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
The amendment filed on 07/08/2026 has been entered.
Claim Objection
Claims 1-20 are objected to because of the following informalities:
(1) At line 16 of claim 1 and line 18 of claim 14, “one another” should read --each other--.
Appropriate correction is required.
Claim Rejection - 35 U.S.C. 112(b)
1. The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
2. Claims 1-13 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 1, line 17, “a first end portion” and “a second end portion” are vague. Are they in addition to “a distal end” cited at line 2 of the claim? It is suggested “the first member includes a first end portion and a second end portion”, at line 17 of claim, be changed to --the first member includes a proximal end--.
(2) In claim 1, line 18, “a first end portion” and “a second end portion” are vague. Are they in addition to “a distal end” and “a proximal end” cited at line 6 of the claim? It is suggested line 18 of the claim be deleted. Also, “wherein the second end portion of the third member is couped to the second end portion of the first member”, cited at lines 19-20 of the claim, be changed to --wherein the proximal end of the third member is couped to the proximal end of the first member--.
(3) In claim 11, lines 3-4, the phrase “such that the cutting edge of the blade contacts the second member only under a contact force limited by the stop to not exceed a threshold force” is misleading. As the disclosed invention is understood, the cutting edge 109 of the blade 108 of the first member 102 does not contact the second member 110. The cutting edge 109 is received in a recess 116 of the second member 110 but does not contact any surface of the recess 116 when the first member 102 moves from the first/open position (see Fig.20A) to a second/cutting position (see Fig.21A). Note claim 10. It is suggested the phrase be changed to --for limiting the movement of the cutting edge toward the second member--.
Indication of Allowable Subject Matter
1. Claims 1-13 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) set forth in this Office action.
Claim 1 as amended contains allowable subject matter for the similar reason set forth on pages 11-12 of the 04/09/2026 Office action for claim 14.
2. Clams 14-20 are objected to but would be allowable if amended to overcome the objection set forth.
Clam 14 contains allowable subject matter for the reason set forth on pages 11-12 of the 04/09/2026 Office action.
Remarks
Applicant’s arguments with respect to claims 1, 5, 8-10 and 13 have been considered but are moot in light of the above new ground(s) or rejection.
Action Made Final
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.
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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