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
Claim 13 is withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 04/10/2026.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “spirally wound abrasive band” of claim 1 and “the abrasive band being arranged axially between the first main tool side and the second main tool side” of claim 4;
“the abrasive band being arranged around the outer circumferential edge” of claim 10, must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claim 4 is objected to because of the following informalities: “at least partially along the band length of the abrasive band”, and should be “at least partially along a band length of the abrasive band”, since it has not been introduced and to avoid an antecedent error.
Claim 7 is objected to because of the following informalities: “the central grinding region extending over at least 60 percent of the axial extent”, and should be “the central grinding region extending over at least 60 percent of an axial extent”, since it has not been introduced and to avoid an antecedent error.
Appropriate correction is required.
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.
Claims 1-6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by ALBERT (US 2622377 A).
Referring to claim 1: ALBERT discloses a grinding tool (shown in Figs. 4 and 5) drivable in rotation about an axis of rotation (17 Figs. 4 and 5) comprising: an abrasive band (16 Figs. 4 and 5) which is wound spirally (shown in Figs. 4 and 5) with a plurality of superimposed layers (layers shown in Figs. 4 and 5) about the axis of rotation (17 Figs. 4 and 5) and has a grinding layer (6 Fig. 4) on a band side (band side of 16 shown in Fig. 4) facing away from the axis of rotation (17 Figs. 4 and 5), characterized in that the wound-up abrasive band (16 Figs. 4 and 5) is, viewed in a longitudinal section (shown in Fig. 5) along the axis of rotation, convexly curved (shown convexly curved in Fig. 5) with respect to the axis of rotation (16 Figs. 4 and 5) and the layers of the abrasive band (6 Fig. 4) reach radially into one another (shown in Fig. 4).
Referring to claim 2: ALBERT discloses the grinding tool according to claim 1, wherein, with respect to the axis of rotation (17 Figs. 4 and 5), radially inner layer (layers shown in Figs. 4 and 5) of the abrasive band (16 Figs. 4 and 5) is axially covered partially (see winded, partially, axially covered band 16 shown in Figs. 4 and 7) an adjacent radially outer layer (layers shown in Figs. 4 and 5) of the abrasive band.
Referring to claim 3: ALBERT discloses the grinding tool according to claim 1, wherein the profile geometry of the wound-up abrasive band (16 Figs. 4 and 5) has a U-shape and/or a V-shape (the shape of the band 16 can be construed as either U or V shaped) at least partially along the band length of the abrasive band (16 Figs. 4 and 5).
Referring to claim 4: ALBERT discloses the grinding tool according to claims 1, wherein the grinding tool has a first main tool side (end of 20 shown in Figs. 3 and 4) and a second main tool side (end of 17 shown in Figs. 3 and 4) facing away from the first main tool side (end of 20 shown in Figs. 3 and 4), the abrasive band (16 Figs. 4 and 5) being arranged axially between (shown in Figs. 3 and 4) the first main tool side (end of 20 shown in Figs. 3 and 4) and the second main tool side (end of 17 shown in Figs. 3 and 4) with respect to the axis of rotation (17 Figs. 4 and 5).
Referring to claim 5: ALBERT discloses the grinding tool according to claim 4, wherein the grinding tool is covered on its first main tool side (end of 20 shown in Figs. 3 and 4) and/or the second main tool side at least partially by a respective stabilizing layer (stabilizing layer 15 between 5 and 6, shown in Fig. 8) the abrasive band (16 Figs. 4 and 5) being fastened (shown in Fig. 8) to the at least one stabilizing layer (layer 15 shown in Fig. 8).
Referring to claim 6: ALBERT discloses the grinding tool (1) according to claim 5, wherein the at least one stabilizing layer (layer 15 shown in Fig. 8) comprises a binder (“adhesive” Col. 3, lines 65-70; “adhesively secured” Col. 5, line 20), wherein in an edge region (5 Fig. 8) of the abrasive band (16 Figs. 4 and 5) facing the respective stabilizing layer (layer 15 shown in Fig. 8) the binder (“adhesive” Col. 3, lines 65-70; “adhesively secured” Col. 5, line 20) extends into intermediate spaces (intermediate space between 5 and 6 shown in Fig. 8) formed between the layers of the abrasive band (16 Figs. 4 and 5).
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 and 7-12 are rejected under 35 U.S.C. 103 as being unpatentable over PAN (CN 207058378 U) and TYLER (DE4102439A1).
Referring to claim 1: PAN teaches a grinding tool (shown in Figs. 1 and 2) drivable in rotation about an axis of rotation (15 Fig. 2) comprising: an abrasive band (1 Fig. 1; 11 Fig. 2) with a plurality of superimposed layers (layers shown in Fig. 2) about the axis of rotation (15 Fig. 2) and has a grinding layer (exterior layer of 11 shown in Fig. 2) on a band side (interior band side of 11 shown in Fig. 2) facing away from the axis of rotation (15 Fig. 2), characterized in that the abrasive band (1 Fig. 1; 11 Fig. 2) is, viewed in a longitudinal section (shown in Fig. 1) along the axis of rotation (15 Fig. 2), and the layers of the abrasive band (1 Fig. 1; 11 Fig. 2) reach radially into one another (shown in Fig. 2).
The examiner is unsure if the band is specifically spirally wound since PAN discloses in paragraph [0029]: “Each cloth piece 11 is composed of a cloth piece body and a plurality of stitches 14 arranged around the wheel shaft hole 15 and having the same interval.; and a plurality of cloth pieces 11 are combined and sewn together”.
But is silent on an abrasive band which is specifically wound spirally; and the band is specifically convexly curved with respect to the axis of rotation.
