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 .
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114 was filed in this application after a decision by the Patent Trial and Appeal Board, but before the filing of a Notice of Appeal to the Court of Appeals for the Federal Circuit or the commencement of a civil action. Since this application is eligible for continued examination under 37 CFR 1.114 and the fee set forth in 37 CFR 1.17(e) has been timely paid, the appeal has been withdrawn pursuant to 37 CFR 1.114 and prosecution in this application has been reopened pursuant to 37 CFR 1.114. Applicant’s submission filed on 19 March, 2026 has been entered.
Election/Restrictions
Claim 33 is withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 15 April. 2024.
Claim 33 is directed to a non-elected species. Claim 33 includes the limitation of “a support structure which is connected to a first end of the linear actuator by the universal joint”. The only mention of this configuration in the disclosure is with respect to non-elected Species III shown in Fig. 7 (see paragraph [0044] of the specification as filed). Consequently, claim 33 is withdrawn from further consideration.
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 18-21, 32, 34-35, and 38-39 are rejected under 35 U.S.C. 103 as being unpatentable over Bohler et al. (US 6244943, "Bohler '943") in view of Naderer (WO 2018055189).
18. Bohler '943 teaches an apparatus comprising:
a motor (3);
a machining head (tool seat 1, see Bohler '943 figs. 1 and 3), the machining head comprising a drive shaft (12) for direct or indirect driving of a rotatable tool (24) of the machining head; and
a flexible shaft (Bohler '943 teaches a gear system involving wheels 19 and 20, see Bohler '943 fig. 1, but also teaches that a flexible shaft may be used in conjunction with a motor located further away, see Bohler '943 6:61-65) which couples a motor shaft (22) of the motor (3) to the drive shaft (12) of the machining head (1); wherein the flexible shaft is directly coupled to the drive shaft of the machining head (in a single-tool embodiment, shaft 12 may be directly coupled to a motor output such as a flexible shaft, see Bohler '943 4:28-39); and
a joint that couples the machining head to a plate (23) to enable a uniaxial or biaxial tilting of the machining head independent of linear motion of the plate (ball joint 6 allows for tilting around multiple axes, see Bohler '943 figs. 2-3 and 1:43-57; ball joint may be replaced with a universal joint such as a cardan joint, see Bohler '943 6:52-60).
Bohler '943 does not teach that the apparatus includes a first carrier plate, a second carrier plate, and a linear actuator spanning a distance between the first carrier plate and the second carrier plate; wherein the motor is mounted to the first carrier plate.
However, Naderer teaches an apparatus comprising: a first carrier plate (51); a second carrier plate (52); a motor (31) mounted to the first carrier plate (Naderer fig. 2); a linear actuator (2) spanning a distance between the first carrier plate and the second carrier plate (Naderer fig. 2); and a machining head (combination of 58 and 32, see Naderer fig. 2) mounted on the second carrier plate (see Naderer fig. 2).
It would have been obvious to a person of ordinary skill in the art before the effective filing date to combine the teachings of Naderer regarding carrier plates and a linear actuator with the apparatus of Bohler '943 such that the modified apparatus included a first carrier plate, a second carrier plate, and a linear actuator spanning a distance between the first carrier plate and the second carrier plate; wherein the motor is mounted to the first carrier plate, and wherein the joint enabled multiaxial tilting independent of the linear actuator, as doing so would allow for the tool to be used on a robot arm while avoiding unwanted force overshoots and enhancing quality, see Naderer Translation [0025]-[0027]).
19. Bohler '943 in view of Naderer teaches the apparatus of claim 18, wherein the joint is a universal joint (joint may be a universal joint such as a cardan joint, see Bohler '943 6:52-60).
20. Bohler '943 in view of Naderer teaches the apparatus of claim 19, wherein the universal joint forms a cardanic suspension (preferred universal joint is a cardan joint, see Bohler '943 6:52-60). Bohler '943 as modified does not teach that it further comprises: a support structure which is connected to a first end of the linear actuator, wherein the universal joint forms a cardanic suspension for mounting the machining head on the support structure.
