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 .
DETAILED ACTION
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.
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.
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:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
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 “adjustment mechanism”, in claims 1, and 8.
With regard to the term “adjustment mechanism”:
first, the term “mechanism” is a generic placeholder for “means”; second, the generic placeholder is modified by the functional language “adjustment”; third, the generic placeholder is not modified by sufficient structure for performing the claimed function – e.g., the term “adjustment” preceding the generic placeholder describes the function, not the structure, of the adjustment mechanism.
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.
Examiner notes that the Claim limitations of Claims 13 and 20, reading “adjustment mechanism” are not being treated under 35 USC 112(f) even though the limitation uses a generic placeholder that is coupled with functional language, because the claim recites sufficient structure to perform the recited function.
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 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by USPGPUB 20210206008, Anwar.
Regarding Claim 1, Anwar discloses a bladeset (fixed blade 60 movable blade 76) for an electric hair cutting device (par. 0052), comprising:
a stationary blade (combination of parts 60, 68, and 72) including a plurality of teeth (72) and including at least one guide rail (80) extending transversely from a base surface of the stationary blade (fig. 4);
a moving blade 76 including a plurality of teeth (84), the moving blade operable to reciprocate in first and second cutting directions relative to the stationary blade to produce a cutting action (par. 0080, arrows 124. Fig 3);
an adjustment mechanism 140 operably coupled to the moving blade to adjust the moving blade in first and second adjustment directions (par 0059, arrows 160. fig 5), wherein the first and second adjustment directions are perpendicular to both the first and second cutting directions (compare figs 3 and 5);
a blade guide (combination of plate 136 and bracket 114, fig. 6) including at least one guide channel formed therein (space between legs 110, fig 4); and
wherein the at least one guide rail (80) extends at least partially into the at least one guide channel 104 and is in contact with the moving blade (fig’s. 3-4; and see: fig. 5, which show that the blade guide extends all the way until it contacts top of blade 76 at 104).
Claims 1-4 and 8-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by USPGPUB 20090144988, to Lau.
Regarding Claim 1, Lau discloses a bladeset (combination of the parts 1-6) for an electric hair cutting device (par. 0005, motor driven), comprising:
a stationary blade 2 including a plurality of teeth (as shown in fig. 4) and including at least one guide rail (combination of surfaces 515 and the raised surface shown in annotated fig. 4, below; rail is defined in Merriam Webster’s Dictionary as “a structural member or support”, and the combination of the parts shown below meet this definition) extending transversely from a base surface of the stationary blade (see annotated fig 4 below)
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a moving blade (combination of parts 1, 5, 42, 52, and 51, fig 3) (par. 0022) including a plurality of teeth (as shown in fig. 1 annotated below), the moving blade operable to reciprocate in first and second cutting directions (par. 0022, annotated fig 1 below) relative to the stationary blade to produce a cutting action (par. 0022)
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an adjustment mechanism (push lever 6) operably coupled to the moving blade to adjust the moving blade in first and second adjustment directions (par. 0026), wherein the first and second adjustment directions are perpendicular to both the first and second cutting directions (annotated fig 1 below);
a blade guide (31 and 45, see annotated fig 4 below) including at least one guide channel formed therein (see annotated fig 5 below); and
wherein the at least one guide rail (515) extends at least partially into the at least one guide channel (see annotated fig 4 below) and is in contact with the moving blade (see par 0025 where it is disclosed that “A plurality of supporting ribs 515 are provided underneath the spring holder 5 to support forward and backward movements of the spring holder 5”).
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Regarding Claim 2, in Lau the at least one guide rail includes first and second guide rails (515) arranged parallel to one another (fig 4) and wherein the at least one guide channel includes first and second guide channels arranged parallel to one another (see annotated fig. 4 below), the first guide rail extending into the first guide channel, the second guide rail extending into the second guide channel (see annotated fig. 4 below).
