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 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 1-6 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.
Lines 4-7 of claim 1 state, “a gap of the groove is defined in a third direction intersecting the first and second directions; and rotating the key within the groove about an axis extending in the first direction to increase the gap of the groove.” This limitation is viewed to be vague and indefinite, because it is unclear as to what is meant by “a gap of the groove.” How or in what way does the claimed groove have a gap? Isn’t the groove itself a gap?
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, 2, 5, and 6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Azuma et al. (U.S. Pat. No. 6,030,326 A).
Please note that Azuma et al. was cited by Applicant on the IDS mailed on 9/4/2024.
Claim 1: Azuma et al. discloses a conditioning disk (17+18+31) replacement method, the method comprising inserting a key (41+41'+63) of a detacher in a first direction into a groove (34) located between a holder (13) and an old conditioning disk (17+18+31) that is coupled to a lower surface of the holder (13). Please be advised that the lower surface of the holder (13) is pointed to below in annotated Figure 3B.
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Please be advised that Figure 4 shows the detacher and the key (41+41'+63) thereof. Said key (41+41'+63) comprises a first base plate (41), a second base plate (41'), and a hexagon wrench (63). Noting this, Figure 2 of Azuma et al. shows a direct acting mechanism (50) of the detacher. When the direct acting mechanism (50) is actuated, the detacher (which is shown in solid lines) and its key (41+41'+63) move from right to left in the first direction (from the perspective of Figure 2) so as to insert the key (41+41'+63), specifically the hexagon wrench (63) of said key (41+41'+63), into the groove (34). Insertion into the groove (34) will now be expounded upon.
Figure 3A of Azuma et al. shows the groove (34), which is a threaded opening (34) formed in an auxiliary stopper member (31) of the conditioning disk (17+18+31). Noting this, Examiner again directs attention to Figure 3B of Azuma et al. When the key (41+41'+63) is inserted in the first direction into the groove (34) what happens is that the hexagon wrench (63) of said key (41+41'+63) interfaces with a hexagon hole (16) of the holder (13). This hole (16) is shown in Figure 3B as being concentric with the groove (34) such that the groove (34) surrounds the hexagon hole (16). When the hexagon wrench (63) interfaces with the hexagon hole (16), said hexagon wrench (63) has been inserted into the confines of the surrounding groove (34). Thus, in this way, the key (41+41'+63) via its hexagon wrench (63) has been inserted into the groove (34). Also, as can be seen between Figures 3A-3B, the groove (34) is “located between” the holder (13), e.g. a proximal end thereof, and the old conditioning disk (17+18+31), e.g. a distal end thereof, with respect to a direction extending parallel to the first direction.
Based on the foregoing, when the direct acting mechanism (50) is actuated, the detacher and its key (41+41'+63) move from right to left in the first direction (from the perspective of Figure 2) so as to insert the key (41+41'+63), specifically the hexagon wrench (63) of said key (41+41'+63), into the groove (34) between the holder (13) and the old conditioning disk (17+18+31).
Next, Figure 4 of Azuma et al. has been annotated and provided below. Figure 2 has been annotated to show a total width of the key (41+41'+63) in a second direction, wherein the second direction intersects the first direction. With respect to the total width of the key (41+41'+63) in the second direction, said key (41+41'+63) of Azuma et al. has any number of lengths (e.g. a full length corresponding to a total width of the key (41+41'+63) or even a partial length corresponding to a length smaller than the total width of the key (41+41'+63)) extending between the boundaries of the total width of the key in the second direction. Thus, “the key has a length in a second direction” (as broadly claimed) can be considered to be any selected key length that extends within the boundaries of the total width of the key (41+41'+63) in the second direction. (On a side note, the claimed second direction is also broadly claimed in the sense that the claimed second direction can be coincidental with the claimed first direction, noting that two coincidental lines/axes intersect at all points).
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Next, Figure 3B has been annotated and provided below. In doing so, Examiner has pointed to “a gap” of the groove (34) that is defined in a third direction intersecting the first and second directions.
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The method of Azuma et al. further comprises rotating the key (41+41'+63), specifically the hexagon wrench (63) of said key (41+41'+63), within the groove (34) about an axis extending in the first direction. Again, the hexagon wrench (63) interfaces with the hexagon hole (16), and said hexagon hole (16) is concentric with and surrounded by the groove (34). Thus, when the hexagon wrench (63) of said key (41+41'+63) interfaces with the hexagon hole (16) and is set in rotation, the hexagon wrench (63) rotates within the confines of the surrounding groove (34) about the axis extending in the first direction.
