In reference to the patent: US 2014/0276685 A1

In the description of patent is not quantified the power required for hair cutting. The discussion about the required wavelengths is meaningless without the power indication. What was the power of a working prototype (if any)?

  • I redirected your question a bit to ask why this information might not be included in the patent (which is how it was answered). Unfortunately, questions about the underlying technology used to get these products to work is outside the scope of this site. Sorry about the confusion. – Robert Cartaino Oct 5 '15 at 16:18
  • To be clear, the linked document is not a patent, but a pre-grant publication of an application for a patent. – user4545 Nov 4 '15 at 18:28

A working prototype would be considered "reduction to practice", which is less important under the AIA First to File rules. This particular application has a priority date of March 15, 2013, which is one day before those new rules went into affect (this is probably not a coincidence). Therefore, the application would be subject to reduction to practice implications under the pre-AIA rules (Section 2138). That section is lengthy, but the most relevant parts are copied below.

From MPEP Chapter 2100, Section 2138: Pre-AIA 35 U.S.C. 102(g):

[Editor Note: This MPEP section has limited applicability to applications subject to examination under the first inventor to file (FITF) provisions of the AIA as set forth in 35 U.S.C. 100 (note). See MPEP § 2159 et seq. to determine whether an application is subject to examination under the FITF provisions, MPEP § 2159.03 for the conditions under which this section applies to an AIA application, and MPEP § 2150 et seq. for examination of applications subject to those provisions.]

Pre-AIA 35 U.S.C. 102 Conditions for patentability; novelty and loss of right to patent.

A person shall be entitled to a patent unless -

(g)(1) during the course of an interference conducted under section 135 or section 291, another inventor involved therein establishes, to the extent permitted in section 104, that before such person’s invention thereof the invention was made by such other inventor and not abandoned, suppressed, or concealed, or (2) before such person’s invention thereof, the invention was made in this country by another inventor who had not abandoned, suppressed, or concealed it. In determining priority of invention under this subsection, there shall be considered not only the respective dates of conception and reduction to practice of the invention, but also the reasonable diligence of one who was first to conceive and last to reduce to practice, from a time prior to conception by the other.

Pre-AIA 35 U.S.C. 102(g) issues such as conception, reduction to practice and diligence, while more commonly applied to interference matters, also arise in other contexts.

Pre-AIA 35 U.S.C. 102(g) may form the basis for an ex parte rejection if: (1) the subject matter at issue has been actually reduced to practice by another before the applicant’s invention; and (2) there has been no abandonment, suppression or concealment.

To qualify as prior art under pre-AIA 35 U.S.C. 102(g), however, there must be evidence that the subject matter was actually reduced to practice, in that conception alone is not sufficient. While the filing of an application for patent is a constructive reduction to practice, the filing of an application does not in itself provide the evidence necessary to show an actual reduction to practice of any of the subject matter disclosed in the application as is necessary to provide the basis for an ex parte rejection under pre-AIA 35 U.S.C. 102(g). Thus, absent evidence showing an actual reduction to practice (which is generally not available during ex parte examination), the disclosure of a United States patent application publication or patent falls under pre-AIA 35 U.S.C. 102(e) and not under pre-AIA 35 U.S.C. 102(g). The disclosure in a reference United States patent does not fall under pre-AIA 35 U.S.C. 102(g) but under pre-AIA 35 U.S.C. 102(e).

| improve this answer | |

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service, privacy policy and cookie policy

Not the answer you're looking for? Browse other questions tagged or ask your own question.