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 Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “indicator for indicating” in claims 1 and 19 and its subsequent references in dependent claims 9 and 10.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 9-10 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.
Claim 9 cites the limitation “and an indicator on the other one of…” which is unclear, as this indicator is meant to be a part of the previously claimed indicator. It seems the previously claimed indicator is meant to be referring to the pointer and scale discussed in the specification, and the indicator in the cited limitation is meant to refer to the pointer, and the claim will be interpreted as such for the purposes of examination.
Claim 10 is rejected for its dependence on claim 9.
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.
Claim(s) 1-11, 16, 17, 19 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Schwaiger (US 20070218819 A1) and Persson (US 20150165582 A1)
Regarding Claim 1, Schwaiger discloses A grinding angle setting device (500) for cooperative use with a grinding machine (10), the grinding machine comprising a grinder (grinding wheel 42) and support (68) for supporting a grinding jig (300) holding a blade to be grinded (See work piece Fig. 18), wherein the grinding angle setting device comprises:
a first surface (534) that is configured to be brought in contact with the blade to be grinded (this surface is meant to be in contact with the tool to be grinded to indicate the angle See Fig. 19),
a second surface (510) that is configured to be brought in contact with the grinder (See Fig. 19), and
an indicator (538, 558, 532 interpreted under 112(f) to be a pointer and scale or equivalents thereof) for indicating the grinding angle that corresponds to a current grinding angle in relation to the grinder when the first surface is brought in contact with the blade to be grinded and the second surface is brought in contact with the grinder (See Para [0136] “In order to determine the angle of an implement 502 such as a tool, jig or support, relative to the grinding stone, the angle gauge 500 is placed on the grinding stone 42 so that the periphery 510 of the body 504 rests on the grinding stone 42 and the left or inner corner 566 of the flat end 534 of the indicator 530 also rests on the outer rim 132 of the grinding stone 42. The flat end 534 of the indicator 530 is placed flush against the implement 502 at the angle grinding is to take place. In this position, as shown in FIG. 19, the pointed end 532 of the indicator 530 points to the indicated angle on the array of indicia 558. The angle on the indicia actually represents the angle of the tool 502 relative to the tangent on the outer rim 132 of the grinding stone 42 where the indicator 530 touches the outer rim 132. In order to place an implement 502 at a desired angle, the indicator 530 is first rotated to point to the desired angle and secured before the implement 502 is placed flush against the flat end 534 of the indicator 530.”).
And suggests the support configured to be being adjustable in relation to the grinder to set a grinding angle (See Para [0116] “This permits the tool 308 to be positioned at multiple angles relative to the grinding stone 42 or to be rotated during grinding to create a curved cutting edge with a rotational axis parallel to the axis of rotation A of the grinding stone 42.”, additionally see Para [0061] “The support bars 68 are mounted on the top panel 22 of the housing 12 by using collars 70 and threaded fasteners 72 with gnarled knobs 74. In a preferred form, the support bars 68 are made of iron or other hard metals that can withstand the pressure placed on the bars 68 when accessories are used therewith to sharpen tools via sharpener 10.” Discussing the support bars being mounted in collars 70 and held in place with 72, suggesting that the bars can be adjusted along the axis of the collars before being fixed in place by tightening the fastener).
But it does not explicitly disclose:
a first surface that is configured to be brought in contact with the support,
an indicator for indicating the grinding angle that corresponds to a current position of the support in relation to the grinder when the first surface is brought in contact with the support means and the second surface is brought in contact with the grinder.
Persson discloses a similar grinding and grinding angle setting device, including the support configured to be being adjustable in relation to the grinder to set a grinding angle (See Para [0037] “Referring to FIG. 2, a grinding machine 10 with a grindstone 11, rotatable around its axis (i.e., its rotational axis) by an electric motor in the grinding machine 10, is provided with a support, preferably in the form of a generally cylindrical rod 12, called a universal support. The rod 12 is generally parallel with the axis of the grindstone 11, and its position in relation to the grindstone 11 may be adjusted after loosening adjustment knobs 13 in a bracket 14 on the machine.” discussing the adjustable support bars, and See Para [0034] “With continued reference to FIG. 1, the main portion of the knife jig is a jig arm, e.g. an elongated jig arm 1. This arm 1 is towards one of its ends (to the right end in FIG. 1) provided with a through hole 2, by which the arm 1 may be mounted on a universal support 12 to be described. A separate knob 3 with a threaded pin is received in a threaded bore at the hole 2, so that the arm 1 may be fastened to the universal support 12 in any desired position. In other words, the separate knob 3 with the threaded pin is located at a position near the hole 2. The hole 2 and the knob 3 together form attachment means for fixed attachment of the jig arm 1 to the support 12. Towards its other end, the arm 1 is provided with a holding means in the form of a preferably integral, resilient clamp 1' for holding a knife in the jig as described below.” Discussing how the angle setting device is attached to the support).
