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 .
Election/Restrictions
Claims 4-6, which pertain to figures 5-7, are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected species (B and C), there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 11/03/2025.
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 1, 2, 3, 7, 8, and 10-14 are rejected under 35 U.S.C. 103 as being unpatentable over Chen (US 20210006129 A1) and Barry (US 5607345 A).
Referring to claim 1: Chen teaches a random orbital sanding tool (100 Fig. 22) comprising a power motor (200 Fig. 23), a driving spindle (spindle of 300 shown in Fig. 23) connected to the power motor (200 Fig. 23), an eccentric block (500 Fig. 23; 1 Figs. 3, 4, and 6) connected to the driving spindle (spindle of 300 shown in Fig. 23),
a tool holder (13 Figs. 1 and 4) disposed on the eccentric block (500 Fig. 23; 1 Figs. 3, 4, and 6), and
a sanding pad (400 Figs. 22 and 1; “the working member 400 for example, as a sanding member, the working member 400 can rotate smoothly, so that the grinding effect is better” [0086]) connected to the tool holder (13 Figs. 1 and 4) and indirectly driven by the power motor (200 Fig. 23), characterized in that:
the random orbital sanding tool (100 Fig. 22) comprises a member (M, which supports the sanding pad 400, shown in Fig. 1-A inserted below) disposed on the eccentric block (500 Fig. 23; 1 Figs. 3, 4, and 6), the member contacts the sanding pad,
the member has a first state (when the sanding tool is held against the workpiece prior to sanding) of providing a pre-pressure to the sanding pad when the power motor is not activated,
a second state of displacing with the eccentric block (angular displacement of the eccentric block) by revolving of the sanding pad when the power motor is activated, and
a third state (when the sanding tool is powered off and inertial forces are slowing the spinning the sanding pad) of providing a braking force to the sanding pad when the power motor stops running.
But is silent on the member specifically being a frictional member and the frictional member, in a second state, specifically being deformed.
Barry in an analogous sanding tool (“For example, for wood and some metal sanding” Col. 3, lines 50-51) teaches a friction member (12 Figs. 1 and 3, which frictionally holds the similar sanding pad 44) comprising deformable elements (66 Fig. 3; “The preferred hooking stem material is an organic polymeric material, such as a thermosetting material or a thermoplastic material.” Col. 9, lines 32-33) which are capable of being deformed during a similar second state when the power motor is activated.
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 random orbital sanding tool of Chen with the friction member as taught by Barry for the purpose of allowing a quick and easy change of the sanding pad.
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Referring to claim 2: Chen as modified teaches the random orbital sanding tool as claimed in claim 1, wherein an eccentric distance (D shown in Fig. 1-A inserted above) is between the sanding pad (400 Figs. 22 and 1 of Chen) and the driving spindle (spindle of 300 shown in Fig. 23, which is connected to the top passage of 1, “12” shown in Figs. 3 and 4 of Chen), and an end (end of 66 shown in Fig. 2-A inserted below of Chen) of the friction member (12 Figs. 1 and 3 of Chen) contacting the sanding pad (contacting 64 of sanding pad 44 shown in Fig. 2-A inserted below of Chen) but is silent on having an offset range greater than or equal to twice the eccentric distance.
Per MPEP 2143-E, choosing from a finite number of identified predictable solutions, with a reasonable expectation of success supports a conclusion of obviousness. In the instant case, the offset range can be less than, greater than or equal to twice the eccentric distance; further, the prior art teaches the both distances.
Therefore, modifying the random orbital sanding tool of Chen as modified to have an offset range greater than or equal to twice the eccentric distance, can easily be made without any change in the operation of the random orbital sanding tool of Chen as modified with reasonable expectations of success.
Since the application’s disclosure has not proven criticality to the range, and specifically why the operation would’ve failed otherwise, it would have been obvious to have modified the random orbital sanding tool of Chen as modified by having the offset range greater than or equal to twice the eccentric distance for the purpose of having adequate spacings capable of holding the pad during operation.
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Referring to claim 3: Chen as modified teaches the random orbital sanding tool as claimed in claim 2, wherein the friction member (12 Figs. 1 and 3 of Barry) has a base (top portion of 12 including 16 and 24 Fig. 1 of Barry), an assembling part (AP Fig. 3-A inserted below) disposed on (when 12 of Barry is coupled to 13 of Chen, AP would be on top) the base (top portion of 12 including 16 and 24 Fig. 1 of Barry) and attached on the eccentric block (500 Fig. 23; 1 Figs. 3, 4, and 6 of Chen), and at least one flexible contact part (66 Fig. 3; 30a-n Figs. 4a-5b of Barry) disposed on a side (opposite side of 16 of Barry) of the base (top portion of 12 including 16 and 24 Fig. 1 of Barry) facing the sanding pad (sanding pad 44 of Barry).
