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
Claims 8 and 12 are objected to as the phrasing “a part having a height increasing upward in a direction away from a rotational axis of the cam part” is potentially confusing. The limitation could be interpreted either as a height increasing at a separate (away) location from the rotational axis, or as a height increasing at an angle/orthogonal to the rotational axis. Claim language should be clarified to more clearly indicate the claimed limitation.
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.
Claims 1-7, 9-11, and 13-15 rejected under pre-AIA 35 U.S.C. 102(a)(1) as being anticipated by Johnson US 2477807 A.
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Johnson Figure 1
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Johnson Figure 5
Regarding claim 1, Johnson teaches a sander (10), comprising: a sanding part (14) having a planar sheet placement surface (26) on which a sanding sheet (12) can be set; and at least one clamping mechanism (33) configured to hold the sanding sheet (12) on the sanding part (14), wherein: the at least one clamping mechanism (33) includes: a clamping part (43) that is configured to hold the sanding sheet (12) and to be slid in a direction parallel to the sheet placement surface (26) between a closed position to hold the sanding sheet (12) on a side surface (see Figure 5, where 45 touches 14) of the sanding part (14) and an open position to allow removal of the sanding sheet (12); at least one elastic element (49, 50) that applies a biasing force of biasing the clamping part (43) toward the closed position, in a direction parallel to the sheet placement surface (26); and a holding mechanism (56) that is configured to hold the clamping part (43) in the open position against the biasing force, and the clamping part (43) is allowed to hold the sanding sheet (12) when the holding mechanism (56) is released from holding the clamping part (43) in the open position.
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Johnson Figure 3
Regarding claim 2, Johnson teaches an elongate handle (15), wherein: a direction orthogonal to the sheet placement surface (26) defines an up-down direction of the sander (10), a direction in which the handle (15) extends when viewed from the up-down direction defines a front-rear direction of the sander (10), the at least one clamping mechanism (33) includes: a front clamping mechanism (33, as depicted without a cutout in Figure 3) arranged frontward of a center of the sanding part (14); and a rear clamping mechanism (33, as depicted cutout in Figure 3) arranged rearward of the center of the sanding part (14). The direction in which the handle (15) extends to define the front-rear direction is the minor axis of the handle (15).
Regarding claim 3, Johnson teaches each of the at least one elastic element (49, 50) is an elongate spring (see Figure 3), and the elongate spring (49, 50) extends in a direction parallel to the sheet placement surface (26).
Regarding claim 4, Johnson teaches each of the at least one elastic element (49, 50) is an elongate compression spring (see Figure 3; col 3, ln 61-62).
Regarding claim 5, Johnson teaches the holding mechanism (33) includes a cam part (58) that abuts on the clamping part (43) and presses the clamping part (43) toward the open position by rotating in an opening direction.
Regarding claim 6, Johnson teaches the cam part (58) allows the clamping part (43) to slide to the closed position by rotating in a closing direction opposite to the opening direction, and the holding mechanism (56) includes a stopper (59) that stops rotation of the cam part (58) in the opening direction in a position where a sliding width of the clamping part (43) toward the open position is maximized or starts decreasing after being maximized (col 4, ln 52-57).
Regarding claim 7, Johnson teaches the holding mechanism (33) further includes a lever part (65) that is configured to be manipulated to rotate the cam part (58), and an outer contour of the lever part (65) is located inward of an outer contour of the sheet placement surface (26) in a surface direction when the clamping part (43) is in the closed position (see depictions on left side of Figure 3).
Regarding claim 9, Johnson teaches the sanding part (14) includes at least one housing part (38, 39) that houses the compression spring (49,50), and each of the at least one housing part (38, 39) has a shorter length than a natural length of the compression spring (49, 50) in an extending direction of the compression spring (49, 50).
Regarding claim 10, Johnson teaches the clamping part (43) is configured to cover an upper side of the compression spring (49, 50) housed in the at least one housing part (38, 39).
Regarding claim 11, Johnson teaches the holding mechanism (33) includes: a cam part (58) that abuts on the clamping part (43) and presses the clamping part (43) toward the open position by rotating in an opening direction, and a lever part (65) that is operated to rotate the cam part (58), and an outer contour of the lever part (65) is located inward of an outer contour of the sheet placement surface (260 in a surface direction when the clamping part (43) is in the closed position (see depictions on left side of Figure 3).
