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 § 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-6 and 10-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Silver et al. (US PG Pub No. 20100267316).
In regards to claim 1, Silver discloses
a modular floor machine (floor grinder 100, fig. 1-8; [0039]) comprising:
a base (portion of the frame 112, see fig. 1- ann. 1; [0039]);
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a rotary adaptor (at least housing plate 121, outer casing 122, and flexible skirt 123; fig. 1-2, 5-6; [0040], [0046]) removably coupled to the base (portion of the frame 112, see fig. 1- ann. 1; [0039]) and defining an interior space (see fig. 5 - ann. 1); and
a rotary attachment (secondary gearing assembly 150, fig. 3-6; [0046]) rotatably coupled to the base (portion of the frame 112, see fig. 1- ann. 1; [0039]) in the interior space (see fig. 5 - ann. 1).
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In regards to claim 2, Silver discloses
the modular floor machine of claim 1, wherein a perimeter of the base (see fig. 1 – ann. 2) abuts an upper surface (see fig. 1 – ann. 2) of the rotary adaptor.
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In regards to claim 3, Silver discloses
the modular floor machine of claim 1, wherein a transmission (drive shaft 119, fig. 3-6; [0039], [0041-0045]) of the base extends through an opening (see fig. 5 - ann. 2) defined in the rotary adaptor.
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In regards to claim 4, Silver discloses
the modular floor machine of claim 1, wherein the rotary attachment (secondary gearing assembly 150, fig. 3-6; [0046]) is coupled to a transmission (drive shaft 119, fig. 3-6; [0039], [0041-0045]) of the base (see fig. 4).
In regards to claim 5, Silver discloses
the modular floor machine of claim 4, wherein a protrusion of the transmission (drive shaft 119, fig. 3-6; [0039], [0041-0045]) engages a groove (see fig. 5 – ann. 3) defined in the rotary attachment.
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In regards to claim 6, Silver discloses
the modular floor machine of claim 4, wherein the transmission (drive shaft 119, fig. 3-6; [0039], [0041-0045]) engages a collar of the rotary attachment (the surrounding structure of the plate 132, as shown in fig. 5).
In regards to claim 10, Silver discloses
the modular floor machine of claim 1, wherein the rotary attachment (secondary gearing assembly 150, fig. 3-6; [0046]) is wider than the base (see fig. 1 – ann. 3).
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In regards to claim 11, Silver discloses
the modular floor machine of claim 1, wherein the rotary adaptor (at least housing plate 121, outer casing 122, and flexible skirt 123; fig. 1-2, 5-6; [0040], [0046]) includes a ring gear (crown gear 154, fig. 3-6; [0045-0050]) and the rotary attachment (secondary gearing assembly 150, fig. 3-6; [0046]) includes a planet gear (secondary gears 152, fig. 3-6; [0045-0050]) enmeshed with the ring gear (crown gear 154, fig. 3-6; [0045-0050]).
In regards to claim 12, Silver discloses
the modular floor machine of claim 11, wherein a bottom surface (surface of gear 144, see fig. 4) is coupled (as the gear is connected to the planetary gear) to the planet gear (secondary gears 152, fig. 3-6; [0045-0050]).
In regards to claim 13, Silver discloses
the modular floor machine of claim 11, wherein
a body (structure (lower plates 132, fig. 3-6; [0041-0042], [0047])) of the rotary adaptor (at least housing plate 121, outer casing 122, and flexible skirt 123; fig. 1-2, 5-6; [0040], [0046]) is coupled to the base (portion of the frame 112, see fig. 1- ann. 1; [0039]) and rotatably supports the planet gear (secondary gears 152, fig. 3-6; [0045-0050]).
In regards to claim 14, Silver discloses
the modular floor machine of claim 11, wherein the body (structure (lower plates 132, fig. 3-6; [0041-0042], [0047]) includes a collar (see fig. 6 – ann. 1) extending from a planet carrier (carrier 131 which includes plates 132, fig. 3-6; [0041-0048]).
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In regards to claim 15, Silver discloses
the modular floor machine of claim 1, wherein a transmission (drive shaft 119, fig. 3-6; [0039], [0041-0045]) of the base extends beyond a perimeter of the base (see fig. 5 – ann. 4).
