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 § 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 1-9 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. Regarding claim 1 (lines 8-10), recites “a locking portion located at one end therefor and a pressing portion located at an opposite end thereof, said locking portion and said pressing portion being located on both sides of said pivot” is indefinite. Lines 8-9 set forth the pressing and locking portions are on opposite ends of the swing arm, therefore, it is unclear how the locking and pressing portions are located on both sides of said pivot.
It is suggested Applicant amend lines 8-10 to recite, “a locking portion located at one end therefor and a pressing portion located at an opposite end thereof, said locking portion and said pressing portion being located on opposite sides of said pivot” or similar language to clarify the position of the locking and pressing portions relative to the pivot.
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 1-9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US Patent No. 8,286,357 to Huang.
In re claim 1, Huang teaches a convenient portable knife comprising:
a cutting blade (36) and a knife handle (22), wherein: said knife handle comprises two side plates (24a,24b), a swing arm (46), a reinforcing plate (see Annotated Figure 1 on Pg. 5, below), an elastic element (56), a locking bolt (62) and two outer covers (25a,25b), each said side plate (24a,24b) comprising an inner side (as best shown in at least Figure 3), an outer side (as shown in at least Figure 2), a pivot hole (as shown in at least Figures 4-7) located at one end thereof for said cutting blade to pivot, an axle hole (see Annotated Figure 1, below on Pg. 5, below) and an elongated hole (32a,32b), said swing arm (26) being sandwiched between the said inner sides of said two side plates (24a,24b), said swing arm comprising a pivot (as best shown in at least Figure 3) pivoted to the said axle holes of said two side plates, a locking portion (48) located at one end thereof and a pressing portion (52) located at an opposite end thereof, said locking portion and said pressing portion being located on both sides of said pivot (as shown in at least Figure 3), said locking portion (48) being adjacent to the said elongated holes (32a,32b, as shown in at least Figures 4-7) of said two side plates (24a,24b), said reinforcing plate (see Annotated Figure 1, below) being sandwiched between the said inner sides of said two side plates (24a,24b), said elastic element (56) being disposed on said reinforcing plate (as shown in at least Figures 4-7) and between said two side plates (24a,24b), said elastic element being pressed against said pressing portion of said swing arm with one end thereof to provide a restoring force when said pressing portion is pressed (as shown in at least Figures 4-6), said locking bolt (62) being located between said two side plates (24a,24b), said locking bolt being inserted through the said elongated holes (32a, 32b) of said side plates so that said locking bolt is movable along the long axis of the said elongated holes (Col. 4, lines 5-12), said two outer covers (25a,25b) being respectively provided on the said outer sides of said two side plates so that said two side plates are located between said two outer covers;
said cutting blade (36) is located between the said inner sides of said two side plates (24,24b), said cutting blade comprising a pivot (see Annotated Figure 1, below on Pg. 5, below) located at one end thereof and pivoted to the said pivot holes of said two side plates (24a,24b) so that said cutting blade is rotatable around the pivot thereof to switch between an extended position and a folded position (as shown in at least Figures 4-7), said cutting blade further comprising a locking groove (44) at the end where the pivot of said cutting blade is located, said locking groove corresponding to the positions of the said elongated holes of said two side plate when said cutting blade is in said extended position (as shown in at least Figure 4).
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Examiner’s note, Annotated Figure 1 corresponds to Figure 3 of Huang. The annotated figure is solely to depict how the structures of Huang correspond to the claim language.
In re claim 2, wherein said locking portion (48) comprises a front abutting surface (as shown in at least Figure 3) a bottom surface (as shown in at least Figure 3) and a rear abutting surface (as shown in at least Figure 3), said bottom surface protruding from one side of said swing arm (as shown in at least Figure 2), said front abutting surface and said rear abutting surface being respectively located at two opposite ends of said bottom surface, so that said front abutting surface, said bottom surface and said rear abutting surface form said locking portion with a protruding shape (as shown in at least Figures 3-7).
In re claim 3, wherein said locking groove (44) is a groove formed by a bottom, a front stop wall and a rear stop wall (as shown in at least Figure 3).
In re claim 4, wherein said locking bolt (62) comprises a small diameter section with a smaller outer diameter (see Annotated Figure 1 on Pg. 5, above) at each of two opposite ends thereof to form a respective shoulder surface with a reduced outer diameter, said locking bolt being respectively penetrated through the said elongated holes (32a,32b) of said side plates by said two small diameter sections.
In re claim 5, wherein each said side plate (24a,24b) is provided with a recess on one side thereof.
In re claim 6, wherein each said outer cover (25a,25b) is also provided a recess (see Annotated Figure 1, on Pg. 5, above) on one side thereof at a position corresponding to the said recesses (see Annotated Figure 1, on Pg. 5, above) of said two side plates (24a,24b).
In re claim 7, wherein said pressing portion is provided with an anti-slip strip (as shown in at least Figure 3) that is located at positions corresponding to the said recesses of said two side plates (as shown in at least Figure 1).
In re claim 8, wherein each said outer cover (25a,25b) is also provided with a pivot hole (as shown in at least Figure 1, pivot 42 is received in pivot hole of the outer plate) at a position corresponding to the said pivot hole (as shown in at least Figure 3) of the respective said side plate (24a,24b).
In re claim 9, wherein said locking groove (44) is a groove formed by a bottom (as shown in at least Figure 3), a front stop wall (as shown in at least Figure 3), and a rear stop wall (as shown in at least Figure 3).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US Patent No. 9751222 teaches a portable knife having a blade lock arrangement via a swing arm, elastic element, and locking bolt.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JENNIFER S MATTHEWS whose telephone number is (571)270-5843. The examiner can normally be reached Monday-Thursday 8am-4pm.
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/JENNIFER S MATTHEWS/Primary Examiner, Art Unit 3724