However, Naderer teaches a support structure (second carrier plate 52 includes structural elements capable of serving as a support) which is connected to a first end of the linear actuator (52 is connected to one end of linear actuator 2, see Naderer fig. 2).
It would have been obvious to a person of ordinary skill in the art before the effective filing date to combine the teachings of Naderer regarding a support structure with the apparatus of Bohler '943 as modified such that the modified apparatus included a support structure connected to a first end of the linear actuator, wherein the universal joint forms a cardanic suspension for mounting the machining head on the support structure, as doing so would allow for the tool to be used on a robot arm while avoiding unwanted force overshoots and enhancing quality, see Naderer Translation [0025]-[0027]).
21. Bohler '943 in view of Naderer teaches the apparatus of claim 20, wherein the universal joint enables a tilting movement around two axes of tilt which extend through the machining head at a distance from a topside of the machining head (joint of Bohler '943 allows for tilting movement around an arbitrary number of axes of tilt, a cardan joint as suggested by Bohler '943 would have the ability to tilt across at least two axes so as to ensure a similar range of motion; the axes would need to have a center of gravity at the center of the pivoting of the tool seat, which is located in the machining head of Bohler '943, see Bohler '943 figs. 2-3 and 1:43-57).
32. Bohler '943 in view of Naderer teaches the apparatus of claim 18, But does not explicitly teach that the motor shaft of the motor and the drive shaft of the machining head are coupled to each other by the flexible shaft and a telescopic shaft. However, Bohler '943 teaches the use of a flexible shaft to couple the motor to the machining head (see Bohler '943 6:61-65), while Naderer teaches the use of a telescopic shaft (54) to couple a motor shaft (33) to a drive shaft (58, see Naderer fig. 2). It would have been obvious to a person of ordinary skill in the art before the effective filing date to combine the teachings of Bohler '943 and Naderer such that the apparatus included both a flexible shaft and a telescopic shaft and the motor shaft of the motor and the drive shaft of the machining head are coupled to each other by the flexible shaft and the telescopic shaft, as integrating a telescopic shaft into the apparatus would allow for unhindered movement of the linear actuator (see Naderer [0033]).
34. Bohler '943 teaches an apparatus comprising:
a motor (3);
a machining head (tool seat 1, see Bohler '943 figs. 1 and 3) mounted on a carrier plate (23) by a universal joint that enables tilting movement of the machining head around two axes of tilt independent of linear motion of the plate (ball joint 6 allows for tilting around multiple axes, see Bohler '943 figs. 2-3 and 1:43-57; ball joint may be replaced with a universal joint such as a cardan joint that would allow for tilting around two axes, see Bohler '943 6:52-60), the machining head comprising a drive shaft (12) for direct or indirect driving of a rotatable tool (24) of the machining head; and
a flexible shaft (Bohler '943 teaches a gear system involving wheels 19 and 20, see Bohler '943 fig. 1, but also teaches that a flexible shaft may be used in conjunction with a motor located further away, see Bohler '943 6:61-65) which couples a motor shaft (22) of the motor (3) to the drive shaft (12) of the machining head (1); wherein the flexible shaft is directly coupled to the drive shaft of the machining head (in a single-tool embodiment, shaft 12 may be directly coupled to a motor output such as a flexible shaft, see Bohler '943 4:28-39),
wherein the two axes of tilt extend through the machining head at a distance from a topside of the machining head (Bohler '943 teaches that joint 6 is mounted on a plate 23 via a holder 5 which is positioned below an upper end of the machining head defined by the topmost portion of shaft 12, see Bohler '943 figs. 1-4b. Because holder 5 is located below the top portion of the machining head, the axes of tilt of joint 6 are distant from the topside. Replacing the ball joint with a universal joint would not change the relative vertical positions of the topside of the machining head and the tilt axes).
Bohler '943 does not teach that the apparatus includes a first carrier plate, a second carrier plate, and a linear actuator spanning a distance between the first carrier plate and the second carrier plate; wherein the motor is mounted to the first carrier plate.
