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
Applicant's arguments filed 2/3/2026 have been fully considered but they are not persuasive.
Applicant argues that White does not anticipate or teach the claimed invention of independent claims 1, 10, and 19, because White describes a progression that begins with coarse (34), transitions to fine (36), and then back to coarse (38). Applicant points out that the instant invention reflects a transition between “fine” to “coarse”. Examiner points out that the prior art rejection of the claimed invention refers to sections 36 and 38 of White, i.e. fine to coarse as is required by the claimed invention, and additionally points out that the claims are not closed (i.e. consisting of). For the above stated reasons, Examiner has not found Applicant’s arguments persuasive, and this action is made final herein.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-5, 7-12, and 14-19 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 2, 5-10, 13, 14, 17-20 of copending Application No. 18/339,324 (reference application). Although the claims at issue are not identical, they are not patentably distinct.
Claim 6 and 13 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 20 of copending Application No. 18/339,324 (reference application) in view of Atwater (US 4807401). Although the claims at issue are not identical, they are not patentably distinct from each other.
Please see below for further details.
U.S. Patent Application 18/339,276
U.S. Patent Application 18/339,324
1. An apparatus for providing cutting edges, comprising:
a grinding stage comprising a pair of abrading wheels, wherein each abrading wheel defines a strip receiving end configured to receive a strip with a first profile along a path P and a strip exiting end that is opposite to the strip receiving end, wherein the grinding stage is oriented at a tilt angle between a plane defined by axes of the abrading wheels and the path P of the strip incident on the strip receiving end; and
a plurality of lands on each abrading wheel of said pair of abrading wheels, wherein each of said lands comprises an abrasive surface that varies from a fine abrasion to a coarse abrasion in a direction from said strip receiving end to said strip exiting end, wherein the lands on the strip receiving end comprises a fine abrasion, such that the lands are configured to remove metal from the first profile to form a second profile
13. A method for forming cutting edges comprising:
providing a grinding stage including a pair of abrading wheels that extend from a strip receiving end to a strip exiting end, wherein the pair of abrading wheels each comprise an abrasive surface that varies from a fine abrasion to a coarse abrasion in a direction from the strip receiving end to the strip exiting end, wherein the strip receiving end comprises a fine abrasion; and
removing, with the abrasive surface of each of the pair of abrading wheels, material from a strip of metal incident on the strip receiving end along a path P, comprising;
removing material, from a tip of the strip of metal, with the abrasive surface having the fine abrasion, and
removing material, along a distance from the tip of the strip of metal, with the abrasive surface having the coarse abrasion.
2. The apparatus of claim 1 further comprising a first grinding stage configured to remove metal from the strip incident on the first grinding stage along the path P to form the first profile and wherein the grinding stage is a second grinding stage.
14. The method of claim 13, further comprising:
removing, with a first grinding stage, metal from the strip incident on the first grinding stage along the path P to form a first profile; and
wherein the removing with the abrasive surface comprises removing material from the first profile of the strip of metal to form a second profile.
3. The apparatus of claim 1 wherein said tilt angle is oriented such that the axes are more proximate to the path P at the strip exiting end than the strip receiving end.
17. The method of claim 13, wherein the providing the grinding stage further comprises orienting axes of the pair of abrading wheels at a tilt angle such that the axes are more proximate to the path P at the strip exiting end than the strip receiving end.
4. The apparatus of claim 1 wherein the tilt angle is selected such that a contact angle between a first direction orthogonal to the path P and a second direction between a tip of the strip and a center of rotation of a respective one of the pair of abrading wheels diminishes in said direction from said strip receiving end to said strip exiting end.
18. The method of claim 17, wherein the tilt angle is selected such that during the removing step a contact angle between a first direction orthogonal to the path P and a second direction between a tip of the strip and a center of rotation of a respective abrading wheel of the pair of abrading wheels diminishes in said direction from said strip receiving end to said strip exiting end.
5. The apparatus of claim 1, wherein said lands are arranged in a spiral helix such that the spiral helix is a right-handed thread on one abrading wheel of the pair of abrading wheels, and a left-handed thread on the other abrading wheel of the pair of abrading wheels.
