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 .
Election/Restriction
This application contains claims directed to the following patentably distinct species:
A: figs. 1-4D
B: figs. 5-7
C: figs. 8-11
The species are independent or distinct because the claims to the different species recite the mutually exclusive characteristics of such species.
For example, species A recites the mutually exclusive characteristics of a guide 110 defining an aperture 114 and a blade 108 moves linearly in the blade plane 113 and parallel to a top surface 111 of the guide 110; the blade plane 113 extends transverse to (e.g., perpendicular to) a handle plane 115, which are not mutually exclusive characteristics of species B and species C.
Species B recites the mutually exclusive characteristics of the handle portions 506 and 510 and the cutting portions 508 and 512 pivot in a common plane 511; a guide 520 including at least four apertures 522 having a receiving (or top) surface 529, a blade facing (or bottom) surface opposite the receiving surface 529, and a plurality of apertures 522 extending from the receiving surface 529 and through the blade facing surface, the blade facing surface and the receiving surface 529 are substantially parallel to (e.g., within 5°, 4°, 3°, 2°, 1° of parallel) the common plane 511, which are not mutually exclusive characteristics of species A and species C.
Species C recites the mutually exclusive characteristics of a plate 1100 that extends over a track 1102 defined in the first handle portion 806; the track 1102 is configured to slidably receive the guide 820 such that the guide 820 slides within the track 1102 in response to movement of the actuator 824 within the slot 826; an indexer 1104 can be coupled to the first body 802, which are not mutually exclusive characteristics of species A and species B.
In addition, these species are not obvious variants of each other based on the current record.
Applicant is required under 35 U.S.C. 121 to elect a single disclosed species, or a single grouping of patentably indistinct species, for prosecution on the merits to which the claims shall be restricted if no generic claim is finally held to be allowable. Currently, no claims appear generic.
There is a search and/or examination burden for the patentably distinct species as set forth above because at least the following reason(s) apply: different class/subclass search and/or text search for the different mutually exclusive characteristics of each species as stated in the above. For example, in searching species A, one would not need to search for the handle portion layout, the guide 520, apertures 522, etc. as required for species B. Likewise, one would not need to search for the plate 1100, the track 1102, the indexer 1104, etc. as required for species C. Similar examples of different search requirement for species B and species C as listed above based on their different mutually exclusive characteristics.
Applicant is advised that the reply to this requirement to be complete must include (i) an election of a species to be examined even though the requirement may be traversed (37 CFR 1.143) and (ii) identification of the claims encompassing the elected species or grouping of patentably indistinct species, including any claims subsequently added. An argument that a claim is allowable or that all claims are generic is considered nonresponsive unless accompanied by an election.
The election may be made with or without traverse. To preserve a right to petition, the election must be made with traverse. If the reply does not distinctly and specifically point out supposed errors in the election of species requirement, the election shall be treated as an election without traverse. Traversal must be presented at the time of election in order to be considered timely. Failure to timely traverse the requirement will result in the loss of right to petition under 37 CFR 1.144. If claims are added after the election, applicant must indicate which of these claims are readable on the elected species or grouping of patentably indistinct species.
Should applicant traverse on the ground that the species, or groupings of patentably indistinct species from which election is required, are not patentably distinct, applicant should submit evidence or identify such evidence now of record showing them to be obvious variants or clearly admit on the record that this is the case. In either instance, if the examiner finds one of the species unpatentable over the prior art, the evidence or admission may be used in a rejection under 35 U.S.C. 103 or pre-AIA 35 U.S.C. 103(a) of the other species.
Upon the allowance of a generic claim, applicant will be entitled to consideration of claims to additional species which depend from or otherwise require all the limitations of an allowable generic claim as provided by 37 CFR 1.141.
Applicant is reminded that upon the cancellation of claims to a non-elected invention, the inventorship must be corrected in compliance with 37 CFR 1.48(a) if one or more of the currently named inventors is no longer an inventor of at least one claim remaining in the application. A request to correct inventorship under 37 CFR 1.48(a) must be accompanied by an application data sheet in accordance with 37 CFR 1.76 that identifies each inventor by his or her legal name and by the processing fee required under 37 CFR 1.17(i).
A provisional election was made without traverse to prosecute the invention of species A, figs. 1A-4D, claims 1-3,5-7,21-34 in the remarks filed 1/7/2025. Affirmation of this election must be made by applicant in replying to this Office action.
Claim Objections
Claim 28 is objected to because of the following informalities: the limitation of “5opening” appears to be a typographical error. Appropriate correction is required.
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.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-3,6,7,21-27,29-34 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Jui-Tsang (US 20150101194 A1).
