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
Applicant’s election without traverse of Group I, claims 18, 20-34 in the reply filed on 12/29/2025 is acknowledged.
Claim 19 is withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 12/29/2025
Specification
Applicant is reminded of the proper content of an abstract of the disclosure.
A patent abstract is a concise statement of the technical disclosure of the patent and should include that which is new in the art to which the invention pertains. The abstract should not refer to purported merits or speculative applications of the invention and should not compare the invention with the prior art.
If the patent is of a basic nature, the entire technical disclosure may be new in the art, and the abstract should be directed to the entire disclosure. If the patent is in the nature of an improvement in an old apparatus, process, product, or composition, the abstract should include the technical disclosure of the improvement. The abstract should also mention by way of example any preferred modifications or alternatives.
Where applicable, the abstract should include the following: (1) if a machine or apparatus, its organization and operation; (2) if an article, its method of making; (3) if a chemical compound, its identity and use; (4) if a mixture, its ingredients; (5) if a process, the steps.
Extensive mechanical and design details of an apparatus should not be included in the abstract. The abstract should be in narrative form and generally limited to a single paragraph within the range of 50 to 150 words in length.
See MPEP § 608.01(b) for guidelines for the preparation of patent abstracts.
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided.
The abstract of the disclosure is objected to because “the invention relates to” should be removed, additionally it is not narrative and is a run on sentence. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
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.
Claims 20-34 are 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.
Claims 20-28 recite, “Hair cutting device or charger according to claim”. There is Claims 20-28 recites the limitation " Hair cutting device or charger according to claim " in the preamble. There is insufficient antecedent basis for the limitation “charger” in the claim.
Claim 20 recites the limitation "or the charger" in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claim 28 recites, wherein the holding area is formed without edges. An edge can be defined as a line where an object or area begins or ends or a point near the beginning or the end. As the holding area protrudes from the flat face of the clamping element, there is rounded line demarcating its boundary where the holding area begins that could be considered an edge.
Claim 29 recites the limitation "the sleeve" in line 8 and 13. There is insufficient antecedent basis for this limitation in the claim. Claim 29 recites, “a housing (310)” in line 3 and “the sleeve (310)” in line 8, is the “the sleeve” supposed to be – the housing--?
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 18, 20-22, 24, 26-31, 33, and 34 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Andis et al. (U.S. Patent 6,112,414), herein referred to as Andis.
In regards to claim 18, Andis discloses a hair cutting device (hair clipper 13) comprising a housing (housing assembly 21);a blade assembly (blade set 91) for cutting hair; a motor (electrical motor 111) for driving the blade assembly (91), which is arranged in the housing (21); a receiving space (battery socket 35) for at least partially receiving a battery (rechargeable battery 19), the receiving space (35) being arranged in the housing (21) and having, in the longitudinal direction (along the length of the housing 21), at least one bottom (base wall 37) and circumferentially one wall (interior wall 41) or a plurality of walls (41) which delimit the receiving space (35);
and a plug-in connection (electrical terminals 131 for engaging with electrical terminals 171) for plugging in the battery (19), the plug-in connection (131) being electrically connected to the motor (111),
wherein the receiving space (35) has circumferentially at least one elastic or elastically mounted clamping element (operating portion 69/ spring portion 64; fig. 11), with which a radially inwardly directed pressure can be exerted via a holding area (annular flange 165/ locking groove 167) on the battery (19) received in the receiving space (35), or the receiving space (35) has circumferentially at least one recess for receiving an elastic or elastically mounted clamping element arranged on the battery received in the receiving space.
In regards to claim 20, Andis discloses wherein the clamping element (69/74) is designed as a circumferential bulge (Fig. 11) or the hair cutting device (100) or the charger (200) has a plurality of circumferentially arranged clamping elements (145, 245).
In regards to claim 21 and 31, Andis discloses wherein an angle (a) between the outer surface (at camming surface 166; fig. 7) of the holding area (165/ 167) and an insertion direction of the battery (19) is less than 75 and greater than 10 degrees (annotated below as angle a, ~45 degs.)
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In regards to claim 22, Andis discloses wherein the clamping element (69/64) is formed from an elastically deformable plastic (col. 6, lines 45-55).
In regards to claim 24, Andis discloses in which the clamping element (69/64) is arranged to a base plate (ring portion 63) which is arranged at the bottom of the receiving space (against 39; fig. 4).
In regards to claim 26, Andis discloses wherein the base plate (155, 255) has a recess (157, 257) through which the battery (300) can be connected to the plug-in connection (260).
In regards to claim 27, Andis discloses wherein the clamping element (69/64) is formed from a metal or plastic (col. 6, lines 45-55).
In regards to claim 28, Andis discloses wherein the holding area (e.g. 167) is formed without edges (the holding area can be considered just the peripheral surface of 167).