19. The method of claim 13,
wherein the providing step comprises arranging a plurality of lands that include the abrasive surface in a spiral helix on each of said pair of abrading wheels such that the spiral helix includes a right-handed thread on one abrading wheel of the pair of abrading wheels and a left-handed thread on another abrading wheel of the pair of abrading wheels (…)
6. The apparatus of claim 1, wherein a value of the tilt angle is selected in a range from about 0.3 degrees to about 10 degrees.
Wherein Atwater (US 4807401) teaches of providing a tilt angle within the claimed range, see at least Col. 6, lines 52-58. 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 tilt angle within the claimed range, as taught by Atwater, into the copending claims. One would be motivated to do so in order to achieve a desired blade facet; see at least Col. 6, lines 1-29.
1. An apparatus for providing cutting edges, comprising:
a grinding stage comprising a pair of abrading wheels, wherein each abrading wheel defines a strip receiving end configured to receive a strip with a first profile along a path P and a strip exiting end that is opposite to the strip receiving end, wherein the grinding stage is oriented at a tilt angle between a plane defined by axes of the abrading wheels and the path P of the strip incident on the strip receiving end; and
a plurality of lands on each abrading wheel of said pair of abrading wheels, wherein each of said lands comprises an abrasive surface that varies from a fine abrasion to a coarse abrasion in a direction from said strip receiving end to said strip exiting end, wherein the lands on the strip receiving end comprises a fine abrasion, such that the lands are configured to remove metal from the first profile to form a second profile.
7. The apparatus of claim 1,
wherein the abrasive surface of each of said lands comprises a plurality of sections between the strip receiving end and the strip exiting end;
wherein a first section of the plurality of sections adjacent the strip receiving end comprises a fine abrasive surface configured to contact a tip of the first profile; and
wherein a second section of the plurality of sections adjacent the strip exiting end comprises a coarse abrasive surface configured to contact a portion of the strip that is a distance back from the tip of the first profile.
1. A method for providing cutting edges, comprising:
providing a grinding stage comprising a pair of abrading wheels that extend from a strip receiving end to a strip exiting end;
directing a strip of metal at the strip receiving end of the grinding stage along a path P; and
removing material, from the strip of metal, with an abrasive surface of each of the pair of abrading wheels which varies from a fine abrasion to a coarse abrasion in a direction from the strip receiving end to the strip exiting end, wherein the strip receiving end comprises a fine abrasion.
9. The method of claim 1,
wherein the providing the grinding stage comprises providing the abrasive surface with a plurality of sections between the strip receiving end and the strip exiting end including a first section with a fine abrasive surface adjacent the strip receiving end and a second section with a coarse abrasive surface adjacent the strip exiting end; and
wherein the removing step comprises;
contacting, with the fine abrasive surface of the first section, a tip of the strip of metal, and
contacting, with the coarse abrasive surface of the second section, a distance back from the tip of the strip of metal.
8. The apparatus of claim 7, wherein the coarse abrasive surface is more coarse than the fine abrasive surface and wherein the apparatus further includes a third section of the plurality of sections between the first section and the second section and wherein the third section comprises an abrasive surface of the third section that is more coarse than the fine abrasive surface of the first section and less coarse than the coarse abrasive surface of the second section.
10. The method of claim 9, wherein the coarse abrasive surface is more coarse than the fine abrasive surface and wherein the plurality of sections further includes a third section between the first section and the second section and wherein the third section comprises an abrasive surface that is more coarse than the fine abrasive surface of the first section and less coarse than the coarse abrasive surface of the second section; and
wherein the removing step further comprises contacting, with the abrasive surface of the third section, a portion of the strip between the tip and the distance back from the tip.
(Claim 1 in addition to claim 9 below)
9. The apparatus of claim 1,
wherein said tilt angle is oriented such that the axes are more proximate to the path P at the strip exiting end than the strip receiving end; and
wherein the tilt angle is selected such that a contact angle between a first direction that is orthogonal to the path P and a second direction between a tip of the strip and a center of rotation of a respective one of the pair of abrading wheels diminishes in said direction from said strip receiving end to said strip exiting end
(Claim 1 in combination with claims 5 and 6 below)
5. The method of claim 1, wherein the providing the grinding stage further comprises orienting axes of the pair of abrading wheels at a tilt angle such that the axes are more proximate to the path P at the strip exiting end than the strip receiving end.
