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 .
This Office action is in response to amendments filed on 04/15/2026. Claims 1-20 are pending.
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 1-11 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Forbes (US Patent No. 6,520,846) in view of Ghouse (US Patent No. 12,611,761) and Servais (US 2024/0173822).
Regarding claim 1, Forbes (US Patent No. 6,520,846) discloses an apparatus (fig. 1) for polishing a surface (item 10; abstract and col. 4, ll. 56-58; fig. 1);
a housing (includes items 2, 3 6; figs. 1-2) having an inlet (designated in annotated fig. 1 below) and an outlet (item 9; fig. 2), wherein the inlet and the outlet are fluidly connected (col. 4, ll. 45-48);
a polisher (defined as gray highlighted portion in annotated fig. 1 below; polisher defined as portion of apparatus including drive of polisher, i.e. air motor 1, similar to applicant’s disclosure, p. 14, ll. 3-13 in instant disclosure) attached to the housing (fig. 1), wherein the sander defines a first axis passing through a center of the polisher (designated in annotated fig. 1 below; first axis extends through longitudinal center of polisher portion);
a head (includes items 4, 5, 7; figs. 1-2) attached to the outlet of the sanding housing configured to polish the surface (col. 4, ll. 14-27), wherein the polisher is configured to actuate the head (col. 5, ll. 22-26);
a fluid supply line (item 20 through tube 8; fig. 1) connecting the inlet of the sanding housing to a fluid supply source (item 12; col. 4, ll. 66-67; fig. 1); and
wherein the fluid supply source is configured to provide a fluid (defined as compressed air; col. 4, ll. 66-67) through the fluid supply line and the sanding head.
The recitations “to cool the surface" is considered to be an intended use limitation. The applicant is reminded that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the structural limitations of the claim, as is the case here; refer to MPEP 2114-II. In the instant case, the compressed air is supplied through the supply line and into the sanding head in order to cool the surface during polishing (col. 4, ll. 51-65).
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Forbes Annotated Fig. 1.
Forbes does not explicitly disclose details of a handle attached to at least one of a sander and the fluid supply source, wherein the handle is arranged parallel to the first axis.
However, Ghouse (US Patent No. 12,611,761) teaches a handheld apparatus that may be utilized for sanding or polishing a surface (col. 11, ll. 62 through col. 12, ll. 1), the apparatus comprising a sander (item 120; figs. 1-2, similar to applicant’s disclosure and Forbes reference above in which sander houses power source), wherein the sander is attached to a sanding housing (item 130; figs. 1-2) and defines a first axis passing through a center of the sander (designated in annotated fig. 1 below), and a handle (item 105; figs. 1-2) attached to the sander (via intermediate components, i.e. items 103, 108; figs. 1 and 4-5), wherein the handle is arranged parallel (and offset) to the first axis (designated in annotated fig. 1 below).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus, as disclosed in Forbes, to include a handle extending parallel to the axis of the sander, as taught in Ghouse, in order to allow a user to better control the operation of the apparatus (Ghouse; col. 12, ll. 36-37).
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Ghouse Annotated Fig. 1.
Further, though Forbes discloses the primary object of the invention is to polish a work piece, Forbes does not explicitly disclose wherein the apparatus comprises a sanding housing, sander, and a sanding head (i.e. with sanding pad). Forbes further discloses the apparatus may be readily modified for sanding purposes by replacing the disc and hood (items 4 and 5) by a sanding disc and abrasive material (col. 5, ll. 27-29) and wherein the sanding disc may have a series of channels and apertures to deliver cold gas to the work surface (col. 5, ll. 29-33).
Therefore, Servais (US 2024/0173822) teaches an apparatus (item 10; fig. 1) for sanding a surface (pp. [0097-0098]) comprising a sanding head with sanding pad (item 18; figs. 1-2), wherein the sanding pad has a series of channels and apertures (figs. 6 and 15A-15B).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the disc and hood, as disclosed in Forbes, with the backing plate and sanding pad, as taught in Servais, in order for the apparatus to function as intended to sand, polish, and otherwise finish a surface while supplying cold air to the surface via channels and apertures in order to cool the surface.
Lastly, though Forbes appears to disclose the sanding head is removably attached to the outlet of the housing (i.e. via nut on sanding head, fig. 1), Forbes does not explicitly disclose wherein the sanding head is removably attached to the sanding housing.
