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 .
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 1-9 are 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 1 and the term “circular manner” in line 6, the sharpener assembly 1.1 does not appear moving on a circular manner. See Fig. 2.
Regarding claim 2, the linkage 2 does not appear forming an elliptical structure. See Fig. 2.
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.
Claim 4, 5, and 10 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 4 recites the limitation “the axis A of the blade” and “the centerline B of the sharpening space”. There is insufficient antecedent basis for these limitations in the claim.
Claim 10 recites the limitation “the knife tool”, “the blade of the knife tool” (step SS01); “the linkage member”, “the rotation of the linkage member”, “the knife sharpening assembly”, “the sharpening section”, and “the spacing section” (step SS02); and “the knife sharpening assembly”, “the blade path”, and “the sharpening part” (SS03). There is insufficient antecedent basis for these limitations in the claim. Claim 10 is full of antecedent basis issue. The Applicant is required to review claim 10 make appropriate correction that may be missed by the Examiner.
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 and 10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Dieck et al. (2007/0184756), hereinafter Dieck.
Regarding claim 1, Dieck teaches a knife sharpener, comprising:
a base 160, the base is provided with a clamping mechanism 10 for a knife tool 102, the clamping mechanism for the knife toot is used to clamp the knife tool;
a knife sharpening assembly 110, the knife sharpening assembly is arranged on the base above the clamping mechanism for the knife tool, the knife sharpening assembly is connected to a linkage member 113, and is driven by the linkage member to move in a circular manner;
the movement trajectory of the knife sharpening assembly comprises a sharpening section and a spacing section,
in the sharpening section (sharpening the blade section 103a of the knife), a sharpening part of the knife sharpening assembly comes into contact with the blade of the knife tool and continuously moves along the blade path to sharpen the blade,
in the spacing section (moving out of the blade section 103a), there is a clearance between the sharpening part of the knife sharpening assembly and the blade of the knife tool, causing them to be out of contact.
See Figs. 1, 3A, and 3B
Regarding claim 10, Dieck teaches a knife sharpening method, wherein comprises the following steps:
SSO 1. using the clamping mechanism 10 to clamp the knife tool to be sharpened, and setting the blade of the knife tool facing upwards;
SSO2. controlling the rotation of the linkage member, the rotation of the linkage member drives the knife sharpening assembly to cyclically switch between the sharpening section and the spacing section;
SSO3. in the sharpening section, a sharpening part of the knife sharpening assembly comes into contact with the blade of the knife tool and continuously moves along the blade path to sharpen the blade; in the spacing section, there is a clearance between the sharpening part of the knife sharpening assembly and the blade of the knife tool, causing them to be out of contact;
SSO4. after the blade is sharpened to meet the requirements, the linkage member is controlled to drive the knife sharpening assembly to enter the spacing section;
SSO5. removing the sharpened knife tool from the clamping mechanism.
See Figs. 1, 3A, and 3B.
It is noted that the terms SSO1-5 should be deleted.
Allowable Subject Matter
Claims 6-9 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claim 6 is allowable for setting forth the detail structure of the clamping mechanism.
Claims 2-5 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Claim 2 is allowable for setting forth the detail structure of the linkage member.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Blade sharpeners of general interest are cited inform PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PHONG H NGUYEN whose telephone number is (571)272-4510. The examiner can normally be reached M-F: 8-5.
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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/PHONG H NGUYEN/Primary Examiner, Art Unit 3724
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