a first surface (2) that is configured to be brought in contact with the support (See Fig. 1 and 2),
an indicator (4) for indicating the grinding angle that corresponds to a current position of the support in relation to the grinder when the first surface is brought in contact with the support means (See Fig. 4) and the second surface is brought in contact with the grinder (See 1’ in contact with the grinding wheel 11).
It would be obvious to one of ordinary skill in the art before the effective filling date of the invention to modify the support to be adjustable in relation to the grinder to set a grinding angle, and to modify the angle setting device and jig to be a single piece such that
a first surface (312) that is configured to be brought in contact with the support (68),
an indicator for indicating the grinding angle that corresponds to a current position of the support in relation to the grinder when the first surface (312) is brought in contact with the support means (68) and the second surface (510) is brought in contact with the grinder (42) in order reliably be able to select a grinding angle for sharpening a blade as advantageously suggested in Para [0021] of Persson “In order to obtain a desired edge angle at the knife sharpening and a correct position of the jig arm in relation to the grindstone (irrespective of its wear) a template is pivotally attached to the projection and has a pointer towards the scale, means being provided for locking the template to the projection; the template is also provided with two reference pins perpendicular thereto. These two reference pins are to be put in contact with the perimeter of the grindstone for establishing a correct position of the jig arm.”
Regarding Claim 2, Schwaiger as modified discloses all the limitations of claim 1 and in addition discloses comprising a first part (530) on which the first surface is positioned (312 as modified in claim 1 above, angle setting device 500 is mounted to jig 300, resulting in the first part comprising 530, 304) and a second part (504 and 302) on which the second surface is positioned (510, 500 as modified in claim 1 is mounted to the jig 300), wherein the first and second parts are pivotally connected to one another around a pivot axis (See Exploded view in Fig. 20 530 rotates/pivots about axis R, and See Fig. 14 showing 304 pivotable about axis C (further see arrows D in Fig. 14).
Regarding Claim 3, Schwaiger as modified discloses all the limitations of claim 2 and in addition discloses wherein the first and second parts are pivotally connected to one another by a hinge joint (About rotation Axis R, See Fig. 20) comprising a bearing pin (536) that is rotatably journalled in a bushing (540).
Regarding Claim 4, Schwaiger as modified discloses all the limitations of claim 3 but does not explicitly disclose wherein the first part comprises the bushing and the second part comprises the bearing pin.
However, it would be obvious to one of ordinary skill in the art before the effective filling date of the invention to reverse the placement of the bearing pin and bushing such that herein the first part comprises the bushing and the second part comprises the bearing pin, as it has been held that a reversed arrangement would be an obvious modification (See MPEP 2144.04 (VI) (A)).
Regarding Claim 5, Schwaiger as modified discloses all the limitations of claim 1 and in addition discloses comprising a blade receiving surface (304) configured to receive the blade (See workpiece 308 in Fig. 17) when held by the grinding jig (300),
But does not explicitly disclose the blade receiving surface comprising an angle.
However, Persson discloses a similar blade receiving surface (1 and 1’) comprising an angle (Small acute internal or large obtuse external angle between 1 and 1’).
It would be obvious to one of ordinary skill in the art before the effective filling date of the invention to modify the blade receiving surface to comprise and angle in order to more steadily and resiliently hold the workpiece in place during operation as advantageously described in Para [0030] of Persson.
Regarding Claim 6, Schwaiger as modified discloses all the limitations of claim 5 and in addition discloses Wherein the blade receiving surface comprises a length to stably support the blade (Top surface of 304, see Fig. 15), but does not explicitly disclose
the length of the blade receiving surface being at least 25 mm.
