Prosecution Insights
Last updated: July 05, 2026
Application No. 17/732,787

HOLDER AND CUTTING TOOL

Final Rejection §103
Filed
Apr 29, 2022
Priority
Jul 02, 2021 — JP 2021-110691
Examiner
WHITMIRE, ERIC DANIEL
Art Unit
3722
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
TUNGALOY Corporation
OA Round
4 (Final)
66%
Grant Probability
Favorable
5-6
OA Rounds
0m
Est. Remaining
98%
With Interview

Examiner Intelligence

Grants 66% — above average
66%
Career Allowance Rate
49 granted / 74 resolved
-3.8% vs TC avg
Strong +31% interview lift
Without
With
+31.4%
Interview Lift
resolved cases with interview
Typical timeline
3y 5m
Avg Prosecution
12 currently pending
Career history
94
Total Applications
across all art units

Statute-Specific Performance

§103
73.2%
+33.2% vs TC avg
§102
10.8%
-29.2% vs TC avg
§112
13.6%
-26.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 74 resolved cases

Office Action

§103
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. Claim(s) 1-2, 4-5, and 7-13 are rejected under 35 U.S.C. 103 as being unpatentable over Hirano et al. (US 20200230710 A1, hereinafter ‘Hirano’), and further in view of Fäldt et al. (US 20220193800 A1, hereinafter ‘Faldt’) and Kitajima (JP 2009178789 A). Regarding claim 1, Hirano teaches a holder 1 of a cutting insert 4, wherein the holder is configured: to have a length along each direction of an X axis, a Y axis and a Z axis which are orthogonal to one another (all shown in the annotated figure below); to hold the cutting insert 4 including a cutting edge 43 to perform turning on a work that moves along the Z axis; to be installed in a tool rest extending in the X axis direction so that relative movement of the holder in the X axis direction with respect to the tool rest is possible such that a projection amount of the holder and the cutting insert along the X axis is changeable (where the holder body 1 can be held by a tool rest at different depths along the X axis); and to perform turning on the work using the cutting insert when the holder moves in the Y axis direction which is orthogonal to the X axis direction and to the Z axis direction (shown by the annotated figure below), wherein the holder 1 has a shape in which an end portion 1a thereof in the X axis direction is projected from the cutting edge 43 of the cutting insert along the X axis toward the work (Figs 1-3), and a positioning portion (shown in the annotated figure below) to determine a projection amount of the cutting insert 4 from the tool rest is disposed on the end portion 1a, and the end portion 1a has a shape including a flat portion that is orthogonal to the X axis direction (shown in the annotated figure below), and the positioning portion is disposed on the flat portion (shown in the annotated figure below), and the end portion 1a has a shape including a protruded portion (Figs 1-3) which is projected in the X axis direction, and the positioning portion is disposed at the tip of the protruded portion (shown in the annotated figure below claim 1). PNG media_image1.png 258 557 media_image1.png Greyscale Hirano does not explicitly disclose the holder is configured such that the end portion protrudes along the X axis direction more than the cutting edge of the cutting insert when the cutting insert is held by the holder so that the cutting edge performs turning on the work when the holder moves in the Y axis direction and the work moves along the Z axis. However, Faldt teaches the holder 15 is configured such that the end portion 15a protrudes along the X axis direction A1 more than the cutting edge 60 of the cutting insert 20 when the cutting insert is held by the holder (Fig 1). It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to modify Hirano to change the shape of the end portion to that of the holder as taught by Faldt in order to provide the necessary coolant flow to ensure the workpiece is kept at the proper temperature (Faldt, [0015]). In addition, Kitajima teaches the cutting edge 22 performs turning on the work 51 when the holder 10 moves in the Y axis direction and the work moves along the Z axis (Fig 2, [0019]). It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to modify Hirano to utilize the tool rest structure and movement of the workpiece as disclosed by Kitajima in order to machine bar stock repeatably while it is reciprocating in the axial direction (Kitajima, [0005]). Regarding claim 2, Hirano in view of Faldt and Kitajima teaches the holder of the cutting insert according to claim 1. Hirano also teaches the positioning portion (shown in the annotated figure below claim 1) is disposed along the X axis at a position that is distant from a corner edge of the cutting edge 43 by a predetermined dimension (Fig 1). Regarding claims 4-5, Hirano in view of Faldt and Kitajima teaches the holder of the cutting insert according to claim 2. Hirano does not explicitly disclose the end portion has a shape including an inclined portion having a side or a plane that is inclined along the Z axis direction, and the positioning portion is disposed on the inclined portion. Hirano also does not disclose the positioning portion is disposed in the inclined portion at a location closest to the work. However, Faldt teaches the end portion 15A has a shape including an inclined portion (shown in the annotated figure below) that is inclined along the Z axis direction, and the positioning portion is disposed on the inclined portion (where the positioning portion is the flat portion located at the end of the inclined portion, as best understood by the disclosure of the present application). Faldt also teaches the positioning portion is disposed in the inclined portion at a location closest to the work (where the corner of the positioning portion shares the same corner of the tool holder as the cutting edge). It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to modify Hirano to change the shape of the end portion to that of the holder as taught by Faldt in order to provide the necessary coolant flow to ensure the workpiece is kept at the proper temperature (Faldt, [0015]). PNG media_image2.png 232 393 media_image2.png Greyscale Regarding claim 7, Hirano in view of Faldt and Kitajima teaches the holder of the cutting insert according to claim 1. Hirano also teaches a stepped portion (shown by Fig 3, where the 15 exits), which has a stepped shape (Fig 3) to expand a region of the positioning portion along the Y axis, is formed on the end portion 1a. Regarding claim 8, Hirano in view of Faldt and Kitajima teaches the holder of the cutting insert according to claim 7. Hirano also teaches an oil filler port 15 is disposed in the stepped portion (Fig 3). Regarding claim 9, Hirano in view of Faldt and Kitajima teaches the holder of the cutting insert according to claim 1. Hirano does not explicitly disclose the holder performs turning on the work using the cutting insert when the holder moves in the Y axis direction, and the positioning portion is set such that the length from a Y axis direction reference plane of the holder, to a position of a corner edge of the cutting edge of the cutting insert is included in an installation range of the positioning portion from the Y axis direction reference plane in the holder. (The annotated figure below shows that the corner edge of the cutting insert is the same distance from the Y axis direction reference plane as the positioning portion.) PNG media_image3.png 295 514 media_image3.png Greyscale However, Kitajima teaches the holder 10 performs turning on the work 51 using the cutting insert 21 when the holder moves in the Y axis direction ([0019]). It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to modify Hirano to utilize the tool rest structure and movement of the workpiece as disclosed by Kitajima in order to machine bar stock repeatably while it is reciprocating in the axial direction (Kitajima, [0005]). Regarding claim 10, Hirano in view of Faldt and Kitajima teaches the holder cutting insert according to claim 1. Hirano also teaches a shank portion 1c has a straight shape (Fig 2). Regarding claim 11, Hirano in view of Faldt and Kitajima teaches the holder of the cutting insert according to claim 1. Hirano also teaches a limiting portion, which limits a possible width of relative movement of the holder with respect to the tool rest in the X axis direction to a predetermined range, is not disposed in a head portion or a shank portion. (There is no limiting portion utilized by the shank portion or the head portion of the holder 1). Regarding claim 12, Hirano in view of Faldt and Kitajima teaches the holder of the cutting insert according to claim 1. Hirano does not explicitly disclose the head portion is a head replacement type, where a head portion is replaceable and detachable from a shank portion. However, It would have been obvious to one having ordinary skill in the art at the time the invention was made to make the head portion (shown in the annotated figure below) replaceable and detachable form the shank portion (shown in the annotated figure below) in order to quickly swap out cutting inserts that have been preset into separated head portions, since it has been held that constructing a formerly integral structure in various elements involves only routine skill in the art. In re Dulberg, 289 F.2d 522, 523, 129 USPQ 348, 349 (CCPA 1961). PNG media_image4.png 208 535 media_image4.png Greyscale Regarding claim 13, Hirano in view of Faldt and Kitajima teaches a cutting tool comprising: the holder according to claim 1. Hirano also teaches a cutting insert 43 that is installed in the holder 1. Response to Arguments Applicant’s arguments with respect to claim(s) 1 have been considered but are moot because the new ground of rejection relies on a different combination of references than that 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 ERIC DANIEL WHITMIRE whose telephone number is (703)756-4729. The examiner can normally be reached 8 AM - 4 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, Sunil K. Singh can be reached at (571) 272-3460. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /ERIC DANIEL WHITMIRE/Examiner, Art Unit 3722 /SUNIL K SINGH/Supervisory Patent Examiner, Art Unit 3722
Read full office action

