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 .
Claim Objections
Claims 19 and 20 are objected to because of the following informalities:
Claims 19 and 20: “th” in the preamble should be amended to read “The”
Appropriate correction is required.
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 1-4, 6, 7, and 9-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bozikis (US 20180304484).
Regarding claim 1, Bozikis discloses a razor cartridge, comprising: a blade housing configured to accommodate at least one razor blade comprising a cutting edge in a longitudinal direction (housing 101 accommodates a plurality of blades 116 for cutting hair along longitudinal axis X-X; see paragraph [0026] and fig. 1), the blade housing comprising a top surface toward which the cutting edge faces and a bottom surface opposing the top surface (housing 101 includes top side 102 that contacts the skin; see paragraph [0025] and fig. 1); a clip comprising: a clip body disposed on the top surface and configured to retain the at least one razor blade in the blade housing (retainers 150 include body 152 at least partially disposed on top side 102 and are configured to retain components within housing 101; see paragraph [0029] and fig. 3), a first elongated portion extending from the clip body toward the bottom surface (ear 154 on the left as seen in fig. 3 extends from body 152 towards bottom side 104; see paragraph [0031] and fig. 3), and a second elongated portion extending from one end of the first elongated portion in a direction away from the center of the clip body (ear 154 on the right as seen in fig. 3 extends away from left ear 154 and away from body 152; see paragraph [0031] and fig. 3); and a cover housing configured to be combined with the blade housing in a direction from the top surface to the bottom surface (side walls 110, 112 are combined with housing 101; see fig. 1), wherein the second elongated portion is disposed between the blade housing and the cover housing such that an upper portion of the second elongated portion is supported by the cover housing and a lower portion of the second elongated portion is supported by the blade housing (positioning surfaces 1540 of ears 154 are supported by side walls 110, 112 while a lower portion of ears 154 are supported by housing 101; see paragraph [0032] and figs. 5, 7), wherein the blade housing comprises a first support portion comprising a first support surface configured to support the lower portion of the second elongated portion (bottom side 104 of housing 101 may include a cover to support the bottom of ears 154; see paragraph [0034] and fig. 5) and the cover housing comprises a second support portion comprising a second support surface configured to support the upper portion of the second elongated portion (stops 162 are configured to support positioning surfaces 1540 of ears 154; see paragraph [0032] and fig. 5), and wherein the blade housing and the cover housing are in direct contact with the second elongated portion (housing 101 and side walls 110, 112 directly contact ears 154; see figs. 5-7).
Regarding claim 2, Bozikis discloses the limitations of claim 1 as described in the rejection above.
Bozikis further discloses wherein a position of the clip is fixed by combining the blade housing and the cover housing (when housing 101 and side walls 110, 112 are combined, retainers 150 are fixed in place; see paragraph [0029] and figs. 2A, 2B).
Regarding claim 3, Bozikis discloses the limitations of claim 1 as described in the rejection above.
Bozikis further discloses wherein the first elongated portion and the second elongated portion are formed by combining the blade housing and the cover housing (ears 154 are formed into their final shape after assembly into the cartridge; see paragraphs [0033-0034] and figs. 6-7).
Regarding claim 4, Bozikis discloses the limitations of claim 1 as described in the rejection above.
Bozikis further discloses wherein at least a portion of the clip body is exposed to the outside on the top surface (a top surface of body 152 is exposed to the outside of the cartridge; see figs. 2A-2C).
Regarding claim 6, Bozikis discloses the limitations of claim 1 as described in the rejection above.
Bozikis further discloses wherein an extension direction of the first elongated portion and an extension direction of the second elongated portion are different from each other (left ear 154 and right ear 154 extend in opposite directions from one another; see fig. 3).
Regarding claim 7, Bozikis discloses the limitations of claim 1 as described in the rejection above.
Bozikis further discloses wherein the cover housing comprises a central opening portion configured to enable the blade housing to pass through a central region of the cover housing (an opening is positioned between side walls 110 and 112; see fig. 1).
Regarding claim 9, Bozikis discloses the limitations of claim 1 as described in the rejection above.
Bozikis further discloses wherein the blade housing comprises a first stop surface formed at front and/or rear of the blade housing, so that at least a portion of the first stop surface is configured to support one surface of the first elongated portion (positioning surfaces 1540 of ears 154 are supported by side walls 110, 112 while a lower portion of ears 154 are supported by housing 101; see paragraph [0032] and figs. 5, 7).
Regarding claim 10, Bozikis discloses the limitations of claim 1 as described in the rejection above.
Bozikis further discloses wherein the cover housing comprises a second stop surface, opposite to at least a portion of the blade housing, at least a portion thereof configured to support a second surface of the first elongated portion (positioning surfaces 1540 of ears 154 are supported by side walls 110, 112 while a lower portion of ears 154 are supported by housing 101; see paragraph [0032] and figs. 5, 7).
Regarding claim 11, Bozikis discloses the limitations of claim 1 as described in the rejection above.
Bozikis further discloses wherein the clip further comprises a third elongated portion extending from one end of the second elongated portion toward the bottom surface (retainer 150 may include more or less ears 154 and regardless of position, would at extend at least partially toward bottom side 104; see paragraph [0031]).
Regarding claim 12, Bozikis discloses the limitations of claim 1 as described in the rejection above.
