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 .
Examiner’s Notes
Examiner Ramos has been assigned to act on the present application which has received actions on merit by Examiner Trujillo, who is no longer at the Office. Accordingly, Examiner Ramos will continue with the entire prosecution of this application.
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, 11-18, 20-21 and 30 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 in lines 6-9 that the “first end of the at least one flow pressure supply channel is positioned to emit fluid to form a hydrostatic bearing positionable on the first side of the body between the workpiece and the first side of the body”, which renders the claim indefinite.
First, it is unclear how the first end of the flow pressure supply channel is being “positioned” to emit fluid to form a “hydrostatic bearing”. Further clarification is needed.
Second, it is unclear how exactly the “hydrostatic bearing” is being “positionable” on the first side of the body between the workpiece and the first side of the body, if this “hydrostatic bearing” is already set forth as being “on” the first side. How can this “hydrostatic bearing” be both on the first surface, and between the first surface. The way these limitations have been set forth is confusing. Further clarification is needed.
Third, the term “positionable” renders the claim indefinite as it is unclear where exactly this “hydrostatic bearing” is being defined at.
Fourth, a “hydrostatic bearing” is known in the art is a fluid-film bearing that use externally pressurized fluid to separate moving surfaces, providing non-contact operation, high stiffness, and minimal wear. As such, it is unclear how “fluid is passable to the hydrostatic bearing via the at least one flow pressure supply” if the hydrostatic bearing is the effect formed by the fluid-film bearing generated by ejection of fluid between the tool and the workpiece. The specific structure of this “hydrostatic bearing” needs to be defined for clarification purposes.
Claim 2 recites in lines 5-6 that said pump transfers a lubricant…to said hydrostatic bearing to form the hydrostatic bearing and maintain the hydrostatic bearing”, which renders the claim indefinite as it is unclear how the lubricant both is being transferred to the hydrostatic bearing and also forms the hydrostatic bearing and maintains the hydrostatic bearing. Further clarification is needed.
Claim 11 recites in lines 4-5 that the “at least one flow pressure supply channel being configured to emit fluid to form a hydrostatic bearing positionable between a first side of said body and a workpiece”, which renders the claim indefinite. The term “positionable” renders the claim indefinite as it is unclear where exactly this “hydrostatic bearing” is being defined at.
Claim 30 recites in line 2 “the second orifice” which renders the claim indefinite as there is insufficient antecedent basis for “the second orifice” as no “second orifice” has been introduce in either claim 30 or claim 24 from which claim 30 directly depends on. Further clarification is needed.
Claim Rejections - 35 USC § 102
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.
Claim(s) 1-3, 11, 14, 17 and 18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kaufmann et al. US 2018/0326500 (hereafter—Kaufmann--).
In regards to claim 1, Kaufmann discloses a tool (10) comprising a body, a cutting insert (to be disposed within pocket 12) that is positioned at least partially within said body, the body having a first side (36) and a second side (34) opposite1 the first side (36), at least one flow pressure supply channel (30) positioned within at least a portion of an internal area of said body, wherein said at least one flow pressure supply channel (30) has a first end (end where 32 is located at) and a second end (at 20) that is opposite to the first end of said at least one flow pressure supply channel (30), said first end (32) of the at least one flow pressure supply channel is positioned to emit fluid to form a hydrostatic bearing (effect created by the fluid ejection generated between 32 and the workpiece) positionable on the first side (36) of the body between the workpiece and the first side of the body to stabilize the body while the cutting insert engages the workpiece, and wherein said second end (at 20) of the at least one flow pressure supply channel (30) is in fluid communication with a reservoir supply (20) such that fluid is passable to the hydrostatic bearing (effect created by the fluid ejection generated between 32 and the workpiece) via the at least one flow pressure supply channel (30) to form the hydrostatic bearing (effect created by the fluid ejection generated between 32 and the workpiece) and maintain the hydrostatic bearing (e.g. via continuous fluid ejection), to stabilize the body while the cutting insert engages the workpiece.
In regards to claim 2, Kaufmann discloses the tool of claim 1, Kaufmann also discloses that said reservoir supply (30) is in fluid communication with a pump, and wherein said pump is either a part of said tool or is external to said tool ([0042]), and wherein said pump transfers a lubricant or coolant under pressure to said reservoir supply through said at least one flow pressure supply channel (30) and to said hydrostatic bearing to form the hydrostatic bearing and maintain the hydrostatic bearing while the insert engages the workpiece.
