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 Objections
Claims 3 and 6 are objected to because of the following informalities: the term “a flat member” should read “the flat member”. Appropriate correction is required.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-16 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-7 of U.S. Patent No. 12,161,516.
Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of US 12161516 encompass all the features of claims 1-16.
Regarding claim 1, US 12161516 discloses a dental handpiece comprising: a barrel defining an accommodating cavity therein; an air turbine rotatably arranged in the accommodating cavity of the barrel; a central shaft secured to the air turbine to rotate with the air turbine; a bearing mounted in the accommodating cavity of the barrel and supporting the central shaft for rotation; a seal comprising a sealing portion sleeved over an outer cylindrical surface of the central shaft and a mounting portion surrounding the sealing portion, the sealing portion being deformable to separate from the outer cylindrical surface of the central shaft or closely contact the outer cylindrical surface of the central shaft depending on a pressure difference between interior and exterior of the barrel; and a bearing seat provided in the barrel, the bearing seat being formed with a bearing hole and an annular groove at an axial end of the bearing seat facing the air turbine, the bearing disposed in the bearing hole, the mounting portion received in the annular groove and sandwiched between the bearing and the bearing seat, a bottom of the bearing hole being recessed axially to form the annular groove, a depth of the annular groove in an axial direction of the barrel being smaller than a thickness of the mounting portion when the mounting portion is in a natural state where the mounting portion is not compressed by the bearing, a diameter of the annular groove being smaller than a diameter of the bearing hole such that a step is formed between the annular groove and the bottom of the bearing hole, the bearing resisting against the step (see claim 1 of US 12161516).
Regarding claims 2-3, US 12161516 discloses wherein a flat member is provided at an axial end of the bearing facing the bearing seat, and the mounting portion is compressed by the flat member against the bearing seat and wherein a flat member is a flat gasket (see claim 1 of US 12161516).
Regarding claim 4, US 12161516 discloses a dental handpiece comprising: a barrel defining an accommodating cavity therein and comprising an axial open end in communication with the accommodating cavity; an air turbine rotatably arranged in the accommodating cavity of the barrel; a central shaft secured to the air turbine to rotate with the air turbine; a first bearing mounted in the barrel adjacent the axial open end of the barrel and supporting the central shaft for rotation; a first bearing seat provided in the barrel to position the first bearing in the barrel, the first bearing seat being formed with an annular groove at an axial end of the first bearing seat facing the air turbine, a fixed axial distance being defined between an axial end of the first bearing facing the first bearing seat and a bottom of the annular groove when the first bearing is positioned in the barrel; a seal comprising a sealing portion sleeved over an outer cylindrical surface of the central shaft and a mounting portion surrounding the sealing portion, the sealing portion being deformable to separate from the outer cylindrical surface of the central shaft or closely contact the outer cylindrical surface of the central shaft depending on a pressure difference between interior and exterior of the barrel, the mounting portion being received in the annular groove of the first bearing seat and compressed between the first bearing and the first bearing seat, a thickness of the mounting portion in an axial direction of the barrel being reduced to be equal to the axial distance when the mounting portion is compressed between the first bearing and the first bearing seat; and a second bearing and a second bearing seat, the first bearing and the second bearing being respectively arranged at opposite axial sides of the air turbine, the first bearing being close to the open end of the barrel while the second bearing being disposed away from the open end of the barrel, an elastic member provided to generate a forward pre-tightening force, which acts on the mounting portion of the seal via the second bearing, the air turbine, and the first bearing, such that the mounting portion of the seal is compressed (see claim 2 of US 12161516).
Regarding claims 5-6, US 12161516 discloses wherein a flat member is provided at the axial end of the first bearing facing the first bearing seat, and the mounting portion is compressed by the flat member against the first bearing seat and wherein a flat member is a flat gasket (see claim 3 of US 12161516).
Regarding claim 7, US 12161516 discloses wherein the seal is trumpet-shaped, and the sealing portion extends from an inner edge of the mounting portion radially inward and axially toward the open end of the barrel (see claim 4 of US 12161516).
Regarding claim 8, US 12161516 discloses wherein a radially inner side surface of the sealing portion defines a through hole at a center of the sealing portion, the central shaft passes through the through hole, the radially inner side surface is a cylindrical surface, and the cylindrical surface is in close contact with the outer cylindrical surface of the central shaft when the dental handpiece is shutdown (see claim 5 of US 12161516).