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Regarding Claim 3, in Lau the stationary blade (2) includes a guide surface (see annotated fig 4 below), wherein at least a portion of the guide surface is parallel to at least a portion of the base surface (see annotated fig 4 below).
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Regarding Claim 4, in Lau, the moving blade (1) includes a first end (where the teeth are present) and a second end opposite the first end (second end being at 52), the plurality of teeth of the moving blade formed at the first end (Fig. 3), wherein the second end includes at least one heel portion 43, and wherein the blade guide includes at least one guide depression, wherein the at least one heel portion is received within the at least one guide depression (see fig 2, annotated below).
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Regarding Claim 8, Lau discloses a bladeset (combination of the parts 1-6) for an electric hair cutting device (par. 0002, motor driven), comprising:
a stationary blade 2 including a plurality of teeth (as shown in fig. 4) and including at least one blade guide receiving channel formed in a sidewall of the stationary blade (see annotated fig 4 below),
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a moving blade 1 including a plurality of teeth (see annotated fig 3 below), the moving blade operable to reciprocate in first and second cutting directions relative to the stationary blade to produce a cutting action (see par. 0022);
an adjustment mechanism 6 operably coupled to the moving blade to adjust the moving blade in first and second adjustment directions, wherein the first and second adjustment directions are perpendicular to both the first and second cutting directions (par. 0025)(see annotated fig 3 below);
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a blade guide (combination of portions 4 and 5) contacting the stationary blade (see fig. 1), the blade guide including at least one guide portion (); and wherein the at least one guide portion of the blade guide is received within the at least one blade guide receiving channel of the stationary blade.
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Regarding Claim 9, in Lau, the at least one blade guide receiving channel of the stationary blade includes a first blade guide receiving channel and a second blade guide receiving channel, and wherein the at least one blade guide portion of the blade guide includes a first blade guide portion and a second blade guide portion, the first blade guide portion received within the first blade guide receiving channel, the second blade guide portion received within the second blade guide receiving channel (since the channel and guide portion are shown in fig 2 to be on both sides of the stationary blade and blade guide 5).
Regarding Claim 10, in Lau, the at least one blade guide receiving channel includes a first blade guide receiving channel and a second blade guide receiving channel arranged parallel to the first blade guide receiving channel, the first blade guide receiving channel formed in a first sidewall of the stationary blade, and the second blade guide receiving channel formed in a second sidewall of the stationary blade (since the channel and guide portion are shown in fig 2 to be on both sides of the stationary blade and blade guide 5).
Claims 13-17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by CN214213885, Mao.
Regarding Claim 13, Mao discloses a bladeset (blades 1 and 2) for an electric hair cutting device (Abstract), comprising:
a stationary blade (combination of parts 1, and 3) including a plurality of teeth (fig. 2) and including a cavity (e.g. space between blade 1 and shell 3, interior of shell); a moving blade (2) including a plurality of teeth (See fig. 2),
the moving blade operable to reciprocate relative to the stationary blade (third to last par. before Claims) to produce a cutting action (third to last par. before Claims “When using, the cutter head assembly is fixedly mounted on the electric hair cutter main machine; the transmission mechanism of the main machine is connected with the transmission block 204 of the movable cutter frame 202; the motor or gear of the main machine drives the movable cutter frame 202 and the movable blade 201 to move back and forth to trim”); a blade guide (202) contacting the stationary blade (see annotated fig 2 below); an adjustment mechanism (4 and 304) including a taper lever 4 and an armature (5 and 6 and 7),
the armature operably coupled between the taper lever and the blade guide such that the blade guide and the moving blade are movable relative to the stationary blade upon actuation of the taper lever (see fourth to final par. before claims where it is noted: “a movable blade 201 is fixedly mounted on the movable knife rest 202; the movable knife rest 202 is provided with a first mounting groove for mounting the first leg 701 203. torsion spring the first leg 701 and the second leg 702 drives the movable knife rest 202 and movable blade 201 to slide up and down, so as to adjust the distance between the movable blade and the fixed blade. the mounting shell 3 is provided with a mounting sliding bracket 5 of the second mounting groove 302; the sliding bracket 5 can slide up and down in the second mounting groove 302; the sliding bracket (5) is provided with a third mounting groove (502) for mounting the torsion spring (7), and the mounting is stable; the mounting shell 3 is provided with a through groove 303 for mounting the first leg 701, the first leg 701 through the through groove 303. the mounting shell 3 is provided with a hinge shaft 304; the adjusting sheet 4 is provided with a hinge hole corresponding to the hinge shaft 304 406; the toggle adjusting sheet 4, the adjusting sheet 4 to the hinge shaft 304 as the rotating shaft to rotate, the rotation is flexible; the mounting shell 3 is provided with a fourth mounting groove for mounting the hinge shaft 304 305, stable mounting, good structure stability”); and
wherein the armature is pivotally mounted to the stationary blade (via hinge pin 304 of shell 3, about which the part 4 and the part 5, together, are hinged relative to the blade 1, fourth to last par. prior to the Claims section; and see: fig. 4).
