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 Arguments
Claims 1, 3, 5-19, 21, 22, and 37 are currently pending. Claims 15-19, 21, and 22 are withdrawn as a result of the Restriction requirement issued on 3/26/2025.
Applicant’s arguments directed towards the amendments submitted in the response filed 1/14/2026 are moot, as the updated grounds of rejection was necessitated by amendment.
Applicant's arguments filed 1/14/2026, directed towards the prior art as previously applied, have been fully considered but they are not persuasive.
Regarding Applicant’s Argument that there is “no teaching, suggestion, or motivation” provided for the modification of claim 9 because the portion of Fritz cited by Examiner is “limited to spin welding” (Page 9, Arguments), Examiner has not found persuasive.
Claim 9 recites “wherein the fastener is ultrasonically welded into the center hole”. Examiner cited to a portion of Fritz which states that ‘at least’ spin welding is simple, effective, and convenient; Examiner further points out that in the same paragraph, see Col. 7, lines 56-67, welding techniques which include both ultrasonic welding and spin welding provide both an adhesive and mechanical bond, which is considered beneficial for strength. Examiner also points out that the benefits of being simple, effective, and convenient were not limited to solely spin welding, i.e. ‘at least spin welding’, as described by Fritz. Lastly, as the scope of present claim 9 includes the amendments incorporated into claim 1, i.e. the rejection has been updated to reflect the additional citations and new claim scope, as necessitated by amendment.
Regarding Applicant’s argument directed towards the rejection of claim 11 as previously applied, specifically that Winter does not “explicitly state” the subject matter of claim 11, and that “no evidence to support [the] position” has been provided, and that “one skilled in the art having common sense at the time of the invention would not have reasonably looked to a secondary reference to solve a problem already solved by the primary reference” (Pages 10-11, Arguments), Examiner has not found persuasive.
As can be seen in Figures 3 and 4 of Winter, the location of contact between the hub (12) and the rotatable body (14) exists only at the interior surface of the center hole. Furthermore, Col. 6, lines 23-46 of Winter teaches specifically about the mechanical interlock features between the hub (12) and rotatable body (14). When seeking to ensure the claims are being interpreted in light of the specification, Examiner reflected upon the instant Specification, specifically describing that “the fastener does not extend over, or couple to, an abrading face of the abrasive disc” (Page 10, lines 9-11 and page 7, lines 11-14). This interpretation of claim 11 in light of the specification was used in order to discern the metes and bounds of the claimed invention, and was also used when ascertaining whether a prior art teaches the claimed features. Thus, under broadest reasonable interpretation in light of the specification, Johnson as modified by Fritz and Winter teaches the features recited in claim 11.
Regarding Applicant’s argument that “one skilled in the art having common sense at the time of the invention would not have reasonably looked to a secondary reference to solve a problem already solved by the primary reference” (Pages 10-11, Arguments), Examiner has not found persuasive. As indicated in the previous office action, Johnson intimates and suggests alternative types of fastening, including in Col. 3, lines 20-27 and Col. 2, lines 39-45. Johnson even describes another embodiment in which the end surface (30) of the threaded fastener portion (16) is slightly recessed inside or flush with the outer abrasive surface for the purpose of not interfering with the grinding operation (Col. 3, lines 53-58). These contemplations indicate that Johnson considered alternatives. Furthermore, the structure taught by Winter beneficially provides an enhanced, secure mechanical interlock (see Col. 6, lines 40-43), which was referenced in the previous grounds of rejection. Thus, Examiner has not found Applicant’s arguments persuasive. This action is made final herein, as necessitated by amendment.
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.
Claim(s) 1, 3, 5-7, 9, 10, 12-14, and 37 is/are rejected under 35 U.S.C. 103 as being unpatentable over Johnson (US 4,951,423 in view of Fritz (US 7,121,924).