In regards to claim 3, Kaufmann discloses the tool of claim 1, Kaufmann also discloses that the body is rectangular in shape (Figure 1) such that the first end (where 12 is located at) of the body extends between the first side (36) of the body and the second side (34) of the body, the cutting insert being positioned on the first end (where 12 is located at) of the body to extend from the first end of the body to engage the workpiece.
In regards to claim 11, Kaufmann discloses a tool (10) comprising a body, a cutting insert located on or within at least a portion of said body (within 12), at least one flow pressure supply channel (30/26) located within said body, said at least one flow pressure supply channel (30/26) being configured to emit fluid to form a first hydrostatic bearing positionable between a first side of said body and a workpiece being engaged by the cutting insert (note that since fluid ejected from 32, is disposed between the first side of said body and the workpiece, and thus the tool of Kaufmann is capable of performing the function so as to form the first hydrostatic bearing), and wherein said at least one flow pressure supply channel (30/26) is in fluid communication with a reservoir supply (refer to the coolant supply in Kaufmann) to supply the fluid to form the first hydrostatic bearing and maintain the first hydrostatic bearing while the workpiece is engaged by the cutting insert to stabilize the body while the cutting insert engages the workpiece.
In regards to claim 14, Kaufmann discloses the tool of claim 11, Kaufmann also discloses a coolant channel (22a) that is in fluid communication with said cutting insert (within 12) and said reservoir supply.
In regards to claim 17, Kaufmann discloses the tool of claim 11, Kaufmann also discloses that the tool is a metal cutting tool (see abstract).
In regards to claim 18, Kaufmann discloses the tool of claim 17, Kaufmann also discloses that the tool is a turning tool.
Claim(s) 1, 4, 8-11, 17, 24-27, 29-31 and 32 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Heymanns US 4,133,089.
In regards to claim 1, Heymanns discloses a tool (Figure 1) comprising a body, a cutting insert (5) that is positioned at least partially within said body, the body having a first side (see annotated Figure 1 below) and a second side (annotated Figure 1 below) opposite2 the first side (36), at least one flow pressure supply channel (7) positioned within at least a portion of an internal area of said body (see phantom lines of 7), wherein said at least one flow pressure supply channel (8) has a first end (end where 8 is located at) and a second end that is opposite to the first end of said at least one flow pressure supply channel (8), said first end of the at least one flow pressure supply channel is positioned to emit fluid to form a hydrostatic bearing (column 3, lines 63-68 bridging into column 4, lines 1-10) positionable on the first side of the body between the workpiece and the first side of the body to stabilize the body while the cutting insert engages the workpiece, and wherein said second end of the at least one flow pressure supply channel (7) is in fluid communication with a reservoir supply (within shaft 15) such that fluid is passable to the hydrostatic bearing via the at least one flow pressure supply channel (8) to form the hydrostatic bearing (column 3, lines 63-68 bridging into column 4, lines 1-10) and maintain the hydrostatic bearing, to stabilize the body while the cutting insert engages the workpiece.
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In regards to claim 4, Heymanns discloses a tool comprising: a body, said body having a width (any width within the body), a length (any length within the body), and a height (any height within the body) forming an internal area of said body (see Figure 1), said body having a first end and a second end, and a middle section disposed between said first send and said second end of said body (see annotated Figure 1 above), the body also having a first side that extends between the first end and the second end of the body and a second side opposite the first side (see annotated Figure 1 above), the second side of the body also extending between the first end and the second end (see annotated Figure 1 above); a cutting insert (5) having a first end and a second end that is opposite to the first end of said cutting insert (see Figure 1), wherein said cutting insert (5) is positioned at least partially on or within the first end of the body (see Figure 1), and wherein said cutting insert (5) has a cutting edge, a first flow pressure supply channel (7) and a second flow pressure supply channel (another one of 7) that are each positioned within at least a portion of said internal area of said body of said tool (as indicated by phantom lines in Figure 1), the first flow pressure supply channel (7) having a first end (end of 7 close to 8) and a second end opposite the first end of the first flow pressure supply channel, the second flow pressure supply channel having a first end and a second end opposite the first end of the second flow pressure supply channel (as indicated by Heymanns, column 3, lines 35-42); the first side of the body having a first orifice (8/9 or 8/12) in fluid communication with said first end of said first flow pressure supply channel to emit fluid to define a first hydrostatic bearing between a workpiece and the first side of the body to stabilize the body while the workpiece is cut (column 3, lines 63-68 bridging into column 4, lines 1-10), and the second side of the body having a second orifice in fluid communication with said first end of said second flow pressure supply channel to emit fluid to define a second hydrostatic bearing between the workpiece and the second side of the body to stabilize the body while the workpiece is cut (column 3, lines 63-68 bridging into column 4, lines 1-10); and wherein said second end of said first flow pressure supply channel (7) and said second end of said second flow pressure supply channel (another one of 7) are in fluid communication with a reservoir supply (inherently there is a supply source for feeding the fluid) for supplying the fluid to the first orifice and the second orifice.
