`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`PO. Box 1450
`Alexandria, Virginia 22313-1450
`www.usplo.gov
`
`APPLICATION NO.
`
`FILING DATE
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`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO
`
`CONFIRMATION NO.
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`I 1/151,280
`
`06/14/2005
`
`Tomoyuki lnouc
`
`PICK-0279
`
`5855
`
`12/14/2007
`7590
`23353
`RADERFISHMAMGRAUERPLLC
`LION BUILDING
`
`1233 20TH STREET N.W., SUITE 501
`WASHINGTON, DC 20036
`
`PETERSON, KENNETH E
`
`3724
`
`MAIL DATE
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`12/14/2007
`
`”PER NUMBER
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`DELIVERY MODE
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`PAPER
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`Please find below and/or attached an Office communication concerning this application or proceeding.
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`The time period for reply, if any, is set in the attached communication.
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`PTOL-90A (Rcv. 04/07)
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`

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`Application No.
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`11/151,280
`
`Applicant(s)
`
`INOUE ET AL.
`
`-- The MAILING DA TE of this communication appears on the cover sheetwith the correspondence address --
`Period for Reply
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`A“ Unit
`
`3724
`
`- -
`
`Office Action Summary
`
`Examine,
`
`KennethE.Peterson
`
`
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`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE 1 MONTH(S) OR THIRTY (30) DAYS,
`WHICHEVER IS LONGER, FROM THE MAILING DATE OF THIS COMMUNICATION.
`Extensions of time may be available underthe provisions of 37 CFR 1.136(3).
`In no event however, may a reply be timerIfiled
`afler SIX (6) MONTHS from the mailing date otthis communication.
`If No period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date ofthis communication.
`Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months aflert he mailing date ofthis com munication. even Iftimely filed, may reduce any
`earned patent term adjustment. See 37 CFR 1.704(b).
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`Status
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`1)|:| Responsive to communication(s) filed on __
`2a)EI This action is FINAL.
`2b)[:lThis action is non-final.
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`3)D Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
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`closed in accordance with the practice under Ex parte Quayle, 1935 CD. 11, 453 0.6. 213.
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`Disposition of Claims
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`4)|XI Claim(s) 1-_10 is/are pending in the application.
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`4a) Of the above claim(s) __ is/are withdrawn from consideration.
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`5):] Claim(s) _ is/are allowed.
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`6)l:] Claim(s) _ is/are rejected.
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`7)|:| Claim(s) _ is/are objected to.
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`8)IZI Claim(s) 1;1_0 are subject to restriction and/or election requirement.
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`Application Papers
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`9)|:I The specification is objected to by the Examiner.
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`10)l:] The drawing(s) filed on __ is/are: a)l:j accepted or b)I:l objected to by the Examiner.
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`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
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`Replacement drawing sheet(s) including the correction is required ifthe drawing(s) is objected to. See 37 CFR 1.121(d).
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`11)[] The oath or declaration is objected to by the Examiner. Note the attached Office Action or form PTO-152.
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`Priority under 35 U.S.C. § 119
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`12)E] Acknowledgment is made of a claim for foreign priority under 35 U.S. C. § 119(a)- (d) or (f)
`all All
`b)I:I Some* c)l:l None of:
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`Certified copies of the priority documents have been received.
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`Certified copies of the priority documents have been received in Application No.
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`Copies of the certified copies of the priority documents have been received in this National Stage
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`application from the International Bureau (PCT Rule 17.2(a)).
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`'
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`* See the attached detailed Office action for a list of the certified copies not received.
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`Atta chme nt( 5)
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`1) El Notice of References Cited (PTO-892)
`2) E] Notice of Draflsperson‘s Patent Drawing Review (PTO-948)
`3) E] Information Disclosure Statement(s) (PTO/SB/OB)
`Paper No(s)/Mai| Date
`.
`U.S. Patent and Trademark Office
`
`4) E] Interview Summary (PTO-413)
`Paper No(s)/Mail Date. _
`5) E] Notice of Informal Patent Application
`6) I] Other:
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`PTOL—326 (Rev. 08-06)
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`Office Action Summary
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`Part of Paper No./Mail Date 20071211
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`

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`Application/Control Number:
`11/151 ,280
`Art Unit: 3724
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`Page 2
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`'
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`1.
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`Restriction to one of the following inventions is required under 35 U.S.C. 121:
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`I.
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`Claim 2, drawn to a shaving head-having an outer cutter made from a
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`single sheet.
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`ll.
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`Claim 3, drawn to a shaving head having a trapezoidal cross-section
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`- bndge.
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`|l|.
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`Claims 4 and 5, drawn to a shaving head having a bridge with a notch
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`therein.
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`IV.
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`Claim 6, drawn to a shaving head having a curved outer cutter.
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`V.
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`Claim 7, drawn to a shaving head having a tapered bridge.
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`‘
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`VI.
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`Claims 8-10, drawn to a shaving head having a perforated outer foil.
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`2.
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`Claim 1 will be examined with the election of any group. Claim 1 links the
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`inventions groups l-Vl. The restriction requirement of the linked inventi‘onslis subject to
`the nonallowance of the linking claim(s), claim 1. ‘Upon the indication of allowability of
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`the linking claim(s), the restriction requirement as to the linked inventions shall be
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`withdrawn and any claim(s) depending from or otherwise requiring all the limitations of
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`the allowable linking claim(s) will be rejoined and fully examined for patentability in
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`accordance with 37 CFR 1.104 Claims that require all the limitations of an allowable
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`linking claim will be entered as a matter of right if the amendment is presented prior to
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`final rejection or allowance, whichever is earlier. Amendments submitted after final
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`rejection are governed by 37 CFR 1.116; amendments submitted after allowance are
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`governed by 37 CFR 1.312.
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`