In regards to claim 29, Andis as best understood, discloses a battery (19) comprising at least one battery component (211, 213) a housing (sealed housing 161) in which the at least one battery component (211, 213) is housed, and a connection element (terminals 171) which can be connected to the plug-in connection (terminals 131) of the hair cutting device (100), wherein at least one elastic or elastically mounted clamping element (64/69) is arranged circumferentially on the outside of the sleeve (e.g. housing 161), which exerts a radially outwardly directed pressure on the receiving space via a retaining area , or at least one recess (167) for receiving an elastic or elastically mounted clamping element (64/69) arranged in the receiving space (35) of the hair cutting device (100) is arranged circumferentially on the outside of the sleeve (201).
In regards to claim 33, Andis discloses wherein at least one recess (167) for receiving an elastic or elastically mounted clamping element arranged in the receiving space of the hair cutting device is arranged circumferentially on the outside of the sleeve (161), wherein the recess (167) is formed as an at least substantially circumferential groove (see Fig. 3).
In regards to claim 34, Andis discloses a grip area (181).
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, 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 30 and 32 are rejected under 35 U.S.C. 103 as being unpatentable over Andis et al. (U.S. Patent 6,112,414), herein referred to as Andis in view of Heinzen et al. (U.S. Patent 8,591,242), herein referred to as Heinzen.
In regards to claim 23, Andis discloses wherein the at least one clamping element (69/64) is formed as a flat leaf spring element which and is biased in the radial direction (see Fig. 11), but does not disclose that the clamping element protrudes in the longitudinal direction into the receiving space (35). Attention is further directed to the Heinzen power tool with a battery module. The battery module is also received within a housing of the tool, installed along the longitudinal axis of the battery housing. Heinzen discloses that there is a spring biased latch 58 that engages an opening in the housing and secures the battery. Heinzen also discloses the use of a plate 36 with module terminals that have contact portions 47 that projects transversely to the mounting portion and a slightly, outwardly curved tip 48 which is spring-biased for exerting pressure on the respective battery terminal 31. Thereby the terminals provide both electrical contact and securement of the battery. It would have been obvious to one having ordinary skill in the art to have modified the Andis battery housing to have spring biased terminals such as demonstrated by Heinzen that performed the double task of securing the battery and also provided the electrical connection.
In regards to claim 25, the modified device of Andis discloses comprising at least two clamping elements (47/47 Heinzen), of which at least two are at least partially directed towards each other.
Claims 29-32, 34 are rejected under 35 U.S.C. 102(a(1)) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Bruns (U.S. Patent 5,368,954) in view of Andis et al. (U.S. Patent 6,112,414), herein referred to as Andis.
In regards to claim 29, Bruns as best understood, discloses a battery (fig. 3) capable of being utilized with a hair cutting device (e.g. 2) according to claim 18, comprising at least one battery component (17) a housing (16) in which the at least one battery component (17) is housed, and a connection element (18) which can be connected to the plug-in connection (e.g. Fig. 1) of the hair cutting device (2), wherein at least one elastic or elastically mounted clamping element (19) is arranged circumferentially on the outside of the sleeve (18), which exerts a radially outwardly directed pressure on the receiving space via a retaining area (e.g. 11), or at least one recess for receiving an elastic or elastically mounted clamping element arranged in the receiving space of the hair cutting device is arranged circumferentially on the outside of the sleeve.
To the extent that it can be argued that the battery of Bruns is not necessarily adapted to be used on a hair cutting device having a motor and a blade assembly. Attention is further directed to the Andis hair cutting device which utilizes a battery assembly as similarly shown by Bruns. As Bruns discloses that the invention is to electric hand power tools and as shown by Andis to be known in the art to install batteries through the bottom end of the razor handle, it would have been similarly obvious to one of ordinary skill in the art to have modified the generic tool of Bruns to be a hair clipper assembly with a motor.to employ the battery benefits of Bruns to a wide variety of hand-held tools.
In regards to claim 30, the modified device of Bruns discloses wherein at least one elastic or elastically mounted clamping element (19) is arranged circumferentially on the outside of the sleeve (18), exerting a radially outwardly directed pressure on the receiving space (e.g. 3) via a retaining area (11), wherein the clamping element (19) is designed as a circumferential bulge or the battery has a plurality of circumferentially arranged clamping elements (19/19/19; fig. 4).
In regards to claim 31, the modified device of Bruns discloses wherein an angle (20) between the outer surface of the holding area (19) and an insertion direction (along the longitundinal axis) of the battery (19) is less than 75 and greater than 10 degrees.
In regards to claim 32, the modified device of Bruns discloses wherein at least one elastic or elastically mounted clamping element (19) is arranged circumferentially on the outside of the sleeve (18), exerting a radially outwardly directed pressure on the receiving space (3) via a retaining area (11), wherein the clamping element (19) is formed from an elastically deformable plastic (elastic dents; col. 3, liners 5-11).
In regards to claim 34, the modified device of Bruns discloses a grip area (181).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LAURA M LEE whose telephone number is (571)272-8339. The examiner can normally be reached M-F 8a.m.- 5p.m..
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Adam Eiseman can be reached at 571-270-3818. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LAURA M LEE/Primary Examiner, Art Unit 3724