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
Objection to the Specification
The disclosure is objected to because of the following informalities:
(1) In paragraph [0001], line 2, after “2021,”, --now U.S. Patent No. 12,246,464--should be added.
Appropriate correction is required.
Claim Rejection
Claims 5 and 11-20 are objected to because of the following informalities:
(1) In claim 5, line 2, after “direction”, --,-- should be added.
(2) In claim 5, line 3, after “direction” (first occurrence), --,-- should be added.
(3) In claim 11, line 11, “is” should read --are--.
Appropriate correction is required.
Claim Rejection - 35 U.S.C. 112(a)
1. The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
2. Claims 1-10 and 20 are rejected under 35 U.S.C. 112(a) as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, at the time the application was filed, had possession of the claimed invention.
(1) In claim 1, lines 9-10 contain new matter. Specifically, the limitation “the blade storage mechanism is accessible only when the blade carrier is rotated by a first predetermined angle” has no support from the specification as originally filed. The blade storage mechanism 1724 is shown in Fig.17 and described in paragraph [0050] of the specification. However, there is no description for this claimed limitation in paragraph [0050] or elsewhere in the specification.
(2) The limitation cited at lines 2-4 of claim 4 has no support from the original specification.
(3) In claim 20, lines 1-2 contain new matter. Specifically, the limitation “wherein in the closed state, at least a portion of the blade carrier sits within the blade storage mechanism” has no support from the original specification.
Claim Rejection - 35 U.S.C. 112(b)
1. 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.
2. Claims 6 and 20 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
(1) In claim 6, “operation of the push button causes the blade carrier to rotate around the first pivot point” is misleading. As the disclosed invention is understood (see paragraph [0023]), the blade carrier 104 has to be rotated around the first pivot point 108 to expose the push button 112 (see Figs.1-2). Operation of the push button 112a (see Fig.5) causes the lift bar 120 to disengage from the blade 106, thus enabling a user to remover the blade 106 from the blade carrier 104 (see paragraph [0027], lines 3-11 of the specification).
(2) In claim 20, lines 1-2, “a portion of the blade carrier sits within the blade storage mechanism” does not make sense. It appears “sits within the blade storage mechanism” should read --sits within the handle--.
Claim Rejection - 35 U.S.C. 102(a)(1)
1. 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.
2. Claims 1, 3-9, 11, 12, 15, 18 and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Squiers et al. (U.S. Patent No. 10,144,139, hereinafter “Squiers”).
Regarding claim 1, Squiers discloses a knife (10) comprising:
a handle (12);
a blade carrier (14) rotatable about a first pivot point (P1, see Fig. 4 as annotated below, and column 3, lines 35-36) of the handle (12);
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a blade storage mechanism (32) rotatable about a second pivot point (P2, see the annotated Fig.4 and column 4, lines 2-4) of the handle (12); and
a blade (28) removably disposed within the blade carrier (14);
wherein the handle (12) includes a recessed region (65, see Fig.4 and column 3, lines 39-41) configured to accommodate a first portion of the blade carrier (14) and the blade storage mechanism (32); and
wherein the blade storage mechanism (32) is accessible only when the blade carrier (14) is rotated by a first predetermined angle (see column 5, lines 2-5., e.g., the blade carrier 14 needs to be rotated to a predetermined angle from the position shown in Fig.8 relative to the handle 12 so that the enlarge surface 60 of the blade carrier 14 no longer blocks the access to the blade storage mechanism 32).
Regarding claim 3, Squiers’ first pivot point (P1, see the annotated Fig.4) is located near a first end (18) of the handle (12), and the second pivot point (P2) is located at a second end (20) of the handle (12) that is distal to the first end (18).
Regarding claim 4, Squiers’ knife (10) is configured to have an open state (Fig.3) and a closed state (Fig.2), wherein when in the closed state (Fig.2), to access the blade storage mechanism (32), the blade carrier (14) is rotated out of the recessed region (65, see Fig.4) followed by the blade storage mechanism (32) being rotated out of the recessed region (32).