`

`Application/Control Number:
`11/151 ,280
`Art Unit: 3724
`
`Page 3
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`Applicant(s) are advised that if any claim presented in a continuation or divisional
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`application is anticipated by, or includes all the limitations of, the allowable linking claim,
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`such claim may be subject to provisional statutory and/or nonstatutory double patenting
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`rejections over the claims of the instant application. Where a restriction requirement is
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`withdrawn, the provisions of 35 U.S.C. 121 are no longer applicable. In re Ziegler, 443
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`F.2d 1211, 1215, 170 USPQ 129, 131 -32 (CCPA 1971). See also MPEP § 804.01.
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`3.
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`The inventions of groups l-Vl are related as schombinations disclosed as usable ‘
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`together in a single combination. The subcombinations are distinct if they do not
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`overlap in scope and are not obvious variants, and if it is shown that at least one
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`subcombination is separately usable. For example, the shaving head having an outer
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`cutter made from a single sheet, as in group I, could be employed with a rectangular
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`cross—section instead of the trapezoidal cross section of group II. Conversely, the
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`shaving head of group ll could be made from two sheets, unlike group I. See MPEP
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`§ 806.05(d).
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`The examiner has required restriction between subcombinations usable together.
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`Where applicant elects a subcombination and claims thereto are subsequently found
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`allowable, any claim(s) depending from or otherwise requiring all the limitations of the
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`allowable subcombination will be examined for patentability in accordance with 37 CFR
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`1.104. See lVlPEP § 821 .O4(a). Applicant is advised that if any claim presented in a
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`continuation or divisional application is anticipatedlby, or includes all the limitations of, a
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`claim that is allowable in the present application, such claim may be subject to
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`

`

`Application/Control Number:
`1 1/151 ,280
`Art Unit: 3724
`
`.
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`'
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`Page 4
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`provisional statutory and/or nonstatutory double patenting rejections over the claims of
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`.the instant application.
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`4.
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`There is an excessive burden on the office to examine all of these inventions .
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`together, as shown by their search. See MPEP 808.02(C). For example, the search for
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`group I would involve text searching for “single sheet” and studying the equivalency of
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`single sheet versus multiple sheet outer cutters. The search for group II would not be
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`as above, but instead would be text searching for trapezoids. The search for the
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`remaining groups would also be unique.
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`5.
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`Because these inventions are independent or distinct for the reasons given
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`above and there would be a serious burden on the examiner if restriction is not required
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`because the inventions have acquired a separate status in the art in view of their
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`different search, restriction for examination purposes as indicated is proper.
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`6.
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`Applicant is advised that the reply to this requirement to be complete must
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`include (i) an election of a species or invention to be examined even though the
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`requirement be traversed (37 CFR 1.143) and (ii) identification of the claims
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`encompassing the elected invention.
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`The election of an invention or species may be made with or without traverse. To
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`reserve a right to petition, the election‘must be made with traverse. If the reply does not
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`

`

`Application/Control Number:
`1 1/151,280
`Art Unit: 3724
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`Page 5
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`distinctly and specifically point out supposed errors in the restriction requirement, the
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`election shall be treated as an election without traverse.
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`Should applicant traverse on the ground that the inventions or species are not
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`patentably distinct, applicant should submit evidence or identify such evidence now of
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`record showing the inventions or species to be obvious variants or clearly admit on the
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`record that this is the case. In either instance, if the examiner finds one of the inventions
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`unpatentable over the prior art, the evidence or admission may be used in a rejection
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`under 35 U.S.C.71O3(a) of the other invention.
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`7.
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`Applicant is reminded that upon the cancellation of claims to a non-elected
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`invention, the inventorship must be amended in compliance with 37 CFR 1.48(b) if one
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`or more of the currently named inventors is nolonger an inventor of at least one claim
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`remaining in the application. Any amendment of inventorship must be accompanied by
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`a request under 37 CFR 1.48(b) and by the fee required under 37 CFR 1.17(i).
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`8.
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`Any inquiry concerning this communication or earlier communications from the
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`examiner should be directed to Kenneth E. Peterson whose telephone number is 571-
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`272-4512. The examiner can normally be reached on Mon-Thur, 7:30—4:30.
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`If attempts to reach the examiner by telephone are unsuccessful, the examiners
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`supervisor, Boyer Ashley can be reached on 571 -272—4502. The fax phone number for
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`the organization where this application or proceeding is assigned is 571-273-8300.
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`

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`Application/Control Number:
`11/151 ,280
`Art Unit: 3724
`
`,
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`Page 6
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`Information regarding the status of an application may be obtained from the
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`Patent Application Information Retrieval (PAIR) system. Status information for
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`published applications may be obtained from either Private PAIR or Public PAIR.
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`Status information for unpublished applicatiOns is available through Private PAIR only.
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`For more information about the PAIR system, seehttp://pair-direct.uspto.gov. Should
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`you have questions on access to the Private PAIR system, contact the Electronic
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`Business Center (EBC) at 866-217-9197 (toll-free).
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`If you would like assistance from a
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`USPTO Customer Service Representative or access to the automated information
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`system, call 800-786—9199 (IN USA OR CANADA) or 571-272-1000.
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`kp
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`‘
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`/%é/~_WM~WH
`NNETH E. PETERSON
`KERIMARY EXAMINER
`
`.. *
`
`