In regards to claim 8, Heymanns discloses the tool of claim 4, Heymanns also discloses that the second end of said cutting insert is positioned within the body of the tool (see Figure 1), and wherein a portion of said first end of said cutting insert and said cutting edge of the cutting insert protrude beyond said first end of said body (see Figure).
In regards to claim 9, Heymanns discloses the tool of claim 4, Heymanns also discloses that the supply reservoir contains a fluid that is a lubricant.
In regards to claim 10, Heymanns discloses the tool of claim 4, Heymanns also discloses that a hydrostatic effect occurs between said first end of said cutting insert and a workpiece when said tool is in operation.
In regards to claim 11, Heymanns discloses a tool (Figure 1) comprising a body, a cutting insert (5) located on or within at least a portion of said body (Figure 1), at least one flow pressure supply channel (7) located within said body (phantom lines 7 as in Figure 1), said at least one flow pressure supply channel (7) being configured to emit fluid to form a first hydrostatic bearing (column 3, lines 63-68 bridging into column 4, lines 1-10) positionable between a first side of said body and a workpiece being engaged by the cutting insert (column 3, lines 63-68 bridging into column 4, lines 1-10), and wherein said at least one flow pressure supply channel (7) is in fluid communication with a reservoir supply (the supply that provides lubricant) to supply the fluid to form the first hydrostatic bearing and maintain the first hydrostatic bearing while the workpiece is engaged by the cutting insert to stabilize the body while the cutting insert engages the workpiece (column 3, lines 63-68 bridging into column 4, lines 1-10).
In regards to claim 17, Heymanns discloses the tool of claim 11, Heymanns also discloses that the tool is capable of being a metal cutting tool (so as to cut metal).
In regards to claim 24, Heymanns discloses a cutting tool, capable of machining metal, comprising; a body (1), said body having a cutting edge or an interface for a cutting insert (5), at least one channel (7) capable of supplying a pressurized fluid to a section where said metal cutting tool (1) is engaging with a workpiece, and at least one orifice (8) that is in fluid communication with at least one said channel (7) to form at least one hydrostatic fluid bearing between said workpiece and said body of said metal cutting tool, such that said at least one hydrostatic fluid bearing stabilizes said metal cutting tool while the metal cutting tool engages the workpiece (column 3, lines 63-68 bridging into column 4, lines 1-10).
In regards to claim 25, Heymanns discloses the tool of claim 24, Heymanns also discloses that said at least one orifice includes an arrangement of orifices that result in each resulting force of said at least one hydrostatic fluid bearing are in balance (column 3, lines 35-42 and column 3, lines 63-68 bridging into column 4, lines 1-10).
In regards to claim 26, Heymanns discloses the tool of claim 24, Heymanns also discloses that said at least one orifice includes multiple orifices that are arranged in a way that one or more forces of-said at least one hydrostatic fluid bearing are balanced by forces from bending of said metal cutting tool (column 3, lines 35-42 and column 3, lines 63-68 bridging into column 4, lines 1-10).
In regards to claim 27, Heymanns discloses the tool of claim 24, Heymanns also discloses that said at least one orifice includes multiple orifices and each of said orifices are located adjacent to-said section where said metal cutting tool is engaging with the workpiece, said section being a cutting region (see Figure 1).
In regards to claim 29, Heymanns discloses the tool of claim 24, Heymanns also discloses that said at least one orifice includes a first orifice positioned on a first side of the body and a second orifice positioned on a second side of the body, and the at least one hydrostatic bearing includes a first hydrostatic bearing formed on the first side of the body between the body and the workpiece via the first orifice and a second hydrostatic bearing formed on the second side of the body between the workpiece and the second side of the body via the second orifice (column 3, lines 35-42 and column 3, lines 63-68 bridging into column 4, lines 1-10 and annotated Figure 1 above).
