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 Objections
Claim 3 is objected to because of the following informalities: for consistency purposes “the bearings” of line 3 should be –the one or more bearings--. Appropriate correction is required.
Claim 6 is objected to because of the following informalities: for consistency purposes “the thread” of line 1 should be –the spiral thread--. Appropriate correction is required.
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 1-9 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.
Claim 1 recites in line 5 that there is a fixing socket mounted on one end of the spindle “at a predetermined interval”. However, the metes and bounds of what exactly this “predetermined interval” is are unclear. Additionally, it is unclear in relation to what is this “predetermined interval” determined. How is this defined? Further clarification is needed.
Claim 1 recites in line 7 “the other end” of the spindle, which has insufficient antecedent basis, since no “other end” of the spindle, has been previously set forth in the claim. Further clarification is needed.
Claim 9 recites in lines 1-2 that “a separate electrically driven air supply device is not included”. The way these limitations have been set forth is unclear. Wha exactly does it mean that a separate electrically driven air supply is not included? Not included where? The metes and bounds of the claim are unclear. Further clarification is needed.
Claim Rejections - 35 USC § 102
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.
Claim(s) 1-4, 7-8 and 9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yelton US 6,146,066.
In regards to claim 1, Yelton discloses a dental drilling device (10) comprising: a spindle (18) including a spindle shaft (18) rotatably mounted inside a drilling device housing (11) and a spindle shaft fan (30) formed in a wing shape (col 4, lines 58-60) on an outer surface of the spindle shaft (18); a fixing socket (28) fixedly mounted to one end of the drilling device housing (11) and surrounding one end of the spindle (18) at a predetermined interval; a processing drill (26) mounted on a front end of the spindle to process a workpiece; and a driving motor (16) coupled to the other end of the spindle to rotate the spindle.
In regards to claim 2, Yelton discloses the drilling device according to claim 1, Yelton also discloses that the spindle shaft fan (30) rotates air to generate a flow of air discharged into a gap (15) between the spindle (18) and the fixing socket (28).
In regards to claim 3, Yelton discloses the drilling device according to claim 1, Yelton also discloses that the drilling device housing (11) is equipped with one or more bearings (19) rotatably supporting the spindle shaft (18) and a bearing housing (17) to which the bearings are mounted (see Figure 3).
In regards to claim 4, Yelton discloses the drilling device according to claim 3, Yelton also discloses that the drilling device housing (11) is formed with an air inlet (refer to any inlet where air is supplied to supplying air within 15) on an outer circumference of the bearing housing (17).
In regards to claim 7, Yelton discloses the drilling device according to claim 1, Yelton also discloses that an oblique groove (refer to the groove formed between elements 29) is formed inside the fixing socket (28).
In regards to claim 8, Yelton discloses the drilling device according to claim 7, Yelton also discloses that the oblique groove has a thread shape to be directed in an opposite1 direction to the spindle shaft fan (see Figure 3).
In regards to claim 9, Yelton discloses the drilling device according to claim 1, Yelton also discloses that a separate electrically driven air supply device is not included (since the air is generated by impeller fan 30).
Claim(s) 1-3, 7-8 and 9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by JP 4-193486 (hereafter—JP’486--).
In regards to claim 1, JP’486 discloses a dental drilling device (Figures 1-2) comprising: a spindle (5) including a spindle shaft (refer to the shaft of 5) rotatably mounted inside a drilling device housing (11) and a spindle shaft fan (13) formed in a wing shape (see Figures 1 and 2) on an outer surface of the spindle shaft (5); a fixing socket (10) fixedly mounted to one end of the drilling device housing (11) and surrounding one end of the spindle (5) at a predetermined interval; a processing drill (9) mounted on a front end of the spindle to process a workpiece; and a driving motor (3) coupled to the other end of the spindle to rotate the spindle.
In regards to claim 2, JP’486 discloses the drilling device according to claim 1, JP’486 also discloses that the spindle shaft fan (13) rotates air to generate a flow of air discharged into a gap (refer to the axial gap thorough the inner circumference of 10) between the spindle (5) and the fixing socket (10).
