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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Drawings
The drawings are objected to because the right of Figure 1 shows the references “53, 51, 5” and “12, 51, 1”, but it is unclear what they are pointing to. 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 Interpretation
The following is a quotation of 35 U.S.C. 112(f):
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
The “pressing unit configured to be extended into the through hole” in claims 1 and 11, the “position-limiting unit…” in claims 1 and 11, the “engaging unit…” in claims 1 and 11, the “passage-allowing unit…” in claims 1 and 11, the “a locking member…” in claim 6 invoke 112F because
for an example, the “pressing unit configured to be extended into the through hole” because first, "unit" is a generic substitute for “means”; second, the "unit" is modified by functional language including “configured to be extended into the through hole”; and third, the "unit" is not modified by sufficient structure to perform the recited function because "pressing" preceding unit describes the function, not the structure of the unit.
Similarly analysis with other limitations.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 103
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 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-19 are rejected under 35 U.S.C. 103 as being unpatentable over Galyean (US 2009/0193664) in view of Taylor (US 6834432).
Regarding claim 1, Galyean shows a folding knife (Figures 1-2), comprising:
a handle (14), comprising:
a first handle portion formed with a receiving groove (a top half handle 14, Figure 7B having a receiving groove 46); and a second handle portion formed with a slide groove and a through hole corresponding in position to the receiving groove (a bottom half handle 14, Figure 7B below having a slide groove and a through hole for receiving a trigger 56),
wherein the handle has a receiving space between the first handle portion and the second handle portion (a space, Figure 3, between handle halves for receiving a blade 16), and at least a portion of a groove bottom of the slide groove is in communication with the receiving space (see the groove bottom of the bottom half in Figure 7B below);
a blade (16) having a rear end pivotally connected to a front end of the handle (Figure 6B), and configured to be rotated out of the handle and rotated into the receiving space of the handle around a position of the blade that is pivotally connected to the handle (Figures 1-2);
wherein the handle includes a first safety mechanism (40, Figure 7B) comprising:
an engaging post (structures of the trigger 56, Figure 7B), comprising:
a pressing unit (the portion of the trigger “where the reference 56 is” for pressing down, Figure 7B) configured to be extended into the through
hole from an inner side of the second handle portion and be exposed
from an outer side of the second handle portion (Figure 7B);
a position-limiting unit (52, Figure 7B), wherein a greatest length of the
position-limiting unit in a transverse direction is greater than a hole
diameter of the through hole, so as to prevent the engaging post from
separating from the through hole (Figure 7B below);
an engaging unit (48, Figure 7B) configured to, when the pressing unit is
pressed, be disengaged from the blade and prevented from being
pressed against an outer edge of the blade (see Figure 7B, while the trigger 56 is pressed, the locking surface slides and not contact the blade), so that the blade is configured to be pulled or pushed
a passage-allowing unit (50, Figure 7B), wherein a greatest length of the
passage-allowing unit in the transverse direction is less than a greatest length of the engaging unit in the transverse direction (Figure 7B shows the reduced diameter body 50 is smaller than the locking surface 48); and
an elastic element (44, Figure 7B) located in the receiving groove and configured to:
push the engaging unit in a direction away from the receiving
groove (Figure 7B); and
when the blade is stored in the handle and the pressing unit
is not pressed (Figure 7B), push the engaging unit (48) and press the engaging unit against the outer edge of the blade, so that the blade is blocked by
the engaging unit and prevented from being rotated outward (Figure 7B and see the discussion the locking surface 48 for locking the blade 16 in Para. 32); and
a second safety mechanism (10, Figure 7B), comprising:
a locking plate (where the reference “32” is in Figure 7B) located in the receiving space (see a mount portion 34 and a fastener are located in the receiving space, Figure 7B) and formed at a side thereof (22, Figure 7B and Para. 35) with a moving groove (for the tactile feature 32 sliding, Figure 7B and Para. 37) for the engaging post to be extended therein; and
a driving portion (a top grip 32, Figure 7B) located in the slide groove, fixed to the locking plate (Figure 7B), and configured to be displaced forward and rearward; drive the locking plate to move; move the locking plate from an unlocking position to a locking position when the pressing unit is not pressed (see Figure 7B and Para. 37 “a tactile feature 32 to aid a user in transitioning the first locking element 20 between the unlocked position U and the locked position L”), such that a portion of the locking plate (22) is moved to a position corresponding to a portion of the position-limiting unit and the engaging post is prevented from being pressed to move (see the discussion of the engaging portion or the notch 22 “adapted to engage or cooperate with a reduced diameter portion or neck 42 of the second locking element 40 such that, when the first locking element 20 is in the locked position L, movement of the second locking element 40 to the depressed position D is prevented” recited in Para. 35 corresponding to a portion of the position-limiting unit); and move the locking plate (22) from the locking position to the unlocking position such that no other portion of the locking plate than the moving groove corresponds to the position-limiting unit and the engaging post is allowed to be pressed to move (Figure 7B and see the unlocked position U as discussed in Para. 34).