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Referring to claim 7: Chen as modified teaches the random orbital sanding tool as claimed in claim 3, wherein the at least one flexible contact part (66 Fig. 3; 30a-n Figs. 4a-5b of Barry) is a foot structure (shown in Figs. 3, 30a-n Figs. 4a-5b of Barry), the foot structure (foot structure of 66 and 30a-n of Barry) has a bending direction (illustrated in Figs. 5a-d of Barry), and the bending direction and capable of bending toward (due to the chosen ductile material; “The preferred hooking stem material is an organic polymeric material, such as a thermosetting material or a thermoplastic material.” Col. 9, lines 32-33 of Barry) a revolving direction of the driving spindle.
Referring to claim 8: Chen as modified teaches the random orbital sanding tool as claimed in claim 3, wherein the base (top portion of 12 including 16 and 24 Fig. 1 of Barry) forms an assembling opening (opening which accommodates 24 Fig. 1; “the backing plate may be incorporated into the support portion” Col. 4, lines 27-28) assembling (assembling with 13) the eccentric block (500 Fig. 23; 1 Figs. 3, 4, and 6 of Chen), and the assembling part (AP Fig. 3-A inserted above of Chen) is disposed close (once assembled as shown in Fig. 23 of Chen) to the assembling opening (opening which accommodates 24 Fig. 1; “the backing plate may be incorporated into the support portion” Col. 4, lines 27-28).
Referring to claim 10: Chen as modified teaches the random orbital sanding tool as claimed in claim 3, wherein the eccentric block (500 Fig. 23; 1 Figs. 3, 4, and 6 of Chen) comprises a first part (12 Fig. 4 of Chen) connected with the driving spindle (spindle of 300 shown in Fig. 23 of Chen), and a second part (13 Fig. 4 of Chen) being offset relative to the first part (12 Fig. 4 of Chen), and the assembling part (AP Fig. 3-A inserted above) is connected with the second part (13 Fig. 4 of Chen).
Referring to claim 11: Chen as modified teaches the random orbital sanding tool as claimed in claim 10, wherein a level height (level height of 24 of Barry) of the base (top portion of 12 including 16 and 24 Fig. 1 of Barry) is higher (once 24 of Barry is inserted into 13 of Chen, the top of 24 is higher than the bottom edge of 13) than a bottom edge (bottom edge of 13) of the second part (13 Fig. 4 of Chen) of the eccentric block (500 Fig. 23; 1 Figs. 3, 4, and 6 of Chen).
Referring to claim 12: Chen as modified teaches the random orbital sanding tool as claimed in claim 1, wherein the friction member (12 Figs. 1 and 3 of Barry) is disposed on an air flow generating member (2 Fig. 3; 211 Fig. 12 of Chen) attached to the eccentric block (500 Fig. 23; 1 Figs. 3, 4, and 6 of Chen).
Referring to claim 13: Chen as modified teaches the random orbital sanding tool as claimed in claim 12, wherein the eccentric block (500 Fig. 23; 1 Figs. 3, 4, and 6 of Chen) comprises a first part connected (12 Fig. 4 of Chen) with the driving spindle (spindle of 300 shown in Fig. 23 of Chen), and a second part (external surface of 13 shown in Fig. 4 of Chen) being offset relative to the first part (12 Fig. 4 of Chen), and the air flow generating member (2 Fig. 3; 211 Fig. 12 of Chen) is connected (shown latched in Fig. 4 of Chen) with the second part (external surface of 13 shown in Fig. 4 of Chen).
Referring to claim 14: Chen as modified teaches the random orbital sanding tool as claimed in claim 1, wherein the eccentric block (500 Fig. 23; 1 Figs. 3, 4, and 6 of Chen) comprises a first part (12 Fig. 4 of Chen) connected with the driving spindle (spindle of 300 shown in Fig. 23 of Chen), and a second part (13 shown in Fig. 4 of Chen) being offset relative to the first part (12 Fig. 4 of Chen), and the friction member (12 Figs. 1 and 3 of Barry) is connected with the second part (13 shown in Fig. 4 of Chen).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Chen (US 20210006129 A1) and Barry (US 5607345 A), as applied in claim 3, and in further view of JOBRA (DE202017107425U1)
Referring to claim 9: Chen as modified teaches the random orbital sanding tool as claimed in claim 3, but is silent on wherein the base comprises a plurality of blades arranged at intervals on a side opposite to the sanding pad.
JOBRA in an analogous sanding tool teaches wherein the similar configuration base (13 Fig. 3) comprises a plurality of blades (20 Fig. 3) arranged at intervals on a side opposite (shown in Fig. 3) to the similar configuration sanding pad (14 Fig. 3).
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 random orbital sanding tool of Chen as modified with the plurality of blades as taught by JOBRA for the purpose of promoting airflow/ ventilation.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER SOTO whose telephone number is (571)272-8172. The examiner can normally be reached Monday-Friday, 8a.m. - 5 p.m..
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CHRISTOPHER SOTO
Examiner
Art Unit 3723
/CHRISTOPHER SOTO/Examiner, Art Unit 3723
/MONICA S CARTER/Supervisory Patent Examiner, Art Unit 3723
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