In regards to claim 3, JP’486 discloses the drilling device according to claim 1, JP’486 also discloses that the drilling device housing (11) is equipped with one or more bearings (8) rotatably supporting the spindle shaft (5) and a bearing housing (refer to 6 which houses bearing 8) to which the bearings are mounted (see Figures 1 and 2).
In regards to claim 7, JP’486 discloses the drilling device according to claim 1, JP’486 also discloses that an oblique groove (10e) is formed inside the fixing socket (10).
In regards to claim 8, JP’486 discloses the drilling device according to claim 7, JP’486 also discloses that the oblique groove has a thread shape (see Figures 1 and 2) to be directed in an opposite2 direction to the spindle shaft fan (note that the fan rotates clockwise while the grooves are counterclockwise, so as to provide counterclockwise air flow).
In regards to claim 9, JP’486 discloses the drilling device according to claim 1, JP’486 also discloses that a separate electrically driven air supply device is not included.
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, 3, 5 and 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over JP 2004-34163 (hereafter--JP’163--).
In regards to claim 1, JP’163 discloses a dental drilling device (Figures 1-2) comprising: a spindle (11) including a spindle shaft (11h/11f/11b) rotatably mounted inside a drilling device housing (15) and a spindle shaft fan (19) formed in a wing shape (Figure 3) on an outer surface of the spindle shaft (at portion 11h); a fixing socket (27) fixedly mounted to one end of the drilling device housing (15) and surrounding one end of the spindle (11) at a predetermined interval; a processing drill (25) mounted on a front end of the spindle to process a workpiece; and a driving motor (not shown but inherently) coupled to the other end of the spindle to rotate the spindle.
If the applicant considers that the interpretation of the claim(s) under pre-AIA 35 U.S.C. 102, i.e., is or may be in dispute under given the current interpretation, the current under pre-AIA 35 U.S.C. 103(a) is appropriate. See MPEP §§ 2111- 2116.01.
If the applicant considers that the current interpretation of JP’163 fails to explicitly teach that there is “a driving motor coupled to the other end of the spindle to rotate the spindle”, the Examiner takes Official Notice on the fact that it is well known in the art to have a driving motor, at the end of a spindle, in order to drive and rotate the spindle, in order to machine a workpiece.
Accordingly, it would have been obvious to a person having ordinary skill in the art to provide JP’163 with a driving motor coupled to the other end of the spindle, so as to rotate the spindle and machine a workpiece.
In regards to claim 3, JP’163 as modified discloses the drilling device according to claim 1, JP’163 as modified also discloses that the drilling device housing (15) is equipped with one or more bearings (37) rotatably supporting the spindle shaft (11f, b) and a bearing housing (13) to which the bearings are mounted (see Figure 2).
In regards to claim 5, JP’163 as modified discloses the drilling device according to claim 3, JP’163 as modified also discloses that a straight thread (13, 13a) is further formed on an outer circumference of the bearing housing (13) to form an air movement passage through which air moves.
However, JP’163 fails to disclose that the shape of the thread is spiral.
Nevertheless, since JP’163's straight thread is formed on the outer circumference of the bearing housing, it appears that the threads of JP’163 would operate equally well with them being straight. Further, Applicant has not disclosed that the claimed spiral thread solves any stated problem. Applicant simply indicates that the spiral thread may be further formed on the outer circumference of the bearing housing to form an air movement passage through which air moves (paragraph [0040] of Applicant' s Specification as filed).
Therefore, it would have been obvious to a person having ordinary skill in the art, before the effective filing date of Applicant's claimed invention change the shape of the thread to be spiral as this feature appears to be an arbitrary design consideration which fails to patentably distinguish over JP’163. In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966).
In regards to claim 6, JP’163 as modified discloses the drilling device according to claim 5, JP’163 as modified also discloses that when air moves along the thread formed on an outer surface of the bearing housing, the bearing is cooled by the air due to an air-cooling effect.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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 Opposite: “having a position on the other or further side of something” opposite definition - Search
2 Opposite: “having a position on the other or further side of something” opposite definition - Search
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