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 Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – 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 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.
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:
• “locking mechanism” as recited in at least claims 1, 7, and 15 (first, “mechanism” is a generic placeholder for “means”; second, the generic placeholder is modified by the functional language “locking”; third, the generic placeholder is not modified by sufficient structure for performing the claimed function – e.g., the term “locking” preceding the generic placeholder describes the function, not the structure, of the mechanism)
• “biasing element” as recited in at least claims 1, 7, and 15 (first, “element” is a generic placeholder for “means”; second, the generic placeholder is modified by the functional language “biasing”; third, the generic placeholder is not modified by sufficient structure for performing the claimed function – e.g., the term “biasing” preceding the generic placeholder describes the function, not the structure, of the element)
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 § 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.
(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 1-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by CN 114589732 (hereinafter Zhejiang).
Regarding claim 1, Zhejiang discloses a hair cutting device, comprising: a housing (housing 1; see fig. 1); a bladeset assembly attached to the housing (blade assembly 2; see fig. 1), the bladeset assembly including a stationary blade, a movable blade that is movable relative to the stationary blade (the hair clipper includes a moving blade and a stationary blade; see paragraph [0028]), and at least one pin extending from the stationary blade (hooks 321 are provided on one end of slide arm 32, which extends from the stationary blade; see paragraph [0028] and figs. 4, 5); a locking mechanism (release mechanism 4; see fig. 1), the locking mechanism including a bracket (button base 42; see fig. 11) and a biasing element (hook spring 45; see fig. 7), the biasing element acting upon the bracket with a biasing force to bias the bracket into engagement with the at least one pin (hook spring 45 is biased against button base 42 such that hooks 44 engage with hooks 321; see paragraph [0029] and fig. 5), the bracket slidably movable under the biasing force by the biasing element within an aperture in the housing (button base 42 is configured to slide in and out of release hole 111 of housing 1; see paragraph [0029] and fig. 7), the at least one pin being inserted into the housing to engage the bracket (hooks 321 are inserted within housing 1 to engage hooks 44 of button base 42; see paragraph [0029] and fig. 5); and wherein the at least one pin includes a recess (see annotated portion of fig. 4 below), and wherein the bracket seats in the recess in a locked position of the locking mechanism within the housing caused by the biasing force of the biasing element such that movement of the blade assembly in an unlocking direction parallel to a longitudinal axis of the at least one pin is prevented (hooks 44 are positioned against the recess in a locked position, such that movement of slide arm 32 out of housing 1 is prevented; see paragraph [0029] and fig. 5).
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Regarding claim 2, Zhejiang discloses the limitations of claim 1 as described in the rejection above.
Zhejiang further discloses wherein the at least one pin includes a pair of pins (two hooks 321 are positioned on each side of slide arm 32; see fig. 4), wherein each one of the pair of pins includes the recess (each pin includes a recess; see annotated portion of fig. 4 above).
Regarding claim 3, Zhejiang discloses the limitations of claim 1 as described in the rejection above.
Zhejiang further discloses wherein the biasing element is a spring (hook spring 45; see fig. 7), and wherein the spring is interposed between a base portion of the bracket and a retaining tab of the housing (hook spring 45 is positioned between button base 42, which acts as a base portion, and second spring post 47; see paragraph [0033]).
Regarding claim 4, Zhejiang discloses the limitations of claim 2 as described in the rejection above.
Zhejiang further discloses wherein the bracket includes a pair of pin receiving portions (hooks 44 are configured to receive hooks 321; see paragraph [0029]), wherein each one of the pair of pin receiving portions defines a slot, the slots arranged for receiving the pair of pins, respectively (a groove is formed by hooks 44 and hook plates 43 for retaining hooks 321; see paragraph [0029] and fig. 11).
Examiner notes that Merriam-Webster dictionary defines a slot as being a narrow opening or groove. It is the Examiner’s interpretation that the structure formed by hooks 44 and hook plates 43 constitutes a groove.
Regarding claim 5, Zhejiang discloses the limitations of claim 4 as described in the rejection above.
Zhejiang further discloses wherein each pin receiving portion includes an arcuate surface facing an interior region of the slot (hook plates 43 include an arced surface; see fig. 11).
Regarding claim 6, Zhejiang discloses the limitations of claim 5 as described in the rejection above.
Zhejiang further discloses wherein each arcuate surface of each pin receiving portion is arranged for sliding engagement with a head portion of the pin received in the slot (the arced surface of hook plates 43 is able to slidably engage a tip of hooks 321 when the two structures are engaged/disengaged; see paragraph [0029]).