In regards to claim 30, Heymanns discloses the tool of claim 24, Heymanns also discloses that that said first orifice (8) is set off (as in offset) from the second orifice (the other one of 8).
In regards to claim 31, Heymanns discloses the tool of claim 24, Heymanns also discloses that a coolant lubricant of said machine tool used in a metal cutting process, is employed as a fluid to pressurize the at least one hydrostatic fluid bearing (column 3, lines 63-68 bridging into column 4, lines 1-10).
In regards to claim 32, Heymanns discloses a cutting tool (Figure 1) comprising: a body (1) having a cutting edge or an interface for a cutting insert (5), the body also having at least one channel (channel 7) configured for supplying a pressurized fluid to a section at which the cutting tool engages with a workpiece; the body also having at least one orifice (8) that is in fluid communication with the at least one channel (7) to form at least one hydrostatic fluid bearing (column 3, lines 63-68 bridging into column 4, lines 1-10) between said workpiece and the body and wherein the at least one hydrostatic fluid bearing has a stabilizing effect on the cutting tool so that one or more forces of the at least one hydrostatic fluid bearing are balanced by other forces while the cutting tool cuts the workpiece (column 3, lines 63-68 bridging into column 4, lines 1-10).
Claim(s) 4, 6, 11 and 14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hyatt et al. US 5,540,526 (hereafter—Hyatt--).
In regards to claim 4, Hyatt discloses a tool comprising: a body, said body having a width(any width within the body), a length (any length within the body), and a height (any height within the body) forming an internal area of said body (see Figure 1), said body having a first end and a second end, and a middle section disposed between said first send and said second end of said body (see annotated Figure 1 below), the body also having a first side that extends between the first end and the second end of the body and a second side opposite the first side (see annotated Figure 1 below), the second side of the body also extending between the first end and the second end (see annotated Figure 1 below); a cutting insert (48) having a first end and a second end that is opposite to the first end of said cutting insert (see Figure 1), wherein said cutting insert (48) is positioned at least partially on or within the first end of the body (see Figure 1), and wherein said cutting insert (48) has a cutting edge, a first flow pressure supply channel (34) and a second flow pressure supply channel (another one of 34) that are each positioned within at least a portion of said internal area of said body of said tool (see Figure 3A), the first flow pressure supply channel (34) having a first end (end of 34 close to 36) and a second end opposite the first end of the first flow pressure supply channel, the second flow pressure supply channel having a first end and a second end opposite the first end of the second flow pressure supply channel (see Figure 3A); the first side of the body having a first orifice (36) in fluid communication with said first end of said first flow pressure supply channel to emit fluid to define a first hydrostatic bearing between a workpiece and the first side of the body to stabilize the body while the workpiece is cut (column 8, lines 57-63), and the second side of the body having a second orifice in fluid communication with said first end of said second flow pressure supply channel to emit fluid to define a second hydrostatic bearing between the workpiece and the second side of the body to stabilize the body while the workpiece is cut (column 8, lines 57-63); and wherein said second end of said first flow pressure supply channel (34) and said second end of said second flow pressure supply channel (34) are in fluid communication with a reservoir supply (inherently there is a supply source for feeding the fluid) for supplying the fluid to the first orifice and the second orifice.
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In regards to claim 6, Hyatt discloses the tool of claim 4, Hyatt also discloses at least one coolant channel (33) positioned within a portion of said internal area of said body (see Figure 3A), wherein said coolant channel (33) has a first end and a second end that is opposite to said first end, and wherein said first send of said coolant channel is in fluid communication with said cutting insert (48) (via slanted coolant branches shown in Figure 2) and wherein said second end of said coolant channel is in fluid communication with the reservoir supply (source of feeding the coolant).
In regards to claim 11, Hyatt discloses a tool (Figure 1) comprising a body, a cutting insert (48) located on or within at least a portion of said body (Figure 1), at least one flow pressure supply channel (34) located within said body (Figure 3A), said at least one flow pressure supply channel (34) being configured to emit fluid to form a first hydrostatic bearing (column 8, lines 57-63) positionable between a first side of said body and a workpiece being engaged by the cutting insert (column 8, lines 57-63), and wherein said at least one flow pressure supply channel (34) is in fluid communication with a reservoir supply (the supply that provides lubricant) to supply the fluid to form the first hydrostatic bearing and maintain the first hydrostatic bearing while the workpiece is engaged by the cutting insert to stabilize the body while the cutting insert engages the workpiece (column 8, lines 57-63)
In regards to claim 14, Hyatt discloses the tool of claim 11, Hyatt also discloses a coolant channel (33) that is in fluid communication with said cutting insert (at 48) and said reservoir supply (see Figure 2).
