DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Election/Restrictions
Applicant’s election without traverse of Group I in the reply filed on 06/30/2026 is acknowledged.
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.
Claims 1-10 are rejected under 35 U.S.C. 103 as being unpatentable over Cybulski et al. (US 7144300, hereinafter: “Cybulski”) in view of Lu (CN 206839771).
In reference to Claim 1
Cybulski discloses:
A sand paper holder (10) for holding ends of an elongate piece of sand paper (102), the sand paper holder comprising: a shield plate (as shown in annotated Figure 6 of Cybulski) having a first face (as shown in annotated Figure 6 of Cybulski) and a second face (as shown in annotated Figure 6 of Cybulski) on opposite sides of the shield plate; a clamping mechanism (14, 130) mounted on the first face of the shield plate and configured to receive opposite end margins (portions at 152) of the elongate piece of sand paper and to clamp the end margins so as to secure the end margins in the clamping mechanism; a handle (22) mounted on the second face of the shield plate; wherein the shield plate includes a portion positioned so that when the sand paper holder is held by the handle on the second face of the shield plate a user may view the clamp mechanism.
Cybulski is silent on the shield plate includes a transparent portion positioned so that when the sand paper holder is held by the handle on the second face of the shield plate a user may view the clamp mechanism and piece of sand paper held by the claim through the shield plate.
Lu teaches a wood polisher comprising a sand paper 14 and a transparent protecting plate (16) (Page 2-4 of the English Translation of Lu). (Fig. 2).
Based on the teaching of Cybulski and Lu, 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 shield plate of Cybulski by utilizing a transparent material as taught by Lu for the purpose of providing a protection from flying particles and allow the user to see through the shield and working material.
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Figure 1: Annotated Figure 6 of Cybulski.
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Figure 2: Annotated Figure 1 of Cybulski.
In reference to Claim 2
Cybulski in view of Lu discloses:
The sand paper holder as set forth in 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 shield plate of Cybulski in view of Lu by making the entire shield plate from transparent material, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416. Lu teaches transparent shield plate is known in the art of sand and grinding.
In reference to Claim 3
Cybulski in view of Lu discloses:
The sand paper holder as set forth in claim 1. Cybulski discloses the shield plate (as shown in annotated Figure 6 of Cybulski) has a perimeter and the handle (22) is located entirely within the perimeter of the shield plate. (Fig. 1, Cybulski).
In reference to Claim 4
Cybulski in view of Lu discloses:
The sand paper holder as set forth in claim 1. Cybulski discloses the handle (22) has a width and a length (width and length direction as shown in annotated Figure 1 of Cybulski) that is greater than the width, and the clamping mechanism (14) has a width and a length (width and length direction as shown in annotated Figure 1 of Cybulski) that is greater than the width, the handle and clamping mechanism being mounted on the shield plate so that the length of the handle is transverse to the length of the clamping mechanism.
In reference to Claim 5
Cybulski in view of Lu discloses:
The sand paper holder as set forth in claim 1. Cybulski discloses the clamping mechanism (14) comprises a housing (12) having an opening (as shown in annotated Figure 1 of Cybulski) and a clamp jaw (60) received in the housing and movable with respect to the housing (Fig. 1-4).
In reference to Claim 6
Cybulski in view of Lu discloses:
The sand paper holder as set forth in claim 5. Cybulski discloses the clamp jaw constitutes a first clamp jaw (60), the clamping mechanism further comprising a second clamp jaw (112) received in the housing. (Fig. 1-4).
In reference to Claim 7
Cybulski in view of Lu discloses:
The sand paper holder as set forth in claim 6. Cybulski discloses the second clamp jaw (112) is fixed with respect to the housing (Fig. 1-4).
In reference to Claim 8
Cybulski in view of Lu discloses:
The sand paper holder as set forth in claim 6. Cybulski discloses the clamping mechanism (14) comprises a guide (one tooth of 40, 42) attached to the housing and operatively engaging the first clamp jaw to guide movement of the first clamp jaw. (Fig. 1-4).
In reference to Claim 9
Cybulski in view of Lu discloses:
The sand paper holder as set forth in claim 8. Cybulski discloses the guide (tooth 40, 42) constitutes a first guide (one tooth 40, 42), the sand paper holder further comprising a second guide (another tooth 40, 42) attached to the housing and operatively engaging the first clamp jaw to guide movement of the first clamp jaw. (Fig. 1-4).
In reference to Claim 10
Cybulski in view of Lu discloses:
The sand paper holder as set forth in claim 8 further comprising a spring (64, 62; “the tensioning member 64 is a thin flexible strip of metal, for example, forming a leaf spring-like configuration, that generally returns to the orientation shown in FIG. 1. Alternatively, the tensioning member 64 can be formed of other materials, such as plastic(s), film(s), etc” Col. 6, ll. 16-21) having a first end (hanging end of 62) engaging the guide (teeth 40, 42) and a second end (end attached to 60; Fig. 3) engaging the first clamp jaw and biasing the first clamp jaw to an open position. (Fig. 1-4).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Deshler (US 20030104777), Cybulski et al. (US 20070155297), and Lamers (US 20090186566) disclose the sanding mechanism that is relevant to the Applicant’s invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AYE SU MON HTAY whose telephone number is (571)270-5958. The examiner can normally be reached Monday-Friday, 9:00am-3:00pm PST.
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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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/AYE S HTAY/Examiner, Art Unit 3745
/NATHANIEL E WIEHE/Supervisory Patent Examiner, Art Unit 3745
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