Regarding claim 7, Zhejiang discloses a hair cutting device, comprising: a housing (housing 1; see fig. 1); a bladeset assembly attached to the housing (blade assembly 2; see fig. 1), the bladeset assembly including a stationary blade, a movable blade that is movable relative to the stationary blade (the hair clipper includes a moving blade and a stationary blade; see paragraph [0028]), and a pair of pins extending from the stationary blade (hooks 321 are provided on one end of slide arm 32, which extends from the stationary blade; see paragraph [0028] and figs. 4, 5); a locking mechanism (release mechanism 4; see fig. 1), the locking mechanism including a bracket (button base 42; see fig. 11) and a biasing element (hook spring 45; see fig. 7), the biasing element acting upon the bracket with a biasing force to bias the bracket into engagement with the pair of pins (hook springs 45 are biased against button bases 42 such that hooks 44 engage with hooks 321; see paragraph [0029] and fig. 5), the bracket slidably movable under the biasing force by the biasing element within an aperture in the housing (button base 42 is configured to slide in and out of release hole 111 of housing 1; see paragraph [0029] and fig. 7), the pair of pins being inserted into the housing to engage the bracket (hooks 321 are inserted within housing 1 to engage hooks 44 of button base 42; see paragraph [0029] and fig. 5); and wherein the bracket includes a pair of pin receiving portions (hooks 44 act as pin receiving portions configured to receive hooks 321; see paragraph [0029]), constructed and arranged to receive the pair of pins such that each one of the pair of pins extends through the pin receiving portion of the bracket, respectively (hooks 321 extend from one end to another end of hooks 44; see paragraph [0029]), such reception of the pins being within the housing and being caused by the biasing force of the biasing element (the connection of hooks 321 and hooks 44 occurs within housing 1, in part from action of hook springs 45; see paragraph [0029]).
Examiner notes that Merriam-Webster defines “through” as a function word to indicate passage from one end of a boundary to another. It is the Examiner’s interpretation that the pair of pins (hooks 321) extend from one end to another of the pin receiving portions (hooks 44).
Regarding claim 8, Zhejiang discloses the limitations of claim 7 as described in the rejection above.
Zhejiang further discloses wherein each one of the pair of pins includes a recess (each pin includes a recess; see annotated portion of fig. 4 above), with each recess arranged such that each pin receiving portion of the pair of receiving portions seats within each recess, respectively (hooks 44 engage hooks 321 within the recesses; see annotated portion of fig. 4 above).
Regarding claim 9, Zhejiang discloses the limitations of claim 7 as described in the rejection above.
Zhejiang further discloses wherein the biasing element is interposed between a base portion of the bracket and a retaining tab of the housing (hook spring 45 is positioned between button base 42, which acts as a base portion, and second spring post 47; see paragraph [0033]).
Regarding claim 10, Zhejiang discloses the limitations of claim 9 as described in the rejection above.
Zhejiang further discloses wherein the movable blade and stationary blade define a cutting line (a cutting line is formed at the teeth of the moving blade and stationary blade; see fig. 5), and wherein the biasing element biases the bracket away from the cutting line (hook springs 45 apply a biasing force that keeps hooks 44 and hooks 321 engaged until a user depresses release mechanism 4, which causes movement of slide arm 32 towards the cutting line; see paragraph [0029]).
Regarding claim 11, Zhejiang discloses the limitations of claim 7 as described in the rejection above.
Zhejiang further discloses wherein the pair of pins are fixedly attached to the stationary blade (hooks 321 of slide arm 32 are fixed to the stationary blade via base plate 31; see paragraph [0028] and figs. 4, 5).
Regarding claim 12, Zhejiang discloses the limitations of claim 7 as described in the rejection above.
Zhejiang further discloses wherein each one of the pair of pin receiving portions defines a slot, the slots arranged for receiving the pair of pins, respectively (a groove is formed by hooks 44 and hook plates 43 for retaining hooks 321; see paragraph [0029] and fig. 11).
Regarding claim 13, Zhejiang discloses the limitations of claim 12 as described in the rejection above.
Zhejiang further discloses wherein each pin receiving portion includes an arcuate surface facing an interior region of the slot (hook plates 43 include an arced surface; see fig. 11).
Regarding claim 14, Zhejiang discloses the limitations of claim 13 as described in the rejection above.