For claim 1, Jui-Tsang discloses trimming shears for cutting one or more claws of an animal comprising:
a first handle (20);
a second handle (10), wherein the second handle pivots relative to the first handle;
a guide (70) arranged forward of the first handle, the guide defining an aperture (74) for receiving a respective one of the one or more claws of the animal;
a blade (60,64) extending within a blade plane, the blade being configured to be urged within the blade plane along a blade path between a pre-cut position (the initial position, for example, as shown in fig. 5) and a cut position (the cut position exists when the user grasp the second handle and squeeze towards the first hand) in response to pivotal movement of the second handle relative to the first handle; and
an indexer (80) configured to adjust the pre-cut position of the blade relative to the aperture by the indexer moving the blade with a corresponding movement of the indexer, such that a maximum insertion distance of the respective claw within the aperture is at least partially defined by the pre-cut position of the blade (para. 0015 states that the user can adjust the indexer 80 to set the position as desired for the blade 60 against the guide 70).
For claim 2, Jui-Tsang discloses the trimming shears of claim 1, and further discloses wherein the blade defines a cutting edge (64), the cutting edge having an arcuate shape (as shown in fig. 1).
For claim 3, Jui-Tsang discloses the trimming shears of claim 1, and further discloses wherein the aperture is circular (74 is circular as shown in fig. 1).
For claim 6, Jui-Tsang discloses the trimming shears of claim 1, and further discloses wherein a rotation of the indexer causes a corresponding linear movement of the blade, adjusting the pre-cut position of the blade (per para. 0015).
For claim 7, Jui-Tsang discloses the trimming shears of claim 1, and further discloses wherein the indexer is configured to adjust the blade between at least four two different predetermined pre-cut positions (functional recitation to which the indexer 80 of Jui-Tsang can perform the intended function of configured to adjust the blade as many positions as the user wishes by rotating the indexer 80 per para. 0015).
For claim 21, Jui-Tsang discloses the trimming shears of claim 1, and further discloses wherein: a body (30,20,22) defines the first handle; the second handle is pivotally coupled to the body; and the guide extends from the body (as shown in figs. 1 & 5).
For claim 22, Jui-Tsang discloses the trimming shears of claim 1, and further discloses wherein: the second handle pivots relative to the first handle in a handle plane (as the user squeezes the second handle towards the first handle, an imaginary handle plane can be drawn); and the blade plane is transverse to the handle plane (as shown in figs. 1,5).
For claim 23, Jui-Tsang discloses the trimming shears of claim 1, and further discloses wherein the blade plane is perpendicular to the handle plane (as explained in the above claim 22).
For claim 24, Jui-Tsang discloses the trimming shears of claim 1, and further discloses wherein the blade moves linearly, and parallel to a top surface of the guide (as shown in figs. 1,5, the blade 60 moves linearly back and forth as the user squeezes the second handle towards the first handle to cut the nail).
For claim 25, the limitations have been explained in the above, thus, please see above claim 1.
For claim 26, the limitations have been explained in the above, thus, please see above claim 2.
For claim 27, the limitations have been explained in the above, thus, please see above claim 3.
For claim 29, the limitations have been explained in the above, thus, please see above claim 6.
For claim 30, the limitations have been explained in the above, thus, please see above claim 7.
For claim 31, the limitations have been explained in the above, thus, please see above claim 21.
For claim 32, the limitations have been explained in the above, thus, please see above claim 22.
For claim 33, the limitations have been explained in the above, thus, please see above claim 23.
For claim 34, the limitations have been explained in the above, thus, please see above claim 24.
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 5,28 are rejected under 35 U.S.C. 103 as being unpatentable over Jui-Tsang (as above) in view of Takasu (JP 2019068979 A, machine translation provided and will be referred to herein).
For claim 5, Jui-Tsang teaches the trimming shears of claim 1, but is silent about wherein the indexer includes an indicator configured to provide an indication of an effective opening area of the aperture.
Takasu teaches in the same field of endeavor of trimming shears, the shears of Takasu comprising an indexer (9) includes an indicator (94) configured to provide an indication of an effective opening area of the aperture (aperture of cutting from ref. 21,31, see fig. 2(a) to fig. 2(b)). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include an indicator as taught by Takasu for the indexer of Jui-Tsang in order to provide a scale or indication of the degree of adjustment level of the indexer.
For claim 28, the limitations have been explained in the above, thus, please see above claim 5.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure of a trimming shears:
US 20100107989 A1 teaches Animal nail clipper
JP 2019068979 A teaches blade gap adjusting nail cutter
US 5918375 A teaches Nail clipper with measuring gauge
US 9848581 B1 teaches Internally lighted nail trimmer
US 5065513 A teaches Artificial fingernail clipper
US 4856190 A teaches Single cut clipper for artificial nails
CN 110178749 A teaches A pet toe nail scissors
KR 101978625 B1 teaches Claw sharpener for companion animals
CN 107182827 A teaches Safety pet toe nail scissors
DE 202014102553 U1 teaches pet nail clippers
WO 2015138813 A1 teaches adjustable claw shearing devices and methods of using same
KR 20200055899 A teaches a claw clipper for pet.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SON T NGUYEN whose telephone number is (571)272-6889. The examiner can normally be reached 9:00 to 4:00.
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/Son T Nguyen/Primary Examiner, Art Unit 3643