However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the sanding head, as disclosed in Forbes as modified by Greer, to be removable from the outlet of the housing since it has been held that constructing a formerly integral structure in various elements for replacement, maintenance, and/or repair involves only routine skill in the art (refer to MPEP 2144.04.V-C).
Regarding claim 2, Forbes as modified discloses the apparatus as claimed in claim 1, wherein the fluid supply source is a vortex tube (tube 8 is a vortex tube; col. 4, ll. 45-46).
Regarding claim 3, Forbes as modified discloses the apparatus as claimed in claim 1, wherein the fluid is compressed air (fluid through supply line 20 is compressed air; col. 4, ll. 66-67).
Regarding claim 4, Forbes as modified discloses the apparatus as claimed in claim 1, wherein the sander is an orbital sander (Servais; pp. [0097]).
Regarding claim 5, Forbes as modified discloses the apparatus as claimed in claim 1, further comprising a second handle attached to the sander (designated in annotated fig. 1 above).
Regarding claim 6, Forbes as modified discloses the apparatus as claimed in claim 1, wherein the sanding head comprises a sanding pad (as modified by Servais; head is a sanding head, i.e. item 18 in Servais, including a sanding pad 324; pp. [0114]; figs. 15A-15B) and a sanding pad support structure (Servais; item 18; pp. [0114-0115]; figs. 15).
Regarding claim 7, Forbes as modified discloses the apparatus as claimed in claim 6, wherein the sanding pad is a porous material suitable for the fluid to pass through the sanding pad to the surface (pad 324, as modified in Servais a sanding sheet, includes openings 332, 356 for air to pass through onto surface, i.e. porous; figs. 15A-15B in Servais).
Regarding claim 8, Forbes as modified discloses the apparatus as claimed in claim 6, wherein the sanding pad support structure has a plurality of apertures (Servais; items 352, 356; figs. 15A-15B) configured to allow the fluid to pass through the sanding pad (apertures 352, 356 are capable of allowing fluid, i.e. compressed air from Forbes, to pass through, as modified above) and configured to collect solid particulate (apertures are simultaneously capable of collect solid particulate via solid portions of support structure, i.e. no apertures; figs. 15A-15B in Servais).
Regarding claim 9, Forbes as modified discloses the apparatus as claimed in claim 8, wherein the solid particulate is ice (pad support structure is capable of collecting solid particulate, such as ice, formed through compressed air supply).
Regarding claim 10, Forbes as modified discloses the apparatus as claimed in claim 1, wherein the sanding head is circular (Servais; sanding head is circular; figs. 1-4 and 15A-15B).
Regarding claim 11, Forbes as modified discloses the apparatus as claimed in claim 1, wherein the sanding head defines a fluid flow axis (designated in second annotated fig. 1 below) passing through a center of the sanding head (fluid flow axis extends through center of sanding head, i.e. center defined between left-right end of sanding head in view of fig. 1).
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Forbes Second Annotated Fig. 1.
Regarding claim 14, Forbes as modified discloses the apparatus as claimed in claim 11, wherein the sander is arranged orthogonal to the fluid flow axis (sander extends orthogonal to fluid flow axis, i.e. perpendicular to).
Claims 1, 4-6, and 10-14 are rejected under 35 U.S.C. 103 as being unpatentable over Decker (US Patent No. 1,952, 910) in view of Greer (US 2009/0124184).
Regarding claim 1, Decker (US Patent No. 1,952,910) discloses an apparatus (fig. 1) for polishing a surface (p. 1, ll. 79-81);
a housing (includes 2, 8; figs. 1 and 4) having an inlet (designated in annotated fig. 2 below) and an outlet (item 21; fig. 4), wherein the inlet and the outlet are fluidly connected (p. 2, ll. 15-20; fig. 4);
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Decker Annotated Fig. 2.
