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 Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier.
Such claim limitation(s) is/are:
The “operation portion” in claims 1-3.
With regard to the term “operation portion”, in claims 1-3:
first, the term “portion” is a generic placeholder for “means”; second, the generic placeholder is modified by the functional language “operation”; third, the generic placeholder is not modified by sufficient structure for performing the claimed function – e.g., the term “operation” preceding the generic placeholder describes the function, not the structure, of the operation portion.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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.
Claim 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by USPGPUB 20200130209, Maurer.
Regarding Claim 1, Maurer discloses a razor (100) having a vertical direction including a front side and a rear side, a horizontal direction including a right side and a left side, and a thickness direction including an upper side and a lower side (see annotated fig 1 below), the razor comprising:
a holder (body 50) having a planar shape as a whole (top and bottom parts being planar) and having a curved shape (at parts 51 and 52) having a radius of curvature falling in a range 45 to 300 mm in lateral view (par 0093); and
a head (10) that includes a razor blade (16) and is retained on a side surface on a front side of the holder (fig 1 annotated below), wherein:
in the holder, a ratio of a length in a vertical direction to a length in a horizontal direction is in a range of 1:1.2 to 1:2.8, and a ratio of a length in a thickness direction to a length in the vertical direction is in a range of 1:1.0 to 1:8.0 (par 0093-0094, where is it disclosed that the radius of skewed barrel shaped portions of the body is between 35-75mm, thus, the diameter at the top and bottom parts [e.g. length in the vertical direction “L”] is 70-150 mm, and the length of the body in a thickness direction “T” is between 25-55 mm, and the radius of the flat surfaces at the top and bottom of the body [e.g. length in a horizontal direction “H”] is “slightly less” than 30-55 mm [thus the diameter of these portions is slightly less than 60-110 mm]; thus it is possible to have a vertical length “L” of 70 mm, a horizontal length “H” of 84 mm, and a thickness length “T” of 55 mm, in which case the ratios of L:H = 1.2 and T:L = 1.25),
a coupling hole for detachably coupling the head is provided on the side surface on the front side of the holder, and an operation portion (par. 0086 cooperating means) operated in order to detach the head from the coupling hole is provided on the side surface on the rear side of the holder (par. 0086 “cooperating means [not shown] on the handle stem and cartridge stem may provide a clipped, sprung-loaded connection which can be unclipped using a moving part [not shown] which is contacted by the user to attach and/or detach the handle body and cartridge”).
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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 2-3 are rejected under 35 U.S.C. 103 as being unpatentable over Maurer in view of USPGPUB 20230182334 Marut.
Regarding Claim 2 Maurer discloses a razor 100 having a vertical direction including a front side and a rear side, a horizontal direction including a right side and a left side, and a thickness direction including an upper side and a lower side (see annotated fig 1 above), the razor comprising:
a holder (body 50) having a planar shape as a whole (top and bottom parts being planar) and having a curved shape (at parts 51 and 52) having a radius of curvature falling in a range 45 to 300 mm in lateral view (par. 0093); and
a head 10 that includes a razor blade 16 and is retained on a side surface on a front side of the holder (see annotated fig 1 above), wherein:
the holder has a curved shape that is convex toward an upper side in a thickness direction when viewed from the upper side, (see annotated fig 30a below)
the side surface on the front side of the holder has a curved shape (see annotated fig 30a below) having a first radius of curvature falling in a range of 20 to 1000 mm (par 0093 “The maximum radius of curvature of the “skewed barrel shape” side surface may range between 35 and 75 mm,”), when viewed from the upper side (see annotated fig 30a below),
a side surface on a rear side of the holder has a curved shape (see annotated fig 30a (below)) having a second radius of curvature falling in a range of 10 to 500 mm (par 0093 “he radius of curvature of the skewed barrel shape at the barrel ends is between 30 and 55 mm”),
when viewed from the upper side, a side surface on a left side and a side surface on a right side of the holder each have a curved shape (see annotated fig 10 below) having a third radius of curvature falling in a range of 4 to 100 mm (par 0093 “The radius of the flat surfaces (measured along the surfaces, rather than perpendicular to the barrel surface) is slightly smaller”) (emphasis added above, for clarity),
the first radius of curvature is larger than the second radius of curvature, and the second radius of curvature is larger than the third radius of curvature (since the radii fall within ranges which may include the first radius being 55mm, the second radius being 53mm and third radius of 50mm [e.g. “slightly smaller” than the “skewed barrel shape at the barrel ends”), a coupling hole for detachably coupling the head is provided on the side surface on the front side of the holder (see annotated fig 30a below, and par 0122), and an operation portion operated in order to detach the head from the coupling hole (par. 0086 “cooperating means [not shown] on the handle stem and cartridge stem may provide a clipped, sprung-loaded connection which can be unclipped using a moving part [not shown] which is contacted by the user to attach and/or detach the handle body and cartridge”).
Maurer lacks the operation portion being provided on the side surface on the rear side of the holder (Maurer discloses that the operation portion may be on the holder/body, but does not discloses the exact location).
Marut discloses a razor in the same field of endeavor as the razor of the present invention and discloses that such a system includes a release button 54 that is placed on a rear of a body 10.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Maurer by having the operation portion being on a rear of the body in order to allow a used to conveniently push and find the button.
Regarding Claim 3, Maurer discloses a razor having a vertical direction including a front side and a rear side, a horizontal direction including a right side and a left side, and a thickness direction including an upper side and a lower side (see annotated fig 1 below), the razor comprising:
a holder having a planar shape as a whole (top and bottom parts being planar), and having a length in a horizontal direction greater than a length in a vertical direction, and having a curved shape having a radius of curvature falling in a range 45 to 300 mm in lateral view (par 0093-0095, where it is disclosed that the radius of skewed barrel shaped portions of the body is between 35-75mm, thus, the diameter at the top and bottom parts [e.g. length in the vertical direction “L”] is 70-150 mm, and that the radius of the body at the barrel ends is 30-55mm thus it is possible to have a vertical length “L” of 70 mm, and a horizontal length “H” of 84 mm] and a radius of curvature of a part of the body being 50 mm [thus falling in the claimed range of 45-300mm);
and a head (10) that includes a razor blade 16 and is retained on a side surface on a front side of the holder (see annotated fig. 1; below), wherein:
a coupling hole for detachably coupling the head is provided on the side surface on the front side of the holder (see annotated fig 30a below),
an operation portion operated in order to detach the head from the coupling hole (par. 0086 “cooperating means [not shown] on the handle stem and cartridge stem may provide a clipped, sprung-loaded connection which can be unclipped using a moving part [not shown] which is contacted by the user to attach and/or detach the handle body and cartridge”), and the holder has a recessed portion on a surface on a lower side (e.g. opening of suction feature 57 fig 29b).
Maurer lacks the operation portion being provided on the side surface on the rear side of the holder (Maurer discloses that the operation portion may be on the holder/body, but does not discloses the exact location).
Marut discloses a razor in the same field of endeavor as the razor of the present invention and discloses that such a system includes a release button 54 that is placed on a rear of a body 10.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Maurer by having the operation portion being on a rear of the body in order to allow a used to conveniently push and find the button.
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Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. USPNs/USPGPUBs D806952 D566334 20140230256 D218669 2549542 20230321853 5497551 20230415366 20160151924 20110252646 20170190065 20130061481 20190299468 20140230256 and 20140290066 disclose razors with planar and round bodies. 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.
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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
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