Regarding claim 9, US 12161516 discloses wherein, along the axial direction of the barrel, the mounting portion has a thickness of 0.4-1.0 mm while the sealing portion has a thickness of 0.1-0.3mm (see claim 6 of US 12161516).
Regarding claim 10, US 12161516 discloses A dental handpiece comprising: a barrel defining an accommodating cavity therein; an air turbine rotatably arranged in the accommodating cavity of the barrel; a central shaft secured to the air turbine to rotate with the air turbine; a bearing mounted in the accommodating cavity of the barrel and supporting the central shaft for rotation; a bearing seat provided in the barrel and resisting against the bearing in an axial direction of the barrel, the bearing seat being formed with an annular groove at an axial end of the bearing seat facing the air turbine, an axial end of the bearing facing the bearing seat being spaced by a fixed axial distance from a bottom of the annular groove when the bearing seat resists against the bearing; and a seal comprising a sealing portion surrounding an outer cylindrical surface of the central shaft and a mounting portion surrounding the sealing portion, the sealing portion being deformable to separate from the outer cylindrical surface of the central shaft or closely contact the outer cylindrical surface of the central shaft depending on a pressure difference between interior and exterior of the barrel, the mounting portion received in the annular groove and compressed between the bearing and the bearing seat, and the mounting portion when compressed between the bearing and the bearing seat having a thickness in the axial direction equal to the axial distance (see claim 7 of US 12161516).
Regarding claims 11-12, US 12161516 discloses wherein a flat member is provided at the axial end of the bearing facing the bearing seat, and the mounting portion is compressed by the flat member against the bearing seat and wherein the flat member is a flat gasket (see claims 3 and 7 of US 12161516).
Regarding claim 13, US 12161516 discloses wherein the aforementioned bearing is a first bearing, the aforementioned bearing seat is a first bearing seat, the dental handpiece further comprises a second bearing and a second bearing seat, the first bearing and the second bearing are respectively arranged at opposite axial sides of the air turbine, the first bearing is rested on the first bearing seat and close to an axial front end of the barrel while the second bearing is rested on the second bearing seat and close to an axial rear end of the barrel, and an elastic member is provided at the axial rear end of the barrel, wherein inner rings of the first bearing and second bearing clamp the air turbine, and the elastic member is compressed and deformed to generate a forward pre-tightening force, which acts on the mounting portion of the seal via the second bearing, the air turbine, and the first bearing, such that the mounting portion of the seal is compressed (see claim 3 of US 12161516).
Regarding claim 14, US 12161516 discloses wherein the seal is trumpet-shaped, and the sealing portion extends from an inner edge of the mounting portion radially inward and axially toward the open end of the barrel (see claim 4 of US 12161516).
Regarding claim 15, US 12161516 discloses wherein a radially inner side surface of the sealing portion defines a through hole at a center of the sealing portion, the central shaft passes through the through hole, the radially inner side surface is a cylindrical surface, and the cylindrical surface is in close contact with the outer cylindrical surface of the central shaft when the dental handpiece is shutdown (see claim 5 of US 12161516).
Regarding claim 16, US 12161516 discloses wherein, along the axial direction of the barrel, the mounting portion has a thickness of 0.4-1.0 mm while the sealing portion has a thickness of 0.1-0.3mm (see claim 6 of US 12161516).
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.
Claim(s) 1, 4, 7-10, and 13-16 are rejected under 35 U.S.C. 103 as being unpatentable over Tanaka et al (US 7329123 B2) in view of Bruckbauer et al (WO 2018/189229 A1).