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) 5, 7, 12-13, 15-16, 20 and 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hyatt et al. US 5,540,526 (hereafter—Hyatt--) as applied to claims 4, 11 and 14 above.
In regards to claim 5, Hyatt discloses the tool of claim 4, Hyatt also discloses that said reservoir supply is in fluid communication with a reservoir supply conduit (33).
Hyatt fails to disclose that the reservoir supply conduit is in fluid communication with a pump, wherein said pump is either a part of said tool or is external to said tool, and wherein said pump transfers a lubricant or coolant under pressure to said reservoir supply. However, the Examiner takes Official Notice that pumps in cutting tools are well known and used for guiding machining fluid from the machining source to the cutting tool. Accordingly, the examiner takes Official Notice on that it would have been obvious to a person having ordinary skill in the art to provide a pump on Hyatt’s tool to guide machining fluid from the fluid supply to the cutting tool and thus, pass fluid to the first and second orifices in Hyatt.
In regards to claim 7, Hyatt discloses the tool of claim 6, Hyatt also discloses said reservoir supply (33).
Hyatt fails to disclose that the reservoir supply is in fluid communication with a pump, wherein said pump is either a part of said tool or is external to said tool, and wherein said pump transfers a lubricant or coolant under pressure to said reservoir supply through said coolant channel and to said cutting insert. However, the Examiner takes Official Notice that pumps in cutting tools are well known and used for guiding machining fluid from the machining source to the cutting tool. Accordingly, the examiner takes Official Notice on that it would have been obvious to a person having ordinary skill in the art to provide a pump on Hyatt’s tool to guide machining fluid from the fluid supply to the cutting tool and thus, pass fluid to said reservoir supply through said coolant channel and to said cutting insert in Hyatt.
In regards to claims 12-13, and 15-16, Hyatt discloses the tool of claim 11, 12, 14 and 15 respectively, Hyatt also discloses said reservoir supply.
Hyatt fails to disclose that the reservoir supply is in fluid communication with a pump, wherein said pump is either a part of said tool or is external to said tool (claim 15), and wherein said pump transfers a lubricant or coolant under pressure to said reservoir supply through said flow pressure supply channel and to said hydrostatic bearing (claim 13/12) or to said reservoir supply through said coolant channel and to said cutting insert (claim 16).
However, the Examiner takes Official Notice that pumps in cutting tools are well known and used for guiding machining fluid from the machining source to the cutting tool. Accordingly, the examiner takes Official Notice on that it would have been obvious to a person having ordinary skill in the art to provide a pump on Hyatt’s tool to guide machining fluid from the fluid supply to the cutting tool and thus, pass fluid to said reservoir supply through said flow pressure supply channel and to said hydrostatic bearing or to said reservoir supply through said coolant channel and to said cutting insert in Hyatt.
In regards to claim 20, Hyatt discloses the tool of claim 11, Hyatt also discloses the tool, but Hyatt is silent as to how the tool is made. However, the recitation that the tool is produced by additive manufacturing, is considered to be a product by process limitation. In product-by-process claims, "once a product appearing to be substantially identical is found and a 35 U.S.C. 102/103 rejection [is] made, the burden shifts to the applicant to show an unobvious difference." MPEP 2113. This rejection under 35 U.S.C. 102/103 is proper because the "patentability of a product does not depend on its method of production." In re Thorpe, 227 USPQ 964,966 (Fed. Cir.1985).
In regards to claim 21, Hyatt discloses the tool of claim 11, Hyatt also discloses the tool, but Hyatt is silent as to the tool’s material. Steel, tungsten carbide, or a cobalt alloy are all well-known type of metals. At a time prior to filing it would have been obvious to one having ordinary skill to provide the base body from steel, tungsten carbide, or a cobalt alloy in order to take advantage of the strength and wear characteristics of the material. See MPEP § 2144.07 (“The selection of a known material based on its suitability for its intended use supported a prima facie obviousness determination in Sinclair & Carroll Co. v. Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945)”). See also In re Leshin, 277 F.2d 197 (CCPA 1960) (selection of a known plastic to make a container of a type made of plastics prior to the invention was held to be obvious).