However, one of ordinary skill in the art before the effective filling date of the invention to modify the blade receiving surface such that it has a length of at least 25 mm as it has been held that “where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device.” In this case, one of ordinary skill in the art would find it obvious to modify the length of blade receiving surface to be able to appropriately support an intended workpiece.
Regarding Claim 7, Schwaiger as modified discloses all the limitations of claim 5 and in addition discloses wherein the blade receiving surface (304) coincides with a pivot axis (See Para [0115] “The camber jig 300 has a base 302 rotatably mounted on one of the horizontal support bars 68 of the tool sharpener 10. As shown in FIG. 14, a pivoting member 304 is pivotally mounted on the base 302 so that it can at least rock in a seesaw motion (as shown by Arrows `D`) above the base 302. A securing mechanism 305, such as a clamping plate 306 as one example, is mounted on the pivoting member 304 to clamp the tool 308 between the clamping plate 306 and the pivoting member 304.”).
Regarding Claim 8, Schwaiger as modified discloses all the limitations of claim 3 but does not explicitly disclose wherein the bearing pin comprises the blade receiving surface.
However, Schwaiger does disclose a blade receiving surface (304) with a bearing pin (320, See Para [0118] “It will be appreciated that the fulcrum can have any shape that permits the pivoting member 304 to rock in at least seesaw fashion about axis `C`. Thus, the fulcrum 320 could be shortened and/or rounded to permit a pivoting member to rock back and forth perpendicular to axis `C` or in any number of other directions in addition to the direction of the current seesaw motion. In addition, while fulcrum 320 is shown to be integrally formed with the pivoting member 304, many other configurations will work just as well such as the fulcrum being separate to all other parts or integral to the base 302 instead.”).
It would be obvious to one of ordinary skill in the art before the effective filling date of the invention to modify Schwaiger such that the bearing pin comprises or is otherwise integral with the blade receiving surface as doing so would allow the pivoting of the blade receiving surface relative to the indicator of the grinding angle setting device, allowing for a user to easily adjust the grinding angle before and during operation as appropriate for the given workpiece.
Regarding Claim 9, Schwaiger as modified discloses all the limitations of claim 2 and in addition discloses wherein the indicator comprises a scale (558, 564) on the first or second part (504) and an indicator (532) on the other one of the first or second part (530).
Regarding Claim 10, Schwaiger as modified discloses all the limitations of claim 9 and in addition discloses wherein the indicator is located closer to the first surface than to the second surface (See Fig. 19, the pointer 532 is located closer to the first end 534 than the second surface 510).
Regarding Claim 11, Schwaiger as modified discloses all the limitations of claim 2 and in addition discloses wherein the grinding angle setting device is configured such that a distance between the first surface and the second surface is adjustable (As modified in claim 1, 500 is mounted on the Jig 300, such that 530 and 304 form the first part, as the angle of 304 is adjusted, it will move relative to the stationary 510 which is contacting the grinding wheel).
Regarding Claim 16, Schwaiger as modified in view of Persson in claim 1 above discloses A grinding system, comprising:
a grinding jig (300) for holding a blade to be grinded (See Para [0114] “Referring now to FIGS. 14-18, a camber jig 300 is provided to hold tools such as a flat hand plane iron 308 (shown in FIGS. 17-18) in order to form a cambered or curved cutting edge 310 disposed on the underside 307 of the tool 308 where the axis of rotation of the curved surface 310 is non-parallel, and in one example perpendicular, to the axis of rotation A of the grinding wheel 42.”),
a grinding machine (10) comprising the grinder (132) and the support (68) for supporting the grinding jig (See Fig. 17 showing the jig mounted on the support bars),
the grinding angle setting device of claim 1 (See rejection of claim 1 above).
And suggests the support configured to be being adjustable in relation to the grinder to set a grinding angle (See Para [0116] “This permits the tool 308 to be positioned at multiple angles relative to the grinding stone 42 or to be rotated during grinding to create a curved cutting edge with a rotational axis parallel to the axis of rotation A of the grinding stone 42.”, additionally see Para [0061] “The support bars 68 are mounted on the top panel 22 of the housing 12 by using collars 70 and threaded fasteners 72 with gnarled knobs 74. In a preferred form, the support bars 68 are made of iron or other hard metals that can withstand the pressure placed on the bars 68 when accessories are used therewith to sharpen tools via sharpener 10.” Discussing the support bars being mounted in collars 70 and held in place with 72, suggesting that the bars can be adjusted along the axis of the collars before being fixed in place by tightening the fastener).