However, Galyean fails to shows an elastic bar as set in the claim.
Taylor shows a folding knife (Figure 1) having an elastic bar (a resilient pin 40) located in a receiving space between first and second handle portions (11 and 13) having a rear end configured to be extended into an assembly groove of the first handle portion (19 and 192, Figure 7) and a front end located adjacent to a position of the blade that is pivotally connected to the handle portions (Figure 8), and configured to press against the blade and apply a rotating force to the blade that pushes the blade along a direction out of the handle portions when the blade is stored between in the handle portions (Figure 8).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to have modified the folding knife of Galyean to have a resilient pin (an elastic bar), as taught by Taylor, in order to allow providing force to the blade for supplementing the extension of the blade to the open position (Col. 3, lines 14-18 of Taylor) while the blade is unlocked. Doing so, the blade is configured to be pushed by the elastic bar.
Regarding claim 2, the modified folding knife of Galyean shows that one side of the blade is concavely formed with a passage-allowing groove (70, Figure 6A of Galyean), the passage-allowing groove corresponds in position to the receiving groove when the blade is stored in the receiving space of the handle, the engaging unit is extended into the passage-allowing groove and pressed against a groove wall of the passage-allowing groove when the pressing unit is not pressed (Figure 7B and see the locking position of the locking element 40 in Para. 40 of Galyean), the engaging unit is disengaged from the passage-allowing groove and leaves the passage-allowing unit in the passage-allowing groove when the pressing unit is pressed, and the passage-allowing unit is configured to allow passage of the blade without being touched by the blade when the blade is rotated out of the handle around the position of the blade that is pivotally connected to the handle (see the unlocked position of the locking element 40 in Para. 39 of Galyean).
PNG
media_image1.png
698
800
media_image1.png
Greyscale
Regarding claim 3, the modified folding knife of Galyean shows that a width of a first end of the engaging unit (48 of Galyean) that is closer to the passage-allowing unit (50, Figure 7B of Galyean) than a second end of the engaging unit (an opposite end adjacent to the spring 44) is increases along a direction toward the second end of the engaging unit (see Figure 7B of Galyean), and a greatest width of the engaging unit is greater than a distance between any two opposite sidewall portions of the passage-allowing groove (70, Figure 7B of Galyean shows the locking surface 48 is greater than the notch 70).
Regarding claim 4, the modified folding knife of Galyean shows that a positioning groove (72, Figures 6A, 6B of Galyean) is concavely formed at a peripheral portion of the rear end of the blade, and the elastic element is configured to, when the blade is rotated fully out of the handle and the pressing unit is not pressed, push the engaging unit and press the engaging unit against a groove wall of the positioning groove, so that the blade is blocked by the engaging unit from inward rotation (Figure 6B of Galyean and see the discussion of the spring 44 of claim 1 above).