6. The method of claim 5, wherein the tilt angle is selected such that during the removing step a contact angle between a first direction orthogonal to the path P and a second direction between a tip of the strip and a center of rotation of a respective abarding wheel of the pair of abrading wheels diminishes in said direction from said strip receiving end to said strip exiting end.
(Instant claim 9 is dually rejected as addressed above, as well as in view of the combination of copending claims 13, 17, and 18)
(Combination of claims 13, 17, and 18)
10. An apparatus for providing cutting edges comprising:
a grinding stage including a pair of abrading wheels that extend from a strip receiving end to a strip exiting end;
wherein the pair of abrading wheels each comprise an abrasive surface that is configured to remove material from a strip of metal incident on the strip receiving end along a path P; and
wherein the abrasive surface varies from a fine abrasion to a coarse abrasion in a direction from the strip receiving end to the strip exiting end, and wherein the lands on the strip receiving end comprise a fine abrasion.
1. A method for providing cutting edges, comprising:
providing a grinding stage comprising a pair of abrading wheels that extend from a strip receiving end to a strip exiting end;
directing a strip of metal at the strip receiving end of the grinding stage along a path P; and
removing material, from the strip of metal, with an abrasive surface of each of the pair of abrading wheels which varies from a fine abrasion to a coarse abrasion in a direction from the strip receiving end to the strip exiting end, wherein the strip receiving end comprises a fine abrasion.
11. The apparatus of claim 10, further comprising:
a first grinding stage configured to remove metal from the strip incident on the first grinding stage along the path P to form a first profile; and
wherein the grinding stage is a second grinding stage, wherein the strip receiving end faces the first grinding stage and wherein the abrasive surface is configured to remove material from the first profile to form a second profile.
2. The method of claim 1, further comprising:
removing material, from the strip of metal, with a first grinding stage to form a first profile;
wherein the directing step comprises directing the metal strip with the first profile from the first grinding stage along the path P to the strip receiving end of the grinding stage that faces the first grinding stage; and
wherein the removing material with the abrasive surface comprises removing material from the first profile to form a second profile.
12. The apparatus of claim 10, further comprising:
a tilt angle formed between a plane defined by axes of the abrading wheels and the path P of the strip; and
wherein said tilt angle is oriented such that the axes are more proximate to the path P at the strip exiting end than the strip receiving end.
5. The method of claim 1, wherein the providing the grinding stage further comprises orienting axes of the pair of abrading wheels at a tilt angle such that the axes are more proximate to the path P at the strip exiting end than the strip receiving end.
13. The apparatus of claim 12, wherein a value of the tilt angle is selected in a range from about 0.3 degrees to about 10 degrees.
Wherein Atwater (US 4807401) teaches of providing a tilt angle within the claimed range, see at least Col. 6, lines 52-58. 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 tilt angle within the claimed range, as taught by Atwater, into the copending claims. One would be motivated to do so in order to achieve a desired blade facet; see at least Col. 6, lines 1-29.
14. The apparatus of claim 11, further comprising a plurality of lands on each abrading wheel of said pair of abrading wheels, wherein each of said lands comprises the abrasive surface such that the lands are configured to remove metal from the first profile to form the second profile.
7. The method of claim 1,
wherein the providing step comprises arranging a plurality of lands that include the abrasive surface in a spiral helix on each of said pair of abrading wheels; and
wherein the removing step comprises contacting, with the spiral helix of each abarding wheel, the strip of metal in a direction from a tip of the strip of metal to a body of the strip of metal as the strip of metal moves from the strip receiving end to the strip exiting end of the grinding stage.
15. The apparatus of claim 14, wherein said lands on each abrading wheel of said pair of abrading wheels are arranged in a spiral helix with the spiral helix having a right-handed thread on one abrading wheel of the pair of abrading wheels, and a left-handed thread on the other abrading wheel of the pair of abrading wheels.
7. The method of claim 1,
wherein the providing step comprises arranging a plurality of lands that include the abrasive surface in a spiral helix on each of said pair of abrading wheels; and
wherein the removing step comprises contacting, with the spiral helix of each abarding wheel, the strip of metal in a direction from a tip of the strip of metal to a body of the strip of metal as the strip of metal moves from the strip receiving end to the strip exiting end of the grinding stage.
8. The method of claim 7, wherein a spiral helix is a right-handed thread on one abrading wheel of the pair of abrading wheels and a left-handed thread on another abrading wheel of the pair of abrading wheels.