Persson discloses a similar grinding and grinding angle setting device, including the support configured to be being adjustable in relation to the grinder to set a grinding angle (See Para [0037] “Referring to FIG. 2, a grinding machine 10 with a grindstone 11, rotatable around its axis (i.e., its rotational axis) by an electric motor in the grinding machine 10, is provided with a support, preferably in the form of a generally cylindrical rod 12, called a universal support. The rod 12 is generally parallel with the axis of the grindstone 11, and its position in relation to the grindstone 11 may be adjusted after loosening adjustment knobs 13 in a bracket 14 on the machine.” discussing the adjustable support bars, and See Para [0034] “With continued reference to FIG. 1, the main portion of the knife jig is a jig arm, e.g. an elongated jig arm 1. This arm 1 is towards one of its ends (to the right end in FIG. 1) provided with a through hole 2, by which the arm 1 may be mounted on a universal support 12 to be described. A separate knob 3 with a threaded pin is received in a threaded bore at the hole 2, so that the arm 1 may be fastened to the universal support 12 in any desired position. In other words, the separate knob 3 with the threaded pin is located at a position near the hole 2. The hole 2 and the knob 3 together form attachment means for fixed attachment of the jig arm 1 to the support 12. Towards its other end, the arm 1 is provided with a holding means in the form of a preferably integral, resilient clamp 1' for holding a knife in the jig as described below.” Discussing how the angle setting device is attached to the support).
It would be obvious to one of ordinary skill in the art before the effective filling date of the invention to modify the support bars of Schwaiger to be adjustable in order reliably be able to select a grinding angle for sharpening a blade as advantageously suggested in Para [0039] of Persson “A second step is schematically illustrated in FIG. 2. The arm 1 is placed with its hole 2 on the support rod 12 at the side of the grindstone 11. The position of the rod 12 in relation to the grindstone 11 is adjusted, such that both reference pins 8 are in contact with the grindstone 11. The adjustment knobs 13 are tightened. This adjustment has the purpose of placing the arm 1 in a correct (or, accurate) position in relation to the grindstone, irrespective of the diameter of the latter.”
Regarding Claim 17, Schwaiger as modified discloses all the limitations of claim 16 and suggests but does not explicitly disclose wherein the grinding machine comprises a linear adjuster for straight, linear adjustment of the support means in relation to the grinder (See Para [0061] “The support bars 68 are mounted on the top panel 22 of the housing 12 by using collars 70 and threaded fasteners 72 with gnarled knobs 74. In a preferred form, the support bars 68 are made of iron or other hard metals that can withstand the pressure placed on the bars 68 when accessories are used therewith to sharpen tools via sharpener 10.” Discussing how the bar 68 is mounted, and in view of Fig. 1 indicates that depth to which the bars are inserted into the collars 70 is variable).
However Persson discloses a similar grinding system wherein the grinding machine comprises a linear adjuster for straight, linear adjustment of the support means in relation to the grinder (See Para [0037] “The rod 12 is generally parallel with the axis of the grindstone 11, and its position in relation to the grindstone 11 may be adjusted after loosening adjustment knobs 13 in a bracket 14 on the machine.”).
It would be obvious to one of ordinary skill in the art before the effective filling date of the invention to modify the support bars and collars to be adjustable as doing so would allow for the support and jig to be easily adjusted by an operator to accommodate for different sized workpieces.