Regarding claim 1, Johnson discloses a dual sided abrasive disc (see Abstract) comprising:
a first side comprising a first abrading face; a second side, comprising a second abrading face, wherein the second side is opposite the first side and separated by a thickness (see discs 2, 3 disposed opposite one another, separated by a thickness, and each having an abrasive material 10 thereon; see Figures 1-4, as well as Col. 2, lines 29-45);
a center hole extending from the first side to the second side through the thickness (see central opening 9, central bore 8, as well as Col. 2, lines 29-35 and 46-52); and
a fastener for coupling the dual sided abrasive disc to a powered tool, the fastener positioned within the center hole (see at Figures 2-4, wherein there are several contemplated embodiments of fastening to a tool, see at least the partially threaded portion 33 of member 25 in Figure 4, as well as the central bore of element 4 having threads 33 in Figures 2 and 3; see also Col. 2 line 53-Col. 3, line 36; see also Col. 3, lines 37-41 regarding the tool).
However, Johnson does not explicitly teach that the discs (2, 3) comprises abrasive grain throughout, i.e. wherein the dual sided abrasive disc comprises abrasive grain throughout the thickness.
However, from the same or similar field of endeavor, Fritz teaches of a dual sided abrasive disc, wherein the dual sided abrasive disc comprises abrasive grain throughout the thickness (see Figure 3A; wherein the article 340 comprises abrasive particles dispersed throughout the web 312; see Col. 4, lines 47-65; see also Col. 5, lines 1-7; see also abrasive layer having abrasive particles dispersed in binder resin 232, see also Col. 3, line 62-Col. 4, line 3).
Both Johnson and Fritz are directed towards abrasive articles configured to perform surfacing on a workpiece. Fritz describes several embodiments, including one which instead comprises a coating of abrasive articles (i.e. similar to the disclosure of Johnson), see Col. 1, lines 6-14, Col. 2, lines 46-52, and Col. 3, lines 52-61, and another embodiment which disperses abrasive particles throughout the body of the article. 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 apparatus of Johnson in view of the dispersed abrasive article configuration as taught by Fritz. One would be motivated to select an article with abrasive particles dispersed throughout in order to employ an abrasive with a different, longer wear rate than one which only has a surface coated with abrasives. An abrasive article which has particles dispersed throughout the thickness enables gradual wear of the device while exposing new abrasive particles as a result of the wear/usage. This is a beneficial feature in comparison with an abrasive articles with just a coated surface, and thus article replacement frequency is decreased. Furthermore, as can be understood by Fritz presenting several embodiments, including one which overlaps in subject matter with Johnson, the dispersion of abrasive articles throughout is an alternative to a coated abrasive article. Lastly, this modification would be recognized as employing a known technique, i.e. an abrasive element comprised of abrasive particles dispersed throughout, to improve a similar device in the same manner, and would yield predictable results with a reasonable expectation of success.
Regarding claim 3, Johnson in view of Fritz teaches the claimed invention as applied above, wherein modified Johnson further teaches wherein the first abrading face and the second abrading face comprise abrasive grains of different grades (Johnson: see the Abstract disclosing the abrasive surfaces can carry different grades of abrasives, see also Col. 2, lines 29-45 and Col. 4, lines 1-8).
Regarding claim 6, Johnson in view of Fritz teaches the claimed invention as applied above, wherein modified Johnson further teaches wherein the fastener comprises a thermoplastic or metal (Johnson: wherein Col. 2, lines 53-66 disclose various types of metals and plastics, including steel, brass, copper, aluminum, nylon, polypropylene).
Regarding claim 7, Johnson in view of Fritz teaches the claimed invention as applied above, wherein modified Johnson further teaches wherein the fastener is coupled to the center hole using an adhesive (Johnson: see at least Col. 3, lines 6-10, and Col. 2, lines 34-45).
Regarding claims 5 and 9, Johnson in view of Fritz teaches the claimed invention as applied above. However, modified Johnson does not explicitly teach wherein the fastener is spun weld within the center hole (claim 5), nor wherein the fastener is ultrasonically welded into the center hole (claim 9).
From the same or similar field of endeavor of abrasive articles, Fritz teaches of attaching elements to be spun weld, as well as ultrasonically welded fasteners (Col. 7, line 56-Col. 8, line 7).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have incorporated the fastening techniques as taught by Fritz into the invention of Johnson. Johnson contemplates and suggests several variations in at least Col. 3, lines 20-27 and Col. 2, lines 39-45. One would be motivated to do so because the techniques taught by Fritz are simple, effective, and convenient (see Col. 8, lines 1-3).