Regarding claim 5, the modified folding knife of Galyean shows that an inner side of the first handle portion is protrudingly provided with a stop post (36, Figures 6A, 6B of Galyean), the blade is concavely formed with a stop groove (Figure 6B of Galyean below) at a position adjacent to the positioning groove (see the pin 36, Figure 6B, engages the stop groove of the blade near the groove 72), and the stop post is in the stop groove and abuts a groove wall of the stop groove when the blade is rotated fully out of the handle (Figure 6B of Galyean).
PNG
media_image2.png
366
832
media_image2.png
Greyscale
Regarding claim 6, the modified folding knife of Galyean shows a locking member (43, Figure 7 of Taylor) configured to be extended into the assembly groove and press against the elastic bar from a lateral side of the elastic bar (Col. 3, lines 61-67 “The resilient pin (40) is slid into the channel (16) of the handle (10) through the inner section (191) of the supporting pipe (19), and then the base (42) of the resilient pin (40) is then fixed onto the outer section (192) of the supporting pipe (19) using screws (43) for fixing the resilient pin (40) in the handle (10)” (emphasis added) and see Figure 7 of Taylor that means the end of the elastic bar is pressed against by the screw 43. See https://www.dictionary.com/browse/fixing that is of attaching one thing to another).
Regarding claim 7, the modified folding knife of Galyean shows that the locking member is a screw (see the screw 43 of Taylor).
Regarding claim 8, the modified folding knife of Galyean shows that the groove bottom of the slide groove is formed with a recess (for the notch 22 slid in and out, Figure 7B od Galyean), an inner side of the driving portion has a protruding block (see a zoom-in in Figure 8C of Galyean; there are two protrusions formed the notch 22 that discussed in claim 1 above), when the driving portion is at the locking position, the protruding block is in the recess (Figure 8A of Galyean and see the locking position of the first locking element 20 for preventing the second locking element 40 accidentally pressed), and when the driving portion is moved toward the unlocking position, the protruding block is moved away from the recess (Figure 7B of Galyean).
Regarding claim 9, the modified folding knife of Galyean shows that the locking plate is formed with two coupling recesses (38, Figure 7B of Galyean), the second handle portion is provided with a coupling portion (60), and the coupling portion is located in one of the coupling recesses when the driving portion and the locking plate are at the locking position, and located in the other one of the coupling recesses when the driving portion and the locking plate are at the unlocking position (Figure 7B of Galyean).
Regarding claim 10, the modified folding knife of Galyean shows that the inner side of the second handle portion is formed with a hole (for the spring 58 and the ball 60, Figure 7B of Galyean), and the coupling portion comprises:
a ball (60), wherein at least a portion of the ball is configured to be exposed from the hole and be pushed in one of the coupling recesses (Figure 7B of Galyean); and
a spring (58) located in the hole and having a first end pressed against a hole bottom of the hole and a second end configured to push the ball (Figure 7B of Galyean).
Regarding claim 11, the modified folding knife of Galyean shows all of the limitations in claims 1-10 above.
Regarding claim 12, the modified folding knife of Galyean shows all of the limitations in claim 2 above.
Regarding claim 13, the modified folding knife of Galyean shows all of the limitations in claim 3 above.
Regarding claim 14, the modified folding knife of Galyean shows all of the limitations in claim 4 above.
Regarding claim 15, the modified folding knife of Galyean shows all of the limitations in claim 5 above.
Regarding claims 16-17, the modified folding knife of Galyean shows all of the limitations in claims 6-7 above.
Regarding claims 18-19, the modified folding knife of Galyean shows all of the limitations in claims 9-10 above.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 7086157; US 8893389; and CN-102806567-A show folding knives having elastic bars.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NHAT CHIEU Q DO whose telephone number is (571)270-1522. The examiner can normally be reached 8AM-5PM EST.
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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/NHAT CHIEU Q DO/ Primary Examiner, Art Unit 3724 1/7/2026