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 .
Foreign Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copies have been filed in parent Application No. 17/016,878, filed on 10 September 2020.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 18 December 2025 is in compliance with the provisions of 37 CFR 1.97 and 37 CFR 1.98. Accordingly, the information disclosure statement has been considered by the examiner.
Specification
The disclosure is objected to because of the following informality:
In line 7 on claim 15, “is movable” should be changed to --are movable-- for better clarity.
Appropriate correction is required.
Drawings
The drawings were received on 18 December 2025. These drawings are accepted.
Claim Considerations - 35 USC § 103
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.
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 11-21 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-11 of U.S. Patent No. 12,525,259. Although the claims at issue are not identical, they are not patentably distinct from each other because pending claims 11-21 are anticipated by patented claims 1-11 of U.S. Patent No. 12,525,259 as follows:
With respect to pending claim 11, U.S. Patent No. 12,525,259 claims a disk device comprising a housing comprising a base including a bottom wall and a cover fixed to the base and having a height defined by a standard of 3.5-inch disk devices (lines 1-4 of patented claim 1); ten or more magnetic disks rotatably disposed in the housing (lines 5-6 of patented claim 1); a head actuator comprising a plurality of magnetic heads and rotatably provided in the housing (lines 7-8 of patented claim 1); a flexible printed circuit unit disposed on the bottom wall in the housing and connected to the head actuator (lines 9-10 of patented claim 1); and a printed circuit board mounted with electronic components including an interface connector, a relay connector, and a motor drive IC, disposed to oppose an outer surface of the bottom wall at a location that does not overlap a region opposing the magnetic disks (lines 10-15 of patented claim 1, i.e., “a location offset from a region opposing the magnetic disks” corresponds to “a location that does not overlap a region opposing the magnetic disks”).
With respect to pending claim 12, U.S. Patent No. 12,525,259 claims wherein the magnetic disks have a thickness of 0.5 to 0.635 mm and are stacked on and supported by a hub of a motor provided in the housing (lines 1-4 of patented claim 2).
With respect to pending claim 13, U.S. Patent No. 12,525,259 claims wherein the magnetic disks have a diameter of 95 to 97 mm and are stacked on and supported by a hub of a motor provided in the housing (lines 1-4 of patented claim 3).
With respect to pending claim 14, U.S. Patent No. 12,525,259 claims wherein the cover of the housing includes an inner cover fixed to the base to close an upper opening of the base and opposing the bottom wall, and an outer cover overlaid on the inner cover and welded to the base (lines 1-5 of patented claim 4), and a low-density gas having a density lower than that of air is enclosed in the housing (lines 5-7 of patented claim 4).
With respect to pending claim 15, U.S. Patent No. 12,525,259 claims wherein the head actuator comprises an actuator block rotatably provided on the bottom wall, arms extending from the actuator block, and a suspension assembly attached to each arm and supporting at least one of the magnetic heads (lines 1-6 of patented claim 5), and the printed circuit board is disposed to oppose the outer surface of the bottom wall at a location offset from a region opposing an area where the actuator block, the arms, and the suspension assemblies comprising the magnetic heads of the head actuator is movable (lines 6-11 of patented claim 5).
With respect to pending claim 16, U.S. Patent No. 12,525,259 claims wherein the housing comprises a recess formed in the outer surface of the bottom wall and having a shape corresponding to a shape of the printed circuit board (lines 1-4 of patented claim 6), and the printed circuit board is disposed in the recess to be overlaid on the recess (lines 4-6 of patented claim 6).
With respect to pending claim 17, U.S. Patent No. 12,525,259 claims wherein the recess has a depth corresponding to a thickness of the printed circuit board comprising the mounted electronic components (lines 1-4 of patented claim 7).
With respect to pending claim 18, U.S. Patent No. 12,525,259 claims wherein the printed circuit board is a multi-layered printed circuit board having six layers (lines 1-3 of patented claim 8).