Regarding claim 5, Squiers’ blade carrier (14) is rotated out of the recessed region (65) in a first direction (e.g., counterclockwise direction as seen in Fig.4), the blade storage mechanism (32) is rotated out of the recessed region (65) in a second direction (e.g., clockwise direction as seen in Fig.4) ,and wherein the first/counterclockwise direction is opposite to the second/clockwise direction.
Regarding claim 6, Squiers’ knife (10) further comprises a push button (24), and wherein operation of the push button (24) causes the blade carrier (14) to rotate around the first pivot point (P1, see column 5, lines 6-30).
Regarding claim 7, Squiers’ blade storage mechanism (32) includes a pocket (66, see Fig.4 and column 4, lines 4-6) configured to store one or more blades (28).
Regarding claim 8, Squiers’ handle (12) comprises a first portion (61) and a second portion (62), wherein the first portion (61) is physically coupled to the second portion (62), using one or more fasteners (F, see the annotated Fig.4).
Regarding claim 9, Squiers’ blade carrier (14) is rotatable around a first axis (A1, see the annotated Fig.4), and the blade storage mechanism (32) is rotatable around a second axis (A2).
Regarding claim 11, Squiers discloses a utility knife (10) comprising:
a handle (12) including a first portion (61) and a second portion (62), the first portion (61) and the second portion (62) together defining a recessed region (65, see column 3, lines 39-41), the handle (12) having a first end (18) and an opposing second end (20);
a blade carrier (14) coupled to the first end (18) of the handle (12) and configured to rotate about a first pivot point (P1, see the annotated Fig.4) proximate to the first end (18) of the handle (12); and
a blade storage mechanism (32) coupled to the second end (20) of the handle (12) and rotatable about a second pivot point (P2, see the annotated Fig.4) that is proximate to the second end (20) of the handle (12), wherein the utility knife (10) is configured to have a closed state (see Fig.2) and an open state (see Fig.4), and wherein in the closed state (Fig.2), a first portion of the blade carrier (14) and the blade storage mechanism (32) is disposed within the recessed region (65).
Regarding claim 12, to access Squiers’ blade storage mechanism (32) when the utility knife (10) is in the closed state (Fig.2), the blade carrier (14) is rotated around the first pivot point (P1) followed by rotating the blade storage mechanism (32) around the second pivot point (P2).
Regarding claim 15, Squiers’ blade storage mechanism (32) is sized and shaped to store a blade (28) when the blade (28) is removed from the blade carrier (14).
Regarding claim 18, Squiers’ blade carrier (14) is rotatable around a first axis (A1, see the annotated Fig.4), and the blade storage mechanism (32) is rotatable around a second axis (A2, see the annotated Fig.4).
Regarding claim 20, in the closed state (see Fig.2), at least a portion of Squiers’ blade carrier (14) sits within the handle (12, see Fig.8).
Claim Rejection - 35 U.S.C. 103
1. 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.
2. Claims 1, 2, 11, 13 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Qiu (U.S. Patent Application Publication No. 2012/0260505) in view of Squiers et al. (U.S. Patent No. 10,144,139, hereinafter “Squiers”).
Regarding claim 1, Qiu discloses a knife (see Figs.1-2) comprising:
a handle (1);
a blade carrier (2) rotatable about a first pivot point (4) of the handle (1);
a blade (3) removably disposed within the blade carrier (2); and
wherein the handle (1) includes a recessed region (see Fig.2 not numbered) configured to accommodate a first portion of the blade carrier (2) substantially as claimed except Qiu’s knife lacks a blade storage mechanism.
Squires shows a knife (10) comprising a handle (12), a blade carrier (14) rotatable about a first pivot point (P1, see the annotated Fig.4) of the handle (12), and a blade storage mechanism (32) rotatable about a second pivot point (P2, see the annotated Fig.4) of the handle (12), wherein the blade storage mechanism (32) is accessible only when the blade carrier (14) is rotated by a first predetermined angle (see column 5, lines 2-5., e.g., the blade carrier 14 needs to be rotated to a predetermined angle from the position shown in Fig.8 relative to the handle 12 so that the enlarge surface 60 of the blade carrier 14 no longer blocks the access to the blade storage mechanism 32).