TYLER in an analogous grinding tool (180 Figs. 28 and 29) teaches a band (181 Figs. 28 and 29) specifically wound spirally.
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 grinding tool of PAN with the spirally wound band as taught by TYLER for the purpose of having a band which the grinding surface can be easily replaced when the current surface no longer functions optimally.
TYLER also teaches an analogous grinding tool (150/160 Figs. 24 and 25) with a similar configuration band (152/162 Figs. 24 and 25) that is specifically convexly curved (convexly curved regions of 153 and 167 shown in Figs. 24 and 25) with respect to the similar configuration axis of rotation (151/161 Figs. 24 and 25).
It also would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention modify the grinding tool of PAN as modified with the convex curved as taught by TYLER for the purpose of having a smaller surface capable corners/ smaller areas, and since such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art. MPEP 2144.04(IV)(A)
Referring to claim 7: PAN as modified teaches the grinding tool according to claim 1, wherein the layers (layers shown in Fig. 2) of the abrasive band (1 Fig. 1; 11 Fig. 2) lie one above the other in an unconnected manner (outermost later is outwardly unconnected) at least in a central grinding region (central grinding region of 153/167 Figs. 24 and 25 of TYLER), the central grinding region (central grinding region of 153/167 Figs. 24 and 25 of TYLER) extending from the axial extent (normal wider width of 152/162 Figs. 24 and 25 of TYLER) of the abrasive band (152/162 Figs. 24 and 25 of TYLER) with respect to the similar configuration axis of rotation (151/161 Figs. 24 and 25 of TYLER).
But is silent on the central grinding region specifically extending over at least 60 percent of the axial extent of the abrasive band with respect to the axis of rotation.
Per MPEP 2143-E, choosing from a finite number of identified predictable solutions, with a reasonable expectation of success supports a conclusion of obviousness. In the instant case, the finite number of identified predictable solutions that the central grinding region extending over at least 60 percent the axial extent or less than 60%; further, the prior art teaches the central grinding region extending over the axial extent.
Therefore, modifying the grinding tool of PAN as modified with the central grinding region extending over at least 60 percent the axial extent, can easily be made without any change in the operation of the grinding tool of PAN as modified with reasonable expectations of success.
Since the application’s disclosure has not proven criticality to the range, and specifically why the operation would’ve failed otherwise, it would have been obvious to have modified the grinding tool of PAN as modified by extending the central grinding region to over at least 60 percent the axial extent for the purpose of having sufficiently large surface areas for reaching both large and smaller areas of a specific application to increase the efficiency of the tool.
Referring to claim 8: PAN as modified teaches the grinding tool according to claim 1, wherein the grinding tool (shown in Figs. 1 and 2) is a grinding disk (shown in Figs. 1 and 2) and comprises a central supporting body (supporting body comprising of 2, 3, and 4 Fig. 1), the abrasive band (1 Fig. 1; 11 Fig. 2) being arranged around the supporting body (supporting body comprising of 2, 3, and 4 Fig. 1).
Referring to claim 9: PAN as modified teaches the grinding tool according to claim 8, wherein the abrasive band (1 Fig. 1; 11 Fig. 2) is fixed to the supporting body (4 Fig. 1) by means of the at least one stabilizing layer (stabilizing layer of 2/3 Fig. 1).
Referring to claim 10: PAN as modified teaches the grinding tool according to claim 8, wherein the supporting body (supporting body comprising of 2, 3, and 4 Fig. 1) is plate-shaped and has a first main body side (2 Fig. 1) and a second main body side (3 Fig. 1) facing away from the first main body side (2 Fig. 1), as well as an outer circumferential edge (outer circumferential edge of 2/3 shown in Fig. 1), the abrasive band (1 Fig. 1; 11 Fig. 2) being arranged around the outer circumferential edge (outer circumferential edge of 2/3 shown in Fig. 1).
Referring to claim 11: PAN as modified teaches the grinding tool according to claim 10, wherein a first end (end of 11 closest to 13 shown in Fig. 2) of the abrasive band (1 Fig. 1; 11 Fig. 2) terminates at the outer periphery (shown in Fig. 1) of the grinding tool and a second end (exterior end of 1 shown in Figs. 1 and 2) of the abrasive band (1 Fig. 1; 11 Fig. 2) terminate at the outer circumferential edge (outer circumferential edge of 2/3 shown in Fig. 1) of the supporting body (supporting body comprising of 2, 3, and 4 Fig. 1).
Referring to claim 12: PAN as modified teaches the grinding tool according to claim 1, wherein the grinding tool has a multilayer winding ( “Each cloth piece 11 is composed of a cloth piece body and a plurality of stitches 14 arranged around the wheel shaft hole 15 and having the same interval.; and a plurality of cloth pieces 11 are combined and sewn together”. [0029] of PAN) with the abrasive band (1 Fig. 1; 11 Fig. 2) and at least one further abrasive band (“a plurality of cloth pieces 11 are combined and sewn together” [0029] of PAN), the abrasive band (1 Fig. 1; 11 Fig. 2) and the at least one further abrasive band (“a plurality of cloth pieces 11 are combined and sewn together” [0029] of PAN) being wound (“wound” [0088] of TYLER), at least partially, in multiple layers one on top of the other and spirally with multiple layers (shown in Fig. 29 of TYLER) one on top of the other about the axis of rotation (15 Fig. 2 of PAN; 183 Fig. 28 of TYLER).
Conclusion
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CHRISTOPHER SOTO
Examiner
Art Unit 3723
/CHRISTOPHER SOTO/ Examiner, Art Unit 3723
/MONICA S CARTER/ Supervisory Patent Examiner, Art Unit 3723
Prosecution Insights