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Regarding Claim 14, in Mao, the stationary blade (1 and 3) includes a base surface and a guide surface, wherein at least a portion of the base surface is parallel to at least a portion of the guide surface (annotated fig 5 below).
Regarding Claim 15, in Mao, the cavity of the stationary blade is interposed between the base surface and the guide surface (space between base and guide portions as annotated).
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Regarding Claim 16, in Mao, the armature 5 is pivotally mounted on the stationary blade (at the pivot part 304 through arm 4) about a pivot axis (defined by the pin 304), the pivot axis defined by a pivot pin extending from the stationary blade and wherein the armature includes a pin portion 6 extending upwardly from a base portion (fig. 4).
Regarding Claim 17, in Mao the pin portion (304, defined by opening 305, fig. 5) extends through a slot 305 of a guide plate of the stationary blade (see annotated fig. 5, shown below).
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Claim Rejections - 35 USC § 103
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 of this title, 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.
Claims 11-12 are rejected under 35 U.S.C. 103 as being unpatentable over Lau as applied to claim10 above, and further in view of Mao.
Lau lacks the apparatus having wherein the stationary blade includes a base and a guide plate, the guide plate positioned within a cavity of the base (Claim 11), and the guide plate defines a guide surface, the blade guide slidable on the guide surface (claim 12).
Mao discloses a reciprocating trimmer, in the same field of endeavor as the reciprocating trimmer of the present invention and discloses that such a system includes a wherein a stationary blade (combined parts 1 and 3) includes a base (combination of blade 1 and perimeter of shell 3) and a guide plate (302 and 301), the guide plate positioned within a cavity of the base (cavity defined by the space between blade 1 and shell 3) (Claim 11), and the guide plate defines a guide surface (third par. under the “Specific Implementation examples” section, where it is disclosed “ the sliding bracket 5 can slide up and down in the second mounting groove 302”), a blade guide 5 slidable on the guide surface (third par. under the “Specific Implementation examples” section) (claim 12), in order to provide a stable mounting of the blade guide (third par. under the “Specific Implementation examples” section).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Lau by including wherein the stationary blade includes a base and a guide plate, the guide plate positioned within a cavity of the base (Claim 11), and the guide plate defines a guide surface, the blade guide slidable on the guide surface (claim 12), in order to provide a stable mounting of the blade guide, as taught by Mao.
Claims 20 is rejected under 35 U.S.C. 103 as being unpatentable over Mao as applied to claim 13 above, and further in view of USPGPUB 20250135668 Snow, priority date, 10-31-23.
Mao lacks the apparatus having an adjustment mechanism includes a first gear member, a second gear member, and a biasing element, the first gear member second gear member, and biasing element situated within a cavity of the taper lever, the biasing element biasing the first gear member into engagement with the second gear member, the first gear member movable relative to the second gear member upon actuation of the taper lever.