a polisher (item 1; figs. 1 and 4; defined as portion of apparatus including drive, i.e. motor, of polisher, similar to applicant’s disclosure, p. 14, ll. 3-13 in instant disclosure) attached to the housing (fig. 1; polisher 1 extends outwardly from housing 2), wherein the sander defines a first axis passing through a center of the polisher (designated in annotated fig. 1 below; first axis extends through center of polisher portion 1);
a head (item 12; p. 2, ll. 4-6; figs. 1 and 4) attached to the outlet of the sanding housing configured to polish the surface (p. 2, ll. 4-6), wherein the polisher is configured to actuate the head (p. 3, ll. 4-6);
a fluid supply line (includes items 20, 29, 46; figs. 1 and 4) connecting the inlet of the sanding housing to a fluid supply source (item 20; p. 2, ll. 78-95);
a handle (item 3; fig. 1) attached to the polisher (handle 3 extends directly from polisher 1; fig. 1), wherein the handle is arranged parallel to the first axis (handle 3 extends coincident with first axis and thereby, parallel as they share the same slope and direction and never intersect; figs. 1 and 5) and
wherein the fluid supply source is configured to provide a fluid (defined as polishing compound; p. 3, ll. 7-8) through the fluid supply line and the sanding head.
The recitations “to cool the surface" is considered to be an intended use limitation. The applicant is reminded that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the structural limitations of the claim, as is the case here; refer to MPEP 2114-II. In the instant case, the polishing compound is a liquid that consists of abrasive, water, and wax; the water helps dissipate heat generated by friction between the abrasive and the surface being polisher thereby, assisting in cooling the surface.
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Decker Annotated Fig. 1.
Though Decker discloses the primary object of the invention is to polish a work piece, Decker does not explicitly disclose wherein the apparatus comprises a sanding housing, a sander, and a sanding head (i.e. with sanding pad).
However, Greer (US 2009/0124184) teaches an apparatus (item 220) for sanding, polishing, or otherwise finishing a surface wherein power polishers and sanders are somewhat interchangeable, depending on the job and thereby, by attaching a fine sanding disk to a rotary polisher (corresponding to polisher in Forbes), the polisher can sand a surface (pp. [0007-0008]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the head, as disclosed in Decker, to include a fine sanding disk thereby, defining the apparatus as a sander with sanding housing and sanding head, as taught in Greer, in order for the apparatus to function as intended and sand, polish, and otherwise finish a surface.
Lastly, though Decker appears to disclose the sanding head is removably attached to the outlet of the housing (i.e. interchanging threads 14, 15 on head and sanding housing; fig. 4), Decker does not explicitly disclose wherein the sanding head is removably attached to the sanding housing.
However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the sanding head, as disclosed in Forbes as modified by Greer, to be removable from the outlet of the housing since it has been held that constructing a formerly integral structure in various elements for replacement, maintenance, and/or repair involves only routine skill in the art (refer to MPEP 2144.04.V-C).
Regarding claim 4, Decker as modified discloses the apparatus as claimed in claim 1, wherein the sander is an orbital sander (sander is an orbital sander as head oscillates to polish and clean the surface; p. 3, ll. 1-6).
Regarding claim 5, Decker as modified discloses the apparatus as claimed in claim 1, further comprising a second handle (designated in annotated fig. 5 below) attached to the sanding housing (second handle extends from sanding housing 2; fig. 5).
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Decker Annotated Fig. 5.
Regarding claim 6, Decker as modified discloses the apparatus as claimed in claim 1, wherein the sanding head comprises a sanding pad (designated in annotated fig. 4 below; defined as sanding pad as modified by Greer above) and a sanding support structure (item 12; fig. 4).
Regarding claim 10, Decker as modified discloses the apparatus as claimed in claim 1, wherein the sanding head is circular in shape (fig. 5; head 12 is circular).
Regarding claim 11, Decker as modified discloses the apparatus as claimed in claim 1, wherein the sanding head defines a fluid axis (designated in annotated fig. 4 below) passing through a center of the sanding head (fluid axis extends through center portion of head 12 in left-right direction, i.e. in view of fig. 4).
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Decker Annotated Fig. 4.
Regarding claim 12, Decker as modified discloses the apparatus as claimed in claim 11, wherein the fluid supply line is arranged parallel to the fluid flow axis (fluid flow axis is coincident to fluid supply line 20, 29, 46, i.e. parallel to as the axis and supply line define the same slope and direction and never intersect).
Regarding claim 13, Decker as modified discloses the apparatus as claimed in claim 11, wherein the fluid supply source is arranged parallel to the fluid flow axis (outer wall of fluid supply source 20 extends parallel to fluid flow axis; designated in annotated fig. 4 above).
