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 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.
Claim 6 is 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 pre-AIA the applicant regards as the invention.
The limitation of Claim 6 reading: “wherein a free end of the second extension wall and a free end of the first extension wall are spaced apart from each other in the longitudinal direction through the upper opening” is indefinite. For example, looking at fig 4 the extensions walls 160 have free ends that are spaced apart from one another, but do not appear to be spaced apart through a single upper opening (emphasis added). Rather, the walls 160 are spaced apart from one another in a direction between two separate upper openings 185, or spaced apart in the direction of a wall 170 that is formed below said openings 185. For purposes of advancing prosecution, either of these interpretations will be how said limitation will be interpreted, as best understood in light of the specification
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.
Claims 1 and 10-11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by USD629969, Wonderley.
Regarding Claim 1, Wonderley discloses a razor cartridge protective case (title) comprising a receiving space (interior of case, in figs 1-7) configured to receive at least a portion of a razor cartridge (see title and “Description” section), the razor comprising at least one razor blade extending in a longitudinal direction (see explanation below regarding intended use limitations) the razor cartridge protective case comprising:
a front wall (see annotated fig 3 below) disposed at a front of the receiving space and configured to face a front surface of the razor cartridge (when a razor is attached thereto), where a cutting edge of the at least one razor blade is exposed (via holes shown in annotated fig 3 below);
a longitudinal side wall (see annotated fig 3 below) disposed on one longitudinal side of the receiving space (see annotated fig 3 below); and wherein the first extension wall is configured to be coupled to a rear surface of the razor cartridge (see title and “Description” section, and see explanation below regarding intended use limitations),
a first extension wall (see annotated fig 3 below) disposed at a rear of the receiving space and extending from the longitudinal side wall (see annotated fig 3 below),
wherein the first extension wall is configured to be coupled to a rear surface of the razor cartridge (see explanation below regarding intended use limitations).
The terms “[razor cartridge protective case] configured to receive at least a portion of a razor cartridge, the razor comprising at least one razor blade extending in a longitudinal direction” and “wherein the first extension wall is configured to be coupled to a rear surface of the razor cartridge” are considered statements of intended use (emphasis added).
It has been held that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations. The only requirement in these limitations, respectively, is that the prior art reference be capable of said intended use. See MPEP 2114. In this case, the Wonderley case is capable of receive at least a portion of a razor cartridge, the razor comprising at least one razor blade extending in a longitudinal direction (since the case is configured to receive razor cartridges [see title and description section, which cartridges are well known in the art to include razor blades extending in a longitudinal direction, see for instance the razors of Ferrier and Andrews discussed above) and the first extension wall of the case in Wonderley is capable of being coupled to a rear surface of the razor cartridge, since it extends inwardly of the walls of the case where a cartridge is intended to be housed, per the title and description of Wonderley.
Regarding Claim 10, in Wonderley, the razor cartridge protective case of claim 1, further comprises:
a front support protrusion (see annotated fig 3 below) extending from one surface of the front wall toward the receiving space (see annotated fig 3 below).
The limitation reading:
wherein the front support protrusion is configured to support the front surface of the razor cartridge in a state where the razor cartridge is received in the receiving space (see annotated fig 3 below, AND see title and “Description” section, and see explanation below regarding intended use limitations).
The term “wherein the front support protrusion is configured to support the front surface of the razor cartridge in a state where the razor cartridge is received in the receiving space” is considered statements of intended use (emphasis added).
It has been held that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations. The only requirement in this limitation is that the prior art reference be capable of said intended use. See MPEP 2114. In this case, the Wonderley case is capable having the front support protrusion be configured to support the front surface of the razor cartridge in a state where the razor cartridge is received in the receiving space (see title and description section, since the protrusion extends inwardly of the walls of the case where a cartridge is intended to be housed, per the title and description of Wonderley).
Regarding Claim 11, in Wonderley, the razor cartridge protective case of claim 1, further comprises: a coupling protrusion (see annotated fig 3 below) extending from one surface of the first extension wall (see annotated fig 3 below) toward the receiving space (see annotated fig 3 below); and a rear support protrusion (see annotated fig 3 below) spaced apart in the longitudinal direction from the coupling protrusion (see annotated fig 3 below) and extending from at least one surface of the first extension wall (see annotated fig 3 below) toward the receiving space (see annotated fig 3 below), wherein the front support protrusion is located between the coupling protrusion and the rear support protrusion based on a direction parallel to the longitudinal direction. (see annotated fig 3 below).