Regarding claim 1, Tanaka et al discloses a dental handpiece (see Figs. 4-7) comprising: a barrel (106) defining an accommodating cavity (109) therein; an air turbine (114) rotatably arranged in the accommodating cavity of the barrel; a central shaft (113) secured to the air turbine to rotate with the air turbine; a bearing (111) mounted in the accommodating cavity of the barrel and supporting the central shaft for rotation; a seal (129, Fig. 6) comprising a sealing portion (129b/c) sleeved over an outer cylindrical surface of the central shaft and a mounting portion (129a) surrounding the sealing portion, the sealing portion being deformable to separate from the outer cylindrical surface of the central shaft or closely contact the outer cylindrical surface of the central shaft depending on a pressure difference between interior and exterior of the barrel (see col 5, lines 53-57); and a bearing seat (107) provided in the barrel, the bearing seat being formed with a bearing hole (area of 107 where bearing is seated) and an annular groove (area of 107 where 129 is seated) at an axial end of the bearing seat facing the air turbine, the bearing disposed in the bearing hole, the mounting portion received in the annular groove and sandwiched between the bearing and the bearing seat (see Fig. 7), a bottom of the bearing hole being recessed axially to form the annular groove (see Fig. 4-5 and 7), a diameter of the annular groove being smaller than a diameter of the bearing hole such that a step is formed between the annular groove and the bottom of the bearing hole, the bearing resisting against the step (see Fig. 7; step between bearing hole and annular ring). While Tanaka discloses that the seal is sandwiched between the bearing and bearing seat at the groove, Tanaka does not explicitly teach that a depth of the annular groove in an axial direction of the barrel being smaller than a thickness of the mounting portion when the mounting portion is in a natural state where the mounting portion is not compressed by the bearing as required.
Bruckbauer, however, teaches a similar dental handpiece (see Figs. 10-11), with a bearing (1), a bearing seat (where bearing is located) and a seal (6), wherein a mounting portion (13) of the seal is squeezed between the bearing and the bearing seat in an annular groove (e.g. area where mounting portion is located), such that a depth of the annular groove in an axial direction of the barrel being smaller than a thickness of the mounting portion when the mounting portion is in a natural state where the mounting portion is not compressed by the bearing (implicitly, as Bruckbauer explicitly discloses that the mounting portion is “squeezed” therein [0113], which requires the groove to have an smaller axial extent than the thickness of the mounting portion in order to squeeze or compress it). Therefore, it would have been obvious to one of ordinary skill in the art before the filing date of the invention to modify the device of Tanaka to include Bruckbauer’s smaller axial thickness of the annular groove compared to the mounting portion, as such modification would aid in retention of the mounting portion, reducing the risk of separation of the components and promote a better sealing effect by the seal.
Regarding claim 4, Tanaka discloses a dental handpiece (see Figs. 4-7) comprising: a barrel (106) defining an accommodating cavity (109) therein and comprising an axial open end in communication with the accommodating cavity (e.g. bottom end of 106 that is closed by 107); an air turbine (114) rotatably arranged in the accommodating cavity of the barrel; a central shaft (113) secured to the air turbine to rotate with the air turbine; a first bearing (111) mounted in the barrel adjacent the axial open end of the barrel and supporting the central shaft for rotation; a first bearing seat (107) provided in the barrel to position the first bearing in the barrel, the first bearing seat being formed with an annular groove (where seal 129 is seated) at an axial end of the first bearing seat facing the air turbine (see Fig. 7), a fixed axial distance being defined between an axial end of the first bearing facing the first bearing seat and a bottom of the annular groove when the first bearing is positioned in the barrel (see Fig. 7); a seal (129) comprising a sealing portion (129b/c) sleeved over an outer cylindrical surface of the central shaft and a mounting portion (129a) surrounding the sealing portion, the sealing portion being deformable to separate from the outer cylindrical surface of the central shaft or closely contact the outer cylindrical surface of the central shaft depending on a pressure difference between interior and exterior of the barrel (see col 5, lines 53-57), the mounting portion being received in the annular groove of the first bearing seat (see Fig. 7); and a second bearing (110) and a second bearing seat (108), the first bearing and the second bearing being respectively arranged at opposite axial sides of the air turbine (see Fig. 7), the first bearing being close to the open end of the barrel while the second bearing being disposed away from the open end of the barrel (see Fig. 7).
While Tanaka discloses that the seal is sandwiched between the bearing and bearing seat at the groove, Tanaka does not explicitly teach that the seal is compressed between the first bearing and the first bearing seat, a thickness of the mounting portion in an axial direction of the barrel being reduced to be equal to the axial distance when the mounting portion is compressed between the first bearing and the first bearing seat, and wherein the handpiece comprises an elastic member provided to generate a forward pre-tightening force, which acts on the mounting portion of the seal via the second bearing, the air turbine, and the first bearing, such that the mounting portion of the seal is compressed as required.