Prosecution Timeline

Show 6 earlier events
Jun 02, 2025
Response after Non-Final Action
Jul 29, 2025
Non-Final Rejection mailed — §103
Oct 17, 2025
Applicant Interview (Telephonic)
Oct 17, 2025
Examiner Interview Summary
Oct 24, 2025
Response Filed
Apr 15, 2026
Final Rejection mailed — §103
Jun 25, 2026
Examiner Interview Summary
Jun 25, 2026
Applicant Interview (Telephonic)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12661721
DRILL AND METHOD FOR MANUFACTURING MACHINED PRODUCT
4y 5m to grant Granted Jun 23, 2026
Patent 12661715
METHOD FOR MANUFACTURING ROLL MOLD, ROLL MOLD MANUFACTURING APPARATUS, NON-TRANSITORY COMPUTER READABLE MEDIUM, MICROLENS ARRAY, AND ROLL MOLD
4y 0m to grant Granted Jun 23, 2026
Patent 12654234
CHUCK APPARATUS
4y 4m to grant Granted Jun 16, 2026
Patent 12623294
PROCESSING TOOL
3y 7m to grant Granted May 12, 2026
Patent 12611744
SPINDLE AND CUTTING APPARATUS INCLUDING THE SAME
4y 3m to grant Granted Apr 28, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

5-6
Expected OA Rounds
66%
Grant Probability
98%
With Interview (+31.4%)
3y 5m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 74 resolved cases by this examiner. Grant probability derived from career allowance rate.

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