Claim(s) 28 and 33 is/are rejected under 35 U.S.C. 103 as being unpatentable over Heymanns US 4,133,089 as applied to claims 24 and 32 above.
In regards to claim 28, Heymanns discloses the metal cutting tool of claim 24, Heymanns also discloses that said the cutting tool has a shape having a length and a width diameter, where inherently has a length to width diameter ratio.
However, Heymanns fails to disclose that the ratio is of a value greater than 5.
Nevertheless, since Heymanns discloses that the tool has an overall length which is greater than the width diameter, it would have been obvious to a person having ordinary skill in the art, to have the value of the ratio be greater than 5, depending on the size of workpiece being machined, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum value involves only routing skill in the art. In re Boesch, 205 USPQ 215.
In regards to claim 33, Heymanns discloses the metal cutting tool of claim 32, Heymanns also discloses that the at least one orifice (8) includes a first orifice (8) on a first side of the body and a second orifice (8) on a second side of the body and the other forces include forces from bending of the cutting tool (annotated Figure 1 above); and wherein the at least one hydrostatic fluid bearing includes a first hydrostatic bearing formed on the first side of the body via the pressurized fluid emitted from the first orifice, the at least one hydrostatic fluid bearing also including a second hydrostatic bearing formed on the second side of the body via the pressurized fluid emitted from the second orifice (column 3, lines 63-68 bridging into column 4, lines 1-10), the second orifice being offset from the first orifice (see Figure 1); and wherein the cutting tool has a shape having a length and a diameter, where inherently the tool has a length to diameter ratio.
However, Heymanns fails to disclose that the ratio is of a value greater than 5.
Nevertheless, since Heymanns discloses that the tool has an overall length which is greater than the width diameter, it would have been obvious to a person having ordinary skill in the art, to have the value of the ratio be greater than 5, depending on the size of workpiece being machined, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum value involves only routing skill in the art. In re Boesch, 205 USPQ 215.
Response to Arguments
Applicant’s arguments filed on 09/24/2025 with respect to claims 1-18, 20-21, 24-32 and 33 have been carefully and fully considered, and in light of Applicant’s amendments, a new ground(s) of rejection have been incorporated as aforementioned.
Regarding the Kauffmann reference and claims 1 and 11, Applicant argues on pages 13 and 15, that Kaufmann fails to teach different orifices in different sides of a body that each can emit fluid for forming first and second hydrostatic bearings, as best understood, since Kaufmann fails to mention the term “bearing” and in Kaufmann the orifices emit coolant fluid to provide cooling. The Examiner respectfully disagrees.
In response to applicant's argument that Kaufmann orifices emit coolant to provide cooling and thus, cannot emit fluid for forming hydrostatic bearings, a recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. The tool of Kaufmann is capable of ejecting coolant from the orifices toward a rotating workpiece to be turned. The coolant being emitted from the orifices, will form a bearing film between the orifice and the workpiece, and thus provide a “hydrostatic bearing” as claimed. As such, the Examiner’s interpretation is not precluded.
In response that the construction of the term “hydrostatic bearing” was ignore as the construction disregarded the explicit terms of claim 11 and the Specification, is not proper. Applicant's arguments fail to comply with 37 CFR 1.111(b) because they amount to a general allegation that the claims define a patentable invention without specifically pointing out how the language of the claims patentably distinguishes them from the references. Because the claimed structural limitations were disclosed in Kaufmann, as set forth above, it is respectfully noted that the term “hydrostatic bearing” was not ignored. It is noted that the “hydrostatic bearing” as set forth in the claims, lacks specific structure that clearly differentiates from that structure disclosed in Kaufmann. The Examiner suggests adding structural limitations to clearly differentiate Applicant’s “hydrostatic bearing” from the prior art. The tool of Kaufmann is capable of ejecting coolant from the orifices toward a rotating workpiece to be turned. The coolant being emitted from the orifices, will form a bearing film between the orifice and the workpiece, and thus provide a “hydrostatic bearing” as claimed. As such, the Examiner’s interpretation is not precluded.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NICOLE N RAMOS whose telephone number is (571)272-5134. The examiner can normally be reached Mon-Thu 7:00 am -5:00 pm.
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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.
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/NICOLE N RAMOS/Primary Examiner, Art Unit 3722
1 “located at the other end, side, or corner of something” OPPOSITE Simple Definition - Merriam-Webster
2 “located at the other end, side, or corner of something” OPPOSITE Simple Definition - Merriam-Webster
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