Regarding Claim 19 Schwaiger as modified in claim 1 above discloses A method of setting a grinding angle for grinding a blade held by a grinding jig (300) using a grinding machine (10) having a grinder (42) and a support (68) for supporting the grinding jig (See Fig. 17), and using the grinding angle setting device of claim 1 (See above rejection of Claim 1), the method comprising:
fastening the blade in the grinding jig (See Para [0114] “Referring now to FIGS. 14-18, a camber jig 300 is provided to hold tools such as a flat hand plane iron 308 (shown in FIGS. 17-18) in order to form a cambered or curved cutting edge 310 disposed on the underside 307 of the tool 308 where the axis of rotation of the curved surface 310 is non-parallel, and in one example perpendicular, to the axis of rotation A of the grinding wheel 42.”),
bringing the first surface (312 as modified in the rejection of claim 1) of the grinding angle setting device in contact with the support and the second surface of the grinding angle setting device in contact with the grinder (See Para [0136] “In order to determine the angle of an implement 502 such as a tool, jig or support, relative to the grinding stone, the angle gauge 500 is placed on the grinding stone 42 so that the periphery 510 of the body 504 rests on the grinding stone 42 and the left or inner corner 566 of the flat end 534 of the indicator 530 also rests on the outer rim 132 of the grinding stone 42.”),
aligning the second surface of the grinding angle setting device with the grinder (See Para [0136] “In order to determine the angle of an implement 502 such as a tool, jig or support, relative to the grinding stone, the angle gauge 500 is placed on the grinding stone 42 so that the periphery 510 of the body 504 rests on the grinding stone 42”),
obtaining a current grinding angle from the indicator of the grinding angle setting device (See Para [0136] “The flat end 534 of the indicator 530 is placed flush against the implement 502 at the angle grinding is to take place. In this position, as shown in FIG. 19, the pointed end 532 of the indicator 530 points to the indicated angle on the array of indicia 558. The angle on the indicia actually represents the angle of the tool 502 relative to the tangent on the outer rim 132 of the grinding stone 42 where the indicator 530 touches the outer rim 132. In order to place an implement 502 at a desired angle, the indicator 530 is first rotated to point to the desired angle and secured before the implement 502 is placed flush against the flat end 534 of the indicator 530.”), and
And suggests but does not explicitly disclose And suggests the support configured to be being adjustable in relation to the grinder to set a grinding angle (See Para [0116] “This permits the tool 308 to be positioned at multiple angles relative to the grinding stone 42 or to be rotated during grinding to create a curved cutting edge with a rotational axis parallel to the axis of rotation A of the grinding stone 42.”, additionally see Para [0061] “The support bars 68 are mounted on the top panel 22 of the housing 12 by using collars 70 and threaded fasteners 72 with gnarled knobs 74. In a preferred form, the support bars 68 are made of iron or other hard metals that can withstand the pressure placed on the bars 68 when accessories are used therewith to sharpen tools via sharpener 10.” Discussing the support bars being mounted in collars 70 and held in place with 72, suggesting that the bars can be adjusted along the axis of the collars before being fixed in place by tightening the fastener).
adjusting the support in relation to the grinder if the current grinding angle deviates from a desired grinding angle (See Para [0136] cited above).
Persson discloses a similar grinding and grinding angle setting device, including the support configured to be being adjustable in relation to the grinder to set a grinding angle (See Para [0037] “Referring to FIG. 2, a grinding machine 10 with a grindstone 11, rotatable around its axis (i.e., its rotational axis) by an electric motor in the grinding machine 10, is provided with a support, preferably in the form of a generally cylindrical rod 12, called a universal support. The rod 12 is generally parallel with the axis of the grindstone 11, and its position in relation to the grindstone 11 may be adjusted after loosening adjustment knobs 13 in a bracket 14 on the machine.” discussing the adjustable support bars, and See Para [0034] “With continued reference to FIG. 1, the main portion of the knife jig is a jig arm, e.g. an elongated jig arm 1. This arm 1 is towards one of its ends (to the right end in FIG. 1) provided with a through hole 2, by which the arm 1 may be mounted on a universal support 12 to be described. A separate knob 3 with a threaded pin is received in a threaded bore at the hole 2, so that the arm 1 may be fastened to the universal support 12 in any desired position. In other words, the separate knob 3 with the threaded pin is located at a position near the hole 2. The hole 2 and the knob 3 together form attachment means for fixed attachment of the jig arm 1 to the support 12. Towards its other end, the arm 1 is provided with a holding means in the form of a preferably integral, resilient clamp 1' for holding a knife in the jig as described below.” Discussing how the angle setting device is attached to the support).
