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
Applicant is advised that should claim 2 be found allowable, claim 12 will be objected to under 37 CFR 1.75 as being a substantial duplicate thereof. When two claims in an application are duplicates or else are so close in content that they both cover the same thing, despite a slight difference in wording, it is proper after allowing one claim to object to the other as being a substantial duplicate of the allowed claim. See MPEP § 608.01(m).
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) 1-4, 7-14, and 16-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over CH 646,611 to Farcinade (a machine translation will be referred to herein) in view of CA 2,783,692 to Simpson.
In Reference to Claim 1
Farcinade teaches:
An edge sharpening device, comprising:
an electric motor (2) housed by a housing (1), wherein a motor shaft (5) extends from the electric motor and is rotatable by the electric motor about a rotation axis, the motor shaft being configured to secure an abrasive wheel (7), the housing comprising:
a housing base (1b, right end of housing 1 in Figure 3) configured to secure a base adapter (9), the base adapter being configured to rest on a surface (outer face of edge 20) of a material (ski 21) comprising an edge (20) to enable the abrasive wheel to contact the edge (see page 2, lines 16-31, and page 3, lines 1-6 and Figures 1-3).
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Farcinade fails to teach:
A battery mount configured to secure a battery for powering the electric motor, wherein a longitudinal axis of the housing base, a longitudinal axis of the battery mount, and the rotation axis of the electric motor are arranged on a median plane of the edge sharpening device.
Simpson teaches:
An edge sharpening device comprising an electric motor (2), a housing (3 and casing around battery, motor, and right angled drive) having a housing base (housing around right angled drive) with a longitudinal axis (see annotated Figure below), a battery mount (bottom of housing around battery, on top of drive motor, see annotated Figure) configured to secure a battery (not numbered, see Figure) for powering the electric motor, wherein a longitudinal axis of the housing base, a longitudinal axis of the battery mount, and the rotation axis of the electric motor are arranged on a median plane (see annotated Figure) of the edge sharpening device (see page 2 and the Figure).
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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 edge sharpening device of Farcinade by adding a battery and battery mount as taught by Simpson as both references are directed to edge sharpening devices having motors, and for the purpose of being able to power the motor using the battery.
In Reference to Claim 2#
Farcinade as modified by Simpson teaches:
The edge sharpening device of claim 1, wherein the longitudinal axis of the housing base and the longitudinal axis of the battery mount are arranged on opposing sides of the rotation axis of the electric motor. The Figure of Simpson shows the battery and battery mount are located above the electric motor, which is on the opposite side of the housing base.
In Reference to Claim 3#
Farcinade as modified by Simpson teaches:
The edge sharpening device of claim 1, wherein, when the base adapter rests on the surface of the material comprising the edge and the abrasive wheel contacts the edge, the housing base, the electric motor, and the battery mount form a vertical arrangement over the surface of the material comprising the edge.
When modifying the edge sharpening device of Farcinade with the teachings of Simpson, the battery and battery mount of Simpson would be located above the motor of Farcinade. This creates the vertical arrangement, and results in the arrangement being over the surface of the material comprising the edge.
In Reference to Claim 4#
Farcinade as modified by Simpson teaches:
The edge sharpening device of claim 1, wherein, when the base adapter rests on the surface of the material comprising the edge and the abrasive wheel contacts the edge, a center of gravity of the edge sharpening device is positioned over the surface of the material comprising the edge.
The battery, electric motor, and abrasive wheel of Farcinade as modified by Simpson are stacked in a vertical arrangement with the material located below the edge sharpening device, which results in the center of gravity being located over the surface of the material comprising the edge.
In Reference to Claim 7#
Farcinade as modified by Simpson teaches:
The edge sharpening device of claim 1, wherein the base adapter is selectively removable from the housing base. The base adapter of Farcinade is attached to the edge sharpening device by a screw (13 of Farcinade), and therefore the base adapter is selectively removable.
In Reference to Claim 8#
Farcinade as modified by Simpson teaches:
The edge sharpening device of claim 1, wherein the base adapter comprises an angle plate (9 of Farcinade) that configures the abrasive wheel to contact the edge in accordance with a predetermined sharpening angle (90 degrees) when the base adapter rests on the surface of the material comprising the edge (see Figures 2 and 3 of Farcinade).
In Reference to Claim 9#
Farcinade as modified by Simpson teaches:
The edge sharpening device of claim 8, wherein the angle plate comprises a plurality of slide rails (9a of Farcinade) configured to interface with the surface of the material comprising the edge (see Figure 3 of Farcinade).
