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
Claim 1 is objected to because of the following informalities:
Claim 1, line 7 recites, “to adjust a cutting height by rotating the dial by moving the movable blade” and should be amended to -- to adjust a cutting height by rotating the dial to move the movable blade.--
Appropriate correction is required.
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 1-5 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.
Claim 1 recites: “(i) a first engagement surface that is contacted by a counterpart one of the recess and the protrusion part when the dial is rotated in a first rotation direction, and(ii) a second engagement surface that is contacted by the counterpart one of the recess and the protrusion part when the dial is rotated in a second rotation direction.”
It is unclear what structure is being recited by the term “counterpart one”. For example, it is unclear whether the rem refers to (i) the other of the recess and the protrusion part, (ii) a counterpart surface of one of the recess and the protrusion part, (iii) a counterpart portion of one of the recess and the protrusion part, or (iv) another structure. Accordingly, the metes and bounds of the claim cannot be determined with reasonably certainty.
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 1-5 are rejected under 35 U.S.C. 103 as being unpatentable over Nakakura (JP2005304627) in view of Ahn (U.S. Patent 11,416,026).
Nakakura discloses a cutting device comprising: a main body (1); a fixed blade (21) fixed to the main body (1); a movable blade (22) configured to reciprocate in a slidable way with respect to the fixed blade; and a cutting height adjustment mechanism (3) that includes a dial (3) rotatably attached to the main body (1) and is configured to adjust a cutting height by rotating the dial (3) by moving the movable blade (22) relative to the fixed blade (21) in response to rotation of the dial (3), wherein the rotation of the dial (3) causes a switching lever (lever 5) to move between a standing attitude (see Fig. 6) and a falling attitude (see Fig. 8), and the movable blade (22) slides relative to the fixed blade (21) in a direction parallel to teeth of the fixed blade and the movable blade (per the changes shown in Figures 6 and 8) in accordance with movement of the switching lever (5) to change the cutting height (e.g. varying distance between the fixed and movable blades changes the cutting height), and the switching lever (5) is biased by a spring (spring member 15) toward the falling attitude (fig. 8), and rotation of the dial (3) in the first rotation direction moves the switching lever (5) toward the standing attitude (fig. 6) against the bias, the cutting height adjustment mechanism includes a holding mechanism (39/31) configured to hold the dial in a stepwise manner, the holding mechanism includes a recess (arc portions 31) and a protrusion part (click spring 39) that are releasably engaged with each other, and at least one of the recess or the protrusion part includes an irregularly-shaped engagement part (31) having(i) a first engagement surface (left side of arc) that is contacted by a counterpart one of the recess and the protrusion part (left side of 39) when the dial is rotated in a first rotation direction, and(ii) a second engagement surface (right side of arc 31) that is contacted by the counterpart one of the recess and the protrusion part (right side of 39) when the dial is rotated in a second rotation direction opposite to the first rotation direction, the first engagement surface and the second engagement surface having different shapes.
Nakakura does not expressly disclose that the left first engagement surface and the second engagement surface have different shapes. Ahn teaches a wearable electronic device with a fastening portion that can be easily manipulated for wearing the device of part of a human body. Ahn is considered analogous art in that the fastening member also utilizes a rotary pawl 441 and ratchet ring mechanism 4225 to control the positioning of the fastening device. Ahn sets forth that the “inner ratchet ring 4225 including asymmetric ratchet teeth t having a first edge 4225a having a first slope and a second edge 4225b having a second slope having a larger inclination than the first slope. According to an embodiment, the first edge 4225a may have a gentle inclination, and the second edge 4225b may have a relative steep inclination…. when the second portion 4412 moves towards the second edge 4225b having a steep inclination, the same may be blocked by the second edge 4225b, which may then limit the movement thereof (see col. 15, lines 52-59 and col. 16, lines 47-60).
Ahn thereby teaches asymmetric ratchet teeth having a first edge 4225 with a gentle inclination and a second edge 4225b with a steeper inclination. Ahn further teaches that engagement with the first edge permits movement whereas engagement with the second edge limits movement. Accordingly, Ahn teaches that differently shaped engagement surfaces may be employed in a rotary detent mechanism to provide different engagement characteristics depending upon the direction of relative movement. It would have been obvious to one of ordinary skill in the art to modify the engagement surfaces of the recess/protrusion holding mechanism of Nakakyra to have differently shaped surfaces as taught by Ahn in order to provide direction dependent engagement characteristics, such as permitting movement in one rotational direction while increasing resistance or limiting movement in an opposite rotational direction, while maintaining stepwise adjustment function of the mechanism.
In regards to claim 2, the modified device of Nakakura discloses wherein the irregularly shaped engagement part includes the first engagement surface having a first inclination angle (first edge 4225a as modified by Ahn) and the second engagement surface (second edge 4225b as modified by Ahn) having a second engagement angle (left and right sides of 31 as modified by Ahn).
In regards to claim 3, the modified device of Nakakura discloses wherein the irregularly-shaped engagement part includes the first engagement surface (first edge 4225a as modified by Ahn) having a first climbing height and the second engagement surface (second edge 4225b as modified by Ahn) having a second climbing height different from the first climbing height, and each of the first climbing height and the second climbing height represents, during engagement between the recess and the protrusion part, a height-direction displacement required for one of the recess and the protrusion part to ride over a corresponding one of the first engagement surface and the second engagement surface when the dial is rotated.
In regards to claim 4, the modified device of Nakakura discloses wherein the first engagement surface(first edge 4225a as modified by Ahn) includes a first inclined surface that is engaged with the recess or the protrusion part when the dial is rotated in the first rotation direction, the second engagement surface (second edge 4225b as modified by Ahn)includes a second inclined surface that is engaged with the recess or the protrusion part when the dial is rotated in the second rotation direction, and an inclination angle of the first inclined surface is greater than an inclination angle of the second inclined surface.
In regards to claim 5, the modified device of Nakakura discloses wherein the first engagement surface (first edge 4225a as modified by Ahn) includes a first inclined surface that is engaged with the recess or the protrusion part when the dial is rotated in the first rotation direction, the second engagement surface (second edge 4225b as modified by Ahn) includes a second inclined surface that is engaged with the recess or the protrusion part when the dial is rotated in the second rotation direction, and an inclination angle of the first inclined surface is smaller than an inclination angle of the second inclined surface (different angles; larger vs gentler inclination; Ahn).
Response to Arguments
Applicant’s arguments with respect to claims 1-5 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
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 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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/LAURA M LEE/Primary Examiner, Art Unit 3724
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