16. The apparatus of claim 12 wherein the tilt angle is selected such that a contact angle between a first direction orthogonal to the path P and a second direction between a tip of the strip and a center of rotation of the pair of abrading wheels diminishes in said direction from said strip receiving end to said strip exiting end.
6. The method of claim 5, wherein the tilt angle is selected such that during the removing step a contact angle between a first direction orthogonal to the path P and a second direction between a tip of the strip and a center of rotation of a respective abarding wheel of the pair of abrading wheels diminishes in said direction from said strip receiving end to said strip exiting end.
17. The apparatus of claim 10,
wherein the abrasive surface of each of said lands comprises a plurality of sections between the strip receiving end and the strip exiting end;
wherein a first section of the plurality of sections adjacent the strip receiving end comprises a fine abrasive surface configured to contact a tip of the first profile; and
wherein a second section of the plurality of sections adjacent the strip exiting end comprises a coarse abrasive surface configured to contact a portion of the strip that is a distance back from the tip of the first profile.
9. The method of claim 1,
wherein the providing the grinding stage comprises providing the abrasive surface with a plurality of sections between the strip receiving end and the strip exiting end including a first section with a fine abrasive surface adjacent the strip receiving end and a second section with a coarse abrasive surface adjacent the strip exiting end; and
wherein the removing step comprises;
contacting, with the fine abrasive surface of the first section, a tip of the strip of metal, and
contacting, with the coarse abrasive surface of the second section, a distance back from the tip of the strip of metal.
18. The apparatus of claim 17, wherein the coarse abrasive surface is more coarse than the fine abrasive surface and wherein the apparatus further includes a third section of the plurality of sections between the first section and the second section and wherein the third section comprises an abrasive surface of the third section that is more coarse than the fine abrasive surface of the first section and less coarse than the coarse abrasive surface of the second section.
10. The method of claim 9, wherein the coarse abrasive surface is more coarse than the fine abrasive surface and wherein the plurality of sections further includes a third section between the first section and the second section and wherein the third section comprises an abrasive surface that is more coarse than the fine abrasive surface of the first section and less coarse than the coarse abrasive surface of the second section; and
wherein the removing step further comprises contacting, with the abrasive surface of the third section, a portion of the strip between the tip and the distance back from the tip.
19. An improvement for a system for removing material from a strip of metal incident on the system along a path P, wherein the system includes a grinding stage with a plurality of abrading wheels having an abrasive surface that varies from a coarse abrasion to a fine abrasion in a direction from a strip receiving end to a strip exiting end of the grinding stage, wherein the improvement comprises:
an intermediate stage positioned after the grinding stage wherein the intermediate stage includes an abrasive surface that varies in a reverse direction to the abrasive surface of the grinding stage, from a fine abrasion to a coarse abrasion in a direction from a strip receiving end to a strip exiting end of the intermediate stage, wherein the strip receiving end comprises a fine abrasion.
13. A method for forming cutting edges comprising:
providing a grinding stage including a pair of abrading wheels that extend from a strip receiving end to a strip exiting end, wherein the pair of abrading wheels each comprise an abrasive surface that varies from a fine abrasion to a coarse abrasion in a direction from the strip receiving end to the strip exiting end, wherein the strip receiving end comprises a fine abrasion; and
removing, with the abrasive surface of each of the pair of abrading wheels, material from a strip of metal incident on the strip receiving end along a path P, comprising;
removing material, from a tip of the strip of metal, with the abrasive surface having the fine abrasion, and
removing material, along a distance from the tip of the strip of metal, with the abrasive surface having the coarse abrasion.
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.
Claim 16 is 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 16, recitation of “a center of rotation of the pair of abrading wheels” renders the claimed invention indefinite, as the each of the pair of abrading wheels has a different center of rotation (i.e. location of rotational axis). As described on page 11, line 14-page 12, line 16 of the specification, Figure 4B of the instant application shows a contact angle (67) between a first direction (along line 66) orthogonal to path P and a second direction (r1) between the tip (12) and a center of rotation (A) of one of the pair of abrading wheels (along line 68). Figure 4A shows the abrading wheels are on either side of the strip, and thus both sides of the strip are disposed at a contact angle. Does the claim intend to impart a contact angle on both sides of the strip (10) based on reciting “a center of rotation of the pair of abrading wheels”, or is the claim imparting solely one contact angle? Examiner recommends amending the claim to reflect the intended direction.
