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 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.
Claims 6-20, 22, 23, 25, 27, and 28-40 are rejected under 35 U.S.C. 103 as being unpatentable over Yu (2017/0190042) in view of Wallays (5,933,918).
Regarding claim 6, teaches a knife substantially as claimed except for the limitations in the bolded texts comprising:
a handle 10 including a handle body having opposite forward and rearward ends; the forward end of the handle body having a first receptacle surface and a second receptacle surface opposing the first receptacle surface and bounding a front receptacle of the handle, the first and second receptacle surfaces being arranged so that the first and second receptacle surfaces get closer together as the first and second receptacle surfaces extend rearward from the forward end of the handle body, whereby the front receptacle tapers as the front receptacle extends rearward from the forward end of the handle body; and
a blade assembly including:
a blade 30;
a tang 23 connected to the blade and extending rearward from the blade, the tang configured to be insertable into the handle body of the handle for releasably mounting the blade assembly to the handle; and
a blade assembly connection structure 242 supported by the tang, the blade assembly connection structure being configured to form a taper fit with the handle body in the front receptacle, and being configured to form a mating connection with the handle body different from the taper fit when the blade assembly is releasably mounted to the handle, the tang having a rear end located rearward of the blade assembly connection structure.
See Fig. 2.
As to the term “taper fit”, the oval shaped element 242 reads on the term taper since its size is gradual changed and it is fit in the slot 141.
As the phrase “being configured to form a mating connection with the handle body different from the taper fit when the blade assembly is releasably mounted to the handle”, the bending movement of element 242 when it enters the front open and the snapping out movement to engage the slot 141 is “different from the taper fit when the blade assembly is releasably mounted to the handle” since element 240 is between an un-fit position and a fit position.
Yu does not teach “the forward end of the handle body having a first receptacle surface and a second receptacle surface opposing the first receptacle surface and bounding a front receptacle of the handle, the first and second surfaces being arranged so that the first and second surfaces get closer together as they extend rearward from the forward end of the handle body, whereby the front receptacle tapers as the front receptacle extends rearward from the forward end of the handle body.”
Wallays teaches a knife comprising “a handle 10 including a handle body having opposite forward and rearward ends; the forward end of the handle body having a first receptacle surface and a second receptacle surface opposing the first receptacle surface and bounding a front receptacle of the handle, the first and second surfaces being arranged so that the first and second surfaces get closer together as they extend rearward from the forward end of the handle body, whereby the front receptacle tapers as the front receptacle extends rearward from the forward end of the handle body (side curves of the front opening for receiving a curved shoulder 82).” See Figs. 4-5.
The handles with front openings as taught by Wallays and Yu are art equivalents known in the art.
Therefore, it would have been obvious to one skilled in the art before the effective filling date of the claimed invention to provide the handle in Yu having a first receptacle surface and a second receptacle surface opposing the first receptacle surface and bounding a front receptacle of the handle as taught by Wallays since it has been held that substituting equivalents known for the same purpose is obvious to one skilled in the art. See MPEP. 2144.06.
Regarding claim 7, a front opening 131 and a tang receiver of the handle are best seen in Fig. 2.
Regarding claims 8-10, two side openings of the handle defined by a curved edge opening similar to the claimed invention are best seen in Figs. 4-5 in Wallays.
Regarding claim 11, two wings 243 are best seen in Fig. 2.
Regarding claims 12-14, two channels 141 are best seen in Fig. 2.
Regarding claim 15, the two wings 243 spaced apart from the tang 23 are best seen in Fig. 2.
Regarding claim 16, a first portion and a second portion (each walls of 131) between a side of the tang 23 and the wing 243 are best seen in Fig. 2.
Regarding claim 17, the two side openings 141 tapering down toward the rear of the handle is best seen in Fig. 2.
Regarding claims 18-20, a tang receiver 131 is best seen in Fig. 2 in Yu. The modified first and second receptacle surfaces guide the tang into the tang receiver.
Regarding claim 22, two short bars on both sides of the tang 23 define bracing elements. See Fig. 2.
Regarding claim 23, a tang receiver 131 is best seen in Fig. 2. Both sides of the hole 131 are the first handle body member and the second handle body member, and the handle body members sandwich the tang receiver.
Regarding claim 25, a catch (14 or 242) is best seen in Fig. 2.
