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(b)
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.
Claim 3 is 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 claim 3, the claimed “to rotate relative to the mount in all directions” is indefinite as “all” is a relative term. For example, a ball and socket joint may operate in all the directions that a ball joint operates, but won’t operate where the stem of the ball interferes with the socket. So it would both rotate relative to the mount in all the directions that it can operate, but not all of the directions in terms of every single direction. For the purpose of examination, the examine will consider this to be “to rotate relative to the mount in a plurality of directions.”
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.
Claim(s) 1, 6, and 12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ebina (US-2020/0282511).
Regarding claim 1 (Original), Ebina (US-2020/0282511) discloses a workrest for a centreless grinding machine, the workrest comprising:
a mount (base 10) for mounting on a grinding machine (“A first embodiment of the present invention will be described with reference to FIGS. 1 to 3. In the present embodiment, a processing device 3 is for performing a grinding process on an outer circumferential surface of a workpiece 1a and includes a rotary drive device 4, a grindstone 5 as a tool, and a workpiece supporting device 6. The workpiece 1a is, for example, a metal ring-shaped member such as a track ring (an inner ring and an outer ring) that constitutes a radial rolling bearing incorporated in a vehicle or any of various mechanical devices.”) [Ebina; paragraph 0034]; and
a shoe holder (holder 15) for carrying a shoe (shoe 11) to be engaged with an outer circumferential surface of a workpiece (1a) during grinding (“The shoes 11 are disposed such that each tip surface 13 thereof is in sliding contact with the outer circumferential surface of the workpiece 1a.”) [Ebina; paragraph 0038],
wherein the shoe holder (holder 15) is able to rotate relative to the mount (base 10) about at least two non-parallel rotational axes (rotates in x1 and x2 directions) (“That is, the leaf spring 14 is cantilevered to the base stand 10 while disposed in a direction in which a deflection rigidity thereof in the circumferential direction (specifically, the X1 direction in FIG. 1, which is a circumferential direction of a portion of the outer circumferential surface of the workpiece 1a with which the tip end surface 13 of the shoe 11 is in sliding contact) of the workpiece 1a is the highest and the deflection rigidity in the axial direction (specifically, the X2 direction in FIGS. 2 and 3, which is a width direction of the portion of the outer circumferential surface of the workpiece 1a with which the tip end surface 13 of the shoe 11 is in sliding contact) of the workpiece 1a is the lowest.”) [Ebina; paragraph 0041].
Regarding claim 6 (Currently Amended), Ebina discloses the workrest of any preceding claim 1, wherein the shoe holder (15) is held against the mount (base 10) by a biasing force (of leaf spring 14) which is adjustable (due to rigidity and biasing from displacement) (“That is, the leaf spring 14 is cantilevered to the base stand 10 while disposed in a direction in which a deflection rigidity thereof in the circumferential direction (specifically, the X1 direction in FIG. 1, which is a circumferential direction of a portion of the outer circumferential surface of the workpiece 1a with which the tip end surface 13 of the shoe 11 is in sliding contact) of the workpiece 1a is the highest and the deflection rigidity in the axial direction (specifically, the X2 direction in FIGS. 2 and 3, which is a width direction of the portion of the outer circumferential surface of the workpiece 1a with which the tip end surface 13 of the shoe 11 is in sliding contact) of the workpiece 1a is the lowest.”) [Ebina; paragraph 0041].
Regarding claim 12 (Currently Amended), Ebina discloses a grinding machine including the workrest of claim 1 [Ebina; Abstract].
Claim(s) 1-4 and 6-12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kim (KR20100048151A).
Regarding claim 1 (Original), Kim (KR20100048151A) discloses a workrest for a centreless grinding machine, the workrest comprising:
a mount (member 50) for mounting on a grinding machine [Kim; Abstract]; and
a shoe holder (tool 80) for carrying a shoe to be engaged with an outer circumferential surface of a workpiece (cam shaft 1) during grinding (“The deburring tool 80 is formed as a block of a tool steel material having high strength as a heat treatment as shown in FIG. 4, and has a V-shaped deburring groove 81 in contact with an edge of the cam 3.”) [Kim Translation; page 7, 5th to last paragraph],
wherein the shoe holder (tool 80) is able to rotate relative to the mount about at least two non-parallel rotational axes (“Meanwhile, as shown in FIG. 2, the deburring tool 80 is rotatably connected to the mounting portion 65 of the movable rod 60 in the front, rear, and left and right directions through the ball joint 90.”) [Kim Translation; page 7, 3rd to last paragraph].