In Reference to Claim 10#
Farcinade as modified by Simpson teaches:
The edge sharpening device of claim 1, wherein the edge sharpening device comprises a ski base sharpening device, wherein the material comprising the edge comprise a ski base, and wherein the edge comprises an edge of the ski base (see page 3, lines 1-2 of Farcinade).
In Reference to Claim 11
Farcinade teaches:
An edge sharpening device, comprising:
an electric motor (2) housed by a housing (1), wherein a motor shaft (5) extends from the electric motor and is rotatable by the electric motor about a rotation axis, the motor shaft being configured to secure an abrasive wheel (7), the housing comprising:
a housing base (1b, right end of housing 1 in Figure 3) configured to secure a base adapter (9), the base adapter being configured to rest on a surface (outer face of edge 20) of a material (ski 21) comprising an edge (20) to enable the abrasive wheel to contact the edge (see page 2, lines 16-31, and page 3, lines 1-6 and Figures 1-3, and the annotated Figure with the rejection of claim 1).
Farcinade fails to teach:
A battery mount configured to secure a battery for powering the electric motor, wherein a longitudinal axis of the housing base and a longitudinal axis of the battery mount are arranged on opposing sides of the rotation axis of the electric motor.
Simpson teaches:
An edge sharpening device comprising an electric motor (2), a housing (3 and casing around battery, motor, and right angled drive) having a housing base (housing around right angled drive) with a longitudinal axis (see annotated Figure with the rejection of claim 1), a battery mount (bottom of housing around battery, on top of drive motor, see annotated Figure) configured to secure a battery (not numbered, see Figure) for powering the electric motor, wherein a longitudinal axis of the housing base and a longitudinal axis of the battery mount are arranged on opposing sides of the rotation axis of the electric motor (see page 2 and the annotated Figure with the rejection of claim 1).
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 edge sharpening device of Farcinade by adding a battery and battery mount as taught by Simpson as both references are directed to edge sharpening devices having motors, and for the purpose of being able to power the motor using the battery.
In Reference to Claim 12
Farcinade as modified by Simpson teaches:
The edge sharpening device of claim 11, wherein the longitudinal axis of the housing base, the longitudinal axis of the battery mount, and the rotation axis of the electric motor are arranged on a median plane (see annotated Figure of Simpson with the rejection of claim 1) of the edge sharpening device.
In Reference to Claim 13
Farcinade as modified by Simpson teaches:
The edge sharpening device of claim 11, wherein, when the base adapter rests on the surface of the material comprising the edge and the abrasive wheel contacts the edge, the housing base, the electric motor, and the battery mount form a vertical arrangement over the surface of the material comprising the edge.
When modifying the edge sharpening device of Farcinade with the teachings of Simpson, the battery and battery mount of Simpson would be located above the motor of Farcinade. This creates the vertical arrangement, and results in the arrangement being over the surface of the material comprising the edge.
In Reference to Claim 14
Farcinade as modified by Simpson teaches:
The edge sharpening device of claim 11, wherein, when the base adapter rests on the surface of the material comprising the edge and the abrasive wheel contacts the edge, a center of gravity of the edge sharpening device is positioned over the surface of the material comprising the edge.
The battery, electric motor, and abrasive wheel of Farcinade as modified by Simpson are stacked in a vertical arrangement with the material located below the edge sharpening device, which results in the center of gravity being located over the surface of the material comprising the edge.
In Reference to Claim 16
Farcinade as modified by Simpson teaches:
The edge sharpening device of claim 11, wherein the base adapter is selectively removable from the housing base. The base adapter of Farcinade is attached to the edge sharpening device by a screw (13 of Farcinade), and therefore the base adapter is selectively removable.
In Reference to Claim 17
Farcinade as modified by Simpson teaches:
The edge sharpening device of claim 11, wherein the base adapter comprises an angle plate (9 of Farcinade) that configures the abrasive wheel to contact the edge in accordance with a predetermined sharpening angle (90 degrees) when the base adapter rests on the surface of the material comprising the edge (see Figures 2 and 3 of Farcinade).
In Reference to Claim 18
Farcinade as modified by Simpson teaches:
The edge sharpening device of claim 17, wherein the angle plate comprises a plurality of slide rails (9a of Farcinade) configured to interface with the surface of the material comprising the edge (see Figure 3 of Farcinade).
In Reference to Claim 19
Farcinade as modified by Simpson teaches:
The edge sharpening device of claim 11, wherein the edge sharpening device comprises a ski base sharpening device, wherein the material comprising the edge comprise a ski base, and wherein the edge comprises an edge of the ski base (see page 3, lines 1-2 of Farcinade).
