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 .
Election/Restrictions
1. Restriction to one of the following inventions is required under 35 U.S.C. 121:
Claims 1-19, drawn to an electric shaver including at least one cutter
assembly positioned in a shaver head housing; the cutter assembly includes first, second, third and fourth cutting assemblies; and a handle connected to the shaver head housing, classified in B23D 17/00 .
Claim 20, drawn to a method of shaving including positioning a shaver
head of an electric shaver against skin of a user, classified in B26B 19/20.
2. The inventions of groups II and I are related as process and apparatus
for its practice. The inventions are distinct if it can be shown that either: (1) the
process as claimed can be practiced by another and materially different
apparatus or by hand, or (2) the apparatus as claimed can be used to practice
another and materially different process. (MPEP § 806.05(e)). In this case, the
process as claimed can be practiced by another and materially different
apparatus that does not include at least assembly positioned in a shaver head housing; the cutter assembly includes first, second, third and fourth cutting assemblies; and a handle connected to the shaver head housing.
3. Restriction for examination purposes as indicated is proper because all these inventions listed in this action are independent or distinct for the reasons given above and there would be a serious search and examination burden if restriction were not required because one or more of the following reasons apply:
(a) the inventions have acquired a separate status in the art in view of their different classification;
(b) the inventions have acquired a separate status in the art due to their recognized divergent subject matter;
(c) the inventions require a different field of search (for example, searching different classes/subclasses or electronic resources, or employing different search queries);
(d) the prior art applicable to one invention would not likely be applicable to another invention;
(e) the inventions are likely to raise different non-prior art issues under 35 U.S.C. 101 and/or 35 U.S.C. 112, first paragraph.
In this case, the search for each individual invention may overlap but they do not coincide identically throughout. Therefore, the search for the elected invention may not be sufficient for the other non-elected inventions. Therefore, each individual invention includes a different filed of search. In addition, the text and subclass search that might be needed to look for a particular feature in one invention in not sufficient for finding another particular feature in other invention due to their divergent subject matter. In other words, each individual invention with at least a distinct feature has a separate status in the art and requires a different field of search.
4. Applicant is advised that the reply to this requirement to be complete must include(i) an election of an invention to be examined even though the requirement may be traversed (37 CFR 1.143) and (ii) identification of the claims encompassing the elected invention.
5. The election of an invention may be made with or without traverse. To reserve a right to petition, the election must be made with traverse. If the reply does not distinctly and specifically point out supposed errors in the restriction requirement, the election shall be treated as an election without traverse. Traversal must be presented at the time of election in order to be considered timely. Failure to timely traverse the requirement will result in the loss of right to petition under 37 CFR 1.144. If claims are added after the election, applicant must indicate which of these claims are readable on the elected invention. If claims are added after the election, applicant must indicate which of these claims are readable upon the elected invention.
6. Should applicant traverse on the ground that the inventions are not patentably distinct, applicant should submit evidence or identify such evidence now of record showing the inventions to be obvious variants or clearly admit on the record that this is the case. In either instance, if the examiner finds one of the inventions unpatentable over the prior art, the evidence or admission may be used in a rejection under 35 U.S.C. 103(a) of the other invention.
7. During a telephone conversation with Vadim E. Cherkasov (Reg. No. 65,243) on 12/19/2025 a provisional election was made with traverse to prosecute the invention of Invention I, claims 1-19. Affirmation of this election must be made by applicant in replying to this Office action. Claim 20 is withdrawn from further consideration by the examiner, 37 CFR 1.142(b), as being drawn to a non-elected invention.
Claim Rejections - 35 USC § 112
8. 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.
9. Claim 17 is 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 17, “wherein the two or more spacer elements prevent a clean shave by preventing hair from fully reaching the at least one cutter assembly” is merely a function language and does not impose any additional structural limitation on the claimed electric shaver head.
Claim Rejections - 35 USC § 102
10. 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.
11. Claims 1-2, 5-7, 10-14 and 17-19 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Bady et al. (2018/0085944 A1), hereinafter Bady. Regarding claim 1, Bady teaches an electric shaver head 302 (Fig. 14), comprising: a shaver head housing 396 (Fig. 15); at least one cutter assembly (348A-C) disposed in the shaver head housing; and two or more spacer elements (372A-C, defined by individual comb teeth of each one of the comb units 370A-30B covering their respective cutter assemblies 348A-C; Fig. 15) positioned over the cutter assembly; wherein the two or more spacer elements provide an offset distance from a top surface 354 (defined by the top surface of the outer cutter 340 of the at least one cutter assembly 348A-C) of the at least one cutter assembly to create stubble when shaving (paragraph [0068]). See Figs. 13-15 in Bady.
Regarding claim 2, Bady teaches everything noted above including that
the at least one cutter assembly (348A-C) is a rotary blade cutter assembly.
Regarding claim 5, Bady teaches everything noted above including that
the at least one cutter assembly includes a cutter body (defined by the cylindrical shaped body of housing 396 that receives the outer cutter 340; Fig. 15) defining a substantially cylindrical configuration.