Thus, it would have been obvious to one skilled in the art to modify Qiu by providing the knife with a blade storage mechanism rotatably coupled to the handle (1) at a pivot point for storing spare blades as taught by Squires.
Regarding claim 2, Qiu’s knife further comprises a blade release mechanism (8,10) disposed within the blade carrier (2), the blade release mechanism (8,10) comprising a lift bar (8) and a spring (10).
Regarding claim 11, Qiu discloses a utility knife comprising:
a handle (1) including a first portion (P1, see Fig.2 as annotated below) and a second portion (P2), the first portion (P1) and the second portion (P2) together defining a recessed region (R), the handle (1) having a first end (E1) and an opposing second end (E2); and
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a blade carrier (2) coupled to the first end (E1) of the handle (1) and configured to rotate about a first pivot point (4, see Fig.1) proximate to the first end (E1) of the handle (1) substantially as claimed except Qiu’s knife lacks a blade storage mechanism.
Squiers shows a knife (10) comprising a handle (12) including a first end (18) and an opposing second end (20), a blade carrier (14) coupled to the first end (18) of the handle (12) and rotatable about a first pivot point (P1, see the annotated Fig.4), a blade storage mechanism (32) coupled to the second end (20) of the handle (12) and rotatable about a second pivot point (P2, see the annotated Fig.4) that is proximate to the second end (20) of the handle (12), wherein the utility knife (10) is configured to have a closed state (see Fig.2) and an open state (see Fig.4), and wherein in the closed state (Fig.2), a first portion of the blade carrier (14) and the blade storage mechanism (32) are disposed within the recessed region (65).
Therefore, it would have been obvious to one skilled in the art to modify Qiu by providing the knife with a blade storage mechanism rotatably coupled to the handle (1) at the second end (E2) of the handle (1) for storing spare blades as taught by Squires.
Regarding claim 13, Qiu’s blade carrier (2) further comprises a blade release mechanism (8,10) that includes a lift bar (8) and a spring (10), and the lift bar (8) is operable to move from a first position (Fig.5) to a second position (Fig.6).
Regarding claim 14, in the second position (Fig.6), Qiu’s lift bar (8) is in contact with the spring (10).
3. Claims 1, 10, 11, 16, 17 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Scimone et al. (U.S. Patent Application Publication No. 2021/0354318, hereinafter “Scimone”) in view of Squiers et al. (U.S. Patent No. 10,144,139, hereinafter “Squiers”).
Regarding claim 1, Scimone discloses a knife (100) comprising:
a handle (102);
a blade carrier (106) rotatable about a first pivot point (104) of the handle (102);
a blade (108) removably disposed within the blade carrier (106); and
wherein the handle (102) includes a recessed region (defined between opposing panel 110,112 of the handle 102, see Fig.6) configured to accommodate a first portion of the blade carrier (106) substantially as claimed except Scimone’s knife (100) lacks a blade storage mechanism.
Squires shows a knife (10) comprising a handle (12), a blade carrier (14) rotatable about a first pivot point (P1, see the annotated Fig.4) of the handle (12), and a blade storage mechanism (32) rotatable about a second pivot point (P2, see the annotated Fig.4) of the handle (12), wherein the blade storage mechanism (32) is accessible only when the blade carrier (14) is rotated by a first predetermined angle (see column 5, lines 2-5., e.g., the blade carrier 14 needs to be rotated to a predetermined angle from the position shown in Fig.8 relative to the handle 12 so that the enlarge surface 60 of the blade carrier 14 no longer blocks the access to the blade storage mechanism 32).
Thus, it would have been obvious to one skilled in the art to modify Scimone by providing the knife (100) with a blade storage mechanism rotatably coupled to the handle (1) at a pivot point for storing spare blades as taught by Squires.
Regarding claim 10, Scimone’s knife (100) further comprises a blade release mechanism (121,122,123), and wherein the blade (108) is removable from the blade carrier (106) when the blade release mechanism (121,122,123) is engaged, and wherein a portion of the blade release mechanism (121,122,123) is only visible once the blade carrier (106) is rotated to a predetermined angle (e.g., from a knife folded/closed position as in Fig.5 to a knife unfolded/open position as in Fig.4).