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In regards to claim 16, Silver discloses
a floor cleaner (floor grinder 100, fig. 1-8; [0001]: processing a surface; [0039]) comprising:
a rotary adaptor (at least housing plate 121, outer casing 122, and flexible skirt 123; fig. 1-2, 5-6; [0040], [0046]) removably coupled to
a base (portion of the frame 112, see fig. 1- ann. 1; [0039]); and
a rotary attachment (secondary gearing assembly 150, fig. 3-6; [0046]) partially covered by the rotary adaptor (at least housing plate 121, outer casing 122, and flexible skirt 123; fig. 1-2, 5-6; [0040], [0046]) and drivably coupled to the base (portion of the frame 112, see fig. 1- ann. 1; [0039]).
In regards to claim 17, Silver discloses
the floor cleaner of claim 16, wherein a ring gear (crown gear 154, fig. 3-6; [0045-0050]) of the rotary adaptor (at least housing plate 121, outer casing 122, and flexible skirt 123; fig. 1-2, 5-6; [0040], [0046]) enmeshes a planet gear (secondary gears 152, fig. 3-6; [0045-0050]) of the rotary attachment (secondary gearing assembly 150, fig. 3-6; [0046]).
In regards to claim 18, Silver discloses
the floor cleaner of claim 16, wherein a transmission (drive shaft 119, fig. 3-6; [0039], [0041-0045]) of the base extends through the rotary adaptor (at least housing plate 121, outer casing 122, and flexible skirt 123; fig. 1-2, 5-6; [0040], [0046]) and couples to the rotary attachment (secondary gearing assembly 150, fig. 3-6; [0046]).
In regards to claim 19, Silver discloses
a floor maintenance device (floor grinder 100, fig. 1-8; [0001]: processing a surface; [0039]) comprising:
a base (portion of the frame 112, see fig. 1- ann. 1; [0039]) having a perimeter and including an electric motor (electric motor 118, fig. 1; [0039]);
a rotary adaptor (at least housing plate 121, outer casing 122, and flexible skirt 123; fig. 1-2, 5-6; [0040], [0046]) defining an interior space (see fig. 5 - ann. 1) and abutting the perimeter; and
a rotary attachment (secondary gearing assembly 150, fig. 3-6; [0046]) drivably coupled to the electric motor (electric motor 118, fig. 1; [0039]) within the interior space (see fig. 5 - ann. 1).
In regards to claim 20, Silver discloses
the floor maintenance device of claim 19, wherein a transmission (drive shaft 119, fig. 3-6; [0039], [0041-0045]) of the base extends through the rotary adaptor (at least housing plate 121, outer casing 122, and flexible skirt 123; fig. 1-2, 5-6; [0040], [0046]) and couples to the rotary attachment (secondary gearing assembly 150, fig. 3-6; [0046]).
Claim Rejections - 35 USC § 103
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 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.
Claim(s) 7-9 are rejected under 35 U.S.C. 103 as being unpatentable over Silver in view of Anderson (US PG Pub No. 20090074511).
In regards to claim 7, Silver discloses
the modular floor machine of claim 1, but fails to explicitly disclose “a lug of the base secures” the rotary attachment (secondary gearing assembly 150, fig. 3-6; [0046]) to the base.
However, Silver does appear to show lugs (understood generally as a lug nut/bolt connection) within its figures, but does not provide a part number or describe the mounting/coupling elements within the specification:
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Anderson, which discloses a planetary floor machine, teaches using connection bolts as a means for connecting parts within the housing and securing the surfacing component:
[0032] .... When bolts 63 are removed housing 20 and gear mounting plate 69 are quickly easily detached and the working mechanism is exposed for ease of repair and maintenance. The ease of maintenance and repair reduces downtime making the planetary grinder 10 more efficient.
Silver and Anderson are analogous to the claimed invention, as they are in the same field of endeavor, planetary floor surfacing machines. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Silver to incorporate the teachings of Anderson and provide bolts and fasteners as “lugs” to functionally drive the provide connection members within the planetary grinder, allotting for easier maintenance and repair, reducing down time (Anderson [0032]).
In regards to claim 8, Silver as modified discloses
the modular floor machine of claim 7, wherein the lug extends through a keyhole opening (hole that receives the lug/bolt structure) defined in the base (see fig. 5).
In regards to claim 9, Silver as modified discloses
the modular floor machine of claim 7, wherein the lug engages the rotary attachment (secondary gearing assembly 150, fig. 3-6; [0046]) via one or more of an interference fit, a friction fit, and a clip (bolt received by the nut creates a “clip” attachment) of the rotary attachment.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JASON KHALIL HAWKINS whose telephone number is (571)272-5446. The examiner can normally be reached M-F; 8-5PM.
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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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/JASON KHALIL HAWKINS/Examiner, Art Unit 3723
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