DETAILED ACTION
Claim Rejections - 35 USC § 112
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 2-11, 20, and 21 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 2 recites the limitation "an external force" in line 2. Claim 1 also recites "an external force " at its line 3. The examiner cannot determine whether double inclusion is intended. Correction is required.
Claim Rejections - 35 USC § 102
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.
Claim(s) 1-11, 20, and 21 is/are rejected under 35 U.S.C. 102(a)(1) as being disclosed by Wilhelm (DE10024083 C1).
Wilhelm discloses the invention including:
Claim; a grip portion (1 and 6) and a cutting portion 4-5, wherein the cutting tool further comprises a blade feeding member 9, the blade feeding member coupled to the cutting portion, the blade feeding member configured to be actuated by an external force (e.g. thumb) to put a material to be cut into a ready-to-be-cut state.
Claim 2; wherein the cutting portion comprises a first portion 5 and a second portion 2, the first portion configured to be actuated by an external force (e.g. thumb) to pivot toward a closed position or away relative to the second portion.
Claim 3; wherein the blade feeding member is coupled (see para. 0024) to the first portion in order to actuate the first portion.
Claim 4; wherein the first portion comprises a ratchet blade (see Fig. 1), the ratchet blade configured to be able to pivot about a first axis of rotation 3, and the blade feeding member is configured/capable so that the ratchet blade pivots an amount exceeding two times a ratcheting angle increment.
Claim 5; wherein the blade feeding member comprises a first pin shaft (see para. 0024, bolt 9), the first pin shaft coupled to the cutting portion, thereby coupling the blade feeding member to the cutting portion.
Claim 6; wherein the second portion comprises a guide channel 8 for receiving the first pin shaft and limiting a direction of movement for the first pin shaft.
Claim 7; wherein the guide channel is arc-shape (see Fig. 1) and arranged circumferentially around the first axis of rotation.
Claim 8; wherein the second portion comprises a housing (2 and 10) and the guide channel comprises a cutout (see Fig. 1) provided in the housing.
Claim 9; wherein the blade feeding member comprises a raised ring (the top section of the bolt 9) which divides the first pin shaft into a first section (the top section of the bolt 9) and a second section (shaft).
Claim 10; wherein the raised ring is configured to confine the first section within the housing (see Fig. 1).
Claim 11; wherein the ratchet blade comprises a first contact portion (the ends of the slot/channel 8) and the first pin shaft actuates the ratchet blade by contacting the first contact portion and applying pressure.
Claim 20; wherein the ratchet blade comprises an avoidance portion 8.
Claim 21; wherein the avoidance portion comprises a circumferentially-arranged arc-shaped notch (see Fig. 1).
Allowable Subject Matter
Claims 12-19 and 22 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to OMAR FLORES SANCHEZ whose telephone number is (571)272-4507. The examiner can normally be reached Monday thru Thursday8:00-4:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Adam Eiseman can be reached at 571-270-3818. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/OMAR FLORES SANCHEZ/Primary Examiner, Art Unit 3724
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