DETAILED ACTION
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 .
Status of Claims
Claims 1, 17, and 18 have been amended. Claims 8 and 15 have been canceled. Claims 1-7, 9-14, and 16-20 have been examined on the merits.
Response to Arguments
Applicant’s arguments, see pages 8-9, filed 04/29/2026, with respect to the amendments to the previous drawing objections, 35 U.S.C. § 112(a), and 35 U.S.C. § 112(b) rejections are persuasive. The previous drawing objections, 35 U.S.C. § 112(a), and 35 U.S.C. § 112(b) rejections have been withdrawn.
Applicant’s arguments, see Pages 9-14, filed 04/29/2026, with respect to the rejections under 35 U.S.C. 103 have been considered but are moot because the claims have been amended and the new grounds of rejection do not rely on the reference or combination of references applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 1-4, 9, 10, 12, 13, 14, 16, 17, 19, and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Dovel (US 8784162 B1).
Referring to claim 1: Dovel discloses a sharpener (100) for sharpening a cutting tool, comprising:
a frame (frame of 104);
a flexible abrasive belt (110) that is movable relative to the frame (frame of 104) by an electric motor (“electric motor” Col. 3, line 6) along a belt path (path of 110) comprising at least a first roller (112) and a second roller (124), the flexible abrasive belt (110) comprising an outer abrasive surface (140A/140B) and an inner backing layer (142A/142B);
a platen assembly (102) positioned between the first (124) and second rollers (112), the platen assembly (102) being configured to exert a biasing force (biasing force via spring 126) upon the inner backing layer (142A/142B) of the flexible abrasive belt to advance the flexible abrasive belt outwardly from a tangential plane (tangential plane of belt created by spring member) extending from the first roller (112) to the second roller (124), the platen assembly (102) being moveable (moveable via spring movement) relative to the tangential plane;
a spring biasing member (126) disposed at least partially between the frame (frame of 104) and the platen assembly (102), the spring biasing member (126) being configured to exert a biasing force (biasing force of spring tension) on the platen assembly (102) so as to advance the flexible abrasive belt (110) outwardly from the tangential plane (tangential plane of belt created by spring member);
a depth limit stop (“This distal extent 240 serves as an ultimate limit stop for further insertion of the blade 232” Col. 9, lines 14-15) within a spring travel (spring travel of 126) of the platen assembly and configured to limit inward movement of the platen assembly towards the tangential plane (tangential plane of belt created by spring member) thereby limiting inward deflection of the flexible abrasive belt (110) towards the tangential plane; and
a guide assembly (116) adjacent the flexible abrasive belt, the guide assembly comprising a side support surface (side support surface of 116) configured to contactingly support a side surface of the cutting tool during a sharpening operation (see Fig. 13A) in which a cutting edge of the cutting tool is presented against the outer abrasive surface of the flexible abrasive belt at a position opposite (position opposite to the mirrored side of 102) the platen assembly (102).
Referring to claim 2: Dovel discloses the sharpener of claim 1, wherein an amount of force supplied to the cutting tool by the outer abrasive surface (140A/140B) during the sharpening operation (see Fig. 13A) is controlled by the biasing force (biasing force via spring 126) supplied by the platen assembly (102).
Referring to claim 3: Dovel discloses the sharpener of claim 1, wherein the platen assembly (102) has opposing first (first end of 102 closest to 108 shown in Fig. 1B) and second ends (end of 194 shown in Fig. 9), wherein the first end (first end of 102 closest to 108 shown in Fig. 1B) of the platen assembly is attached to a frame (108) coupled to at least a selected one of the first or second rollers (124), and wherein the second end (end of 116 shown in Fig. 3A) of the platen assembly is configured to move (“retractable support shaft 192” Col. 6, line 52) with respect to the frame (108).
Referring to claim 4: Dovel discloses the sharpener of claim 1, wherein the platen assembly (102) is configured to place a segment of the flexible abrasive belt extending between the first and second rollers (112 and 124) along a neutral plane (neutral plane of abrasive belt when the spring is in a neutral state),
the neutral plane having a first linear segment (FLS Fig. 1-A inserted below) that extends from the first roller (112) to the platen assembly (102) and
a second linear segment (SLS Fig. 1-A inserted below) that extends from the second roller (124) to the platen assembly (102), the second linear segment being non-parallel to the first linear segment (FLS Fig. 1-A inserted below).
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Referring to claim 9: Dovel discloses the sharpener of claim 1, wherein a selected one of the first (112) or second rollers is characterized as a drive roller (112) coupled to the electric motor (“electric motor” Col. 3, line 6) and a remaining one of the first or second rollers (124) is characterized as an idler roller.
Referring to claim 10: Dovel discloses the sharpener of claim 9, further comprising a biasing member (192) coupled to the idler roller (124) and configured to maintain a desired tension (seen in Figs. 11A and 11B) in the flexible abrasive belt during the sharpening operation.
Referring to claim 12: Dovel discloses the sharpener of claim 1, wherein the first roller (112) has a first outermost diameter (shown in Fig. 2) and the second roller (124) has a different, second outermost diameter (shown in Fig. 2).
Referring to claim 13: Dovel discloses the sharpener of claim 1, wherein the electric motor (“electric motor” Col. 3, line 6) is disposed within (“The disc 106 is rotated via a drive assembly (not separately shown) disposed within a housing 108.” Col. 3, lines 3-5) a housing (108), the housing having a user handle portion (H Fig. 2-A inserted below) configured to be gripped by a hand of a user and held in free space during the sharpening operation.
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Referring to claim 14: Dovel discloses the sharpener of claim 1, wherein the guide assembly (116) is moveable (“FIG. 2 shows relevant portions of the assembly 102 without the guide housing 116, which can remain in place or be removed as desired” Col. 3, lines 51-53) with respect to the platen assembly (102).
