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
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 1-15 are 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.
The claims are indefinite because it is not clear from claim 1 what structure is required by the clause “wherein the two roughing discs are formed along the axis of rotation in a movably sprung manner”.
Further, it is not clear how the discs can be “formed ... in a movably sprung manner”.
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.
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.
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.
Claim(s) 1-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over CN 212946100 in view of DE 102007016191.
CN 212946100 teaches a device and a method.
The device comprises:
A drive unit 33;
Two roughing discs 32 rotated about a common axis.
Both discs 32 are disclosed as rotated by the driving unit 33.
The device is disclosed as comprising a receiving region (space between the discs).
The discs are disclosed as comprising roughing projections 321.
The method comprises:
Arranging a bar structure (cutting sword grid) between the roughing discs 32 and moving the cleaning device along the bar shaped structure.
See at least Figures 1-3 and the related description.
Thus, CN 212946100 teaches the device a method as recited by claims 1 and 15 except for the specific recitation of the limitation “wherein the two roughing discs are formed along the axis of rotation in a movably sprung manner”.
The claims are indefinite and could not be properly understood for the examination purposes the claims were interpreted as requiring a spring which pushes the discs toward each other.
It is not clear from CN 212946100 whether or not such spring is present in the device of CN 212946100.
However, the use of such springs was known in the art as evidenced by DE 102007016191. See at least spring 36 on Figure 2 and the related description.
It would have been obvious to an ordinary artisan at the time the invention was filed to provided a spring as disclosed by DE 102007016191 in the device/method of CN 212946100 in order to use a known device for its known purpose.
As to claim 2:
Arranging the discs 32 parallel to each other is shown at least on Figure 1 of CN 212946100.
As to claim 3:
The tapering and widening regions as claimed are formed by the parts 321 of the discs 32. See at least Figure 3 of CN 212946100.
As to claim 4:
The blades as claimed are readable on the blades 321 of CN 212946100. See at least Figure 3 of CN 212946100.
As to claim 5:
The claimed structural stop is readable at least on the device adjusting the distance between the discs 32 disclosed by CN 212946100.
As to claim 6:
The belt as claimed is shown at least on Figures 1 and 2.
As to claim 7:
Arranging the discs 32 on the respective drive shafts 31 is shown at least on Figure 1.
As to claim 8:
The discs 32 of CN 212946100 are disclosed as provided with individual rotating units 33 and thereby are capable of performing the intended use recited by the claim. See at least Figure 1.
As to claim 9:
The discs 32 of CN 212946100 are disclosed as provided with individual rotating units 33. See at least Figure 1.
As to claim 10:
The claimed spreading mechanism is readable at least on the device adjusting the distance between the discs 32 disclosed by CN 212946100.
As to claim 11:
CN 212946100 does not specify the construction of the device adjusting the distance between the discs 32. However, the use of a lever devices for moving parts with less force required is well known in the mechanical art. It would have been obvious to an ordinary artisan at the time the invention was filed to use a lever device in the device of CN 212946100 adjusting the distance between the discs 32 in order to use a known device for its known purpose.
As to claim 12:
The claimed bar guide is readable ta least on parts 1 and 4 of the device of CN 212946100.
As to claim 13 and 14:
CN 212946100 does not teach a bar guide having a structure as claimed.
However, the guides with rollers and plates and rollers protruding as claimed have been known in the art as evidenced by DE 102007016191. See at least Figure 1, 2 and the related description with respect to arrangements with rollers 50, 52.
DE 102007016191 further teach providing feed devices with drive rollers on both sides (feed and lead away) of the device.
It would have been obvious to an ordinary artisan at the time the invention was filed to provided the guiding/feeding arrangements of DE 102007016191 in the device of CN 212946100 in order to use a known device for its known purpose.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The documents listed on the attached PTO 892 are cited to show the state of the art with respect to cleaning devices and method utilizing roughing discs and surfaces.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALEXANDER MARKOFF whose telephone number is (571)272-1304. The examiner can normally be reached 9:00 am - 5:30 pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Barr can be reached at 571-272-1414. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ALEXANDER MARKOFF/Primary Examiner, Art Unit 1711
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