Regarding claim 14, Decker as modified discloses the apparatus as claimed in claim 11, wherein the sander is arranged orthogonal to the fluid flow axis (sander 1 is orthogonal to fluid flow axis, i.e. perpendicular to).
Claims 15-20 are rejected under 35 U.S.C. 103 as being unpatentable over Forbes (US Patent No. 6,520,846) in view of Ghouse (US Patent No. 12,611,761), Servais (US 2024/0173822), and DE202011004232 (DE’232), as provided in previous Office action.
Regarding claim 1, Forbes (US Patent No. 6,520,846) discloses an apparatus (fig. 1) for polishing a surface (item 10; abstract; fig. 1);
a polisher (includes items 1, 2, 3, 4, 5; fig. 1) having a motor (item 1; col. 4, ll. 42) and a sanding head (includes items 2, 3, 4, 5; fig. 1), wherein the polisher defines a first axis passing through a center of the polisher (designated in first annotated fig. 1 above; first axis extends through longitudinal center of polisher) and the sanding head defines a fluid flow axis (designated in second annotated fig. 1 above; defined as axis extending centrally through channel of shaft 3) passing through a center of the head (fluid flow axis extends through center of sanding head in left-right direction in view of fig. 1), wherein the fluid flow axis is non-parallel with the surface (fluid flow axis is non-parallel, i.e. perpendicular, to surface 10);
at least one cooling fluid device (includes items 8, 14, 16, 18; fig. 1) fluidly connected to the sanding head (via item 20; fig. 1) configured to provide a cooling fluid (defined as compressed air; col. 4, ll. 66-67) along the fluid flow axis through the head (cooling fluid will extending through tube 8 and into shaft 3 of head in order to pass along the fluid flow axis when extending through head); and
wherein the at least one cooling fluid device is fluidly connected to a fluid supply source (item 12; col. 4, ll. 66-67; fig. 1) .
Forbes does not explicitly disclose the details of at least one handle configured to structurally support the motor and the at least one cooling device, wherein the handle is arranged parallel to the first axis.
However, Ghouse (US Patent No. 12,611,761) teaches a handheld apparatus that may be utilized for sanding or polishing a surface (col. 11, ll. 62 through col. 12, ll. 1), the apparatus comprising a sander (item 120; figs. 1-2, similar to applicant’s disclosure and Forbes reference above in which sander houses power source, i.e. item 210), wherein the sander is attached to a sanding housing (item 130; figs. 1-2) and defines a first axis passing through a center of the sander (designated in annotated fig. 1 below), and a handle (item 105; figs. 1-2) attached to the sander (via intermediate components, i.e. items 103, 108; figs. 1 and 4-5), wherein the handle is arranged parallel to the first axis (designated in annotated fig. 1 above).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus, as disclosed in Forbes, to include a handle extending parallel to the axis of the polisher, as taught in Ghouse, in order to allow a user to better control the operation of the apparatus (Ghouse; col. 12, ll. 36-37).
Further, though Forbes discloses the primary object of the invention is to polish a work piece, Forbes does not explicitly disclose wherein the apparatus comprises a sanding housing, sander, and a sanding head (i.e. with sanding pad). Forbes further discloses the apparatus may be readily modified for sanding purposes by replacing the disc and hood (items 4 and 5) by a sanding disc and abrasive material (col. 5, ll. 27-29) and wherein the sanding disc may have a series of channels and apertures to deliver cold gas to the work surface (col. 5, ll. 29-33).
Therefore, Servais (US 2024/0173822) teaches an apparatus (item 10; fig. 1) for sanding a surface (pp. [0097-0098]) comprising a sanding head with sanding pad (item 18; figs. 1-2), wherein the sanding pad has a series of channels and apertures (figs. 6 and 15A-15B).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the disc and hood, as disclosed in Forbes, with the backing plate and sanding pad, as taught in Servais, in order for the apparatus to function as intended to sand, polish, and otherwise finish a surface while supplying cold air to the surface via channels and apertures.
Lastly, Forbes does not explicitly disclose wherein the sanding head comprises a particulate filter to capture solid particulate generated by the cooling fluid.