Referring to claim 16: Dovel discloses the sharpener of claim 1, wherein the belt path is characterized as a triangular belt path (“This arrangement desirably forms a generally triangular path for the belt.” Col. 3, lines 57-58).
Referring to claim 17: Dovel discloses a sharpener (100) for sharpening a cutting tool, comprising:
a frame (frame of 104);
a flexible abrasive belt (110) that is movable relative to the frame (frame of 104) by an electric motor (“electric motor” Col. 3, line 6) and supported by at least a first support roller (112) along a neutral plane (neutral plane of abrasive belt when the spring is in a neutral state) having opposing proximal and distal ends (neutral plane with proximal and distal ends extending from 112 and 124 when spring is in a neutral state), the flexible abrasive belt having a front side (140A/140B) with an abrasive surface and a back side (142A/142B) opposite the front side;
a guide assembly (116) adjacent the flexible abrasive belt (110) to support the cutting tool during a sharpening operation (shown in Fig. 13A) in which a cutting edge of the cutting tool is presented against the flexible abrasive belt (110), the guide assembly (116) having a guide surface (116) configured to contactingly engage the cutting tool;
a platen member (102) disposed to contactingly support the back side (142A/142B) of the flexible abrasive belt (110) between the proximal and distal ends (neutral plane with proximal and distal ends extending from 112 and 124 when spring is in a neutral state) of the neutral plane opposite a contact region (contact region of 132/136 with same side of the rough side 140A/140B of belt);
a spring biasing member (126) disposed between the platen member (102) and the frame (frame of 104), the spring biasing member (126) being configured to apply a biasing force to the platen member (126) to advance a portion of the flexible abrasive belt outwardly away from the neutral plane (neutral plane of abrasive belt when the spring is in a neutral state);
and a depth limit stop (“This distal extent 240 serves as an ultimate limit stop for further insertion of the blade 232” Col. 9, lines 14-15) within a spring travel (spring travel of 126) of the platen member (102) and configured to limit inward movement of the cutting tool and thereby limit inward movement of the platen member (102) towards the neutral plane thereby limiting inward deflection of the flexible abrasive belt towards the neutral plane (neutral plane of abrasive belt when the spring is in a neutral state).
Referring to claim 19: Dovel discloses the sharpener of claim 17, wherein the electric motor (“electric motor” Col. 3, line 6) is disposed within (“The disc 106 is rotated via a drive assembly (not separately shown) disposed within a housing 108.” Col. 3, lines 3-5) a housing (108), the housing having a user handle portion (H Fig. 2-A inserted above) configured to be gripped by a hand of a user and held in free space during the sharpening operation.
Referring to claim 20: Dovel discloses the sharpener of claim 17, wherein the guide assembly (116) is moveable (“FIG. 2 shows relevant portions of the assembly 102 without the guide housing 116, which can remain in place or be removed as desired” Col. 3, lines 51-53) with respect to the platen assembly (102).
Claim Rejections - 35 USC § 103
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.
Claims 5, 6, 7, 11, and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Dovel (US 8784162 B1) and Eichenlaub (US 4510718 A).
Referring to claim 5: Dovel discloses the sharpener of claim 1, but is silent on wherein the platen assembly comprises a platen surface that contactingly engages the inner backing layer along a length of the belt path less than an overall distance between the first and second rollers.
Eichenlaub teaches a platen surface (“flexible pressure plate 23” Col. 2, line 54) that contactingly engages the inner backing layer (inner backing layer of 18) along a length of the belt (18) path less than an overall distance between the similar configuration first and second rollers (16 and 17).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the sharpener of Dovel with the platen surface as taught by Eichenlaub for the purpose of being able to adjust the belt to have a slight curve or angle.
Referring to claim 6: Dovel as modified teaches the sharpener of claim 5, wherein the platen surface (“flexible pressure plate 23” Col. 2, line 54 of Eichenlaub) is nominally flat (capable of being adjusted to be flat).
Referring to claim 6: Dovel as modified teaches the sharpener of claim 5, wherein the platen surface (“flexible pressure plate 23” Col. 2, line 54 of Eichenlaub) is curvilinear (capable of being adjusted to be curvilinear).
Referring to claim 11: Dovel discloses the sharpener of claim 1, but is silent on wherein the platen assembly comprises an elongated, flexible plate.
Eichenlaub teaches an elongated, flexible plate (“flexible pressure plate 23” Col. 2, line 54).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the sharpener of Dovel with the elongated, flexible plate as taught by Eichenlaub for the purpose of being able to adjust the belt to have a slight curve or angle.
Referring to claim 18: Dovel discloses the sharpener of claim 17, but is silent on wherein the spring biasing member is attached to the platen member to advance a medial portion of the flexible abrasive belt toward the contact region away from the neutral plane.
Eichenlaub teaches a spring biasing member (32) is attached to the platen member (11) to advance a medial portion (shown in Fig. 3) of the similar configuration flexible abrasive belt (18) toward the contact region away from the neutral plane (neutral plane of belt when 29 is not extended).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the sharpener of Dovel with the spring biasing member as taught by Eichenlaub for the purpose of being able to adjust the belt to have a slight curve or angle.
Conclusion
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER SOTO whose telephone number is (571)272-8172. The examiner can normally be reached Monday-Friday, 8a.m. - 5 p.m..
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Monica Carter can be reached at 571-272-4475. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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CHRISTOPHER SOTO
Examiner
Art Unit 3723
/CHRISTOPHER SOTO/Examiner, Art Unit 3723
/MONICA S CARTER/Supervisory Patent Examiner, Art Unit 3723
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