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 .
Foreign Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Election/Restrictions
Applicant elected, without traverse, Species I (Figs. 4-9) in the reply filed on July 6, 2026.
Applicant has cancelled claims 2, 5-7, 9-13, and 16-18 in the amendment filed on September 22, 2026.
Claims 14 and 19 are still withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on July 6, 2026.
Claim 8 has been rejoined, since the Applicant amended its dependency from withdrawn claim 7 (now cancelled), to claim 1. Thus, claim 8 is now (based on the amendment filed on September 22, 2026) considered on the merits and within the scope of the elected Species I.
Claim Objections
Claim 15 is objected to because of the following informalities:
(i) With regard to claim 15 (lines 12-13), the term “the mounting portions” should be changed to the term --the mounting portion--.
Appropriate correction is required.
Examiner Comments
The Examiner has cited particular columns and line numbers, paragraphs, or figures in the reference(s) as applied to the claims for the convenience of the Applicant. Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested from the Applicant, in preparing responses, to fully consider the references in their entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the Examiner.
Claim Rejections - 35 USC § 102
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 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.
Claims 1, 3, 4, 8, 15, and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Suzuki et al. (US 2021/0280209 A1).
As per amended claim 1 (and analogously, as per amended claim 15), Suzuki et al. (US 2021/0280209 A1) discloses a flexure (e.g., 42) of a hard disk drive suspension (e.g., 30), the flexure (42) overlapping with a load beam (e.g., 38) provided in the hard disk drive suspension (30), and the flexure (42) comprising: a metal base (e.g., see, inter alia, paragraph [0047]) having a first surface facing the load beam (38) and a second surface on a side opposite to the first surface, wherein: the metal base includes: a mounting portion (e.g., 44a) on which a slider (e.g., 17) is mounted; a fixed portion (e.g., (44e), which includes the longitudinal portion that has the L-shaped portions (45a) unitarily/integrally formed therewith) provided on a distal end side beyond the mounting portion (44a) in a longitudinal direction of the metal base (note that portion 44e) has a portion that extends beyond the mounting portion (44a) the longitudinal direction – see the embodiment of Figs. 12A, 12B), the fixed portion being fixed to the load beam (at second welded portion B2 – see paragraph [0048]); and a pair of limiters (e.g., which include L-shaped portions in addition to the turned-inward facing each other flat-portions (44f) – see Figs. 12A, 12B, one disposed on each side of the portions (45a) of the fixed portion) arranged in a width direction of the metal base (Figs. 12A, 12B), the pair of limiters (44f) being formed by a pair of first extending portions (e.g., distal end portions of the (44a) that start to extend in the longitudinal direction of the flexure, along the axis C1, and which form one side of the L- shape (44f) – Figs. 12A, 12B) extending from the mounting portion (44a), and each of the pair of limiters (e.g., which include L-shaped, of the turned-inward facing each other flat-portions (44f) – see Figs. 12A, 12B, one disposed on each side of the portions (45a) of the fixed portion) includes a planar portion (e.g., turned-inward facing each other flat-portions (44f) – see Figs. 12A, 12B) facing the first surface of the fixed portion with a gap in a thickness direction of the metal base. See, e.g. Fig. 7A, in which the uppermost surface of (45), which is the surface of (45) facing the load beam, and as such, is considered the “first surface of the fixed portion” with a gap in a thickness direction of the metal base. See Fig. 7A in conjunction with Figs. 12A, 12B.
As per claim 3, wherein each of the pair of limiters further includes a first root portion (e.g. the portion of (44f) that is closest to the mounting portion (44a)) connected to the mounting portion (44a) and a first intermediate portion (middle portion of (44f) between its proximal portion, which is closest to the mounting portion, and its most distal portion, which can make contact with (45a)) between the first root portion and the planar portion (e.g., most distal portion of (44f) that faces (45a)).
As per claim 4, wherein the fixed portion (e.g., (44e), which includes the longitudinal portion that has the L-shaped portions (45a) unitarily/integrally formed therewith) is located between the first intermediate portions of the pair of limiters in the width direction – see Figs. 12A and/or Fig. 12B).
As per claim 8, wherein: the metal base further includes a frame portion (e.g., 44c, 44d) provided on an outer side of the mounting portion (44a), and the fixed portion (e.g., (44e), which includes the longitudinal portion that has the L-shaped portions (45a) unitarily/integrally formed therewith) is located, at least partially) between the mounting portion (44a) and the frame portion (e.g., 44c, 44d) in the longitudinal direction.
As per claim 20, wherein the fixed portion (e.g., (44e), which includes the longitudinal portion that has the L-shaped portions (45a) unitarily/integrally formed therewith) includes a pair of overlapping portions (e.g., 45a) at both end portions thereof in the width direction (Fig. 12A, 12B), the pair of overlapping portions (45a) respectively overlapping with the planar portions of the pair of limiters – see Figs. 12A, 12B.
Response to Arguments
Applicant’s arguments with respect to the rejected claims have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to William J Klimowicz whose telephone number is (571)272-7577. The examiner can normally be reached Monday-Thursday, 8:00AM-6PM, ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Steven Lim can be reached at (571)270-1210. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/WILLIAM J KLIMOWICZ/ Primary Examiner, Art Unit 2688