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 .
Information Disclosure Statement
This application has a related application EP4484092. ‘092 includes a European search report citing relevant prior art. Applicant is reminded each individual associated with the filing and prosecution of a patent application has a duty of candor and good faith in dealing with the Office, which includes a duty to disclose to the Office all information known to that individual to be material to patentability as defined in 37 CFR 1.56.
Drawings
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 “light emitting member (Claim 9, line 1 and claim 14, lines 1-2)” and “air gap along the lateral sides of a main longitudinal axis (Claim 12)” 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.
Claim Objections
Claims 1-3, 5, 7, 9-11, and 14 are objected to because of the following informalities: Regarding claim 1 (line 1), the preamble should recite “A personal care device.”
Regarding claim 2 (lines 2-3), the phrase should recite “wherein the light guide is integrally joined to the inner housing”
Regarding claim 3 (line 5) should recite “light guide extends through and is joined to said cover element.”
Regarding claim 5 (line 3), the term should recite “an interior.”
Regarding claim 7 (line 1), the phrase should recite “wherein a light emitting member.”
Regarding claim 9 (line 1), the phrase should recite “wherein a light emitting member is positioned”
Regarding claim 10 (line 1), the phrase should recited “wherein a light emitting member is substantially”
Regarding claim 11 (line 1), the phrase should recited “wherein a light emitting member has a cascaded”
Regarding claim 14 (lines 1-2), the phrase should recite “wherein a light emitting member”
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.
Claims 12 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. Regarding claim 12, the phrase “the light guide…is surrounded by an air gap along the lateral sides of a main longitudinal axis of the light guide” was not disclosed in the specification at the time of filing to show possession of the invention at the time of filing. Page 8 (lines 3-5) of the Specification discloses “So as to achieve efficient transmission, the light guide may be…spaced apart from other elements of the personal care device an may be surrounded by an air gap.” This is the only mention in the specification to the light guide and the air gap and there is no mention of the air gap being along the lateral sides of a main longitudinal axis of the light guide. What permits an air gap to surround the light guide? Does the air gap interact with any other elements in the personal care device?
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 1-14 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 4 the phrase “possibly with a second opening for a charging connection on an end portion of said inner housing opposite to said first opening” is indefinite. Merriam Webster Dictionary defines the term possibly as “by merest chance; being something that may or may not occur.” Based on the plain and ordinary meaning of the term “possibly” it is unclear if there is or is not a second opening for a charging connection.
Regarding claim 12, the phrase “the light guide…is surrounded by an air gap along the lateral sides of a main longitudinal axis of the light guide” is indefinite. It is unclear what structure is imparted by the term “air gap” and what is/if there is a structural relationship between the “air gap” and lateral sides of a longitudinal axis of the light guide. How does a longitudinal axis have lateral sides? How does an air gap surround the light guide? Does the air gap engage any other structural elements of the device?
Claims 2, 3, 5-11, 13, and 1 depend from claim 1 and are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being dependent from a rejected parent claim.
A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claim 1 recites the broad recitation “Personal care device” and the claim also recites “in particular electric hair trimmer” which is the narrower statement of the range/limitation.
In the present instance, claim 7 recites the broad recitation “the light emitting member” and the claim also recites “in particular the light emitting surface of the light guide” which is the narrower statement of the range/limitation.
The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
Claim 12 recites the limitation "the lateral sides" in lines 4-5 There is insufficient antecedent basis for this limitation in the claim.
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 1-14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by EP 2851167 by Scheunert et al.
In re claim 1, Scheunert teaches a personal care device, in particular electric hair trimmer, comprising an elongated housing (10) receiving an electric motor (see Annotated Figure 1, Pg. 8, below), a working head (40) attached to said housing, and an illumination unit (20, 30, 31) for illuminating the working head (Abstract), wherein the illumination unit comprises a light guide for guiding light (20) from a light source (31) to a light emitting surface (as shown in at least Figure 1, the light emitting surface is the surface of the guide light extends adjacent to the opening of the cutting tool), said light guide having a light receiving surface (as shown in at least Figure 1, Pg. 9, lines 8-11), wherein, said light receiving surface is laterally offset relative to said light emitting surface (as shown in at least Figure 1), and in that said housing includes an inner housing (11.1, see Annotated Figure 1, Pg. 8, below) and an outer housing (11) surrounding said inner housing (11.1, and see Annotated Figure 1, Pg. 8, below), the inner housing (is capable of forming) forms a sealed container in which said motor and said light source are received, wherein said light guide (20) (is capable of extending) extends through said inner housing (as shown in at least Figure 1) and through the outer housing (Pg. 11, lines 1-6, 16-17) and is (capable of being sealed) sealed against such inner housing wherein said light guide (20) and said inner housing (11.1) (is capable of forming) form an integral plastic molding piece.
