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 .
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.
Claim(s) 1-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yoshikawa US 2022/0193840, in view of Wetherill et al. US 5,186,086 (hereafter—Wetherill--).
In regards to claim 1, Yoshikawa discloses a shield holder (40) configured to be detachably connected to a spindle (14) of a machining tool (see Figures 1 and 2) and comprising: a connection portion (45) configured to be detachably connected to the spindle (14); and a shield portion (41) formed at an end of the connection portion (45) and including: a shield body (41) integrally formed with the connection portion (45).
However, Yoshikawa fails to disclose that there is a cushion layer formed on and covering a surface of the shield body.
Nevertheless, Wetherill teaches that it is well known in the art of machining, to have a receptacle be lined with a cushioned liner (elastomers, natural rubbers, synthetic plastics or polyethylene) formed on and covering a surface of the receptacle (column 4, lines 6-14). A person having ordinary skill in the art would have recognized that by providing a cushioned liner (or cushion layer) on a surface of the receptacle will provide a buffer or cushion so as to absorb force when a workpiece or chip or debris falls/contacts the receptacle and thus prevent any scattering from happening.
As such, it would have been obvious to a person having ordinary skill in the art at the time Applicant’s invention was filed, to modify Yoshikawa’s shield body to have a cushion layer on and covering a surface of the shield body, based on the teachings of Wetherill, in an attempt to provide a buffer or cushion and thus prevent any scattering of debris, chips or workpiece from happening.
In regards to claim 2, Yoshikawa as modified discloses the shield holder as claimed in claim 1, Yoshikawa as modified also discloses that the shield body (41 of Yoshikawa) includes: a top portion (1) 40b of Yoshikawa or 2) 44 of Yoshikawa) having an end surface facing away from the connection portion (45 of Yoshikawa); and a surrounding portion (1) 43, 44, 40a, 40c-f of Yoshikawa or 2) 43, 40a-f of Yoshikawa) extending away from the connection portion (45 of Yoshikawa) from the end surface of the top portion (1) 40b of Yoshikawa or 2) 44 of Yoshikawa ) and being curved1 (at least portions 40c and 43 of Yoshikawa) to form a notch (42 of Yoshikawa) at a concave side of the surrounding portion (43, 44, 40a, 40c-f of Yoshikawa or 2) 43, 40a-f of Yoshikawa) (see Figures 4 and 5 of Yoshikawa).
In regards to claim 3, Yoshikawa as modified discloses the shield holder as claimed in claim 2, Yoshikawa as modified also discloses that the cushion layer (of Wetherill now in Yoshikawa as modified) is entirely formed on and covers a surface (44 of Yoshikawa) of the surrounding portion (43, 44, 40a, 40c-f of Yoshikawa) of the shield body (41 of Yoshikawa).
In regards to claim 4, Yoshikawa as modified discloses the shield holder as claimed in claim 3, Yoshikawa as modified also discloses that the cushion layer (of Wetherill now in Yoshikawa as modified) is formed on and covers the end surface of the top portion (44 of Yoshikawa) of the shield body.
In regards to claims 5, 6, 7 and 8, Yoshikawa as modified discloses the shield holder as claimed in claims 1, 2,3 and 4 respectively, Yoshikawa as modified also discloses that the shield body (41 of Yoshikawa) and the connection portion (45 of Yoshikawa) are integrally made; and the cushion layer (of Wetherill now in Yoshikawa as modified) is made of elastomer (column 4, lines 6-14 of Wetherill) formed on and covering the surface (44 of Yoshikawa) of the shield body (41 of Yoshikawa).
However, Yoshikawa fails to disclose that the shield body and the connection portion are made of metal.
Nevertheless, it would have been obvious to a person having ordinary skill in the art, at the time Applicant’s invention was filed to have the shield body and the connection portion of Yoshikawa be made of metal, since it has been held that the selection of a known material is based on its suitability for its intended use. See MPEP § 2144.07 (“The selection of a known material based on its suitability for its intended use supported a prima facie obviousness determination in Sinclair & Carroll Co. v. Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945)”). See also In re Leshin, 277 F.2d 197 (CCPA 1960) (selection of a known plastic to make a container of a type made of plastics prior to the invention was held to be obvious).
In regards to claim 9, 10, 11 and 12, Yoshikawa as modified discloses the shield holder as claimed in claims 5, 6, 7 and 8 respectively, Yoshikawa as modified also discloses that the cushion layer is a thermoplastic elastomer (polyethylene, column 4, line 7 of Wetherill).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NICOLE N RAMOS whose telephone number is (571)272-5134. The examiner can normally be reached Mon-Thu 7:00 am -5:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sunil K Singh can be reached at (571) 272-3460. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NICOLE N RAMOS/Primary Examiner, Art Unit 3722
1 “bent or formed into a curve” CURVE Definition & Meaning - Merriam-Webster
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