Regarding claim 2 (Currently Amended), Kim discloses the workrest of claim 1, wherein the shoe holder (tool 80) is able to rotate relative to the mount about three mutually perpendicular rotational axes (“Meanwhile, as shown in FIG. 2, the deburring tool 80 is rotatably connected to the mounting portion 65 of the movable rod 60 in the front, rear, and left and right directions through the ball joint 90.”) [Kim Translation; page 7, 3rd to last paragraph].
Regarding claim 3 (Currently Amended), Kim discloses the workrest of claim 2, wherein the shoe holder (tool 80) is able to rotate relative to the mount in all directions (“Meanwhile, as shown in FIG. 2, the deburring tool 80 is rotatably connected to the mounting portion 65 of the movable rod 60 in the front, rear, and left and right directions through the ball joint 90.”) [Kim Translation; page 7, 3rd to last paragraph].
Regarding claim 4 (Currently Amended), Kim discloses the workrest of claim 1, wherein the shoe holder (tool 80) has a convex engagement surface (ball component of ball joint 90) which defines part of the surface of a sphere (ball), and the mount (member 50) has a complementary concave engagement surface (socket for ball) (Fig. 5c) (“Meanwhile, as shown in FIG. 2, the deburring tool 80 is rotatably connected to the mounting portion 65 of the movable rod 60 in the front, rear, and left and right directions through the ball joint 90.”) [Kim Translation; page 7, 3rd to last paragraph].
Regarding claim 6 (Currently Amended), Kim discloses the workrest of claim 1, wherein the shoe holder (tool 80) is held against the mount (member 50) by a biasing force which is adjustable (spring 70 has a biasing force that changes with displacement) (Fig. 5c).
Regarding claim 7 (Currently Amended), Kim discloses the workrest of claim 1 including a retainer (60) for holding the shoe holder (tool 80) against the mount (member 50) (Fig. 5c).
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Regarding claim 8 (Currently Amended), Kim discloses the workrest of claim 7, wherein the retainer (60) has a concave engagement surface (socket of the ball and socket 90) (Fig. 5c), and the shoe holder (80) has a complementary convex engagement surface (ball of the ball and socket 90) which defines part of the surface of a sphere (ball) (Fig. 5c) (“Meanwhile, as shown in FIG. 2, the deburring tool 80 is rotatably connected to the mounting portion 65 of the movable rod 60 in the front, rear, and left and right directions through the ball joint 90.”) [Kim Translation; page 7, 3rd to last paragraph].
Regarding claim 9 (Currently Amended), Kim discloses the workrest of claim 7, wherein a distance between the retainer (60) and the mount (50) is adjustable (“the spring 70 is mounted in the inner space of the cylinder member 50, as shown in Figure 2 described above, and exerts a resilient force against the rod body 63 of the moving rod 60 It will function.”) [Kim Translation; page 7, paragraph 9].
Regarding claim 10 (Currently Amended), Kim discloses the workrest of claim 7, wherein the retainer (60) is urged away from the mount (50) by a biasing arrangement (spring 70) (“the spring 70 is mounted in the inner space of the cylinder member 50, as shown in Figure 2 described above, and exerts a resilient force against the rod body 63 of the moving rod 60 It will function.”) [Kim Translation; page 7, paragraph 9].
Regarding claim 11 (Currently Amended), Kim discloses the workrest of claim 10, wherein the biasing arrangement (spring 70) comprises at least one resilient biasing member (spring 70).
Regarding claim 12 (Currently Amended), Kim discloses a grinding machine including the workrest of claim 1 [Kim; Abstract].
Claim(s) 1-7 and 9-12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yiu (US-6,200,205).
Regarding claim 1 (Original), Yiu (US-6,200,205) discloses a workrest for a centreless grinding machine, the workrest comprising:
a mount (shank 10) for mounting on a grinding machine (“Lapping tools are well-known and used for "polishing" working surfaces by applying an abrasive action using random manual manipulation or machinery constrained (automatic) movements so that the abrasive material smooths and polishes a workpiece surface.”) [Yiu; col. 1, lines 8-12]; and
a shoe holder (platform 12),
wherein the shoe holder (platform 12) is able to rotate relative to the mount about at least two non-parallel rotational axes (ball joint 11 allows for rotation about multiple axes) (Figs. 1-3).
As for the shoe holder being “for carrying a shoe to be engaged with an outer circumferential surface of a workpiece during grinding,” this is considered intended use. In other words, the claim isn’t requiring “a shoe” as part of the claimed workrest and is merely requiring a structure intended for carrying a shoe as claimed. It has been held that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations. Ex parte Masham, 2 USPQ2d 1647 (1987). Since the prior art discloses a shoe holder, then it meets the claimed structural limitations.