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) 1-5, 7, 9-12, 14-17, and 19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by White (US 6,386,952).
Regarding claim 1, White discloses an apparatus for providing cutting edges, comprising:
a grinding stage comprising a pair of abrading wheels (26), wherein each abrading wheel defines a strip receiving end configured to receive a strip (4) with a first profile along a path P and a strip exiting end that is opposite to the strip receiving end (see Figures 6-10; see wheels 26, blade 4, as well as Col. 4, lines 1-55; Col. 2, lines 21-39),
wherein the grinding stage is oriented at a tilt angle between a plane defined by axes of the abrading wheels and the path P of the strip incident on the strip receiving end (see the angle of tilt in Col. 3, lines 38-51; see also Figures 7-10); and
a plurality of lands on each abrading wheel of said pair of abrading wheels (see at least Col. 3, lines 26-45), wherein each of said lands comprises an abrasive surface that varies from a fine abrasion to a coarse abrasion in a direction from said strip receiving end to said strip exiting end, wherein the lands on the strip receiving end comprise a fine abrasion, such that the lands are configured to remove metal from the first profile to form a second profile (see at least the portion 36 which comprises a fine grit and portion 38 which comprises a coarser grit, as well as Col. 3, line 64-Col. 4, line 55; see also Col. 4, lines 63-65 regarding a continuously changing coarseness; wherein portion 36 at the strip receiving end comprises a fine abrasion).
Regarding claim 2, White discloses the claimed invention as applied above, wherein White further discloses a first grinding stage configured to remove metal from the strip incident on the first grinding stage along the path P to form the first profile and wherein the grinding stage is a second grinding stage (wherein the first portion 34 forms a first grinding stage configured to remove material from the blade 4 to form a first profile, see Col. 4, lines 22-31).
Regarding claim 3, White discloses the claimed invention as applied above, wherein White further discloses wherein said tilt angle is oriented such that the axes are more proximate to the path P at the strip exiting end than the strip receiving end (see at least Figures 7 and 8; wherein the tilt angle of the wheels 26 are oriented such that the axes of the wheels are more proximate to the blade 4 path at the exiting end adjacent 48 than at the receiving end).
Regarding claim 4, White discloses the claimed invention as applied above, wherein White further discloses wherein the tilt angle is selected such that a contact angle between a first direction orthogonal to the path P and a second direction between a tip of the strip and a center of rotation of a respective one of the pair of abrading wheels diminishes in said direction from said strip receiving end to said strip exiting end (wherein Examiner acknowledges the Applicant provided definition of “contact angle” on page 8, lines 1-3 of the Specification; White: see at least Col. 4, lines 25-31 and 45-55; see also Col. 3, lines 38-52 and Figures 7-9).
Regarding claim 5, White discloses the claimed invention as applied above, wherein White further discloses wherein said lands are arranged in a spiral helix such that the spiral helix is a right-handed thread on one abrading wheel of the pair of abrading wheels, and a left-handed thread on the other abrading wheel of the pair of abrading wheels (Col. 5, lines 9-11 disclose that the grinding assemblies are defined as a pair of opposed helically grooved wheels, i.e. right and left handed threaded helically grooved wheels; see also Figures 6-10).
Regarding claim 7, White discloses the claimed invention as applied above, wherein White further discloses wherein the abrasive surface of each of said lands comprises a plurality of sections between the strip receiving end and the strip exiting end (see Figures 6-10);
wherein a first section of the plurality of sections adjacent the strip receiving end comprises a fine abrasive surface configured to contact a tip of the first profile (see section 36; see at least Col. 4, lines 4-55); and
wherein a second section of the plurality of sections adjacent the strip exiting end comprises a coarse abrasive surface configured to contact a portion of the strip that is a distance back from the tip of the first profile (see section 38; see at least Col. 4, lines 4-55; see also Col. 2, lines 44-50).
