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 .
Drawings
The drawings are objected to because figure 3 appears to show an undescribed protrusion in the channel 334 which leads to confusion as to the channel height. Specifically, the channel 334 in element 330 appears to have an unlabeled protrusion embedded within, and which protrudes from the top surface of element 330. The height of the channel is labeled as “hc”, but appears to measure to the bottom of this undescribed protrusion rather than the bottom of the channel. It is unclear if this is a drafting error or some undescribed feature of the invention. 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 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 4-7 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.
Regarding claims 4-5, each of these claims recites “the height” in their last lines. It is unclear what height is being referred to here. Is this one of the maximum heights h1 or h2 recited in claim 1? Is this a height of some other element of the disk? For the purposes of this examination, the height recited in claims 4-5 will be read as defining a height of the at least one channel.
Claims 5-7 are rejected as indefinite due to their dependency upon rejected claim 4.
Further regarding claim 5, the claim recites “the at least one compressible layer defines at least one channel”. However this limitation is already recited in claim 4. It is unclear if the at least one channel in claim 5 is the same or different from the at least one channel in claim 4. For the purposes of this examination, these claims will be read as defining the same at least one channel.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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) 1-7 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tregub (US 2019/0193245, cited by applicant).
Regarding claim 1, Tregub discloses a pad conditioning disk, comprising: a substantially circular carrier layer (74); at least one discrete abrasive element (70, 80) disposed nearer to an edge than a center of the carrier layer (as shown in fig 2; abrasive elements 70 near outer edge); at least one circumferential compressible layer (60) at least partially surrounding the at least one discrete abrasive element (as shown in fig 2); wherein the at least one discrete abrasive element has a maximum height h1 above the carrier layer; wherein the at least one circumferential compressible layer has a maximum height h2 above the carrier layer; and wherein, when uncompressed, h2 > h1 (as shown in fig 3, compressible layer has a larger height than abrasive elements).
Regarding claims 2-3, Tregub further discloses the at least one circumferential compressible layer covers 360 degrees of the substantially circular carrier layer at at least one radius r (as shown in fig 2, at radius inward of the outer abrasive elements 70, the compressible layer 60 covers a full circle of the carrier layer).
Regarding claims 4-7, Tregub further discloses the at least one circumferential compressible layer defines at least one channel (see annotated fig below) from the center of the carrier layer to the edge of the carrier layer (channel extends from the center to the edge around the abrasive element) wherein the height is less than h2 and less than h1 (see annotated fig below); wherein the at least one channel is straight (as viewed in fig 3, the channel is vertically straight); and wherein the at least one channel is curved (as viewed in fig 2, channel curves around abrasive element).
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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) 8-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tregub as applied to claim 1 above, and further in view of Lehuu (US 10710211).
Regarding claim 8, Tregub teaches all the elements of claim 1 as described above. Tregub further teaches the at least one circumferential compressible layer includes a base layer (86; [0027]). Tregub does not teach the base layer being a foam layer. However, it is obvious to select “a known material based on its suitability for its intended use” (MPEP 2144.07). Lehuu teaches a pad conditioning disk including a base layer (20; fig 7) for attaching compressible elements to a carrier, wherein the base layer is a foam layer (col 5, lines 27-42). It would have been obvious for a person having ordinary skill in the art before the effective filing date of the claimed invention to use foam as the material of the base layer of Tregub, as foam is a known material for fastening resilient elements to a carrier in conditioning discs as taught by Lehuu (col 5, lines 27-42).
Regarding claims 9-10, Tregub, as modified, teaches all the limitations of claim 8 as described above. Tregub further teaches the at least one circumferential compressible layer includes a top layer (layer including bristles as shown in fig 3); wherein the top layer includes one or more of nylon, polyetheretherketone, polycarbonate, polystyrene, or polyphenylene sulfide (nylon as described [0017]).
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tregub as applied to claim 1 above, and further in view of Sha (CN 112077743, see provided machine translation).
Regarding claim 11, Tregub teaches all the elements of claim 1 as described above. Tregub does not teach the at least one circumferential compressible layer including a spring mechanism. Sha teaches a pad conditioning disc wherein a circumferential compressible layer (14) includes a spring mechanism (15; fig 3; [0039]). It would have been obvious for a person having ordinary skill in the art before the effective filing date of the claimed invention to include a spring in the circumferential compressible layer of Tregub, as the elasticity the spring allows the compressible layer to dynamically change height with changes in pressure for achieving different conditioning results as taught by Sha ([0034]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Other similar pad conditioners are cited.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARCEL T DION whose telephone number is (571)272-9091. The examiner can normally be reached M-Th 9-5, F 9-3.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Keller can be reached at 571-272-8548. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MARCEL T DION/Examiner, Art Unit 3723
/BRIAN D KELLER/Supervisory Patent Examiner, Art Unit 3723
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