Regarding claim 2 (Currently Amended), Yiu discloses the workrest of claim 1, wherein the shoe holder (platform 12) is able to rotate relative to the mount (shank 10) about three mutually perpendicular rotational axes (ball and joint is able to rotate about a multitude of horizontal axes) (Fig. 3).
Regarding claim 3 (Currently Amended), Yiu discloses the workrest of claim 2, wherein the shoe holder (platform 12) is able to rotate relative to the mount (shank 10) in all directions (all 360 directions) (Fig. 3).
Regarding claim 4 (Currently Amended), Yiu discloses the workrest of any preceding claim 1, wherein the shoe holder (platform 12) has a convex engagement surface (which engages ball 11) which defines part of the surface of a sphere (Fig. 1), and the mount (shank 10) has a complementary concave engagement surface (with ball 11) (Fig. 1).
Regarding claim 5 (Currently Amended), Yiu discloses the workrest of any preceding claim 1, wherein the amount of resistance to movement of the shoe holder (platform 12) relative to the mount (shank 10 and ball 11) is adjustable (spring 21 can be added, which changes resistance to movement, i.e. friction) (“The ball and socket may be held together by a removable spring clip, or a coiled spring or a screw cap.”) [Yiu; col. 1, lines 57-58].
Regarding claim 6 (Currently Amended), Yiu discloses the workrest of any preceding claim 1, wherein the shoe holder (platform 12) is held against the mount (shank 10 and ball 11) by a biasing force which is adjustable (spring 21 force change according to Hooke’s law, meaning that the force is adjustable in response to displacement) (“The ball and socket may be held together by a removable spring clip, or a coiled spring or a screw cap.”) [Yiu; col. 1, lines 57-58].
Regarding claim 7 (Currently Amended), Yiu discloses the workrest of claim 1, including a retainer (the top part of platform 12, shown in annotated Figure 1 below) for holding the shoe holder (platform 12) against the mount (shank 10 and ball 11) (Fig. 1) (“The ball 11 is held in and against a spherical socket 16 formed in an upper part of the platform 12 by a circlip 17.”) [Yiu; col. 2, lines 12-13].
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Regarding claim 9 (Currently Amended), Yiu discloses the workrest of claim 7, a distance between the retainer (top of platform 12) and the mount (shank 10 and ball 11) is adjustable (with spring 21) (Fig. 3).
Regarding claim 10 (Currently Amended), Yiu discloses the workrest of claim 7, wherein the retainer (top of platform 12) is urged away from the mount (shank 10 and ball 11) by a biasing arrangement (spring 21) (Fig. 3).
Regarding claim 11 (Currently Amended), Yiu discloses the workrest of claim 10, wherein the biasing arrangement (spring 21) comprises at least one resilient biasing member (spring 21) (Fig. 3).
Regarding claim 12 (Currently Amended), Yiu discloses a grinding machine including the workrest of claim 1 (“Lapping tools are well-known and used for "polishing" working surfaces by applying an abrasive action using random manual manipulation or machinery constrained (automatic) movements so that the abrasive material smooths and polishes a workpiece surface.”) [Yiu; col. 1, lines 8-12].
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) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim (KR20100048151A) in view of Hagman (US-5,957,445).
Regarding claim 5 (Currently Amended), Kim discloses the workrest of claim 1, but fails to disclose wherein the amount of resistance to movement of the shoe holder relative to the mount is adjustable.
However, Hagman (US-5,957,445) teaches a holder (24) which has an amount of resistance to movement of a mount (10) (“The upper surface of base block 12 has an upstanding boss 32 around which is located compression spring 34 which abuts against the lower surface of lock pad 30 as more clearly seen in FIGS. 2 and 3. In this manner the lock pad and correspondingly the ball 20 are urged upward under the pressure of the spring 34 to provide a desirable friction when the ball is unlocked and free to rotate. This degree of friction is adjustable by the amount of compression of spring 34 by turning lower block 12 clockwise or counter clockwise.”) [Hagman; col. 2, lines 37-45]. Since Kim teaches a ball and socket 90, it therefore would’ve been obvious to one of ordinary skill in the art to modify the ball and socket of Hagman to make the shoe holder of Kim be adjustable in terms of friction to provide the user the ability to change resistance to motion, making it more or less capable of movement as desired [Hagman; col. 2, lines 37-45].
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US-1364006, US-6,148,248, US-6,383,063, and US-5,531,631 are pertinent to claim 1.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOEL DILLON CRANDALL whose telephone number is (571)270-5947. The examiner can normally be reached Mon - Fri 8:30 - 5:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Monica Carter can be reached at 571-270-5947. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOEL D CRANDALL/Examiner, Art Unit 3723
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