Regarding claim 9, White discloses the claimed invention as applied above, wherein White further discloses wherein said tilt angle is oriented such that the axes are more proximate to the path P at the strip exiting end than the strip receiving end (see at least Figures 7 and 8; wherein the tilt angle of the wheels 26 are oriented such that the axes of the wheels are more proximate to the blade 4 path at the exiting end adjacent 48 than at the receiving end); and
wherein the tilt angle is selected such that a contact angle between a first direction that is orthogonal to the path P and a second direction between a tip of the strip and a center of rotation of a respective one of the pair of abrading wheels diminishes in said direction from said strip receiving end to said strip exiting end (wherein Examiner acknowledges the Applicant provided definition of “contact angle” on page 8, lines 1-3 of the Specification; see at least Col. 4, lines 25-31 and 45-55; see also Col. 3, lines 38-52 and Figures 7-9).
Regarding claim 10, White discloses an apparatus for providing cutting edges comprising:
a grinding stage including a pair of abrading wheels (26) that extend from a strip receiving end to a strip exiting end (see Figures 6-10; see wheels 26, blade 4, as well as Col. 4, lines 1-55; Col. 2, lines 21-39);
wherein the pair of abrading wheels each comprise an abrasive surface that is configured to remove material from a strip of metal incident on the strip receiving end along a path P; and wherein the abrasive surface varies from a fine abrasion to a coarse abrasion in a direction from the strip receiving end to the strip exiting end, and wherein the lands on the strip receiving end comprise a fine abrasion (see Abstract, Figures 6-10; see at least the portion 36 which comprises a fine grit and portion 38 which comprises a coarser grit, as well as Col. 3, line 64-Col. 4, line 55; see also Col. 4, lines 63-65 regarding a continuously changing coarseness; wherein portion 36 at the strip receiving end comprises a fine abrasion).
Regarding claim 11, White discloses the claimed invention as applied above, wherein White further discloses a first grinding stage configured to remove metal from the strip incident on the first grinding stage along the path P to form a first profile; and wherein the grinding stage is a second grinding stage, wherein the strip receiving end faces the first grinding stage and wherein the abrasive surface is configured to remove material from the first profile to form a second profile (wherein the first portion 34 forms a first grinding stage configured to remove material from the blade 4 to form a first profile, see Col. 4, lines 22-31).
Regarding claim 12, White discloses the claimed invention as applied above, wherein White further discloses a tilt angle formed between a plane defined by axes of the abrading wheels and the path P of the strip (see the angle of tilt in Col. 3, lines 38-51; see also Figures 7-10); and
wherein said tilt angle is oriented such that the axes are more proximate to the path P at the strip exiting end than the strip receiving end (see at least Figures 7 and 8; wherein the tilt angle of the wheels 26 are oriented such that the axes of the wheels are more proximate to the blade 4 path at the exiting end adjacent 48 than at the receiving end).
Regarding claim 14, White discloses the claimed invention as applied above, wherein White further discloses a plurality of lands on each abrading wheel of said pair of abrading wheels, wherein each of said lands comprises the abrasive surface such that the lands are configured to remove metal from the first profile to form the second profile (see at least Col. 3, lines 36-34 and 38-45).
Regarding claim 15, White discloses the claimed invention as applied above, wherein White further discloses wherein said lands on each abrading wheel of said pair of abrading wheels are arranged in a spiral helix with the spiral helix having a right-handed thread on one abrading wheel of the pair of abrading wheels, and a left-handed thread on the other abrading wheel of the pair of abrading wheels (Col. 5, lines 9-11 disclose that the grinding assemblies are defined as a pair of opposed helically grooved wheels, i.e. right and left handed threaded helically grooved wheels; see also Figures 6-10).
Regarding claim 16, White discloses the claimed invention as applied above, wherein White further discloses wherein the tilt angle is selected such that a contact angle between a first direction orthogonal to the path P and a second direction between a tip of the strip and a center of rotation of the pair of abrading wheels diminishes in said direction from said strip receiving end to said strip exiting end (wherein Examiner acknowledges the Applicant provided definition of “contact angle” on page 8, lines 1-3 of the Specification; see at least Col. 4, lines 25-31 and 45-55; see also Col. 3, lines 38-52 and Figures 7-9).
Regarding claim 17, White discloses the claimed invention as applied above, wherein White further discloses wherein the abrasive surface of each of said lands comprises a plurality of sections between the strip receiving end and the strip exiting end (see Figures 6-10);
wherein a first section of the plurality of sections adjacent the strip receiving end comprises a fine abrasive surface configured to contact a tip of the first profile (see section 36; see at least Col. 4, lines 4-55); and
wherein a second section of the plurality of sections adjacent the strip exiting end comprises a coarse abrasive surface configured to contact a portion of the strip that is a distance back from the tip of the first profile (see section 38; see at least Col. 4, lines 4-55).