Regarding claim 10, Johnson in view of Fritz teaches the claimed invention as applied above, wherein modified Johnson further teaches wherein the fastener comprises internal threading configured to receive an attachment mechanism for coupling to the powered tool (Johnson: see at least the external threading 16 in Figures 5 and 6, and wherein the threaded portion 33 is configured to receive the threading; see Col. 3, lines 1-6 and 23-36).
Regarding claim 12, Johnson in view of Fritz teaches the claimed invention as applied above, wherein modified Johnson further teaches wherein a fastener thickness is smaller than the thickness (Johnson: see at least Figures 2 and 3 showing that the thickness of the fastener is smaller than the overall thickness).
Regarding claim 13, Johnson in view of Fritz teaches the claimed invention as applied above, wherein modified Johnson further teaches wherein a fastener thickness is substantially the same as the thickness (Johnson: wherein under broadest reasonable interpretation, ‘substantially’ the same thickness permits slight deviations from exactly the same thickness, and wherein Johnson discloses a similar thickness in at least Figure 4, and also describes varying thicknesses in Col. 2, lines 60-66).
Regarding claim 14, Johnson in view of Fritz teaches the claimed invention as applied above, wherein modified Johnson further teaches wherein a fastener thickness is larger than the thickness (see at least Figure 4, wherein the thickness of the member 25 is greater than the thickness of the abrasive article 1).
Regarding claim 37, Johnson in view of Fritz teaches the claimed invention as applied above. However, Johnson as presently modified by Fritz does not explicitly teach wherein the dual sided abrasive disc is a nonwoven abrasive disc.
However, previously mentioned Fritz teaches wherein the dual sided abrasive disc is a nonwoven abrasive disc (see Col. 5, lines 4-7; Col. 3, lines 11-14).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have incorporated the nonwoven as taught by Fritz, into the invention of modified Johnson. One would be motivated to do so in order to provide a reinforcing element, i.e. as described by Col. 5, lines 4-7 of Fritz; the additional option of incorporating the nonwoven provides additional reinforcing structure in the context of a device that undergoes machining operations, i.e. the reinforcing element assists in ensuring the structural integrity of the abrasive article.
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Johnson (US 4,951,423) in view of Fritz (US 7,121,924), and in further view of Peterson (US 4,551,189).
Regarding claim 8, Johnson in view of Fritz teaches the claimed invention as applied above, however modified Johnson does not explicitly teach wherein the adhesive is a thermally activated adhesive.
From the same or similar field of endeavor of fastener subcomponents, Peterson teaches a thermally activated adhesive (see at least Col. 1, lines 10-23, Col. 2, lines 22-38, Col. 3 lines 12-43).
Both Johnson and Peterson contemplate using adhesives, however, Johnson is silent regarding the specific type of adhesive. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have used the head activated adhesive, as taught by Peterson, within the device of Johnson. One would be motivated to do so because the variety of adhesive provides a very effective bond, see at least Col. 3, lines 24-29.
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Johnson (US 4,951,423 in view of Fritz (US 7,121,924), and in further view of Winter (US 6,136,143).
Regarding claim 11, Johnson in view of Fritz teaches the claimed invention as applied above, however modified Johnson does not explicitly teach wherein the fastener is coupled to the dual sided abrasive disc only along an interior surface of center hole.
From the same or similar field of endeavor of surface treating articles Winter teaches of a fastener hub (12) coupled to the article (14) only along an interior surface of center hole (see at least figures 3 and 4, wherein the hub 12 is bonded only to the central portion of the article 14; see also Col. 6, lines 23-52).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have incorporated the configuration as taught by Winter, into the invention of Johnson. Johnson contemplates and suggests a wide variety of central fastening portions, see at least Col. 3, lines 20-27 and Col. 2, lines 39-45. This modification would be recognized as using a known structure, i.e. a centrally mounted hub, to improve a similar device in the same manner, and would yield predictable results with a reasonable expectation of success. Furthermore, the structure taught by Winter beneficially provides an enhanced, secure mechanical interlock (see Col. 6, lines 40-43), thus motivating one to incorporate the teachings of Winter.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Hsu (US 2015/0183090), see Abstract.
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 MAKENA S MARKMAN whose telephone number is (469)295-9162. The examiner can normally be reached Monday-Thursday 8:00 am-6:00pm.
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/MAKENA S MARKMAN/ Primary Examiner, Art Unit 3723