and tightening when compressed);
the plurality of springs comprising a top spring 360 and a bottom spring 350;
the housing being adapted to receive a first end of the top spring (fig 6 and fig 3);
the top lifter (annotated fig 6 above) being adapted to receive a second end of the top spring (annotated fig 6 above);
the housing being adapted to receive a first end of the bottom spring (fig 6 and fig 3); and the bottom lifter being adapted to receive a second end of the bottom spring (annotated fig 6 above).
Regarding Claim 12, in Marshall, the Marshall assembly also comprises:
the top lifter further comprising a top mounting post (portion of top lifter which directly contacts ribbon 350);
the bottom lifter further comprising a bottom mounting post (portion of bottom/lifter which directly contacts ribbon 360);
the second end of the top spring being attached to the top mounting post; and the second end of the bottom spring being attached to the bottom mounting post (fig 6).
Claims 1, 4-5, 9 and 11-12 are rejected under 35 U.S.C. 102(a)(1), in the alternative as being anticipated by USPGPUB 20200375247, Marshall (embodiment shown in fig’s 1-2) (in order to properly address Claims 6 and 13 in the 103 section as discussed further, below).
Regarding Claim 1, Marshall discloses:
a cigar cutter (abstract) comprising:
a housing (fig. 1, 102);
a first blade handle (combination of parts 104, 110, and the lances 112 attached thereto);
a second blade handle (combination of parts 106, 120, and at least one of the lances 122 attached thereto);
a top lifter (110);
a bottom lifter (210)
the housing (102) comprising a base (portion of 102 which surrounds the aperture 130), a first side (top side in fig 1), a second side (bottom side in fig. 1), a top lifter guide (top slot in housing 102 which accepts part 110), a bottom lifter guide (annotated fig 3 below), and a cigar aperture 130);
the base extending laterally from the first side to the second side (see fig, 1);
the first blade handle comprising a first blade (right most blade 112), a first handle (104), an upper drive member (portion of part 110 attached to part 104), and a lower drive member (part of portion 110 attached to part 114);
the second blade handle comprising a second blade (e.g. - right-most blade 122) and a second handle (106);
the top lifter comprising a third blade (left-most blade 112) and an upper follower (portion of part 110 to which the third blade is attached);
the bottom lifter comprising a fourth blade (left-most blade 122) and a lower follower (portion of part 120 to which the fourth blade is attached);
the first blade handle being movably mounted partially within the housing such that the first handle extends out of the first side (fig. 1);
the second blade handle being movably mounted partially within the housing such that the second handle extends out of the second side (fig 1);
the top lifter being slidably engaged with the top lifter guide (fig’s. 1-2, par 0059);
the bottom lifter being slidably engaged with the bottom lifter guide (fig 6, par 0059);
the first blade handle being operably connected to the top lifter and the bottom lifter (fig 6, par 0048-0049);
and squeezing the first handle and the second handle together causing all four blades to slide inward into the cigar aperture (par 0048-0049).
Regarding Claim 4, in Marshall, the Marshall assembly also comprises:
a plurality of springs (114 and 124);
the plurality of springs comprising a top spring 114 and a bottom spring, 124;
the housing being adapted to receive a first end of the top spring (at part 116);
the top lifter 110 being adapted to receive a second end of the top spring (where the spring is inserted into part 110, fig. 1);
the housing being adapted to receive a first end of the bottom spring (at part 126); and the bottom lifter being adapted to receive a second end of the bottom spring (where the spring is inserted into part 110, fig. 1).
Regarding Claim 5, in Marshall, the Marshall assembly also comprises:
the top lifter further comprising a top mounting post (annotated fig 1 below);
the bottom lifter further comprising a bottom mounting post (annotated fig 1 below);
the second end of the top spring being attached to the top mounting post; and the second end of the bottom spring being attached to the bottom mounting post (annotated fig 1 below).
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Regarding Claim 9, Marshall discloses
a cigar cutter (abstract) comprising:
a housing 102;
a first blade handle (combination of parts 204, 210, and at least one of the lances attached thereto);
a second blade handle (combination of parts 206, 220, and at least one of the lances attached thereto);
a top lifter (110);
a bottom lifter (120);
the housing comprising a base (portion of housing 102, which surrounds the aperture 130, and including perimeter of the housing), a first side (top side in fig 1), a second side (bottom side in fig. 1),
a top lifter guide (slot on housing 102 which accepts part 110), a bottom lifter guide slot on housing 102 which accepts part 120) - and
a cigar aperture 130);
the base extending laterally from the first side to the second side (see fig, 1);
the first blade handle comprising a first blade (e.g. right most blade 112), a first handle (104), an upper drive member (portion of part 110 that is attached to part 114), and a lower drive member (116);
the first blade extending outward and opposite of the first handle (fig. 1);
the first blade positioned between the upper drive member and the lower drive member (fig 1);
the second blade handle comprising a second blade (right most blade 122) and a second handle (106);
the second blade extending outward and opposite of the second handle (fig. 1);
the top lifter comprising a third blade (left most blade 112) and an upper follower (the portion of the part 110 attached to third blade);
the third blade extending outward and opposite of the upper follower (see fig. 1);
the bottom lifter comprising a fourth blade (e.g. left most blade 122) and a lower follower (the portion of the part 110 attached to Fourth blade);
the fourth blade extending outward and opposite of the lower follower (fig. 1);
the first blade handle being movably mounted partially within the housing such that the first handle extends out of the first side (fig. 1);
the second blade handle being movably mounted partially within the housing such that the second handle extends out of the second side (fig 1);
the top lifter being slidably engaged with the top lifter guide (fig 1, par 0049);
the bottom lifter being slidably engaged with the bottom lifter guide (fig 1, par 0049);
the first blade handle being operably connected to the top lifter and the bottom lifter (par 0049);
the upper drive member being operably coupled to the upper follower (since the parts are connected together to drive the blades);
the lower drive member being operably coupled to the lower follower (since the parts are connected together to drive the blades);
and squeezing the first handle and the second handle together causing all four blades to slide inward into the cigar aperture (par 0049).