Regarding claim 6, Bady teaches everything noted above including a spacer element ring (386 A-C; Fig. 14) defining a substantially cylindrical configuration complementary to the substantially cylindrical configuration of the cutter body such that the spacer element ring slides over the cutter body (Fig. 15).
Regarding claim 7, Bady teaches everything noted above including that the cutter body includes a radial flange 348 (Fig. 15) extending from a rear edge of the cutter body.
Regarding claim 10, Bady teaches everything noted above including
a spacer element ring (386 A-C; Fig. 14) configured to be positioned at least partially around the at least one cutter assembly (348A-C).
Regarding claim 11, Bady teaches everything noted above including that the spacer element ring includes the two or more spacer elements (372A-C, defined by two or more comb teeth of each one of the comb units 370A-30B).
Regarding claim 12, Bady teaches everything noted above including that the
the spacer element ring positions the two or more spacer elements against the top surface 354 of the at least one cutter assembly such that the two or more spacer elements extend outward from the top surface of the at least one cutter assembly.
Regarding claim 13, Bady teaches everything noted above including that the
the two or more spacer elements are radially spaced along a front edge (defined by the edge from which the comb teeth extend to the center of the ring) of the spacer element ring (386 A-C).
Regarding claim 14, Bady teaches everything noted above including that each of the spacer elements defines a first section (defined by the section that extends downwardly toward the ring and connected to the ring 386A-C; Fig. 15) extending from a body of the spacer element ring (386A-C) in a direction parallel to the body, and a second section (defined by a section curving to toward the center of the ring; Fig. 15) curving about 90° inward toward a central longitudinal axis of the spacer element ring.
Regarding claim 17, as best understood, Bady teaches everything noted above including that the two or more spacer elements (372A-C, defined by individual comb teeth of each of the comb units 370A-30B covering their respective cutter assemblies 348A-C; Fig. 15) prevent a clean shave by preventing hair from fully reaching the at least one cutter assembly.
Regarding claim 18, Bady teaches everything noted above including that
the two or more spacer elements extend around edges of and partially over the cutter assembly (348A-C).
Regarding claim 19, Bady teaches an electric shaver 100, comprising: a handle 104; and a shaver head 110 releasably coupled to the handle 104, wherein the shaver head includes: a shaver head housing 194 (Fig. 4); at least one cutter assembly (130, 158; Fig. 4) disposed in the shaver head housing 194; and two or more spacer elements 172 (defend by the comb teeth of each comb units 171A, 171B; Figs. 3-4) positioned over the cutter assembly (130, 158); wherein the two or more spacer elements 172 provide an offset distance from a top surface of the at least one cutter assembly to create stubble when shaving. See Figs. 1-10B in Body.
The following is an alternative rejection of the claims based on a different embodiment disclosed by Bady.
12. Claims 1 and 15-18 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Bady. Regarding claim 1, Bady teaches an electric shaver head 110 (Fig. 1), comprising: a shaver head housing 194 (Fig. 4); at least one cutter assembly (130, 158; Fig. 4) disposed in the shaver head housing; and two or more spacer elements 172 (defend by the comb teeth of each comb units 171A, 171B; Figs. 3-4) positioned over the cutter assembly (130, 158); wherein the two or more spacer elements provide an offset distance from a top surface 124, 154 (defined by the top surface of the unit 124, which includes a row of teeth 123, and the surface 154; Fig. 2) of the at least one cutter assembly to create stubble when shaving (paragraph [0046]). See Figs. 1-10B in Bady.
Regarding claim 15, Bady teaches everything noted above including that
the top surface (124, 158) of the at least one cutter assembly includes extensions (defined by the row of teeth 123) that connect the top surface to a body 196 (Fig. 3) of the at least one cutter assembly, and wherein a number of the extensions 123 corresponds with a number of the two or more spacer elements 172. See Fig. 3 in Bady.
Regarding claim 16, Bady teaches everything noted above including that
the two or more spacer elements 172 are positioned against the respective extensions 123 of the at least one cutter assembly.
Regarding claim 17, as best understood, Bady teaches everything noted above including that the two or more spacer elements 172 prevent a clean shave by preventing hair from fully reaching the at least one cutter assembly.
Regarding claim 18, Bady teaches everything noted above including that
the two or more spacer elements 172 extend around edges of and partially over the cutter assembly (130, 158).
13. Claims 1-9, 11-13, and 17 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Korean Publication (KR 20120006010 U), hereinafter KR. Regarding claim 1, KR teaches an electric shaver head, comprising: a shaver head housing 40 (Fig. 2); at least one cutter assembly (30, 100; Fig. 2) disposed in the shaver head housing 40; and two or more spacer elements 222 (defind by the comb teeth of comb unit 220 for the cutter assembly 30, 100); wherein the two or more spacer elements provide an offset distance (Fig. 3) from a top surface of the at least one cutter assembly to create stubble when shaving. See Figs. 1-5 in KR.
Regarding claim 2, KR teaches everything noted above including that
the at least one cutter assembly (30, 100) is a rotary blade cutter assembly.
Regarding claim 3, KR teaches everything noted above including that the at least one cutter assembly (30, 100) includes first, second, third and fourth cutter assemblies (Fig. 2).