PNG
media_image1.png
396
843
media_image1.png
Greyscale
Claims 1-4, 6-9, 12, 15 and 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by USPN 3760938, Ferrier.
Regarding Claim 1, Ferrier discloses a razor cartridge protective case 100 comprising a receiving space (interior of case) configured to receive at least a portion of a razor cartridge (razor head R) comprising at least one razor blade (B) extending in a longitudinal direction (into and out of page in FIG 10), the razor cartridge protective case comprising:
a front wall (right wall fig. 10) disposed at a front of the receiving space and configured to face a front surface of the razor cartridge (FIG 10), where a cutting edge of the at least one razor blade is exposed (e.g. exposed to the elements via hole 116, and since the blade does not contact the walls of the casing, as seen in fig 16);
a longitudinal side wall 114 disposed on one longitudinal side of the receiving space (fig 8); and
a first extension wall (116) disposed at a rear of the receiving space and extending from the longitudinal side wall (FIG 8), wherein the first extension wall is configured to be coupled to a rear surface of the razor cartridge (FIG 8).
Regarding Claim 2, Ferrier discloses the razor cartridge protective case of claim 1, further comprising: an upper wall (top wall of dispensing magazine portion M, see fig 8) disposed on an upper portion of the receiving space (fig 8); and an upper opening (see annotated fig 8 below) configured to open at least a portion of the upper wall (see annotated fig 8 below).
Regarding Claim 3, Ferrier discloses the razor cartridge protective case of claim 2, wherein the upper opening is located on one longitudinal side of the upper wall, and wherein at least a portion thereof extends to a rear side of the upper wall (see annotated fig 8 below).
PNG
media_image2.png
538
535
media_image2.png
Greyscale
Regarding Claim 4, Ferrier discloses the razor cartridge protective case of claim 2, further comprising a second extension wall 170 extending from a rear side of the upper wall, wherein the first extension wall and the second extension wall are spaced apart from each other in the longitudinal direction (see annotated fig 8 below).
PNG
media_image3.png
494
535
media_image3.png
Greyscale
Regarding Claim 6, Ferrier discloses the razor cartridge protective case of claim 4, wherein a free end of the second extension wall and a free end of the first extension wall are spaced apart from each other in the longitudinal direction through the upper opening (since the walls in annotated fig 8 are spaced apart in the direction of a wall 111 that is formed below upper openings [e.g. openings on either said of the upper wall] of the upper wall).
Regarding Claim 7, Ferrier discloses the razor cartridge protective case of claim 1, further comprises a coupling protrusion (fig 10, end 143 of tongue 145) extending from one surface of the first extension wall (see fig 16) toward the receiving space (fig 16),wherein the coupling protrusion is configured to be coupled to a cartridge coupling portion (400) formed on the rear surface of the razor cartridge (col 8, 15-30).
Regarding Claim 8, Ferrier discloses the razor cartridge protective case of claim 7, wherein the coupling protrusion comprises: an extension portion configured to form a predetermined angle with respect to one surface of the first extension wall when viewed from one side in the longitudinal direction; and a hook portion (angled portion shown in fig 16) disposed on one side of the extension portion in a lateral direction perpendicular to the longitudinal direction (FIG 16).
Regarding Claim 9, Ferrier discloses the razor cartridge protective case of claim 7, further comprising a rear support protrusion 142, spaced apart in the longitudinal direction from the coupling protrusion (143/145) and extending from at least one surface of the first extension wall toward the receiving space (FIG 16).
Regarding Claim 12, Ferrier discloses the razor cartridge protective case of claim 1, further comprising a longitudinal side support protrusion 133 (fig 10) extending from one surface of the longitudinal side wall toward the receiving space (fig 10),
wherein longitudinal side support protrusion is configured to support one longitudinal side of the razor cartridge in a state where the razor cartridge is received in the receiving space (col 8, 15-30) .
Regarding Claim 15, Ferrier discloses the razor cartridge protective case of claim 1, further comprising a: protruding unit 131 formed by protruding from a portion of an outer surface of the longitudinal side wall (fig 10).