With respect to pending claim 19, U.S. Patent No. 12,525,259 claims wherein the printed circuit board has a thickness of 0.8 mm (lines 1-2 of patented claim 9).
With respect to pending claim 20, U.S. Patent No. 12,525,259 claims wherein the printed circuit board comprises a constricted portion, and the motor drive IC is provided at a location apart from the constricted portion (lines 1-4 of patented claim 10).
With respect to pending claim 21, U.S. Patent No. 12,525,259 claims wherein the constricted portion of the printed circuit board is arranged at a location between an edge of the bottom wall and a region opposing the actuator block (lines 1-4 of patented claim 11).
Claims 11-21 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-4 and 6-10 of U.S. Patent No. 12,125,506. Although the claims at issue are not identical, they are not patentably distinct from each other because pending claims 11-21 are anticipated by or obvious over patented claims 1-4 and 6-10 of U.S. Patent No. 12,125,506 as follows:
With respect to pending claim 11, U.S. Patent No. 12,125,506 claims a disk device comprising a housing comprising a base including a bottom wall and a cover fixed to the base and having a height defined by a standard of 3.5-inch disk devices (lines 1-4 of patented claim 1, or lines 1-7 of patented claim 10); ten or more magnetic disks rotatably disposed in the housing (lines 5-6 of patented claim 1, or lines 10-11 of patented claim 10); a head actuator comprising a plurality of magnetic heads and rotatably provided in the housing (lines 7-9 of patented claim 1, or lines 12-14 of patented claim 10); a flexible printed circuit unit disposed on the bottom wall in the housing and connected to the head actuator (lines 12-13 of patented claim 1, or lines 17-18 of patented claim 10); and a printed circuit board mounted with electronic components including an interface connector, a relay connector, and a motor drive IC, disposed to oppose an outer surface of the bottom wall at a location that does not overlap a region opposing the magnetic disks (lines 14-18 of patented claim 1, or lines 19-23 of patented claim 10, i.e., “a location off from a region opposing the magnetic disks” corresponds to “a location that does not overlap a region opposing the magnetic disks”).
With respect to pending claim 12, U.S. Patent No. 12,125,506 claims wherein the magnetic disks have a thickness of 0.5 to 0.635 mm and are stacked on and supported by a hub of a motor provided in the housing (lines 1-4 of patented claim 4).
With respect to pending claim 13, U.S. Patent No. 12,125,506 claims wherein the magnetic disks have a diameter and are stacked on and supported by a hub of a motor provided in the housing (lines 1-4 of patented claim 4).
With respect to pending claim 13, U.S. Patent No. 12,125,506 does not claim that the diameter is “95 to 97 mm.” This, however, is a notoriously old and well known disk diameter range and it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have claimed such since selecting a known disk diameter range on the basis of its suitability for the intended use is considered to be within the level of ordinary skill in the art.
With respect to pending claim 14, U.S. Patent No. 12,125,506 claims wherein the cover of the housing includes an inner cover fixed to the base to close an upper opening of the base and opposing the bottom wall, and an outer cover overlaid on the inner cover and welded to the base (lines 2-6 of patented claim 10), and a low-density gas having a density lower than that of air is enclosed in the housing (lines 7-9 of patented claim 10).
With respect to pending claim 15, U.S. Patent No. 12,125,506 claims wherein the head actuator comprises an actuator block rotatably provided on the bottom wall, arms extending from the actuator block, and a suspension assembly attached to each arm and supporting at least one of the magnetic heads (lines 7-11 of patented claim 1, or lines 12-16 of patented claim 10), and the printed circuit board is disposed to oppose the outer surface of the bottom wall at a location offset from a region opposing an area where the head actuator is movable (lines 16-21 of patented claim 1, or lines 21-26 of patented claim 10).