It would be obvious to one of ordinary skill in the art before the effective filling date of the invention to modify the support bars of Schwaiger to be adjustable and to include the step of adjusting the support in relation to the grinder if the current grinding angle deviates from a desired grinding angle in order reliably be able to select a grinding angle for sharpening a blade as advantageously suggested in Para [0039] of Persson “A second step is schematically illustrated in FIG. 2. The arm 1 is placed with its hole 2 on the support rod 12 at the side of the grindstone 11. The position of the rod 12 in relation to the grindstone 11 is adjusted, such that both reference pins 8 are in contact with the grindstone 11. The adjustment knobs 13 are tightened. This adjustment has the purpose of placing the arm 1 in a correct (or, accurate) position in relation to the grindstone, irrespective of the diameter of the latter.”
Regarding Claim 20, Schwaiger as modified discloses all the limitations of claim 19 and in addition discloses further comprising adjusting a distance between the first surface and the second surface of the grinding angle setting device to the grinding jig and the blade held by the grinding jig (See above citation of Para [0136] discussing setting the grinding angle, adjusting the angle changes the location of the surface 534 in relation to the surface 510).
Claim(s) 12-13 are rejected under 35 U.S.C. 103 as being unpatentable over Schwaiger (US 20070218819 A1) and Persson (US 20150165582 A1) as modified in claim 11 and in further view of Schwaiger2 (US 20150011143 A1).
Regarding Claim 12, Schwaiger as modified discloses all the limitations of claim 11 but does not explicitly disclose wherein the grinding angle setting device is configured such that a length of the first part is adjustable.
However, Schwaiger2 discloses a similar grinding angle setting tool that is configured such that a length between the tool receiving surface (24) and the support (location of bolt 26 in Fig. 1) is adjustable (See Para [0017] “The tool rests 24 are adjustable to move inward or outward relative to the axis of each grinding wheel 16 by loosening the bolts 26 to permit the L-shaped bracket 28 to slide to the desired position.” Which is consistent with way the length of the first part in the applicant’s disclosure is adjusted (114 is a part of the first surface, and is slidable relative to the first part, where lock screw 115 locks it into a given position.) ).
It would be obvious to one of ordinary skill in the art before the effective filling date of the invention to modify the grinding angle setting device wherein the grinding angle setting device is configured such that a length of the first part is adjustable as doing so would allow for a larger variety of workpieces and angles to be worked on as the size of the area to receive a work piece can be easily adjusted..
Regarding Claim 13, Schwaiger as modified discloses all the limitations of claim 12 and in addition discloses wherein the first part comprises an extendable arm on which the first surface is positioned (As modified in claim 12, Schwaiger2 discloses a sliding arm 52 and 54, wherein the distance the arm extends is based on how it is fastened, See Para [0031] “When mounted on a bench grinder, for example, the bolts 58 are more likely to be positioned along the slot 86 so that the bracket 52 may be adjusted to different positions relative to the axis of the grinding wheel.”) .
Claim(s) 14 is rejected under 35 U.S.C. 103 as being unpatentable over Schwaiger (US 20070218819 A1) and Persson (US 20150165582 A1) as modified in claim 1 and in further view of Persson2 (US 20130295825 A1) and Lin (US 20020197943 A1).
Regarding Claim 14, Schwaiger as modified discloses all the limitations of claim 1 and in addition discloses wherein the first surface (534/312 as modified in claim 1 above) is shaped to at least partially surround the support means (68) such that the grinding angle setting device is may be suspended on the support means (As modified in claim 1, See Fig. 1 and 2 of Persson showing a similar jig and angle setting device is suspended on the support 12),
But it does not explicitly disclose the first surface being U-shaped.
However, Persson2 discloses a similar grinding system wherein a grinding Jig (1), is mounted on a support bar (18) via engaging with a stop (15) by placing the jig on the support bar (See Fig. 4 and Para [0028] “The grinding machine 16 is provided with a rod-shaped universal support 18, on which the handle 14 of the knife jig 1 is to rest with its stop 15 engaging the universal support 18.”).
And Lin discloses a grinding angle setting device wherein a U-shaped surface (36), is seated on a seat (22), to support a tool receiving surface (30, See Fig. 2 and 3 showing 36 seated atop 22).
It would be obvious to one of ordinary skill in the art before the effective filling date of the invention to modify the first surface of Schwaiger as modified to be U-shaped, as doing so would allow for easy mounting and dismounting of the device on the support bars, as the support bars would not need to be slid through the ring shaped first support and because it has been held that changes in shape are a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular claimed configuration is significant (See MPEP 2144.004 IV B). In this case, one of ordinary skill in the art would not find a significant difference between placing a bar with a stop (as shown in Persson2) on a support bar compared to using a U-shaped surface to mount onto the support bar.