However, Naderer teaches an apparatus comprising: a first carrier plate (51); a second carrier plate (52); a motor (31) mounted to the first carrier plate (Naderer fig. 2); a linear actuator (2) spanning a distance between the first carrier plate and the second carrier plate (Naderer fig. 2); and a machining head (combination of 58 and 32, see Naderer fig. 2) mounted on the second carrier plate (see Naderer fig. 2).
It would have been obvious to a person of ordinary skill in the art before the effective filing date to combine the teachings of Naderer regarding carrier plates and a linear actuator with the apparatus of Bohler '943 such that the modified apparatus included a first carrier plate, a second carrier plate, and a linear actuator spanning a distance between the first carrier plate and the second carrier plate; wherein the motor is mounted to the first carrier plate, and wherein the joint enabled multiaxial tilting independent of the linear actuator, as doing so would allow for the tool to be used on a robot arm while avoiding unwanted force overshoots and enhancing quality, see Naderer Translation [0025]-[0027]).
35. Bohler '943 in view of Naderer teaches the apparatus of claim 18, wherein the machining head comprises a backing pad configured to carry a grinding disk (tool support 24 is a backing for a grinding disk, see Bohler '943 figs. 1 and 6b and 6:21-36).
38. Bohler '943 in view of Naderer teaches the apparatus of claim 18, wherein the joint is a universal joint (ball joint 6 allows for tilting around multiple axes, see Bohler '943 figs. 2-3 and 1:43-57; ball joint may be replaced with a universal joint such as a cardan joint, see Bohler '943 6:52-60) having a first tilt axis and a second tilt axis on a single plane which is below a plane on which a lower end of the flexible shaft is located (Bohler '943 teaches that joint 6 is mounted on a plate 23 via a holder 5 which is positioned below an upper end of machining head shaft 12 which would interface with a flexible shaft, see Bohler '943 figs. 1-4b. Because holder 5 is located below the junction point, tilt axes of the ball joint are lower than a plane on which a lower end of the flexible shaft would be located. Replacing the ball joint with a universal joint would not change the relative vertical positions of the flexible shaft and the tilt axes.).
39. Bohler '943 in view of Naderer teaches the apparatus of claim 18, wherein the drive shaft of the machining head is configured to rotate around an axis of rotation that is transverse to an axis of rotation of the motor shaft (because the drive shaft of the machining head of the modified apparatus would be connected to the motor shaft via a flexible shaft, it would be capable of tilting such that it was rotating around an axis of rotation that is transverse to an axis of rotation of the motor shaft).
Claims 22-23 and 37 are rejected under 35 U.S.C. 103 as being unpatentable over Bohler '943 in view of Naderer as applied to claim 20 above, and further in view of in view of Alvernhe et al. (EP 0225575, "Alvernhe").
22. Bohler '943 in view of Naderer teaches the apparatus of claim 20, but does not explicitly teach that the second carrier plate has two diametrically opposed limbs, wherein the machining head is mounted on the two limbs by the cardanic suspension.
However, Alvernhe teaches a structure for a cardanic universal joint (3, see Alvernhe fig. 1) used in association with a tool (1) wherein a machining head (1) is mounted on two limbs (8) by the cardanic suspension (limbs 8 hold pins 7 of cardanic suspension 3, to which machining head 1 is mounted via tool holder 2, see Alvernhe fig. 1). It would have been obvious to a person of ordinary skill in the art before the effective filing date to integrate the teachings of Alvernhe regarding the structure of a cardanic suspension and carrier into Bohler '943 as modified such that the resulting apparatus included a carrier plate having two diametrically opposed limbs, wherein the machining head is mounted on the two limbs by the cardanic suspension, as Bohler '943 teaches the use of a cardan joint but does not teach a specific structure for such a joint, while Alvernhe teaches a suitable structure. Integrating the structure of Alvernhe with the device of Bohler '943 as modified represents the combination of known prior art elements according to known methods and the results of such a combination would have been predictable to one of ordinary skill.