Bozikis further discloses the clip further comprises a third elongated portion extending from one end of the second elongated portion toward the bottom surface (retainer 150 may include more or less ears 154 and regardless of position, would at extend at least partially toward bottom side 104; see paragraph [0031]), the blade housing comprises a third stop surface at least a portion thereof configured to support one surface of the third elongated portion, at an end of the first support portion in a lateral direction perpendicular to the longitudinal direction, and the cover housing comprises a fourth stop surface, extending from the second support portion toward the bottom surface (a third and fourth stop 162 may be included since the number and shape of stops 162 correspond to the number and shape of ears 154; see paragraph [0032]), at least a portion thereof configured to support a second surface opposite to one surface of the third elongated portion (positioning surfaces 1540 of ears 154 are supported by side walls 110, 112; see paragraph [0032] and figs. 5, 7).
Regarding claim 13, Bozikis discloses the limitations of claim 11 as described in the rejection above.
Bozikis further discloses wherein an extension direction of the third elongated portion and an extension direction of the second elongated portion are different from each other (if the third ear 154 is positioned on the same side of body 152 as the left ear 154, then third ear 154 would extend in a different direction than right ear 154; see paragraph [0031] and fig. 3).
Regarding claim 14, Bozikis discloses the limitations of claim 1 as described in the rejection above.
Bozikis further discloses wherein the cover housing comprises a pair of side openings formed on both longitudinal side areas of the cover housing to allow rinsing water to pass through the blade housing in a region adjacent to both longitudinal side surfaces of the at least one razor blade (holes 160 may be formed in various areas of side walls 110, 112 and are capable of allowing water to pass through; see paragraph [0032] and fig. 6).
Regarding claim 15, Bozikis discloses the limitations of claim 14 as described in the rejection above.
Bozikis further discloses wherein the cover housing comprises a pair of side walls disposed below each of the pair of side openings and configured to support at least a portion of one longitudinal side surface of the at least one razor blade when the blade housing is viewed from one longitudinal side (side walls 110, 112 have side portions that are capable of providing support to blades 116; see paragraphs [0028-0029] and figs. 6-7).
Regarding claim 16, Bozikis discloses the limitations of claim 1 as described in the rejection above.
Bozikis further discloses a first lubrication band disposed on one surface adjacent to a top surface of the cover housing (lubricating strip 115 is disposed on top side 102 of cap 114 adjacent to side walls 110, 112; see figs. 2A and 2B), wherein one end in the longitudinal direction of the first lubrication band is disposed closer to one end in the longitudinal direction of the cover housing than one end in the longitudinal direction of the clip (one end of lubricating strip 115 may be disposed closer to side walls 110, 112 than to retainer 150; see figs. 2A and 2B).
Regarding claim 17, Bozikis discloses the limitations of claim 1 as described in the rejection above.
Bozikis further discloses wherein, in at least one region of the razor cartridge, the first support portion, the second elongated portion, and the second support portion are disposed sequentially along a height direction from the bottom surface toward the top surface to prevent the clip from moving in the height direction (bottom side 104, when including a cover, is sequential in a height direction with ears 154 and stops 162 to prevent movement of retainer 150; see paragraph [0034] and fig. 5).
Regarding claim 18, Bozikis discloses the limitations of claim 1 as described in the rejection above.
Bozikis further discloses wherein the first elongated portion and the second elongated portion are not exposed to the outside (ears 154 are not exposed to an outside of the cartridge; see fig. 7).
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 19 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Bozikis (US 20180304484).
Regarding claim 19, Bozikis discloses the limitations of claim 15 as described in the rejection above.
Bozikis does not explicitly disclose wherein, based on a lateral direction, a height of both ends of each side wall is greater than a height of a center of the side wall.
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify Bozikis to have a height of both ends of each side wall greater than a height of the center of each side wall since it has been held that matters relating to ornamentation only which have no mechanical function cannot be relied upon to patentably distinguish the claimed invention from the prior art (see In re Seid, 161 F.2d 229, 73 USPQ 431). In the instant case, it does not appear that modifying Bozikis to have the recited configuration would impede the device of Bozikis from performing its intended function – that is, side walls 110, 112 would still be capable of helping retain cartridge elements. Therefore, such a modification would be obvious since it appears that the specific shape of Bozikis is mere design choice.
Regarding claim 20, Bozikis discloses the limitations of claim 1 as described in the rejection above.
Bozikis further discloses wherein the blade housing comprises a first stop surface configured to support a first surface of the first elongated portion and the cover housing comprises a second stop surface, opposite to at least a portion of the blade housing (positioning surfaces 1540 are opposite to bottom side 104 of housing 101; see fig. 5), configured to support a second surface of the first elongated portion opposite the first surface (positioning surfaces 1540 of ears 154 are supported by side walls 110, 112 while a lower portion of ears 154 are supported by housing 101; see paragraph [0032] and figs. 5, 7), wherein one end of the first elongated portion and one end of the second elongated portion are disposed between the top surface and the bottom surface such that an end of the clip is not exposed to an outside of the razor cartridge (ears 154 are not exposed to an outside of the cartridge; see fig. 7).
Bozikis does not explicitly disclose wherein the cover housing is detachably combined with the blade housing to permit separation of the clip from the blade housing for discharge.
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify Bozikis to make the cover housing (side walls 110, 112) detachable from the blade housing (housing 101) since it has been held that constructing a formerly integral structure in various elements involves only routine skill in the art (see Nerwin v. Erlicnrnan, 168 USPQ 177, 179). In the instant case, doing so could facilitate replacement of various components of the cartridge.
Response to Arguments
Applicant’s arguments with respect to claims 1-4, 6-7, and 9-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: US 20100139103 to Miyazaki, drawn to a replacement blade razor.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 HALEIGH N WATSON whose telephone number is (571)272-3818. The examiner can normally be reached M-Th 530AM-330PM EST.
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/HALEIGH N WATSON/Examiner, Art Unit 3724 /BOYER D ASHLEY/Supervisory Patent Examiner, Art Unit 3724
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