Claim(s) 15 is rejected under 35 U.S.C. 103 as being unpatentable over Schwaiger (US 20070218819 A1) and Persson (US 20150165582 A1) as modified in claim 1 and in further view of Fredin (US 2468395 A).
Regarding Claim 15, Schwaiger as modified discloses all the limitations of claim 1 but does not explicitly disclose wherein the second surface is configured to be aligned with the grinder by the second surface comprising two contact points that are separated along a circumference of the grinder.
Fredin discloses a similar grinding angle setting device wherein the second surface is configured to be aligned with the grinder by the second surface comprising two contact points that are separated along a circumference of the grinder (See Fig. 1 showing an analogous second surface 5 comprising two contact points 5a and 5b separated along a circumference of the grinder C).
It would be obvious to one of ordinary skill in the art before the effective filling date of the invention to modify the second surface such that it comprises two contact points that are separated along a circumference of the grinder as Fredin discloses that doing so is an equivalent method for setting a grinding angle for a grinding wheel, See Col 1 Line 31-50 of Fredin.
Claim(s) 18 is rejected under 35 U.S.C. 103 as being unpatentable over Schwaiger (US 20070218819 A1) and Persson (US 20150165582 A1) as modified in claim 1 and in further view of Persson3 (EP 3722047 A1)
Regarding Claim 18, Schwaiger as modified discloses all the limitations of claim 16 and in addition discloses wherein the grinding jig comprises:
a first and a second clamp portion (302 and 304 respectively) that are movable with respect to one another to clamp the blade (See Para [0121] “Thus, pressing alternatively on the knobs alternatively lowers the ends 342, 344 of the pivoting member 304 towards the base 302.”), and
an elongate support portion (312 and 314) configured to support the grinding jig onto the support of the grinding machine (See Para [0116] “As shown in FIG. 15, two mounting collars 312, 314 extend downward from the base 302 and are aligned linearly to receive the support 68 (shown in FIG. 17). In one alternative, each mounting collar 312, 314 has a rotating, hard plastic, mounting ring 316, 318 that is used to provide a snug fit on the support 68 and provides smooth rotation around the support 68 and its longitudinal axis `B` on FIG. 17.”),
But does not explicitly disclose the elongate support portion comprising a first support leg carrying the first clamp portion and a second support leg carrying the second clamp portion,
wherein the elongate support portion extends along a longitudinal center axis of the grinding jig and comprises a radial abutment surface for abutment against the support of the grinding machine, and
the first and second support legs of the support portion are fixed to one another at the radial abutment surface.
However, Persson3 discloses a first and a second clamp portion (110 and 120 respectively) that are movable with respect to one another to clamp the blade (See Para [0023] “The grinding jig 100 may further comprises an actuator 130 which is arranged to releasably force the first and the second grinding jig half 101, 102 towards each other. The clamping halves 110, 120 of the respective first and second grinding jig half may thereby be brought together with sufficient force to securely hold a portion of blade tool.”), and
an elongate support portion (160) configured to support the grinding jig onto the support of the grinding machine the elongate support portion comprising a first support leg (161) carrying the first clamp portion and a second support leg (162) carrying the second clamp portion (See Fig. 3),
wherein the elongate support portion extends along a longitudinal center axis of the grinding jig and comprises a radial abutment surface (180) for abutment against the support of the grinding machine (See Fig. 2a showing the abutment against support 68), and
the first and second support legs of the support portion are fixed to one another at the radial abutment surface (See separated view in Fig. 3).
It would be obvious to one of ordinary skill in the art before the effective filling date of the invention to replace the clamping jig of Schwaiger with the one disclosed by Persson as both are known tools for clamping and holding devices during a grinding operation in the art and would be a matter of simple substitution.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Tyler James McFarland whose telephone number is (571)272-7270. The examiner can normally be reached M-F 7:30AM-5PM (E.S.T), Flex First Friday.
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/T.J.M./Examiner, Art Unit 3723
/DAVID S POSIGIAN/Supervisory Patent Examiner, Art Unit 3723
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