However, DE202011004232 (DE’232) discloses an apparatus (item 1; figs. 1-2) for sanding or polishing a surface (pp. [0018] in NPL; apparatus is used for sanding or polishing) comprising: a polisher (includes items 13; fig. 1) having a motor (item 4; pp. [0009]; fig. 1) and a polishing head (includes items 2, 3, 6, 18, 20, 23, 26, 27; fig. 1; similar to applicant’s disclosure in which the sanding head may include a sanding head support structure and a sanding pad, p. 12 of instant disclosure), at least one cooling fluid device (includes items 10, 11, 17, 19, 21; fig. 1) configured to provide a cooling fluid (pp. [0005-0006]; item 7; defined as compressed air) to the polishing head, and wherein the polishing head comprises a particulate filter (item 24; pp. [0035-0036]; fig. 1) to capture solid particulate generated by the cooling fluid (pp. [0035-0036]; the filter captures containments within the cooling fluid, i.e. compressed air).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the sanding head, as disclosed in Forbes, to include a particulate filter, as taught in DE’232, in order to filter out contaminants within the compressed air supply and reduce any noise caused by the outflowing of the compressed air (p. [0035] in DE’232).
Regarding claim 16, Forbes as modified discloses the apparatus as claimed in claim 15, wherein the cooling fluid is compressed air (fluid defined as compressed air; col. 4, ll. 66-67).
Regarding claim 17, Forbes as modified discloses the apparatus as claimed in claim 15, wherein the at least one cooling fluid device is at least one vortex tube (at least one cooling device includes vortex tube 8; col. 4, ll. 45-46).
Regarding claim 18, Forbes as modified discloses the apparatus as claimed in claim 15, wherein the sanding head comprises a material that allows fluid to flow through the material (as modified by Servais above; sanding pad 18 includes openings 352, 356 to allow fluid, i.e. water and/or air, to flow through the material onto the surface; pp. [0114-0115]; figs. 4, 6, and 15A-15B in Servais).
Regarding claim 19, Forbes as modified discloses the apparatus as claimed in claim 15, wherein the at least one handle is configured to be mounted to a robotic arm (the handle, as modified from Ghouse above, is capable of being mounted to a robotic arm).
Regarding claim 20, Forbes as modified discloses the apparatus as claimed in claim 15, further comprising at least one tube (item 8; fig. 1) fluidly connects the at least one cooling fluid device to the sanding head (tube 8 connects at least one cleaning fluid device to sanding head 2; fig. 1).
Response to Arguments
Applicant’s arguments with respect to independent claims 1 and 15 have been considered but are moot because they are addressing newly amended claim limitations, as compared to the rejection of record. The new grounds of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Regarding independent claim 1, upon further consideration and as necessitated by the amendments, a new grounds of rejection is made in view of Forbes (US Patent No. 6,520,846), Ghouse (US Patent No. 12,611,761) and Servais (US 2024/0173822). The Examiner notes Forbes was previously utilized in Non-Final Rejection filed on 01/21/2026 as a teaching reference. Additionally, a new grounds of rejection is made in view of Decker (US Patent No. 1,952, 910) and the same teaching reference from previous Office action, Greer (US 2009/0124184).
Regarding independent claim 15, upon further consideration and as necessitated by the amendments, a new grounds of rejection is made in view of Forbes (US Patent No. 6,520,846), Ghouse (US Patent No. 12,611,761), Servais (US 2024/0173822), and DE202011004232 (DE’232), which was previously utilized as the primary reference in Non-Final Rejection filed on 01/21/2026.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Kochanski (EP2228173), as provided by the Examiner, discloses an apparatus for polishing a surface, comprising a housing having an inlet and an outlet, a polisher defining a first axis passing through a center of the polisher, a head, a fluid supply line connecting the inlet of the sanding housing to a fluid supply source, a handle attached to the sander, wherein the handle is arranged parallel to the first axis.
Tingley (US Patent No. 4,622,780) discloses an apparatus for polishing a surface comprising a housing having an inlet and an outlet, a polisher having a motor, a head, a fluid supply line parallel to an axis of the motor, and a handle parallel to the polisher.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 SIDNEY D FULL whose telephone number is (571)272-6996. The examiner can normally be reached Monday-Friday, 7:00a.m.-2:30p.m..
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/SIDNEY D FULL/Examiner, Art Unit 3723
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