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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a) because they fail to show the angle α
(page 27), the straight longitudinal axis cf (page 28), and the spring 40 (page 29) as described in
the specification. Additionally, Fig. 1 appears to be missing and/or mislabeling a variety of characters, in addition to misspelling Fig. 1. Any structural detail that is essential for a proper understanding of the disclosed invention should be shown in the drawing. MPEP § 608.02(d). Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every
feature of the invention specified in the claims. Therefore, the sliding guide contours of the cutter
unit and the cutter head in claim 19 must be shown or the feature(s) canceled from the claim(s).
No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to
the Office action to avoid abandonment of the application. Any amended replacement drawing
sheet should include all of the figures appearing on the immediate prior version of the sheet,
even if only one figure is being amended. The figure or figure number of an amended drawing
should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure
must be removed from the replacement sheet, and where necessary, the remaining figures must
be renumbered and appropriate changes made to the brief description of the several views of the
drawings for consistency. Additional replacement sheets may be necessary to show the
renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an
application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet”
pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will
be notified and informed of any required corrective action in the next Office action. The
objection to the drawings will not be held in abeyance.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they
include the following reference character(s) not mentioned in the description: 25 and 26 (Fig.
6d). Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the
specification to add the reference character(s) in the description in compliance with 37 CFR
1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any
amended replacement drawing sheet should include all of the figures appearing on the immediate
prior version of the sheet, even if only one figure is being amended. Each drawing sheet
submitted after the filing date of an application must be labeled in the top margin as either
“Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not
accepted by the examiner, the applicant will be notified and informed of any required corrective
action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claims 1 and 20 are objected to because of the following informalities:
Claims 1 and 20 reference a “skin contour”, which could be interpreted as positively
claiming skin, which would be improper.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 19 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first
paragraph, as failing to comply with the written description requirement. The claim(s)
contains subject matter which was not described in the specification in such a way as to
reasonably convey to one skilled in the relevant art that the inventor or a joint inventor,
or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the
application was filed, had possession of the claimed invention.
It is unclear what the slide guide contours of the cutter unit and the cutter head
are and how they are movable freely relatively to each other in a plane containing the
diving axis and perpendicular to the tilt axis so the cutter unit is held against movements
along the driving axis only by the leaf spring.
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 1-10, 12, and 14-20 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, the phrase "such as" renders the claim indefinite because it is
unclear whether the limitations following the phrase are part of the claimed invention.
See MPEP § 2173.05(d).
Regarding claims 1, 5, 9, 14, 16, 17, 19, and 20 the term “and/or” is indefinite.
Claim 1 additionally recites the limitation "the skin contour" and “axis x”. There is insufficient antecedent basis for these limitations in the claim.
Allowable Subject Matter
Claims 1-10, 12, and 14-20 would be allowable if rewritten to overcome the objections and rejections set forth in this Office action.
The following is an examiner’s statement of reasons for allowance: No known reference
or combination of references teaches or suggests the features of claim 1, in particular the
combination of features required by claim 1 including “characterized in that said leaf spring is connected with one portion to said cutter unit without play in the movement direction along axis x of the drivable cutter element and, with another portion to said cutter head frame at a spring support portion without play in the movement direction along axis x of the drivable cutter element.”
US 5185926 A to Locke discloses a hair cutter such as electric shaver and/or
electric trimmer comprising a handle 27 and a cutter head 28 attached to said handle, and
at least one cutter unit 21 including a pair of drivable 31 and stationary 22 cutter elements
cooperating with each other, said cutter unit being adjustably supported by means of a
support structure including a spring mechanism 70 to allow for elastic self-adaption of
the cutter unit to the skin contour in terms of diving along a diving axis extending
perpendicular to a skin contact surface of the cutter unit and/or tilting of the cutter unit
relative to a cutter head frame about a tilt axis extending perpendicular to said dive axis,
said spring mechanism including at least one elongated leaf spring (See Figs. 2 and 9).
Locke does not disclose that said leaf spring is connected with one portion to said cutter unit without play in the movement direction along axis x of the drivable cutter element and, with another portion to said cutter head frame at a spring support portion without play in the movement direction along axis x of the drivable cutter element.
Additionally, each of the following references discloses a relevant hair cutter which
has a spring mechanism which allows for elastic self-adaption of the cutter unit to the skin
contour:
US 9676108 B2 to Beugels
US 5131148 A to Wahl
US 3456341 A to Loner
However, none of these references discloses that said leaf spring is connected with one portion to said cutter unit without play in the movement direction along axis x of the drivable cutter element and, with another portion to said cutter head frame at a spring support portion without play in the movement direction along axis x of the drivable cutter element.
Any comments considered necessary by applicant must be submitted no later than the
payment of the issue fee and, to avoid processing delays, should preferably accompany the issue
fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for
Allowance.”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ELLA LORRAINE KEENA whose telephone number is (571)272-1806. The examiner can normally be reached 7:30am - 5:00 pm ET.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Boyer Ashley can be reached at (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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/ELLA L KEENA/Examiner, Art Unit 3724 /BOYER D ASHLEY/Supervisory Patent Examiner, Art Unit 3724
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