With respect to pending claim 16, U.S. Patent No. 12,125,506 claims wherein the housing comprises a recess formed in the outer surface of the bottom wall and having a shape corresponding to a shape of the printed circuit board (lines 1-4 of patented claim 8), and the printed circuit board is disposed in the recess to be overlaid on the recess (lines 4-6 of patented claim 8).
With respect to pending claim 17, U.S. Patent No. 12,125,506 claims wherein the recess has a depth corresponding to a thickness of the printed circuit board comprising the mounted electronic components (lines 1-4 of patented claim 9).
With respect to pending claim 18, U.S. Patent No. 12,125,506 claims wherein the printed circuit board is a multi-layered printed circuit board having six layers (lines 1-3 of patented claim 6).
With respect to pending claim 19, U.S. Patent No. 12,125,506 claims wherein the printed circuit board has a thickness of 0.8 mm (lines 1-2 of patented claim 7).
With respect to pending claim 20, U.S. Patent No. 12,125,506 claims wherein the printed circuit board comprises a constricted portion, and the motor drive IC is provided at a location apart from the constricted portion (lines 1-4 of patented claim 2).
With respect to pending claim 21, U.S. Patent No. 12,125,506 claims wherein the constricted portion of the printed circuit board is arranged at a location between an edge of the bottom wall and a region opposing the actuator block (lines 1-4 of patented claim 3).
Claims 11-14 and 18-19 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-2 and 4-9 of U.S. Patent No. 11,817,132. Although the claims at issue are not identical, they are not patentably distinct from each other because pending claims 11-14 and 18-19 are anticipated by or obvious over patented claims 1-2 and 4-9 of U.S. Patent No. 11,817,132 as follows:
With respect to pending claim 11, U.S. Patent No. 11,817,132 claims a disk device comprising a housing comprising a base including a bottom wall and a cover fixed to the base and having a height defined by a standard of 3.5-inch disk devices (lines 1-5 of patented claim 1, or lines 1-8 of patented claim 9); ten or more magnetic disks rotatably disposed in the housing (lines 6-7 of patented claim 1, or lines 10-11 of patented claim 10); a head actuator comprising a plurality of magnetic heads and rotatably provided in the housing (lines 8-11 of patented claim 1, or lines 12-15 of patented claim 9); a flexible printed circuit unit disposed on the bottom wall in the housing and connected to the head actuator (lines 12-15 of patented claim 1, or lines 16-19 of patented claim 9); and a printed circuit board mounted with electronic components including an interface connector, a relay connector, and a motor drive IC, disposed to oppose an outer surface of the bottom wall at a location that does not overlap a region opposing the magnetic disks (lines 16-20 of patented claim 1, or lines 20-24 of patented claim 9, i.e., “a location off from a region opposing the magnetic disks” corresponds to “a location that does not overlap a region opposing the magnetic disks”).
With respect to pending claim 12, U.S. Patent No. 11,817,132 claims wherein the magnetic disks have a thickness of 0.5 to 0.635 mm and are stacked on and supported by a hub of a motor provided in the housing (lines 1-4 of patented claim 2).
With respect to pending claim 13, U.S. Patent No. 11,817,132 claims wherein the magnetic disks have a diameter and are stacked on and supported by a hub of a motor provided in the housing (lines 1-4 of patented claim 2).
With respect to pending claim 13, U.S. Patent No. 11,817,132 does not claim that the diameter is “95 to 97 mm.” This, however, is a notoriously old and well known disk diameter range and it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have claimed such since selecting a known disk diameter range on the basis of its suitability for the intended use is considered to be within the level of ordinary skill in the art.
With respect to pending claim 14, U.S. Patent No. 11,817,132 claims wherein the cover of the housing includes an inner cover fixed to the base to close an upper opening of the base and opposing the bottom wall, and an outer cover overlaid on the inner cover and welded to the base (lines 2-6 of patented claim 9), and a low-density gas having a density lower than that of air is enclosed in the housing (lines 8-9 of patented claim 9).