As a result of the rotation of the key (41+41'+63) within the groove (34) about an axis extending in the first direction, the gap of the groove (34) increases to the length of said key (41+41'+63). This will now be explained. When the groove (34) (which again is a threaded opening) is disengaged from a corresponding thread of the holder (13), and the old conditioning disk (17+18+31) is removed from the holder (13) by means of the detacher, the groove (34) will cease interfacing with the thread formed on an outer peripheral of the holder (13). The gap of the groove (34) is increased in the sense that it becomes open/unoccupied and no longer has the holder (13) (and the threads of said holder (13)) disposed in its confines. With the gap becoming open/unoccupied, a length of the gap has increased from the small amount shown on the previous page in annotated Figure 3 to become equal to the open length/diameter of the groove (34). Noting this, it is reiterated that said key (41+41'+63) of Azuma et al. has any number of lengths extending between the boundaries of the total width of the key in the second direction. As such, “the key has a length in a second direction” (as broadly claimed) can be considered to be any selected key length that extends within the boundaries of the total width of the key (41+41'+63) in the second direction. Thus, in the instance when the selected key length is selected to be equal to the length/diameter of the groove (34), rotating the key (41+41'+63) within the groove (34) about the axis extending in the first direction causes increasing the gap of the groove (34) to the (selected) length of the (41+41'+63).
Lastly, rotating the key (41+41'+63) within the groove (34) about the axis extending in the first direction to increase the gap of the groove (34) to the (selected) length of the (41+41'+63) thereby causes (i) an upper surface (on the second base plate (41')) of the key (41+41'+63) to press upward against a lower surface of the holder (13) and causes (ii) a lower surface (on the first base plate (41)) of the key (41+41'+63) to press downward against a portion of an upper surface of the old conditioning disk (17+18+31) to separate said old conditioning disk (17+18+31) from the holder (13). Regarding (i), it is noted that the upper surface (on the second base plate (41')) of the key (41+41'+63) presses upward against a lower surface of the holder (13) via the holder (13). Please note that claim 1 doesn’t require there to be, for example, direct contact between the claimed upper surface of the key and the claimed lower surface of the holder during the “press upward.” Claim 1 also doesn’t require there to be, for example, direct contact between the claimed lower surface of the key and the claimed upper surface of the old conditioning disk during the “press downward.” For Applicant’s reference, the upper and lower surfaces of the key (41+41'+63) have been pointed to below in annotated Figure 4. Also, the lower surface of the holder (13) and the upper surface of the old conditioning disk (17+18+31) have been pointed to below in annotated Figure 3B.
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Claim 2: Figures 2 and 4 show a transporter (43) of the detacher. It is to this transporter (43) that a base plate, e.g. the second base plate (41'), is mounted. Noting this, method comprises, before rotating the key (41+41'+63), moving the transporter (43) to position the base plate, e.g. the second base plate (41') under (at least a portion of) the holder (13). The method further comprises after the old conditioning disk (17+18+31) is separated from the holder (13), dropping said old conditioning disk (17+18+31) onto the base plate, e.g. the second base plate (41').
Claim 5: Figure 4 of Azuma et al. shows the detacher as including a detachment body (42+42') and a rotary part (43) coupled to the detachment body (42+42'). Please be advised that the rotary part (43) is set in rotation by means of a box (44) and a rotation mechanism (45). Additionally/ Alternatively, the rotary part (43) constitutes such because it drives rotation of the hexagon wrench (63) of at least the key (41+41'+63). Noting this, Figure 4 of Azuma et al. shows the rotary part (43) as including the key (41+41'+63) protruding outward from the rotary part (43) in the first direction. Due to being embodied as a gear box, the rotary part (43) is configured to rotate the key (41, 41', 63), specifically the hexagon wrench (63) thereof, about the axis extending in the first direction.
Claim 6: As can be seen below, the key (41, 41', 63) has variable thickness that decreases in the second direction. Note, for example, how the hexagon wrench (63) is thicker in the middle thereof in the second direction as compared to upper or lower portions of said wrench (63).
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Response to Arguments
Applicant’s arguments with respect to claim 1 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Allowable Subject Matter
Claims 3 and 4 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Watanabe (Japan Publication No. JP 2018062036 A) shows between Figures 7A-10C a holder (42) and an old conditioning disk (41), wherein a removal base (46) having opposing keys (46c1, 46c2) each engage a respective groove (42b, 42b) for removal of the disk (41) from the holder (42).
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Michael Vitale whose telephone number is (571)270-5098. The examiner can normally be reached Monday - Friday 8:30 AM- 6:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sunil K Singh can be reached at (571) 272-4502. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MICHAEL VITALE/Examiner, Art Unit 3722
/SUNIL K SINGH/Supervisory Patent Examiner, Art Unit 3722