Zhejiang further discloses wherein each arcuate surface of each pin receiving portion is arranged for sliding engagement with a head portion of the pin received in the slot (the arced surface of hook plates 43 is able to slidably engage a tip of hooks 321 when the two structures are engaged/disengaged; see paragraph [0029]).
Regarding claim 15, Zhejiang discloses a hair cutting device, comprising: a housing (housing 1; see fig. 1); a bladeset assembly attached to the housing (blade assembly 2; see fig. 1), the bladeset assembly including a stationary blade, a movable blade that is movable relative to the stationary blade (the hair clipper includes a moving blade and a stationary blade; see paragraph [0028]), the movable blade and stationary blade defining a cutting line (a cutting line is formed at the teeth of the moving blade and stationary blade; see fig. 5), and a pair of pins extending from the stationary blade (hooks 321 are provided on one end of slide arm 32, which extends from the stationary blade; see paragraph [0028] and figs. 4, 5); a locking mechanism (release mechanism 4; see fig. 1), the locking mechanism including a bracket (button base 42; see fig. 11) and a biasing element (hook spring 45; see fig. 7), the bracket including a pair of pin receiving portions (hooks 44 act as pin receiving portions configured to receive hooks 321; see paragraph [0029]), the biasing element acting upon the bracket with a biasing force to bias the bracket into engagement with the pair of pins (hook springs 45 are biased against button bases 42 such that hooks 44 engage with hooks 321; see paragraph [0029] and fig. 5), the bracket slidably movable under the biasing force by the biasing element within an aperture in the housing (button base 42 is configured to slide in and out of release hole 111 of housing 1; see paragraph [0029] and fig. 7), the pair of pins being inserted into the housing to engage the bracket (hooks 321 are inserted within housing 1 to engage hooks 44 of button base 42; see paragraph [0029] and fig. 5); and wherein the biasing element is interposed between a base portion of the bracket and a retaining tab of the housing (hook spring 45 is positioned between button base 42, which acts as a base portion, and second spring post 47; see paragraph [0033]) such that the bracket is biased away from the cutting line within the housing caused by the biasing force of the biasing element (hook springs 45 apply a biasing force that keeps hooks 44 and hooks 321 engaged until a user depresses release mechanism 4, which causes movement of slide arm 32 towards the cutting line; see paragraph [0029]).
Regarding claim 16, Zhejiang discloses the limitations of claim 15 as described in the rejection above.
Zhejiang further discloses wherein each one of the pair of pins includes a recess (each pin includes a recess; see annotated portion of fig. 4 above), with each recess arranged such that each pin receiving portion of the pair of pin receiving portions seats within each recess, respectively (hooks 44 engage hooks 321 within the recesses; see annotated portion of fig. 4 above).
Regarding claim 17, Zhejiang discloses the limitations of claim 16 as described in the rejection above.
Zhejiang further discloses wherein each one of the pair of pin receiving portions defines a slot, the slots arranged for receiving the pair of pins, respectively (a groove is formed by hooks 44 and hook plates 43 for retaining hooks 321; see paragraph [0029] and fig. 11).
Regarding claim 18, Zhejiang discloses the limitations of claim 17 as described in the rejection above.
Zhejiang further discloses wherein each pin receiving portion includes an arcuate surface facing an interior region of the slot (hook plates 43 include an arced surface; see fig. 11).
Regarding claim 19, Zhejiang discloses the limitations of claim 18 as described in the rejection above.
Zhejiang further discloses wherein each arcuate surface of each pin receiving portion is arranged for sliding engagement with a head portion of the pin received in the slot (the arced surface of hook plates 43 is able to slidably engage a tip of hooks 321 when the two structures are engaged/disengaged; see paragraph [0029]).
Regarding claim 20, Zhejiang discloses the limitations of claim 19 as described in the rejection above.
Zhejiang further discloses wherein the pair of pins are fixedly attached to the stationary blade (hooks 321 of slide arm 32 are fixed to the stationary blade via base plate 31; see paragraph [0028] and figs. 4, 5).
Response to Arguments
Applicant’s arguments with respect to claims 1-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: CN 102990683 to Liu, drawn to a clipper with a locking device and detachable clipper head; DE 19850919 to Lebherz, drawn to a hair clipper with cutting length adjustment device.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HALEIGH N WATSON whose telephone number is (571)272-3818. The examiner can normally be reached M-Th 530AM-330PM EST.
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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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/HALEIGH N WATSON/Examiner, Art Unit 3724 /BOYER D ASHLEY/Supervisory Patent Examiner, Art Unit 3724
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