In Reference to Claim 20
Farcinade teaches:
An edge sharpening device, comprising:
an electric motor (2) housed by a housing (1), wherein a motor shaft (5) extends from the electric motor and is rotatable by the electric motor about a rotation axis, the motor shaft being configured to secure an abrasive wheel (7), the housing comprising:
a housing base (1b, right end of housing 1 in Figure 3) configured to secure a base adapter (9), the base adapter being configured to rest on a surface (outer face of edge 20) of a material (ski 21) comprising an edge (20) to enable the abrasive wheel to contact the edge (see page 2, lines 16-31, and page 3, lines 1-6 and Figures 1-3, and the annotated Figure with the rejection of claim 1).
Farcinade fails to teach:
A battery mount configured to secure a battery for powering the electric motor, wherein, when the base adapter rests on the surface of the material comprising the edge and the abrasive wheel contacts the edge, the housing base, the electric motor, and the battery mount form a vertical arrangement over the surface of the material comprising the edge.
Simpson teaches:
An edge sharpening device comprising an electric motor (2), a housing (3 and casing around battery, motor, and right angled drive) having a housing base (housing around right angled drive), a battery mount (bottom of housing around battery, on top of drive motor, see annotated Figure) configured to secure a battery (not numbered, see Figure) for powering the electric motor, when a base adapter (guide plate 6) rests on a surface (right face of ski 9 in the Figure) of a material (ski 9) comprising an edge (right side of ski 9 in Figure) and the abrasive wheel contacts the edge, the housing base, the electric motor, and the battery mount form a vertical arrangement (stacked atop one another, see Figure) (see page 2 and the annotated Figure with the rejection of claim 1).
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 edge sharpening device of Farcinade by adding a battery and battery mount as taught by Simpson as both references are directed to edge sharpening devices having motors, and for the purpose of being able to power the motor using the battery.
When modifying the edge sharpening device of Farcinade with the teachings of Simpson, the battery and battery mount of Simpson would be located above the motor of Farcinade. This creates the vertical arrangement, and results in the arrangement being over the surface of the material comprising the edge.
Claim(s) 5, 6, and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over CH 646,611 to Farcinade as modified by CA 2,783,692 to Simpson as applied to claims 1 and 11 above, and further in view of US 5,136,816 to Beckingham.
In Reference to Claims 5 and 15
Farcinade as modified by Simpson teaches:
The edge sharpening device of claims 1 and 11, comprising the electric motor, the motor shaft, and the abrasive wheel, wherein the motor shaft is configured to secure the abrasive wheel, wherein the abrasive wheel has an abrasive side (right surface of abrasive wheel 7 in Figure 3 of Farcinade), and the abrasive side contacts the edge when the base adapter rests on the surface of the material comprising the edge (see Figure 3 of Farcinade).
Farcinade as modified by Simpson fails to teach:
The motor shaft is configured to secure the abrasive wheel such that the abrasive side faces toward the electric motor.
Beckingham teaches:
An edge sharpening device (apparatus for sharpening edges of skis, column 1, lines 4-6) comprising an electric motor (20) having a motor shaft (28), and an abrasive wheel (30) having an abrasive side (32), wherein the motor shaft is configured to secure the abrasive wheel such that the abrasive side faces toward the electric motor (see column 2, line 65 through column 3, line 16 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 modify the edge sharpening device of Farcinade as modified by Simpson by replacing the abrasive wheel with an abrasive wheel having the abrasive side face the electric motor as taught by Beckingham as both references are directed to edge sharpening devices having electric motors and abrasive wheels, and which is a simple substitution which would yield predictable results. In this case, the predictable result would be an abrasive wheel having an abrasive surface which faces the electric motor, and there is a gap between the abrasive side and the electric motor large enough to fit the ski having the edge being sharpened.
In Reference to Claim 6#
Farcinade as modified by Simpson and Beckingham teaches:
The edge sharpening device of claim 5, wherein the abrasive wheel comprises the abrasive side and a non-abrasive side, or wherein the abrasive wheel comprises two abrasive sides. The abrasive wheel of Beckingham only has the abrasive side face the electric motor, the opposite side lacks the abrasive surface (32), see Figure 2. Accordingly the edge sharpening device of Farcinade as modified by Simpson and Beckingham has an abrasive wheel having an abrasive side and a non-abrasive side.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 6,702,656 to Hibbert teaches an edge sharpening device having an abrasive wheel and an electric motor. US 2010/0330889 to Thibault teaches an edge sharpening device having an abrasive wheel and an electric motor.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JASON GREGORY DAVIS whose telephone number is (571)270-3289. The examiner can normally be reached M-Th: 8:00-5:00, F: 8:00-12:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nathan Wiehe can be reached at (571) 272-8648. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JASON G DAVIS/Examiner, Art Unit 3745
/NATHANIEL E WIEHE/Supervisory Patent Examiner, Art Unit 3745