Regarding claim 4, KR teaches everything noted above including that
each of the first, second, third and fourth cutter assemblies includes the two or more spacer elements 222.
Regarding claim 5, KR teaches everything noted above including that
the at least one cutter assembly includes a cutter body 100 defining a substantially cylindrical configuration.
Regarding claim 6, KR teaches everything noted above including a spacer element ring 210 defining a substantially cylindrical configuration complementary to the substantially cylindrical configuration of the cutter body 100 such that the spacer element ring slides over the cutter body.
Regarding claim 7, KR teaches everything noted above including that the cutter body 100 includes a radial flange (defined by the bottom flange extending perpendicular to the longitudinal axis of the cuter body, shown in Fig, 3) extending from a rear edge of the cutter body 100.
Regarding claim 8, KR teaches everything noted above including a spacer element ring 210 configured to be positioned at least partially around the cutter body, the spacer element ring including latching elements 244 extending from a rear surface.
Regarding claim 9, KR teaches everything noted above including that the latching elements are configured to snap around the radial flange extending from the rear edge of the cutter body to releasably couple the spacer element ring to the cutter body.
Regarding claim 11, KR teaches everything noted above including that the spacer element ring 210 includes the two or more spacer elements 222 (Fig. 5).
Regarding claim 12, KR teaches everything noted above including that the
the spacer element ring positions the two or more spacer elements 222 (at least partially, as shown in Fig. 3) against the top surface of the at least one cutter assembly such that the two or more spacer elements extend outward from the top surface of the at least one cutter assembly.
Regarding claim 13, KR teaches everything noted above including that the
the two or more spacer elements are radially spaced along a front edge of the spacer element ring (386 A-C). The front edge is defined by the edge from which the comb teeth extend toward the center of the ring (Fig. 5)
Regarding claim 17, as best understood, KR teaches everything noted above including that the two or more spacer elements 222 prevent a clean shave by preventing hair from fully reaching the at least one cutter assembly.
Claim Rejections - 35 USC § 103
14. 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.
15. Claims 3-4 are rejected under 35 U.S.C. 103 as being unpatentable over Bady in view of Lyles (2013/0212885 A1). Regarding claim 3, Bady teaches everything noted above including that the at least one cutter assembly includes first, second, and third cutter assembles. Badly does not explicitly disclose a fourth cutter assembly. However, Lyles teaches a shaver 100 including an electric shaver head 114 having first, second, third, and fourth cutter assembles 116. See Fig. 1 in Lyles. It would have been obvious to a person of ordinary skill in the art to provide Bady’s electric shaver head with a fourth cutter assembly, as taught by Lyles, in order to reduce shaving time by increasing the numbers of the cutter assembles.
Regarding claim 4, Bady, as modified by Lyles, teaches everything noted above including that each of the first, second, third and fourth cutter assemblies includes the two or more spacer elements. It should be noted that spacer assembles are provided for each of the cutter assembles in Bady.
16. Claims 8-9 are rejected under 35 U.S.C. 103 as being unpatentable over Bady in view of Wu (CN 109176612 A) or Dong (CN 202121602801 U). Regarding claim 8, Bady teaches everything noted above including a spacer element ring (386 A-C; Fig. 14) configured to be positioned at least partially around the cutter body, the spacer element ring including latching element 344 extending from a rear surface. Bady does not explicitly teach that the latching element comprises more than one latching element. However, Wu teaches an electric shaver including a spacer ring element 2 including latching elements (unnumbered, shown in Fig. 2) for engaging a flange of a body of the electric shaver (not shown) to attach the spacer ring element 2 to the body. See Figs. 1-5 in Wu. Dong also teaches an electric shaver including a ring element 2 having latching elements 23 for engaging a flange of a body 1. See Figs. 1-11 in Dong. It should be noted that Dong teaches that multiple latching elements may be used instead of a single latching element. Accordingly, it would have been obvious to one having ordinary skill in the art at the time the invention was made to modify Bady by forming the latching element as multiple latching elements, as taught by Wu or Dong, since it has been held that constructing a formerly integral structure in various elements involves only routine skill in the art. Nerwin v. Erlichman, 168 USPQ 177, 179.
Regarding claim 9, Bady, as modified above, teaches everything noted above including that the latching elements are configured to snap around the radial flange 348 (Fig. 15 in Bady) extending from the rear edge of the cutter body to releasably couple the spacer element ring to the cutter body.
Conclusion
17. The prior art made of record and not relied upon is considered pertinent to
applicant’s disclosure.
Solie (4,003,390 A), Phoon et al. (10,913,170 B2), Waggoner (3,008,233 A), Madrid (3,178,815 A), and Wolf (3,109,236 A) teach an electric shaver head.
18. Any inquiry concerning this communication or earlier communications from the examiner should be directed to GHASSEM ALIE whose telephone number is (571) 272-4501. The examiner can normally be reached on 8:30 am-5:00 pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Boyer Ashley can be reached on (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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/GHASSEM ALIE/Primary Examiner, Art Unit 3724 December 20, 2025