Regarding claim 19, White discloses a system for removing material from a strip of metal incident on the system along a path P, wherein the system includes a grinding stage with a plurality of abrading wheels (26) having an abrasive surface that varies from a coarse abrasion to a fine abrasion in a direction from a strip receiving end to a strip exiting end of the grinding stage, wherein the improvement comprises:
an intermediate stage positioned after the grinding stage wherein the intermediate stage includes an abrasive surface that varies in a reverse direction to the abrasive surface of the grinding stage, from a fine abrasion to a coarse abrasion in a direction from a strip receiving end to a strip exiting end of the intermediate stage, wherein the strip receiving end comprises a fine abrasion (see at least Col. 3, lines 36-34 and 38-45; see at least the portion 36 which comprises a fine grit and portion 38 which comprises a coarser grit, as well as Col. 3, line 64-Col. 4, line 55; see also Col. 4, lines 63-65 regarding a continuously changing coarseness).
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) 8 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over White (US 6,386,952).
Regarding claims 8 and 18, White discloses the claimed invention as applied above, wherein White further discloses wherein the coarse abrasive surface is more coarse than the fine abrasive surface (Col. 4, lines 4-21).
However, White does not explicitly teach of an additional section between zones 36 and 38, i.e. wherein the apparatus further includes a third section of the plurality of sections between the first section and the second section and wherein the third section comprises an abrasive surface of the third section that is more coarse than the fine abrasive surface of the first section and less coarse than the coarse abrasive surface of the second section.
However, White does explain that the invention has been described as having the number of zones for ease of explanation, and specifically suggests that a different number of distinct zones could be employed in alternative embodiments, see Col. 4, lines 60-65. Given that there are three portions shown, there are a finite number of locations to incorporate an additional zone (or subtract a zone) as suggested by White. In the discussion portion of the prior art, White also describes the order of stations as the actions they perform, i.e. grinding, rough honing, medium honing, final honing, and stropping (see Col. 1, lines 35-59 and Col. 2, lines 1-13). White overcomes drawbacks of multi station grinding by providing a singular station comprising wheels of varying degrees of coarseness as the blade strip travels therethrough.
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 an additional zone, i.e. a third section comprising an abrasive surface of the third section, as suggested by White, in between portions 36 and 38, and wherein the abrasive surface of the third section is more coarse than the fine abrasive surface of the first section (36) and less coarse than the coarse abrasive of the third section (38). One would be motivated to do so not only because White specifically suggests modifications to the number of zones, but also because providing an intermediate zone having a grit value between the adjacent zones mimics the gradual progression of resurfacing of the prior art, while still providing all of the advantages of the single station of White. This modification would be recognized as using a known technique, i.e. incorporation of an additional surfacing zone, to improve upon a base embodiment as suggested by White in a similar manner, and would yield predictable results with a reasonable expectation of success.
Claim(s) 6 and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over White (US 6,386,952) in view of Kontokostas (US 2020/0316802).
Regarding claims 6 and 13, although White contemplates and suggests that the tilt angle can be selected to produce blade edges of a desired configuration (Col. 5, lines 1-29), White is silent regarding a specific numerical value for the tilt angle. White does not explicitly teach wherein a value of the tilt angle is selected in a range from about 0.3 degrees to about 10 degrees. Examiner also acknowledges Applicant’s definition of “about” in view of page 7, lines 5-9 of the Specification.
However, from the same or similar field of endeavor, Kontokostas teaches of razor blade grinding using a pair of opposed abrading wheels, including a tilt angle selected in a range from about 0.3 degrees to about 10 degrees (see [0063-0066] and Figure 2).
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 tilt angle within the range as taught by Kontokostas into the invention of White. One would be motivated to do so because White specifically suggests that the desired angle may be selected, wherein Kontokostas answers the silence of White by providing a tilt angle range which produces a desired profile of the metal strip being ground. This modification would be recognized as using a known technique, i.e. selecting a tilt angle within the context of metal strip razor blade grinding, to improve a similar device in the same manner, and would yield predictable results with a reasonable expectation of success.
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 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
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