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 (from the PDX).
Drawings
There are 22 figures that have not been thoroughly checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in these figures.
For examples, the drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the capacitive sensing element and the fingerprint recognition element in claim 18 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Specification
The lengthy specification (41 pages) has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Claim Objections
Claim 1 is objected to because of the following informalities:
Claim 1, between lines 1-3, delete extra lining spaces. Appropriate correction is required.
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.
Claim 21 is rejected under 35 U.S.C. 103 as being unpatentable over Gan (CN211703762U, Translation, art of record) in view of Manheimer et al (US 2007/0137041) hereinafter Manheimer.
Regarding claim 21, Gan shows a nail clipper (Figures 1-3), comprising: a housing body (an outer shell or case13-14) having an access hole ( end of cover 51 for allowing the parts 53, 521 exposed);
a cutter assembly (52, 53, 521) mounted to said housing body, wherein said cutter assembly comprises a motor (2) and a cutter blade (521) which is aligned with said access hole (Figure 1) and operatively coupled with said motor (see discussion of the motor 2),
wherein said cutter assembly comprises a blade housing (53) having a cutter slot (see an opening, Figure 4),
wherein said cutter blade is rotatably disposed in said blade housing (see the discussion of the motor for rotating the blade 52, Figure 4), wherein said cutter slot is aligned with said access hole (see Figure 1); and
a control assembly which comprises a controller (3).
However, Gan fails to discuss “an angle detection sensor operatively coupled to said controller, wherein said angle detection sensor is configured to monitor an orientation of the nail clipper during use”.
Manheimer shows a nail clipper (Figure 1) that can be a shearing or grinding processes (Para.23), wherein the clipper includes “an angle detection sensor operatively coupled to a controller, wherein said angle detection sensor is configured to monitor an orientation of the nail clipper during use” as discussed in the Abstract “ a sensing means which allows the nail to be localized in a desired position relative to the clipping plane of the clipper” and also see Para. 19 “The user then moves the clipper sensor assembly in a proximal direction along the nail until the light pattern indicates that the sensor detects the presence of quick in the cutting zone”.
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 clipper of Gan to have an angle detection sensor relative with a nail by a pattern of colored lights that indicates the structure adjacent to the sensor means (Para. 19), as taught by Manheimer, in order to allow to clipper only nail while avoiding the quick (Para. 19 of Manheimer).
Allowable Subject Matter
Claim 22 is 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: Claim 22 is free of prior arts because the prior art does suggest or teach that said control assembly comprises an angle detection sensor to monitor an orientation of the electric automatic nail clipper that includes all of the limitations of the base claim and any intervening claims as “a power module electrically connected to said controller, a lighting element, a power switch and an operation switch, wherein when said power switch is switched on, said lighting element is turned on, when said operation switch is turned on, said motor is activated to drive said cutter blade to rotate”, as set in the previous office action mailed on 05/27/2026.
Response to Arguments
Applicant’s arguments with respect to claim 21 has 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. See the new rejection by a new art above.
With regards to new claim 21, it is not considered in condition for allowance because it does not include all of the limitations of the base claim and any intervening claims as stated in the previous office action (until claim 22, see the statement of reasons for the indication of allowable subject matter above).
With regards to “an angle detection sensor”, as the claim is written, it is unclear what type of the sensor be and how it can meet the “angle detection”, therefore, the art above including a sensor for detecting a position or location of nail relative with the clipper meet this “angle” detection sensor. See Para. 19 of Manheimer states that “The user then moves the clipper sensor assembly distally along the nail until the light pattern indicates the sensor detects only nail. Using the light pattern, the user adjusts the position of the clipper means to the desired trimming location while avoiding the quick. The clipper means is then activated and the cut is made” which meets the constitution of an angle detection sensor.
However, if Applicant still believes that the claimed invention’s apparatus/method different from the prior art’s apparatus/method or needs to discuss the rejections above or suggestion amendments that can be overcome the current rejections, Applicant should feel free to call the Examiner to schedule an interview.
Conclusion
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 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.
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/NHAT CHIEU Q DO/Primary Examiner, Art Unit 3724 9/24/2026