Snow discloses a reciprocating trimmer, in the same field of endeavor as the reciprocating trimmer of the present invention and discloses that such a system includes an adjustment mechanism (18, 36, 62, 96) includes a first gear member (80), a second gear member (78), and a biasing element (94), the first gear member second gear member, and biasing element situated within a cavity of a taper lever (See: Fig.11), the biasing element biasing the first gear member into engagement with the second gear member (Par. 0046), the first gear member movable relative to the second gear member upon actuation of the taper lever (Par. 0046) in order to provide a tactile indexed or ratcheting sensation for the operator moving the adjustment lever for adjusting the position of the stationary blade 20 relative to the moving blade 30 (par 0046).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Mao by including wherein the adjustment mechanism includes a first gear member, a second gear member, and a biasing element, the first gear member second gear member, and biasing element situated within a cavity of the taper lever, the biasing element biasing the first gear member into engagement with the second gear member, the first gear member movable relative to the second gear member upon actuation of the taper lever in order to provide a tactile indexed or ratcheting sensation for the operator moving the adjustment lever for adjusting the position of the stationary blade 20 relative to the moving blade 30 as taught by Snow.
Allowable Subject Matter
Claims 5-7 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.
The following is a statement of reasons for the indication of allowable subject matter: The closest prior art of reference are disclosed above in the form of Lau and Anwar and teach aspects of reciprocable trimmers having the features set forth above. However, none of the references, alone or in combination, disclose that the reciprocating trimming device include: Regarding Claim 5, in Lau, the at least one heel portion includes a first heel portion and a second heel portion, wherein the at least one guide depression includes a first guide depression and a second guide depression, the first heel portion received in the first guide depression, the second heel portion received in the second guide depression (Claim 5) and at least one guide depression and the at least one guide channel intersect, such that the at least one heel portion is movable within the at least one guide depression perpendicularly to the at least one guide channel (at least one guide depression and the at least one guide channel intersect, such that the at least one heel portion is movable within the at least one guide depression perpendicularly to the at least one guide channel, Claim 6, and wherein the at least one guide depression and the at least one guide channel intersect such that the at least one guide rail supports the at least one heel portion within the at least one guide depression Claim 7. Furthermore, none of these references by themselves or in combination with the other prior art cited teach the claimed invention set forth in Claims 5-7.
Claims 18-19 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.
The following is a statement of reasons for the indication of allowable subject matter: The closest prior art of reference are disclosed above in the form of Lau and Anwar and teach aspects of reciprocable trimmers having the features set forth above. However, none of the references, alone or in combination, disclose that the reciprocating trimming device include wherein the pin portion extends into a guide structure of the blade guide, the guide structure of the blade guide positioned within a guide opening of the moving blade, in combination with the reaming features of claim 17 (Claim 18), or the base portion of the armature includes a cam surface, the cam surface in slidable engagement with a pin extending from the taper lever, in combination with the reaming features of claim 16 (Claim 19). Furthermore, none of these references by themselves or in combination with the other prior art cited teach the claimed invention set forth in Claims 18-19.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. USPNs/USPGPUBs 2025137 20190009418 9545729 11267148 8806757 11148307 6536116 2484610 11179861 4328616 10967530 11577415 7748123 8769828 3280456 3430342 state of the art Cam 3531862 20180056533 6742262 3613234 20210408863 20250135668 2726447 20250135668, 20190009418 6742262 3613234 7234242 20190009418 2778107 3531862 2726447 disclose state of the art adjustors for clippers, while USPN/USPGPUBs 11504864 20240190031 20080282550 3531862 20200376694 2020037669 disclose pivoting armature clipper assemblies. Thus, each of these references disclose elements relevant to the present invention/application.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FERNANDO A AYALA whose telephone number is (571)270-5336. The examiner can normally be reached Monday-Friday 9am-5pm Eastern standard.
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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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/FERNANDO A AYALA/Examiner, Art Unit 3724
/BOYER D ASHLEY/ Supervisory Patent Examiner, Art Unit 3724
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