Regarding claim 11, in Marshall, the cigar cutter comprises:
a plurality of springs (124 and 114,);
the plurality of springs comprising a top spring 114 and a bottom spring 124
the housing being adapted to receive a first end of the top spring (at 116);
the top lifter 110 being adapted to receive a second end of the top spring (at the slot shown in fig 1);
the housing being adapted to receive a first end of the bottom spring (adjacent the part 126); and the bottom lifter being adapted to receive a second end of the bottom spring, at the slot in the part 120.
Regarding Claim 12, in Marshall, the Marshall assembly also comprises:
the top lifter 110 further comprising a top mounting post (annotated fig below)
the bottom lifter 120 further comprising a bottom mounting post (per annotated fig 1);
the second end of the top spring being attached to the top mounting post; and the second end of the bottom spring being attached to the bottom mounting post (annotated fig 1, shown below).
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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 of this title, 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 6 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over the Marshall embodiment of fig’s 1-2, applied to claims 4 and 11, in view of USPGPUB 20240000139 Vezina.
Marshall lacks the cigar cutter having: the plurality of springs further comprising a first pair of springs and a second pair of springs; the housing being adapted to receive a first end of each of the first pair of springs; the first blade handle being adapted to receive a second end of each of the first pair of springs; the housing being adapted to receive a first end of each of the second pair of springs; and the second blade handle being adapted to receive a second end of each of the second pair of springs.
Vezina discloses a cigar tip piercer in the same field of endeavor as the cigar tip piercer tool of the present invention and discloses that such a system includes: a plurality of springs (fig 15, 334) comprising a first pair of springs (fig. 15, springs 334 on top of fig 15) and a second pair of springs (fig. 15, springs 334 on bottom of fig 15); a housing 302 being adapted to receive a first end of each of the first pair of springs (at 333); a first blade handle (312 and 328) being adapted to receive a second end of each of the first pair of springs (par. 0126, fig. 16); the housing being adapted to receive a first end of each of the second pair of springs (at 332); and the second blade handle (314 and 330) being adapted to receive a second end of each of the second pair of springs (see fig’s 15 and 16 and par 0126).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Marshall (embodiment of fig. 1), by modifying the Marshall embodiment shown in fig. 1 thereof to have the top spring portion comprise a pair of springs on the left and right hand sides of the housing and the bottom spring portion comprise a pair of springs on the left and right hand sides of the housing, and thus have the assembly/apparatus include: the spring assembly comprising a first pair of springs and a second pair of springs; the housing being adapted to receive a first end of each of the first pair of springs; the first blade handle being adapted to receive a second end of each of the first pair of springs; the housing being adapted to receive a first end of each of the second pair of springs; and the second blade handle being adapted to receive a second end of each of the second pair of springs, in order to provide additional resilient properties to perform the function of resiliently biasing the blades apart and away from one another in a manner shown to be possible to perform this function by Vezina.
Also, it would have been obvious as a matter of design choice to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Marshall by having the cigar piercer comprise four springs thereon rather than two springs thereon since to perform the function of spreading and resiliently holding the handles and blades in open configuration, and since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. St. Regis Paper Co. v. Bemis Co., 193 USPQ 8. Here, the addition of more springs is a mere duplication of an already known part. Finally, one of ordinary skill in the art would be motivated to have additional springs, in order to facilitate more biasing by the springs, and thus ensure that the resilient function is maintained over a longer span of time and use.
Claims 7 and 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over the Marshall embodiment of fig 6, as applied to Claims 2 and 9 above, and further in view of Senci.
Regarding Claims 7 and 14, Marshall discloses all the limitations of Claims 2 and 9 as shown and noted above.
Marshall lacks the first blade, the second blade, the third blade, and the fourth blade each having a triangular-shaped profile with a chamfered tip.
Senci discloses a cigar tip piercer in the same field of endeavor as the cigar tip piercer tool of the present invention and discloses that in such a the blades can either be conical (similar to the blades of Marshall), or as shown in fig. 20 of Senci, the blades may have a triangular-shaped profile with a chamfered tip (par 0080 and 0096).
