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 .
Specification
The amended statement of incorporation by reference to International Application No. PCT/CN2022/098842 and Chinese Application No. 202110857648.0 (12/08/2022 Preliminary Amendment at 2) is ineffective because it was added on the date of entry into the U.S. national phase, which is after the filing date of this application. The filing date of this U.S. national stage application is the filing date of the associated international application, which is 06/15/2022. MPEP § 1893.03(b). Thus, the specification amendment of 12/08/2022 is new matter. MPEP § 608.01(p)(I)(B). To be clear, the objection is not to the priority claim; the objection is only with respect to the incorporation-by-reference statement. Examiner suggests deleting the phrase in paragraph 0001, “the entire contents of which are incorporated herein by reference.”
Applicant is required to cancel the new matter in the reply to this Office action.
Claim Objections
Claim 3 is objected to because of the following informalities:
“of air jet holes” (claim 3, line 4) should be changed to --of the air jet holes--.
Claim Rejections – 35 U.S.C. § 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.
Claim 3 is 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 3 recites the limitation “the combined number of cutting edges of the hollow cutter.” There is insufficient antecedent basis for this limitation (“the combined number”) in the claim, which renders the claim unclear and ambiguous. Further, this limitation is indefinite because it is unclear and fails to inform a person of ordinary skill in the art what this means. Specifically, it is unclear whether the term “combined number of cutting edges” refers to the number of edges of the “front cutting edges” (line 3) or of the “spiral cutting edges” (line 4), or of their combined total. For examination purposes, the interpretation used will be that “combined number of cutting edges” refers to the “spiral cutting edges”, such that a number of the air jet holes is equal to or less a number of the spiral cutting edges (Fig. 2, air jet holes 1; Spec. (of 12/08/2022 Preliminary Amendment) ¶ 0030, referring to the air jet holes in relation to the cylindrical surface of the cutter where the spiral cutting edges lie (and not to the end surface of the cutter where the front cutting edges lie), “the locations of the air jet holes 1 cannot damage cutting edges on an outer cylindrical surface of the hollow cutter 3, the number of air jet holes is equal to or less than that of the cutting edges of the hollow cutter” (emphasis added)). Examiner notes that there does not appear to be support for the interpretation that the number of air jet holes is equal to or less than the sum of the front cutting edges and the spiral cutting edges.
Allowable Subject Matter
Claims 1-2 and 4-8 are allowed. Claim 3 would be allowable if rewritten to overcome the rejection under 35 U.S.C. § 112(b) as set forth in this Office action. Examiner’s reasons for allowance are stated in the Office Action dated 04/16/2026.
Response to Amendment
Applicant’s Amendment and remarks have been considered.
Drawings – The objections to the drawings are withdrawn in view of Applicant’s amendments
Specification – The objection to the specification is sustained (see above).
Claims – In light of Applicant’s claim amendments, the § 112(b) rejections are hereby withdrawn, with the exception of the rejection (modified due to amendment) of claim 3 (see above).
Claims 1-8 are pending. Claim 3 is rejected. Claims 1-2 and 4-8 are allowed.
Response to Arguments
Applicant’s arguments regarding the § 112(b) rejection of claim 3 is conclusory and not persuasive (see explanation in rejection above).
Applicant does not present any further arguments concerning the remaining claims.
Conclusion
Applicant’s amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 C.F.R. § 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 extension fee pursuant to 37 C.F.R. § 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KENT N SHUM whose telephone number is (703)756-1435. The examiner can normally be reached 1230-2230 EASTERN TIME M-TH.
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, MONICA S CARTER can be reached at (571)272-4475. 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.
/KENT N SHUM/Examiner, Art Unit 3723
/MONICA S CARTER/Supervisory Patent Examiner, Art Unit 3723
Prosecution Insights