Note, the inner housing has to be capable of forming an integral plastic molding piece, in which it is. This particular phrase does not positively recite the light guide and inner housing being an integral via plastic molding.
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In re claim 2, wherein said light guide (20) and said inner housing (see Annotated Figure 1, above) (are capable of forming) form a two-component molding piece, wherein the light guide is integrally joint to the inner housing (Pg. 12, lines 4-6, as shown in at least Figure 1) thereby (capable of sealing) sealing the light guide (20) against said inner housing.
In re claim 3, wherein said inner housing (see Annotated Figure 1, above) (capable of forming) forming said sealed container has a barrel structure (as shown in at least Figure 1) and is (capable of being formed) formed by an elongated cup element (12) having a closed bottom and a cover element (see Annotated Figure 1) surrounding a motor shaft, said cover element closing said cup element (as shown in at least Figure 1), wherein said light guide extends through and is joint to said cover element.
The term through has been given its plain and ordinary meaning as defined by Merriam Webster Dictionary as “by way of.” The light guide (is capable) of extending by way of the cover element. It is joined to the cover element through various elements including 13. Scheunert’s elongated cup element (12) in very similar to the cup element of the instant application.
In claim 4, as best understood, wherein said elongated cup element (12) has a length of at least about 80% of the entire length of the inner housing (as shown in at least Annotated Figure 1) and furthermore, possibly with a second opening for a charging connection on an end portion of said inner housing opposite to said first opening.
It has been interpreted Scheunert does not have a second opening for a charging connection on an end portion of the housing.
In re claim 5, wherein said light guide (20) has a solid matter body (as shown in at least Figure 3c) (capable of being) made from plastic, wherein an inlet end portion of said light guide is provided with a light source receiving recess (23) in the interior of which at least part of said light source is accommodated.
In re claim 6, wherein said light guide (20) has an outlet end portion defining an elongated light emitting surface having a length (Y2) ranging from about 50% to about 75% of a working width (Y1) of a working tool unit of said working head.
In re claim 7, wherein the light emitting member, in particular the light emitting surface of the light guide is spaced apart from a working tool unit (40) of the working head by a distance (Pg. 3, lines 38-46, as shown in Figure 1, the distance between 20 and 40) that is smaller than a length of the elongated light emitting surface (Y2) of said light emitting member or said light guide.
In re claim 8, wherein said light guide (20) has a cross-sectional area continuously increasing from an inlet end portion to an outlet end portion of said light guide, wherein the cross-sectional area at the outlet end portion is at least about 150% oof the cross-sectional surface area at the inlet end portion (as shown in at least Figure 3c).
Note, the range of at least about 150% encompasses a plethora of values that fall within the teachings as shown in at least Figure 3c of Scheunert.
In re claim 9, wherein the light emitting member (24) is positioned at an outer side of the housing (11) at a portion thereof having intervisibility to the working tool unit of the working head.
In re claim 10, wherein the light emitting member (20a) is substantially flush with an outer surface (11.2) of the housing (Pg. 11, lines 26-32), said outer surface having a three-dimensional curvature (also shown in at least Figure 4c, Pg. 4, lines 25-41, Pg. 7, lines 21-25).
The light emitting member (or light guide) has the same contour as 11.2
In re claim 11, wherein the light emitting member (20a) has a cascaded light emitting surface (as shown in at least Figure 1) the outer most portions of which are substantially flush with an outer surface of the housing (Pg. 11, lines 26-32).
In re claim 12, as best understood, wherein the light guide (20) is configured to have total internal reflection and extends, from the inner housing to the outer housing (as shown in at least Figure 1), spaced apart from other elements of the personal care device (as shown in at least Figure 1) and is (capable of being) surrounded by an air gap along the lateral sides of a main longitudinal axis of the light guide.
In re claim 13, wherein the light guide (20) has a main longitudinal axis having a meandering shape (as shown in at least Figure 1).
In re claim 14, wherein the light emitting surface (Abstract) of the light emitting member is provided with a surface structure for scattered emission of the light.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US Patent No. 2,635,179 teaches a personal care device with a light guide.
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