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 § 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.
Claims 1 – 6 are rejected under 35 U.S.C. 103 as being unpatentable over Kondo et al. (US 2018/0291302)
In regards to claim 1, Kondo teaches lubricant including ionic liquid comprising an ammonium cation A) and a borate ester anion X) and a magnetic recording medium using the lubricant [abstract, 0001]. The ionic liquid has the limitations B) and C-3 of claim 2 [0077, 0078]. The ionic liquid is useful alone or in combination with a long chain carboxylic ester or a polyether [0084]. The magnetic medium can be part of a hard disk drive mounted on a spindle [0115]. Thus, a fluid dynamic bearing for a hard disk drive and the drive comprising base oil (i.e., ester or ether) and ionic liquid of the claim is taught.
In regards to claim 2, Kondo teaches the fluid dynamic bearing having a long chain carboxylic acid ester and thus would encompass those with an R21 group according to the claim of 10 carbon atoms or more in the alkyl group and R22 group according to the claimed structure of 9 carbon atoms or more in the alkyl groups to provide long chain carboxylic acid esters. Carboxylic acid esters for lubricants typically comprise alkyl groups as hydrocarbyl groups which would been obvious.
In regards to claims 3 – 6, Kondo teaches disk drive, spindle motor and fluid dynamic bearing of the claim.
Conclusion
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/TAIWO OLADAPO/Primary Examiner, Art Unit 1771