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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on April 29, 2025 has been entered.
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 1-3, 6-8 and 21 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.
Claim 1 recites “a respective one of the cartridge pockets” in Line 22. Antecedent basis for this limitation has already been set forth. As such, it is unclear whether this limitation is the same as previously recited or a different feature. Appropriate correction required.
Claim 1 recites “a respective cartridge pocket” in Line 25. Antecedent basis for this limitation has already been set forth. In particular, the claim previously sets forth “a respective one of the cartridge pockets.” It is unclear whether the respective pocket is the respective one or not. Appropriate correction required.
Claim 1 recites “a respective cartridge fastener threaded aperture” in Line 32. Antecedent basis for this limitation has already been set forth. As such, it is unclear whether this limitation is the same as previously recited or a different feature. Appropriate correction required.
Claim 1 recites “a respective set screw threaded aperture” in Lines 37-38. Antecedent basis for this limitation has already been set forth. As such, it is unclear whether this limitation is the same as previously recited or a different feature. Appropriate correction required.
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.
Claims 1-3, 6-8, 21, 24 and 25 are rejected under 35 U.S.C. 103 as being unpatentable over Daniels (US Patent No. 5,788,426 A) in view of Kondou (EP 3401046 A1) and one of Robinson et al. (US Patent No. 6,739,807 B2) or Shibuya et al. (US Patent No. 10,744,574 B2).
(Claims 1, 24 and 25) Daniels discloses a rotary cutting tool cutter body (Figs. 1-3) having a rotational axis that extends axially between a shank end (18, 20 end capable of being fixed to a shank) and a cutter end (12), a circumferential exterior surface (Figs. 1-3), a plurality of cartridge pockets (Figs. 1-3) disposed in the circumferential exterior surface, and an annular channel disposed in the circumferential exterior surface and spaced apart from the shank end (Fig. 2; Col. 2, Lines 37-39). The annular channel is axially located between the plurality of cartridge pockets (28; Figs. 1-3, locations where the cartridges reside) and the shank end (18, 20). The cutter body includes a plurality of cartridge fastener threaded apertures (38). Each of said cartridge fastener threaded apertures is disposed in the cutter body in communication with one cartridge pocket of the plurality of cartridge pockets (Figs. 1-3). Each of the cartridge fastener threaded apertures extends along a cartridge fastener threaded apertures axis disposed at an angle, the angle being an included angle between a radial line perpendicular to the cutter body rotational axis and the cartridge fastener threaded aperture axis of the respective cartridge fastener threaded aperture of the plurality of cartridge fastener threaded apertures (Fig. 2). Each said cartridge pocket extends between the cutter end (12) of the cutter body and the annular channel (Fig. 2). The cutter body includes a plurality of set screw threaded apertures (48). Each of said set screw threaded apertures (48) extend axially between the annular channel and the shank end (20). Each respective said set screw threaded apertures (48) of the plurality of set screw threaded apertures is aligned with one cartridge pocket (Figs. 2, 3; Col. 3, Lines 17-34).
Each cartridge (30) of a plurality of cartridges (Figs. 1-4) has a cartridge body configured to be received within one of said cartridge pockets (28). The cartridge body has a fastener aperture (34, 54) that extends along a fastener aperture axis that is disposed at the angle. Each of a plurality of fasteners (36) extends through the fastener aperture of a respective said cartridge (Figs. 2, 3), and in threaded engagement with a respective said cartridge fastener threaded aperture (Fig. 2; Col. 2, Lines 56-61). Each of a plurality of cartridge axial adjustment mechanisms (46, 48) has a screw (46) and an engagement head (48). Each of the engagement heads (48) are disposed in the annular channel (22; Fig. 2). Each said screw is in threaded engagement with one set screw threaded aperture of the plurality of set screw threaded apertures (Fig. 2). Each said fastener (36) holds a respective said cartridge of the plurality of cartridges against one cartridge pocket (28) of the plurality of cartridge pockets, and biases the said cartridge against a said engagement head (as they are in contact when the fastener is locked in place, there is a bias applied). Daniels does not explicitly disclose the cartridge fastener threaded aperture axis being disposed at an acute angle or the cartridge axial adjustment mechanism having a set screw threaded into an engagement nut.