23. Bohler '943 in view of Naderer and Alvernhe teaches the apparatus of claim 22, wherein the support structure comprises an opening through which the machining head or the flexible shaft extends (tool seat 1 extends through an opening 8 including holes for shaft 12, see Bohler '943 figs. 1 and 3).
37. Bohler '943 in view of Naderer teaches the apparatus of claim 18, wherein the joint is a universal joint (ball joint 6 allows for tilting around multiple axes, see Bohler '943 figs. 2-3 and 1:43-57; ball joint may be replaced with a universal joint such as a cardan joint, see Bohler '943 6:52-60), but does not explicitly teach that the universal joint is mounted on two lateral limbs of the second carrier plate.
However, Bohler '943 does teach that the joint (6) is mounted on a plate (23) via a holder (5, see Bohler '943 figs. 1-4b).
Furthermore, Alvernhe teaches a structure for a cardanic universal joint (3, see Alvernhe fig. 1) used in association with a tool (1) wherein a machining head (1) is mounted on two limbs (8) by the cardanic suspension (limbs 8 hold pins 7 of cardanic suspension 3, to which machining head 1 is mounted via tool holder 2, see Alvernhe fig. 1). It would have been obvious to a person of ordinary skill in the art before the effective filing date to integrate the teachings of Alvernhe regarding the structure of a cardanic suspension and carrier into Bohler '943 as modified such that the universal joint of the resulting apparatus was mounted on two lateral limbs of the second carrier plate, as Bohler '943 teaches the use of a cardan joint but does not teach a specific structure for such a joint, while Alvernhe teaches a suitable structure. Integrating the structure of Alvernhe with the device of Bohler '943 as modified represents the combination of known prior art elements according to known methods and the results of such a combination would have been predictable to one of ordinary skill.
Claim 36 is rejected under 35 U.S.C. 103 as being unpatentable over Bohler '943 in view of Naderer as applied to claim 18 above, and further in view of in view of Bohler (US 6848984, "Bohler '984).
36. Bohler '943 in view of Naderer teaches the apparatus of claim 18, wherein the machining head comprises a backing pad (tool support 24 is a backing for a grinding disk, see Bohler '943 figs. 1 and 6b and 6:21-36) and a drive that couples the drive shaft of the machining head to the backing pad (adapter 15 couples tool support 24 to drive shaft 12, see Bohler '943 figs. 1, 6a-6b, and 4:66-5:22). Bohler '943 as modified does not explicitly teach that the drive is configured to effect an eccentric rotation of the backing pad. However, Bohler '984 teaches a backing pad (flat tool mounting 2 is configured to hold a rubbing or polishing tool, see Bohler '984 figs. 1-2 and 3:13-21) and a drive that couples the drive shaft of the machining head to the backing pad, wherein the drive is configured to effect an eccentric rotation of the backing pad (drive comprising driver peg 4 and eccentric tappet 3 are connected to a shaft 9 and put the tool mounting 2 into eccentric rotary motion, see Bohler '984 figs. 1-2 and 3:50-4:16 and 4:57-64).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the apparatus of Bohler '943 as modified to incorporate the teachings from Bohler '984 regarding a backing pad and drive configured to effect an eccentric rotation of the backing pad, as Bohler '984 specifically teaches that its backing pad and drive may be used with the apparatus of Bohler '943 (see Bohler '984 4:17-39 and 5:59-65).
Response to Arguments
Applicant's arguments filed 19 March, 2026 have been fully considered but they are not persuasive.
Applicant's arguments state that the prior art does not teach or suggest the limitations added in the most recent amendment. Because the prior art does teach or suggest those limitations, for the reasons set forth above, applicant’s arguments are unpersuasive.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Pierednik et al. (US 9579770 B2), McDonough (US 2670577), and Kammerer (US PGPub 2009/0247059) teach grinding apparatuses incorporating flexible shafts and multi-axial joints.
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/J.R.Z./ Examiner, Art Unit 3723
/MONICA S CARTER/ Supervisory Patent Examiner, Art Unit 3723