With respect to pending claim 18, U.S. Patent No. 11,817,132 claims wherein the printed circuit board is a multi-layered printed circuit board having six layers (lines 1-3 of patented claim 5).
With respect to pending claim 19, U.S. Patent No. 11,817,132 claims wherein the printed circuit board has a thickness of 0.8 mm (lines 1-2 of patented claim 6).
Claims 15-17 and 20-21 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 4, 7 and 8 of U.S. Patent No. 11,817,132 in view of Sega et al. (US 5,862,011). Although the claims at issue are not identical, they are not patentably distinct from each other because pending claims 15-17 and 20-21 are obvious over patented claims 1, 4, 7 and 8 of U.S. Patent No. 11,817,132 in view of Sega et al. (US 5,862,011) as follows:
With respect to pending claim 15, U.S. Patent No. 11,817,132 claims wherein the printed circuit board is disposed to oppose an outer surface of the bottom wall at a location (lines 18-20 of patented claim 1).
With respect to pending claim 15, U.S. Patent No. 11,817,132 does not claim “wherein the head actuator comprises an actuator block rotatably provided on the bottom wall, arms extending from the actuator block, and a suspension assembly attached to each arm and supporting at least one of the magnetic heads” and that the printed circuit board is disposed at a location is “offset from a region opposing an area where the actuator block, the arms, and the suspension assemblies comprising the magnetic heads of the head actuator is movable.”
Sega et al. (US 5,862,011) teach that a head actuator comprising an actuator block (8) rotatably provided on a bottom wall (17), arms (each 6) extending from the actuator block, and a suspension assembly (each 5) attached to each arm and supporting at least one of a plurality of magnetic heads (each 4), and that a printed circuit board (21) disposed at a location offset from a region opposing an area where the actuator block, the arms, and the suspension assemblies comprising the magnetic heads of the head actuator is movable (as shown in FIG. 1, for instance) is a notoriously old and well known disk device configuration in the art. Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have claimed that the head actuator comprises an actuator block rotatably provided on the bottom wall, arms extending from the actuator block, and a suspension assembly attached to each arm and supporting at least one of the magnetic heads, and that the printed circuit board is disposed at a location is “offset from a region opposing an area where the actuator block, the arms, and the suspension assemblies comprising the magnetic heads of the head actuator is movable.
With respect to pending claim 16, U.S. Patent No. 11,817,132 claims wherein the housing comprises a recess formed in the outer surface of the bottom wall and having a shape corresponding to a shape of the printed circuit board (lines 1-4 of patented claim 7), and the printed circuit board is disposed in the recess to be overlaid on the recess (lines 5-6 of patented claim 7).
With respect to pending claim 17, U.S. Patent No. 11,817,132 claims wherein the recess has a depth corresponding to a thickness of the printed circuit board comprising the mounted electronic components (lines 1-4 of patented claim 8).
With respect to pending claim 21, U.S. Patent No. 11,817,132 claims wherein the printed circuit board comprises a constricted portion, and the motor drive IC is provided at a location apart from the constricted portion (lines 1-4 of patented claim 4).
With respect to pending claim 22, U.S. Patent No. 11,817,132 does not claim “wherein the constricted portion of the printed circuit board is arranged at a location between an edge of the bottom wall and a region opposing the actuator block.”
Sega et al. (US 5,862,011) teach that a constricted portion of a printed circuit board (21) being arranged at a location between an edge of a bottom wall (17) and a region opposing an actuator block (8, as shown in FIG. 1, for instance) is a notoriously old and well known disk device configuration in the art. Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have claimed that the constricted portion of the printed circuit board is arranged at a location between an edge of the bottom wall and a region opposing the actuator block.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Craig A. Renner whose telephone number is (571) 272-7580. The examiner can normally be reached Monday-Friday 9:00 AM - 7:30 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Steven Lim can be reached on (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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/CRAIG A. RENNER/Primary Examiner, Art Unit 2688
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