Regarding claim 11, Scimone discloses a knife (100) comprising:
a handle (102) including a first portion (110, see Fig.6) and a second portion (112), the first portion (110) and the second portion (112) together defining a recessed region (e.g., a blade holding chamber, see paragraph [0048], line 7), the handle (102) having a first end (E1, see Fig.1 as annotated below) and an opposing second end (E2); and
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a blade carrier (106) coupled to the first end (E1) of the handle (102) and configured to rotate about a first pivot point (104, see Fig.1) proximate to the first end (E1) of the handle (102) substantially as claimed except Scimone’s knife (100) lacks a blade storage mechanism.
Squiers shows a knife (10) comprising a handle (12) including a first end (18) and an opposing second end (20), a blade carrier (14) coupled to the first end (18) of the handle (12) and rotatable about a first pivot point (P1, see the annotated Fig.4), a blade storage mechanism (32) coupled to the second end (20) of the handle (12) and rotatable about a second pivot point (P2, see the annotated Fig.4) that is proximate to the second end (20) of the handle (12), wherein the utility knife (10) is configured to have a closed state (see Fig.2) and an open state (see Fig.4), and wherein in the closed state (Fig.2), a first portion of the blade carrier (14) and the blade storage mechanism (32) are disposed within the recessed region (65).
Therefore, it would have been obvious to one skilled in the art to modify Scimone by providing the knife (100) with a blade storage mechanism rotatably coupled to the handle (102) at the second end (E2) of the handle (102) for storing spare blades as taught by Squires.
Regarding claim 16, Scimone’s knife (100) further comprises a blade release mechanism (121,122,123, see Fig.6), and wherein a portion of the blade release mechanism (121,122,123) is visible only when the blade carrier (106) is rotated by a predetermined angle (e.g., from a knife folded/closed position as in Fig.5 to a knife unfolded/open position as in Fig.4).
Regarding claim 17, Scimone’s predetermined angle (from the folded/closed position of Fig.5 to the unfolded/open position of Fig.4) is at least 45 degrees.
Regarding claim 19, Scimone’s knife (100) further comprises a blade release mechanism (121,122,123) as claimed except it does not explicitly mention at least a portion (e.g., an actuator 122, see Fig.1) of the blade release mechanism (121,122,123, see FIg.6) is of a different color than the handle (102). However, official notice is taken of the fact that it is notorious old and well-known in the art to have an actuator formed of a different color than a handle of a knife. One example is “ALLWAY TOOLS RK 4 RETRACTABLE BLADE UTILITY KNIFE” (see below, showing an actuator formed of a different color (RED) than the handle) that Examiner has possessed prior to year 2020. This utility knife can be purchased through “heritage-outfitters.com”
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Since the general concept of having an actuator formed of a different color than the handle for a quick visual identification of the actuator’s location is well-known, it would have been obvious to one skilled in the art to further modify Scimone by having the actuator (122) formed of the different color than the handle (102) for the advantage set forth.
Prior Art Citations
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
U.S. Patent No. 11,707,858 shows a utility knife comprising a blade carrier (20,25) for receiving a blade (11), and a push button (122), wherein operation of the push button (122) causes the blade carrier (20,25) to rotate around a pivot point (defined by fastener 104).
U.S. Patent No. 12,667,986 is cited to show a utility knife (100) comprising a handle (102), a blade carrier (104,116), a blade release mechanism (138e,140e,140d,146a-c,148a-c, see Fig.2) disposed within the blade carrier (104,116), and a blade storage mechanism (134,150) rotatable connected to the handle (102).
U.S. Patent Application Publication No. 2014/0373364 shows a utility knife (10) equipped with a blade carrier (18) pivotably connected to one end of a knife handle (16), and a blade storage mechanism (20) pivotably connected to the other end of the knife handle (16).
Point of Contact
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HWEI-SIU PAYER whose telephone number is (571)272-4511. The examiner can normally be reached on Monday - Friday from 7:00 AM to 3:00 PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Boyer Ashley, can be reached at telephone number 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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/HWEI-SIU C PAYER/ Primary Examiner, Art Unit 3724
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