Regarding Claim 19, Ferrier discloses the razor cartridge protective case of claim 1, further comprising: wherein the razor cartridge protective case comprises eco-friendly materials. (see col 3, 5-15 of Ferrier, where it is disclosed that the case is made of resilient plastic; And see par 0053 of present specification where it is disclosed that “the razor cartridge protective case 100 may comprise eco-friendly materials such as waste plastic, biodegradable plastic, elastic material, or flexible material, and preferably may comprise polypropylene”).
Claims 1, 5, 10 and 13-14 and 16-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by USPN 5908036, Andrews.
Regarding Claim 1, Andrews discloses a razor cartridge protective case (Fig. 36A; Guard Cage 490, col. 24, lines 50-70) comprising a receiving space (interior of case) configured to receive at least a portion of a razor cartridge (fig 36A, head portion 501 of mustache shaving device) comprising at least one razor blade 16 extending in a longitudinal direction (left to right, fig 36a), the razor cartridge protective case comprising:
a front wall (see annotated fig 36A) disposed at a front of the receiving space and configured to face a front surface of the razor cartridge (see fig 36b), where a cutting edge of the at least one razor blade is exposed (via holes 494);
a longitudinal side wall (493) disposed on one longitudinal side of the receiving space (see annotated fig 36A); and
a first extension wall (wall which faces the front wall in the annotated figure, and is connected to wall part portion 493) disposed at a rear of the receiving space and extending from the longitudinal side wall (see annotated fig 36A), wherein the first extension wall is configured to be coupled to a rear surface of the razor cartridge (see fig 36B).
PNG
media_image4.png
573
482
media_image4.png
Greyscale
Regarding Claim 5, Andrews discloses the razor cartridge protective case of claim 2, wherein the upper opening is configured to facilitate elastic deformation of the first extension wall (col 25, 50-65).
Regarding Claim 10, Andrews discloses the razor cartridge protective case of claim 1, further comprising a front support protrusion (497) extending from one surface of the front wall toward the receiving space (FIG 36A-B), wherein the front support protrusion is configured to support the front surface of the razor cartridge in a state where the razor cartridge is received in the receiving space (FIG. 36B).
Regarding Claim 13, in Andrewas at least a portion of the first extension wall (wall which faces the front wall in the annotated figure above) is configured to pivot (due to being elastically deformable, see Col. 25 lines 49-59).
Regarding Claim 14, in Andrews, the razor cartridge protective case of claim 1, also has wherein the first extension wall is configured so that a length of a support end (see annotated fig 36A below) on a side where the first extension wall is supported is greater than a length extending from the support end to a free end of the first extension wall (see annotated fig 36A below).
PNG
media_image5.png
588
494
media_image5.png
Greyscale
Regarding Claim 16, in Andrews, the razor cartridge protective case of claim 1, further comprises a front opening (494) configured to open the front wall in a direction from the front to the rear and is located on one side of the front wall in a lateral direction perpendicular to the longitudinal direction (FIG 36A).
Regarding Claim 17, in Andrews, the razor cartridge protective case of claim 16, further comprises an upper wall (e.g. 491) disposed on an upper portion of the receiving space, wherein the front opening 494 is configured to open a portion of the upper wall in a direction parallel to the lateral direction (FIG 36A).
Regarding Claim 18, in Andrews, the razor cartridge protective case of claim 16, further comprises a front support protrusion (497) extending from one surface of the front wall toward the receiving space (see fig 36A), wherein at least a portion of the front wall is spaced apart from the front surface of the razor cartridge by a length greater than a length by which the front support protrusion extends in a state where the razor cartridge is received in the receiving space (since the part 497 contacts the cartridge, while the front surface is spaced from the cartridge in fig 36B).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. USPNs/USPGPUBs 10913170 5220728 D123180 103 10144142 add D1022320 3388468 4996772 10493644 5893213 D440012 3609862 4777722 20090172958 20190118397 20220072725 20250033232 8770398 3530574 D226642 20170197322 20210221013 5908036 1974175 3915300 4709476 6185827 3760938 4480387 20230182333 20110005089 20090172958 20190118397 20220072725 20250033232 8770398 3530574 1958600 20090057170 20180207824 20210221013 D20242720090056151 20180169879 5386750 9751226 11541561 12678985 20190299460 9434078 D1021255 20140215832 5937526 20170361476 D202427 and 3277571 disclose state of the art protective cases/coverings for razors. 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.
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 on 571-272-4502. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/FERNANDO A AYALA/Examiner, Art Unit 3724
/BOYER D ASHLEY/Supervisory Patent Examiner, Art Unit 3724
Prosecution Insights