Kondou discloses a cartridge (5) with a fastening aperture (53) and cartridge fastener threaded aperture (39) in the cutter body (Fig. 3) disposed at an acute angle (Fig. 9; ¶¶ 0045, 0066). Tightening the fastener (6) moves the cartridge in against a side wall and the axial rear wall (away from the cutting end) (¶¶ 0045, 0066). At a time prior to filing it would have been obvious to one having ordinary skill in the art to modify the rotary cutter disclosed in Daniels with a fastening aperture and cartridge fastener threaded aperture to have an acute angle as taught by Kondou in order to secure the cartridge against side and rear support walls with holding forces acting on both (¶¶ 0045, 0066). This modification provides an oblique force acting on the cartridge pocket (and therefore the axial adjustment stop).
Robinson et al. (“Robinson”) discloses that axial adjustment stops (50, 52) are well known in the art. The stop may be a “flat headed screw engaging threaded holes in tool body 12, and studs mounted to tool body 12 with head members, wherein the stud and/or the head member are adjustable to position the blade abutting surface relative to tool body 12.” (Col. 3, Lines 26-32). That is, the head may be adjustable relative the threaded stud or set screw. This is a common configuration known in the art as evidenced by Shibuya et al. (US Patent No. 10,744,574 B2) (disclosing a threaded screw 29 threaded into an adjusting nut 27) (Col. 20, Lines 45-47) and Briggs (US Patent No. 3,606,666) (disclosing a screw 46 engaging with adjustment nut 42). At a time prior to filing one of ordinary skill would have found it obvious to one having ordinary skill in the art to provide the rotary cutter disclosed in Daniels with an adjustment nut threaded onto a screw as suggested by Robinson (as evidenced by Shibuya et al. and Briggs) as a simple substitution of one known element for another that provides the predictable result of providing axial adjustment. KSR International Co. v. Teleflex Inc., 550 U.S. 398, 418 (2007).
In the alternative, Shibuya et al. (“Shibuya”) discloses a threaded screw (29) threaded into an adjusting nut (27; Col. 20, Lines 45-47). At a time prior to filing one of ordinary skill would have found it obvious to one having ordinary skill in the art to provide the rotary cutter disclosed in Daniels with an adjustment nut threaded onto a screw as suggested by Shibuya as a simple substitution of one known element for another that provides the predictable result of providing axial adjustment. KSR, 550 U.S. at 418.
(Claims 2 and 3) The modified Daniels device discloses an acute angle, but does not explicitly disclose the claimed acute angle value. Yet, the angle is a result-effective variable because it impacts the clamping forces acting on the holder walls and the adjustment stop (i.e., nut). Therefore, it would have been obvious at a time prior to filing for one having ordinary skill in the art to provide the modified Daniels cutter with an angle within the range claimed in order to optimize the clamping forces between the cartridge and holder. See In re Aller, 220 F.2d 454, 456 (CCPA 1955) (“[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation.”).
(Claim 6) The plurality of cartridge pockets and the plurality of cartridges have mating geometries (Daniels Fig. 1; Col. 3, Lines 36-39).
(Claim 7) Each of the plurality of cartridge pockets has converging side walls configured in a V-shape, and each of the plurality of cartridges has a V-shaped body geometry that mates with the cartridge pocket (Daniels Fig. 1; Col. 3, Lines 36-39).
(Claim 8) Each of the plurality of cartridges include a cutting insert attached to the respective cartridge body (Daniels Fig. 4; Col. 3, Lines 13-16).
(Claim 21) Each said set screw threaded aperture (48) extends axially parallel to the cutter body rotational axis (Daniels Figs. 2, 3).
Double Patenting
Applicant is advised that should claim 1 be found allowable, claim 25 will be objected to under 37 CFR 1.75 as being a substantial duplicate thereof. When two claims in an application are duplicates or else are so close in content that they both cover the same thing, despite a slight difference in wording, it is proper after allowing one claim to object to the other as being a substantial duplicate of the allowed claim. See MPEP § 608.01(m).
Response to Arguments
Applicant's arguments filed November 14, 2025 have been fully considered but they are not persuasive. Applicant argues that the Kondou reference merely discloses that the fastener holds the cartridge against a surface. Examiner agrees. The fastener, disposed at the acute angle, applies a holding force against both the rear side wall and the axial abutment wall. The suggestion applied to Daniels would result in the cartridge therein being forced radially against the sidewall and axially against the stop (engagement nut). Thus, a prima facie case of obviousness has been established.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See Koik et al. (US Pub. No. 2014/0363243 A1); Okunishi et al. (JP 62-157710 A); Kinoshita et al. (US Patent No. 10,807,173 B2).
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 RYAN RUFO whose telephone number is (571)272-4604. The examiner can normally be reached Mon-Thurs.
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/RYAN RUFO/Primary Examiner, Art Unit 3722