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 .
Information Disclosure Statement
The IDS filed on 2/13/2024 is being considered by the Examiner.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Drawings
The drawings are objected to because in Figure 1, the shading of the Drawing makes it difficult to discern/see components which are relevant towards the claimed subject matter and functionality of the device. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 26-30 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 26, within the context of the claimed invention, it is unclear what structure is imparted by the recitation of “an unbalance”.
Regarding claim 27, the is unclear if the claim scope requires 1) a or b or c; or 2) a and b, or c. Please amend the claim to reflect Applicant’s intent. It is also unclear what is imparted by recitation of “by virtue of”. For the purposes of examination, claim 27 is being interpreted to impart option 1).
Regarding claim 28, “a grinding movement”, “a wobbling movement”, and “a flat plane” have previously establish antecedent bases in claim 16. Please amend the claim to reflect proper antecedent basis or add clarification if the recitations impart new structure/movement.
Regarding claim 30, “a grinding movement” has previously established antecedent basis. Please amend the claim to reflect proper antecedent basis or add clarification if the recitations impart new structure/movement.
Any claim listed as rejected above but not specifically addressed above has inherited the rejection of a claim specifically addressed above due to dependency therefrom.
Claim Rejections - 35 USC § 102
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.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 16-24 and 26-30 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by West (US 2,993,311).
Regarding claim 16, West discloses a grinder (sander 13) comprising:
a motor (see Col. 1, lines 14-17; Col. 2, lines 9-14 disclose an electric drill setup in combination with a drive, i.e. a motor; see also Col. 3, lines 1-5 regarding a source of turning power; see also Figure 1 regarding the body of the sander 13),
the grinder connectable to a grinding disk (disk 15) and configured to enable a wobbling movement, in addition to a grinding movement in a flat plane, of the grinding disk when the grinding disk is connected to the grinder (Col. 2, lines 14-22; see also Col. 1, lines 49-63 regarding the configuration of grinding which enables simultaneous tilting and rotating, i.e. a wobbling movement and a grinding movement; see also Col. 3, lines 20-36).
Regarding claim 17, West discloses the claimed invention as applied above, wherein West further discloses wherein the grinding movement in the flat plane and the wobbling movement of the grinding disk are superimposed (wherein when the device is in the ball joint mode, swiveling and rotation are enabled, i.e. wherein the two movements are superimposed).
Regarding claim 18, West discloses the claimed invention as applied above, wherein West further discloses wherein when the wobbling movement is being carried out, only a part of the grinding disk is in contact with an underlying surface to be machined (wherein Examiner acknowledges the functional language of the claimed invention, and wherein under broadest reasonable interpretation, the apparatus is capable of being in the ball joint mode, and sanding a surface such as a plate shaped workpiece, wherein a user may sand edge portions of the plate with the grinding disk surface in partial contact, i.e. the grinding disk surface overhangs while sanding).
Regarding claim 19, West discloses the claimed invention as applied above, wherein West further discloses a grinding shaft connected to the grinding disk, wherein the grinding shaft has a rigid portion and a wobbling portion (see shank 12, stem 29, screw 22, Figure 2; see also ball 30).
Regarding claim 20, West discloses the claimed invention as applied above, wherein West further discloses wherein the wobbling movement of the grinding disk is enabled by a wobbling movement of the grinding shaft (Col. 2, lines 49-72; Col. 3, lines 37-53).
Regarding claim 21, West discloses the claimed invention as applied above, wherein West further discloses wherein the grinding shaft has a fixed point dividing the grinding shaft into the rigid portion and the wobbling portion (see at least Figure 2 regarding the coupling element 35, as well as Col. 2, line 49-Col. 3, line 5).
Regarding claim 22, West discloses the claimed invention as applied above, wherein West further discloses a flexible mounting for the grinding shaft in a region of the wobbling portion of the grinding shaft, in order to enable the wobbling movement (see ball 30, coupling element 35, as well as Col. 2, line 49-Col. 3, line 5).
Regarding claim 23, West discloses the claimed invention as applied above, wherein West further discloses wherein the flexible mounting of the grinding shaft has an elastic element, in order to enable the wobbling movement (see spring 52, as well as Col. 2, lines 63-70; see also Figure 5).
Regarding claim 24, West discloses the claimed invention as applied above, wherein West further discloses further comprising an arrester for securing the flexible mounting (see Figures 3-5, as well as Col. 3, lines 37-53).
Regarding claim 26, West discloses the claimed invention as applied above, wherein West further discloses wherein the grinding disk has an unbalance for assisting the wobbling movement (wherein the unbalance is provided as by the unlocked ball joint configuration, i.e. there is no structure for balancing the grinding disc when unlocked, thus enabling the combined movements).
Regarding claim 27, West discloses the claimed invention as applied above, wherein West further discloses wherein the unbalance is provided by virtue of the following:
a) an asymmetrical arrangement of grinding elements on the grinding disk;
b) grinding elements of different sizes (wherein there are several interconnected elements relevant for grinding which are different sizes, including the spring 52, diameter of driving ring 43, ball 30, and coupling element 35); or
c) an asymmetric configuration of a basic body of the grinding disk.
Regarding claim 28, West discloses the claimed invention as applied above, wherein West further discloses method for operating the grinder as recited in claim 16, the method comprising the following steps:
a) providing the grinder (see Figure 1 regarding sander 13); and
b) operating the grinder, the grinder performing a grinding movement constituting a superimposition of a grinding movement in a flat plane and a wobbling movement of the grinding disk (Col. 2, lines 14-22; see also Col. 1, lines 49-63 regarding the configuration of grinding which enables simultaneous tilting and rotating, i.e. a wobbling movement and a grinding movement; see also Col. 3, lines 20-36; wherein when the device is in the ball joint mode, swiveling and rotation are enabled, i.e. wherein the two movements are superimposed).
Regarding claim 29, West discloses the claimed invention as applied above, wherein West further discloses wherein the wobbling movement can be switched off by actuating an arrester (see Figures 3 and 4, as well as Col. 3, lines 37-63).
Regarding claim 30, West discloses the claimed invention as applied above, wherein West further discloses wherein the grinder is operable in two work modes, wherein,
in a first work mode, the grinder performs a grinding movement in the flat plane or a further flat plane, and wherein in a second work mode, the grinder performs a grinding movement constituting the superimposition of the grinding movement in the flat plane and the wobbling movement of the grinding disk (see Figure 1, as well as Col. 3, lines 20-53).
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) 25 is/are rejected under 35 U.S.C. 103 as being unpatentable over West (US 2,993,311) in view of Greaves (US 8,714,744).
Regarding claim 25, West discloses the claimed invention as applied above. However, West does not explicitly teach comprising a drive coupling for damping vibrations.
However, from the same or similar field of endeavor of hand held tools which have adjustable axes of action, Greaves teaches of incorporating a coupling element which is provided for damping vibrations (see Col 5, line 56-Col. 6, line 15; see also Col. 10, line 48-Col. 11, line 3).
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 a damping element, as taught by Greaves, into the invention of West. One would be motivated to do so in order to provide good vibration isolation characteristics and shock absorption properties (Greaves, Col. 10 lines 58-67), which increases user safety by minimizing the transferal of vibrations to a user.
Conclusion
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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Posigian can be reached at 313-446-6546. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MAKENA S MARKMAN/Primary Examiner, Art Unit 3723