Bruckbauer, however, teaches a similar dental handpiece (see Figs. 10-11), with a bearing (1), a bearing seat (where bearing is located) and a seal (6), wherein a mounting portion (13) of the seal is squeezed between the bearing and the bearing seat in an annular groove (e.g. area where mounting portion is located), such that the seal is compressed between the first bearing and the first bearing seat, a thickness of the mounting portion in an axial direction of the barrel being reduced to be equal to the axial distance when the mounting portion is compressed between the first bearing and the first bearing seat (implicitly, as Bruckbauer explicitly discloses that the mounting portion is “squeezed” therein [0113], which requires the groove to have an smaller axial extent than the thickness of the mounting portion in order to squeeze or compress it). Bruckbauer further discloses wherein the handpiece comprises an elastic member (see spring, not labeled, in cap at upper end of head, Fig. 18 and 11) provided to generate a forward pre-tightening force which acts on the mounting portion of the seal via a second bearing (3), an air turbine (7)and the first bearing (1), such that the mounting portion of the seal is compressed (see Figs. 11 and 18, spring force would extend axially downward on bearings and mounting portion, aiding in compression at least to some degree). Therefore, it would have been obvious to one of ordinary skill in the art before the filing date of the invention to modify the device of Tanaka to include Bruckbauer’s smaller axial thickness of the annular groove compared to the mounting portion, and use of the pre-tightening member, as such modification would aid in retention of the mounting portion, bearings and turbine, reducing the risk of separation of the components and promote a better sealing effect by the seal.
Regarding claim 7, Tanaka/Bruckbauer, as combined above, further discloses wherein the seal is trumpet-shaped, and the sealing portion extends from an inner edge of the mounting portion radially inward and axially toward the open end of the barrel (see Figs. 6-7; trumpet shaped when deformed).
Regarding claim 8, Tanaka/Bruckbauer, as combined above, further discloses wherein a radially inner side surface of the sealing portion (129c Tanaka) defines a through hole at a center of the sealing portion, the central shaft passes through the through hole, the radially inner side surface is a cylindrical surface, and the cylindrical surface is in close contact with the outer cylindrical surface of the central shaft when the dental handpiece is shutdown (see citations above, Tanaka).
Regarding claim 9, Tanaka/Bruckbauer, as combined above teaches wherein along the axial direction of the barrel, the mounting portion has a first thickness while the sealing portion has a second thickness, less than the first thickness (see Fig. 6, Tanaka), but does not explicitly teach that the first thickness is 0.4-1 mm or the second thickness is 0.1-0.3 mm as required. However, the Examiner notes that the instant specification describes such parameters as merely preferable lacking any specific criticality (see [0042]), and additionally notes that the specific thicknesses are result effective variables dependent on the desired flexibility, deformation, or braking force applied by the sealing portion, and the desired strength/rigidity or tightness of fit of the mounting portion. Therefore, it would have been obvious to one of ordinary skill in the art before the filing date of the invention to modify the sealing and mounting portions of the device of Tanaka/Bruckbauer to include a thickness of 0.4-1 mm for the mounting portion and 0.1-0.3 mm for the sealing portion, as such modification would merely involve the optimization of a result effective variable, which has been held to be within the skill of the ordinary artisan, obtained through routine experimentation in determining optimum results (see MPEP 2144.05(II)).
Regarding claim 10, Tanaka discloses a dental handpiece (see Figs. 4-7) comprising: a barrel (106) defining an accommodating cavity (109) therein; an air turbine (114) rotatably arranged in the accommodating cavity of the barrel; a central shaft (113) secured to the air turbine to rotate with the air turbine; a bearing (111) mounted in the accommodating cavity of the barrel and supporting the central shaft for rotation; a bearing seat (107) provided in the barrel and resisting against the bearing in an axial direction of the barrel, the bearing seat being formed with an annular groove (where seal 129 is seated) at an axial end of the bearing seat facing the air turbine, an axial end of the bearing facing the bearing seat being spaced by a fixed axial distance from a bottom of the annular groove when the bearing seat resists against the bearing (see Fig. 7); and a seal (129) comprising a sealing portion (129b/c) surrounding an outer cylindrical surface of the central shaft and a mounting portion (129a) surrounding the sealing portion, the sealing portion being deformable to separate from the outer cylindrical surface of the central shaft or closely contact the outer cylindrical surface of the central shaft depending on a pressure difference between interior and exterior of the barrel (see Tanaka, citations above), the mounting portion received in the annular groove (see Fig. 7). Tanaka further discloses wherein the aforementioned bearing is a first bearing, the aforementioned bearing seat is a first bearing seat, the dental handpiece further comprises a second bearing (110) and a second bearing seat (108), the first bearing and the second bearing are respectively arranged at opposite axial sides of the air turbine (see Fig. 7), the first bearing is rested on the first bearing seat and close to an axial front end of the barrel while the second bearing is rested on the second bearing seat and close to an axial rear end of the barrel (see Fig. 7; per claim 13); wherein the seal is trumpet-shaped, and the sealing portion extends from an inner edge of the mounting portion radially inward and axially toward the open end of the barrel (see Figs. 6-7; trumpet shaped when deformed; per claim 14); and wherein a radially inner side surface of the sealing portion (129c Tanaka) defines a through hole at a center of the sealing portion, the central shaft passes through the through hole, the radially inner side surface is a cylindrical surface, and the cylindrical surface is in close contact with the outer cylindrical surface of the central shaft when the dental handpiece is shutdown (see citations above, Tanaka; per claim 15).