Regarding claim 27, Wallays discloses front receptacle substantially as claimed except for “the front receptacle has a depth along a central longitudinal axis of the handle body which is greater than or equal to one half the height of the front receptacle at the forward end of the handle body”. It would have been obvious to one having ordinary skill in the art before the effective filling date of the claimed invention to make ““wherein the front receptacle has a depth along a central longitudinal axis of the handle body which is greater than or equal to one half the height of the front receptacle at the forward end of the handle body”” , since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Regarding claim 28, Wallays teaches the first receptacle surface and the second receptacle surface being on a plane.
Regarding claim 29, as the curve contact area between the handle and the blade assembly as taught by Wallays is applied to Yu, the first receptacle surface extends downward to the tang receiver and the second receptacle surface extends upward to the tang receiver.
Regarding claim 30, two side openings of the handle defined by a curved edge opening similar to the claimed invention are best seen in Figs. 4-5 in Wallays.
Regarding claim 31, two wings 243 are best seen in Fig. 2.
Regarding claim 32, the blade in Fig. 5 having a tip and a rear portion is best seen in Fig. 5. A first blade connection surface 242 and a second blade connection surface 242 are best seen in Fig. 5.
Regarding claim 33, the tang extending along a majority length of the handle is best seen in Fig. 2.
Regarding claim 34, the tang 23 extending towards the rear end of the handle is best seen in Fig. 2.
Regarding claims 35, Yu teaches a tang receiver. However, Yu does not teach the handle and the tang receiver being made from different materials. To select different materials for the handle and the tang receiver would have been obvious to one having ordinary skill in the art, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416. For example, the handle could be made from plastic material and the tang receiver is made from metal or stronger plastic material for maintain strong connection between the blade and the handle.
Regarding claims 36 and 37, to select a well-known material such as aluminum would have been obvious to one having ordinary skill in the art, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Regarding claim 38, Yu teaches a rectangular channel tang receiver. As a layer of different material is provided to reinforce a rectangular channel tang receiver, the different material will have a rectangular shaped sleeve.
Regarding claim 39, the trapezoidal block on the left end of the tang 23 defines a shoulder.
Regarding claim 40, the tang 231 having an opening is best seen in Fig. 2.
Claim 24 is rejected under 35 U.S.C. 103 as being unpatentable over Yu (2017/0190042) in view of Wallays (5,933,918) as applied to claims 6 and 23 above, and further in view of Farland et al. (2012/0036668), hereinafter Farland.
Regarding claim 24, the modified knife of Yu teaches the invention substantially as claimed except for the handle body being overmolded for gripping textures.
Farland teaches the use of overmolding on a handle for comfort gripping and high-friction gripping surface. See para. [0003].
Therefore, it would have been obvious to one skilled in the art before the effective filling date of the claimed invention to overmold the handle in Yu as taught by Farland for comfort gripping and high-friction gripping surface.
Allowable Subject Matter
Claim 26 is 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.
Response to Arguments
Applicant's arguments filed 02/04/2026 have been fully considered but they are not persuasive.
35 USC 112 Rejection is withdrawn.
Regarding Applicant’s argument with respect to Yu and the term “taper fit”, claim 1 does not describe any structure of the “taper fit”. Therefore, the oval shaped element 242 reads on the term taper fit since its size is gradual changed and it is fit in the slot 141.
Regarding the phrase “being configured to form a mating connection with the handle body different from the taper fit when the blade assembly is releasably mounted to the handle”, claim does not describe what it means to have a taper fit and its mating connection different from the taper fit. The Examiner considers the bending movement of element 242 when it enters the front open and snapping out to engage the slot 141 to be “different from the taper fit when the blade assembly is releasably mounted to the handle” since element 242 is between a fit position and unfit position.
Regarding Applicant’s argument with respect to Wallays, to provide a curved connection at element 22 and the front end 12 as taught by Wallays does not change the functionality of the blade and the handle or their connectivity. Therefore, the straight connection in Yu and the curved connection in Wallays are art equivalents.
Conclusion
THIS ACTION IS MADE FINAL. 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 PHONG H NGUYEN whose telephone number is (571)272-4510. The examiner can normally be reached M-F: 8-5.
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/PHONG H NGUYEN/Examiner, Art Unit 3724