Regarding claim 13, Johnson teaches the holding mechanism (33) includes a cam part (58) that abuts on the clamping part (43) and presses the clamping part (43) toward the open position by rotating in an opening direction, the clamping part (43) includes: at least one spring contact part (47, 48) to which the biasing force is applied from the at least one elastic element (49, 50), a cam contact part (40) that abuts on the cam part (58) and transmits a rotational force applied to the cam part (58) to the clamping part (43), and a sheet contact part (45) that holds the sanding sheet (12) between the sheet contact part (44) and the sanding part (14).
Regarding claim 14, Johnson teaches the sheet contact part (44) has an end part (45) that is bent toward a side surface part (see Figure 5, where 45 touches 14) of the sanding part (14), the end part (45) of the sheet contact part (44) is located outward of an outer contour of the sheet placement surface (26) in a surface direction, and in the closed position, presses the side surface part (see Figure 5, where 45 touches 14) by the biasing force and clamps the sanding sheet (12) between the end part (45) of the sheet contact part and the side surface part (see Figure 5, where 45 touches 14).
Regarding claim 15, Johnson teaches a groove (the dip formed in element 23, that connects to element 36) is formed in the side surface part (see Figure 5, where 45 touches 14) and configured to receive the end part (45) of the sheet contact part (44) in the closed position.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 8 and 12 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Johnson US 2477807 A in view of Zurbruegg et al. DE 102011084591 A1.
Regarding claim 8, Johnson teaches a rear clamping mechanism (33, as depicted cutout in Figure 3) arranged rearward of the center of the sanding part, wherein: the holding mechanism further (33) includes a lever part (65) that is operated to rotate the cam part (58), the lever part (65) has a part (upper part of 65) having a height increasing upward in a direction away from a rotational axis of the cam part (58).
Johnson does not teach a suction part, dust collecting nozzle, or related structure.
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Zurbruegg Figure 1
However, in a related device, Zurbruegg teaches a sander (34) a suction part (56) that sucks sanding dust generated from a workpiece by sanding with the sander (34); and a dust collecting nozzle (attachment point of 58) that discharges the sucked sanding dust rearward in the sander (34) It would have been obvious to one skilled in the art, prior to filing date of instant application, to combine the suction part and dust collection nozzle of Zurbruegg with the sandpaper holding mechanism of Johnson (in the same orientation as the sandpaper holding mechanism of Zurbruegg), as each element merely preforms the same function as it does separately and the resulting combination would have predictable results. Additionally, when modifying Johnson to use the suction part and dust collection nozzle of Zurbruegg, this combination would result in the rear clamping mechanism being arranged in a region under the dust collecting nozzle, and it would be obvious to ensure a highest part of the lever part has such a height as to avoid contact with the dust collecting nozzle when the cam part is rotated.
Regarding claim 12, Johnson teaches a rear clamping mechanism (33, as depicted cutout in Figure 3) arranged rearward of the center of the sanding part, wherein: the holding mechanism further (33) a cam part (58) that abuts on the clamping part (43) and presses the clamping part (43) toward the open position by rotating in an opening direction, a lever part (65) that is operated to rotate the cam part (58), the lever part (65) has a part (upper part of 65) having a height increasing upward in a direction away from a rotational axis of the cam part (58).
Johnson does not teach a suction part, dust collecting nozzle, or related structure.
However, in a related device, Zurbruegg teaches a sander (34) a suction part (56) that sucks sanding dust generated from a workpiece by sanding with the sander (34); and a dust collecting nozzle (attachment point of 58) that discharges the sucked sanding dust rearward in the sander (34) It would have been obvious to one skilled in the art, prior to filing date of instant application, to combine the suction part and dust collection nozzle of Zurbruegg with the sandpaper holding mechanism of Johnson (in the same orientation as the sandpaper holding mechanism of Zurbruegg), as each element merely preforms the same function as it does separately and the resulting combination would have predictable results. Additionally, when modifying Johnson to use the suction part and dust collection nozzle of Zurbruegg, this combination would result in the rear clamping mechanism being arranged in a region under the dust collecting nozzle, and it would be obvious to ensure a highest part of the lever part has such a height as to avoid contact with the dust collecting nozzle when the cam part is rotated.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GRANT D HAY whose telephone number is (571)272-9510. The examiner can normally be reached Mon-Fri 8:30am-3:30pm EST.
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/G.D.H./Examiner, Art Unit 3723
/MONICA S CARTER/Supervisory Patent Examiner, Art Unit 3723
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