Tanaka, however, does not teach wherein the mounting portion is compressed between the bearing and the bearing seat and when compressed thickness in the axial direction equal to the axial distance of the annual ring; and an elastic member is provided at the axial rear end of the barrel, wherein inner rings of the first bearing and second bearing clamp the air turbine, and the elastic member is compressed and deformed to generate a forward pre-tightening force, which acts on the mounting portion of the seal via the second bearing, the air turbine, and the first bearing, such that the mounting portion of the seal is compressed as required.
Bruckbauer, however, teaches a similar dental handpiece (see Figs. 10-11), with a bearing (1), a bearing seat (where bearing is located) and a seal (6), wherein a mounting portion (13) of the seal is squeezed between the bearing and the bearing seat in an annular groove (e.g. area where mounting portion is located), such that the seal is compressed between the first bearing and the first bearing seat, a thickness of the mounting portion in an axial direction of the barrel being reduced to be equal to the axial distance when the mounting portion is compressed between the first bearing and the first bearing seat (implicitly, as Bruckbauer explicitly discloses that the mounting portion is “squeezed” therein [0113], which requires the groove to have an smaller axial extent than the thickness of the mounting portion in order to squeeze or compress it). Bruckbauer further discloses wherein the handpiece comprises an elastic member (see spring, not labeled, in cap at upper end of head, Fig. 18 and 11) provided to generate a forward pre-tightening force which acts on the mounting portion of the seal via a second bearing (3), an air turbine (7) and the first bearing (1; and the bearings inner rings), with the turbine clamped therebetween, such that the mounting portion of the seal is compressed (see Figs. 11 and 18, spring force would extend axially downward on bearings and mounting portion, aiding in compression at least to some degree). Therefore, it would have been obvious to one of ordinary skill in the art before the filing date of the invention to modify the device of Tanaka to include Bruckbauer’s smaller axial thickness of the annular groove compared to the mounting portion, and use of the pre-tightening member, as such modification would aid in retention of the mounting portion, bearings and turbine, reducing the risk of separation of the components and promote a better sealing effect by the seal.
Regarding claim 16, Tanaka/Bruckbauer, as combined above teaches wherein along the axial direction of the barrel, the mounting portion has a first thickness while the sealing portion has a second thickness, less than the first thickness (see Fig. 6, Tanaka), but does not explicitly teach that the first thickness is 0.4-1 mm or the second thickness is 0.1-0.3 mm as required. However, the Examiner notes that the instant specification describes such parameters as merely preferable lacking any specific criticality (see [0042]), and additionally notes that the specific thicknesses are result effective variables dependent on the desired flexibility, deformation, or braking force applied by the sealing portion, and the desired strength/rigidity or tightness of fit of the mounting portion. Therefore, it would have been obvious to one of ordinary skill in the art before the filing date of the invention to modify the sealing and mounting portions of the device of Tanaka/Bruckbauer to include a thickness of 0.4-1 mm for the mounting portion and 0.1-0.3 mm for the sealing portion, as such modification would merely involve the optimization of a result effective variable, which has been held to be within the skill of the ordinary artisan, obtained through routine experimentation in determining optimum results (see MPEP 2144.05(II)).
Conclusion
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/EDWARD MORAN/Primary Examiner, Art Unit 3772