As noted above, Marshall discloses a prior art cigar piercer having all the recited structure, but which differs from the claimed device in that said blades do not have having a triangular-shaped profile with a chamfered tip.
Senci, as discussed above, discloses a prior art cigar piercer, wherein the cigar piercer assembly thereof includes blades having a triangular-shaped profile with a chamfered tip.
The substitution of one known element (conical blades) for another (triangular-shaped profiled blades with a chamfered tip) would have been obvious to one of ordinary skill in the art at the time of the invention since the substitution of the (conical blades) shown in Marshall for the triangular-shaped profiled blades with a chamfered tip shown in Senci would have yielded predictable results: i.e. a cigar piercer which is capable of piercing cigar tips.
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Marshall by having the blades be triangular-shaped profiled with a chamfered tip since the substitution of one known element for another yielding predictable results is known has been held to be an obvious modification, see KSR International Co. v. Teleflex Inc. (KSR), 550 U.S. 398, 82 USPQ2d 1385 (2007).
Regarding Claim 15, Modified Marshall discloses all the limitations of claim 9 as shown and noted above.
Marshall lacks the cigar cutter comprising a cover; and the cover being detachably mounted to the housing.
Senci discloses a cigar tip piercer in the same field of endeavor as the cigar tip piercer tool of the present invention and discloses that such a system includes the cigar piercer having a housing (combined parts 169 and 106) and that the housing comprises a cover 168; and the cover being detachably mounted to the housing (par 0049).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Marshall, by making the housing thereof comprise a cover; and the cover being detachably mounted to the housing in order to be able to access and replace the parts within the housing, for instance, when the parts are worn due to repeated use.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over the Marshall embodiment of fig. 6 as applied to claim 1 above, and further in view of USPGPUB, 20240245111, Senci (having priority date of Jan 24, 2023, which predates the priority date of 05-18-23 of the present application).
Regarding Claim 8, Marshall discloses all the limitations of claim 2 as shown and noted above.
Marshall lacks the cigar cutter comprising a cover; and the cover being detachably mounted to the housing.
Senci discloses a cigar tip piercer in the same field of endeavor as the cigar tip piercer tool of the present invention and discloses that such a system includes the cigar piercer having a housing (combined parts 169 and 106) and that the housing comprises a cover 168; and the cover being detachably mounted to the housing (par 0049).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Marshall, by making the housing thereof comprise a cover; and the cover being detachably mounted to the housing in order to be able to access and replace the parts within the housing, for instance, when the parts are worn due to repeated use.
Allowable Subject Matter
Claims 3 and 10, are 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.
Claims 16-20 are allowed.
The following is a statement of reasons for the indication of allowable subject matter, and an examiner’s statement of reasons for allowance:
First, with regard to claims 3, 10, and 16, in Marshall the upper drive member and the lower drive member are each in the form of a cam. However, the cams are not wedges. In the present specification the term “wedge cam” is given a special definition in the specification at page 1. Here it is noted that “The term ‘wedge-cam’ can be any wedge-shaped body that slides along a fixed path and engages with the follower”.
As seen in figs 3-6 of Marshall, the parts 310 and 364 slide along a fixed path and are operably connected to the followers”, thus, these can be considered cams, as defined, in the present application. However, these parts cannot be reasonably considered to be wedge shaped. The term “wedge” is defined, for instance in Oxford Languages Dictionary as “a piece of wood, metal, or some other material having one thick end and tapering to a thin edge, that is driven between two objects or parts of an object to secure or separate them.” (emphasis added). Thus, Marshall lacks the feature of the upper drive member and the lower drive member being in the form of a wedge cam, as required by claims 3, 10, and 16.
Several cigar cutters in the art were found during the prior art search which cigar cutters have wedge shaped drive members in the form of a wedge cam. For instance, drive members 430 in the embodiment of fig. 9 of Marshall are wedge shaped. However, these members perform significantly differently than the drive members of the embodiment of fig. 7 of Marshall. Thus, there would be no reason to modify the embodiment of fig 7 of Marshall to have the drive cam members thereof be wedge shaped.
Similarly, each of USPN/USPGPUB’s 0174488, 20240245111, and 4046152, have wedge shaped drive members that can be defined as cams. However, these drive members also perform significantly differently than the drive members of the embodiment of fig. 7 of Marshall. Thus, there would be no reason to modify the embodiment of fig 7 of Marshall to have the drive cam members thereof be wedge shaped in view of these references.
Thus, Claims 3 and 10 are 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. Also, Claims 16-20 are allowed.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. USPNs/USPGPUBs 4463770 4231378 5974668 20200375247 20240381931 5974668 0838205 9848726 11856984 3903598 0744893 and 4463770 disclose state of the art cigar cutters with multiple blades thereon and each thus, each of these references disclose elements relevant to the present invention/application.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FERNANDO A AYALA whose telephone number is (571)270-5336. The examiner can normally be reached Monday-Friday 9am-5pm Eastern standard.
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, Boyer Ashley can be reached on 571-272-4502. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/FERNANDO A AYALA/Examiner, Art Unit 3724
/BOYER D ASHLEY/Supervisory Patent Examiner, Art Unit 3724