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 .
Response to Amendment
This action is in response to Applicant’s amendment filed 2/26/26.
Response to Arguments
Applicant's arguments filed 2/26/26 have been fully considered but they are not persuasive and additionally do not address the new grounds of rejection and/or interpretation below necessitated by Applicant’s amendments. Specifically, the Examiner disagrees that the limitations now added to the claims are directed to a solely axial arrangement of the bearing surfaces or discs. The language added to the claims does not exclude or otherwise prohibit the interpretation relied on below of the prior art. For example, the claim does not state that the bearing surfaces completely overlap, are vertically or axially etc. In Turchi, portions of the shaft disc and housing discs are spaced apart from each other in the axial direction (e.g. meeting the limitations at least in part), and having the arrangement of the bearing surfaces and rolling elements as claimed. The claim further does not state that the discs are only axially opposed, and do not overlap in the radial direction. Further, the Examiner respectfully disagrees with Applicant’s statement that the ”bearing surfaces must also be opposed to one another in the axial direction” as such language is not commensurate with the scope of the claims. In order to move the application forward, the Examiner suggests additionally stating that the bearing surfaces are vertically and/or perpendicularly aligned with the axial direction and/or that the bearing surfaces are completely or entirely overlapped with each other. However, no new matter should be entered and such amendments would require further search and/or consideration. Therefore, Applicant’s arguments have been fully considered but are not persuasive and additionally do not address the new grounds of rejection and/or interpretation below necessitated by Applicant’s amendments.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1 and 4 are rejected under 35 U.S.C. 103 as being unpatentable over Turchi et al in view of Damato et al (US 2011/0059418 A1).
Regarding claim 1, Turchi et al discloses a dental handpiece (Fig. 1) for rotating a rotating dental tool (see tool in Fig. 1 at end of device), comprising: a housing (68/53/51) that has a handle (68) and a chuck (36) for receiving the dental tool in the dental handpiece; a turbine (12/11/14/16/18) which can be driven by compressed gas and/or compressed air and has a turbine wheel (12) and a rotor shaft (14/16/18) connected to the turbine wheel; wherein the rotor shaft is connected to the chuck to transmit the rotation of the turbine wheel to the chuck (see citations below); and two axial groove ball bearings 22 and 24), which are arranged on an upper area (16) and a lower area (18) of the rotor shaft, wherein each axial groove ball bearing comprises a shaft disc (17/19), a housing disc (32), and a single row of rolling elements (30), the shaft disc and the housing disc are spaced part in an axial direction of the rotor shaft (at least in part, for example at X and Y, below) and define opposing bearing surfaces (X and Y), and the rolling elements are arranged between the shaft disc and the housing disc in the axial direction of the rotor shaft in contact with the opposing bearing surfaces (see Fig. below); wherein the shaft disc of each axial groove ball bearing acts on the rotor shaft or is integrated with the turbine wheel (acts on shaft/wheel as it is attached thereto, see citations below); wherein the housing disc of each axial groove ball bearing is mounted in the housing (see Fig. 4 and citations below); wherein the housing disc of each axial groove ball bearing has a projection (A, below) extending in the axial direction of each axial groove ball bearing, and the projection covers the rolling elements of each axial groove ball bearing on the outside (e.g. covers sides of rolling elements); wherein a step (B) is defined on the outside of the shaft disc in the region of the snap ring (see below); and wherein each axial groove ball bearing further comprises a snap ring (26/28) attached to the inside of the projection of the housing disc and engage with the step to retain the rolling elements between the shaft disc and the housing disc (see Fig. 4; column 2, lines 1-72 and col 3, lines 1-50).
Regarding claim 4, Turchi further discloses wherein the turbine wheel and the rotor shaft are made in one piece (see Fig. 4).
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While Turchi discloses that the housing disc comprises the projection and snap ring attached thereto, Turchi does not explicitly teach that the projection has a groove to snap mount the snap ring therein as required.
Damato, however, teaches a similar dental handpiece (Fig. 2 and alternate bearing of Fig. 4), wherein the bearing comprises a housing disc (at 149) having a groove which retains a snap ring (54); see groove that 54 is retained therein (see Also Fig. 2-3 with labeled snap rings). Therefore, it would have been obvious to one of ordinary skill in the art before the filing date of the invention to modify the device of Turchi to include Damato’s groove, as such modification would provide a more secure attachment of the snap ring to the housing disc. The Examiner notes that should the device of Turchi be modified with the teaching of Damato, the snap ring (seal) would be configured to be snapped into the groove at least to some degree in order to be retained therein.
Claim(s) 3 is rejected under 35 U.S.C. 103 as being unpatentable over Turchi in view of Damato, as combined above, further in view of Brenner et al (US 5795167).
Regarding claim 3, Turchi/Damato, as combined above, does not teach wherein each axial groove ball bearing is preloaded in the axial direction with a force greater than or equal to 3 N and less than or equal to 8 N as required.
Damato, however, additionally teaches that the bearings can be axially preloaded (via 17). Therefore, it would have been obvious to one of ordinary skill in the art before the filing date of the invention to modify the device of Turchi/Damato, as combined above, to further include Damato’s preloading device, as such modification would aide in retention and operation of the bearings.
Brenner, however, teaches a similar air driven dental tool which comprises an axially preloaded ball bearing (20) which is preloaded by a spring washer (80) to a force of between 3-8 N (24oz force converts to 6.67 N; see col 4, lines 56-60). Therefore, it would have been obvious to one of ordinary skill in the art before the filing date of the invention to modify the device of Turchi/Damato, as modified above, to preload the bearings in an axial direction to between 3-8 N, as taught by Brenner, as such modification would provide longer bearing life and smoother operation (see Brenner, citations above).
Conclusion
THIS ACTION IS MADE FINAL. 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 EDWARD MORAN whose telephone number is (571)270-5349. The examiner can normally be reached Monday-Friday 7 AM-4 PM EST.
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/EDWARD MORAN/Primary Examiner, Art Unit 3772