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 .
Response to Amendment
Applicant’s preliminary amendment filed 8/24/2023 has been entered.
Claims 1-20 are cancelled.
Claims 21-40 are new and now also pending.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 3/11/2024 is in compliance with the provisions of 37 CFR 1.97 and 1.98. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Objections
Claims 31 and 37 are objected to because of the following informalities:
-Claim 31, lines 2-3 recite “along the portion of said cutting wedge” should instead be “along a portion of said cutting wedge”.
-Claim 37, line 1, “claim 36wherein” should instead be recited as “claim 36 wherein
-Appropriate correction is required.
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 28, 33, and 39 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.
Regarding Claim 28, the claim recites “a distal end of said distal portion of said drill bit extends distally beyond a plane extending parallel to said top surface of said circumferentially-extending side wall.”. This limitation renders the claim indefinite because it is unclear as to what is meant by “a plane extending parallel to said top surface of said circumferentially-extending side wall”. First, said top surface of “said circumferentially-extending side wall” lacks antecedent basis within the claim. It would appear this is instead referring to the “circular distal end surface” defined in Claim 21 but this is not readily clear. Second, reciting “extending beyond a plane extending parallel” to the surface renders the claim further indefinite as there can be infinite amounts of planes that are parallel to such a surface without further reference. For examination purposes, this limitation will be interpreted as “a distal end of said distal portion of said drill bit extends distally beyond said circular distal end surface of said circumferentially-extending side wall.”.
Similarly, Claim 33 recites “said cutting wedge extends half of the distance between (i) a plane disposed parallel to said circular distal end surface of said circumferentially-extending side wall, and (ii) the top surface of said baseplate”. This limitation renders the claim indefinite because there can be infinite amounts of planes that are parallel to such a surface without further reference.
Regarding Claim 39, the claim recites “wherein a distal end of said distal portion of said drill bit extends distally beyond a plane extending parallel to said top surface of said circumferentially-extending side wall”. This limitation renders the claim indefinite for the same reasons as outlined in the rejection of Claim 28 above.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 21-25, 28-32, 34-37 and 40 are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by Lourenco (US PGPUB 2017/0120347-cited in IDS).
Regarding Claim 21, Lourenco discloses a method for drilling out a plug of material (Para. 0008), said method comprising:
providing apparatus (110; Figure 4G) comprising:
a base plate (20; see Figure 2A) having a top surface (facing 64), a bottom surface (facing 44), and a central longitudinal axis (“X”);
a circumferentially-extending side wall (22) extending distally from said top surface of said base plate (20 as shown; Para. 0040), said circumferentially-extending side wall (22) terminating in a circular distal end surface (24);
a drill bit (116; Figure 4E-4F) centered on said central longitudinal axis (X) of said base plate (20) and extending distally therefrom, said drill bit (116) comprising a distal portion (threaded tip 182), a proximal portion (shaft 162 and shank) and an intermediate portion (164) extending between said distal portion (182) and said proximal portion (162; Para. 0054);
wherein said intermediate portion (164) of said drill bit (116) comprises a first laterally-extending flat (defined by 174; see “Annotated View of Figure 4F” below) comprising a cutting edge (189) disposed a first distance away from said central longitudinal axis (X; see below) towards said circumferentially-extending side wall (22) and a second laterally-extending flat (defined by other side of 174) extending a second distance away from said central longitudinal axis (X) towards said circumferentially-extending side wall (22), and further wherein said first distance is greater than said second distance (as shown below; note Para. 0057 outlines “r2” is less than “r1”; note that the different sides 172 and 174 can alternatively be viewed as different laterally extending flats and extend at different distances from the longitudinal axis “X”; Note further alternatively, one can readily view the region of “second width” and “first width” as separate laterally extending flats);
contacting the material with said drill bit (116; Para. 0059);
rotating said drill bit (116) such that said drill bit and said circumferentially-extending side wall (22) engage with, advance into, and pass through, the material such that a plug of the material is cut out of the material (see Para. 0059).
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Annotated View of Figure 4F
Regarding Claim 22, Lourenco discloses said cutting edge (at 189) of said first laterally-extending flat is sharpened to facilitate cutting into the material (note Para. 0056 which outlines “cutting points” and therefore such structure must be sharp enough to facilitate cutting).
Regarding Claim 23, Lourenco discloses said drill bit is releasably mounted to said base plate (20 via the arbor per Para. 0054; see also Para. 0049 for reference), and further wherein rotation of said drill bit (116) effects simultaneous rotation of said base plate (20; Para. 0059).
Regarding Claim 24, Lourenco discloses said drill bit (116) further comprises a drill bit mounting plate (see flange 44 and collar 54 of arbor 14 in Figure 2A) mounted to said proximal portion (shank) of said drill bit (116), and further wherein said drill bit mounting plate (44, 54) comprises a plurality of tabs (52) configured to be received in a plurality of openings (28; Figure 3A) formed in said base plate (20; Para. 0048).
Regarding Claim 25, Lourenco discloses distal portion of said drill bit (116) comprises a tapered point (183; Figure 4E) centered on said longitudinal axis (X), and further wherein said tapered point (183) comprises a spiral recess (formed by threads 185) extending from a distal end (183) of said distal portion (182) of said drill bit (116) to a proximal end of said distal portion (182) of said drill bit (116; Para. 0055).
Regarding Claim 28, Lourenco discloses a distal end (183) of said distal portion (182) of said drill bit (116) extends distally beyond a plane extending parallel to a said circular distal end surface of said circumferentially-extending side wall (22; shown in Figure 4G).
Regarding Claim 29, Lourenco discloses said circumferentially-extending side wall (22) comprises an inner surface and an outer surface (as shown), and further wherein a cutting wedge (cutting inserts 30) is mounted to said inner surface of said circumferentially-extending side wall (22) and extends laterally inwardly in the direction of said longitudinal axis (X; shown in Figure 3A; Para. 0041-0042).
Regarding Claim 30, Lourenco discloses a method for drilling out a plug of material (Para. 0008), said method comprising:
providing apparatus (110; Figure 4G) comprising:
a base plate (20; see Figure 2A) having a top surface (facing 64), a bottom surface (facing 44), and a central longitudinal axis (“X”);
a circumferentially-extending side wall (22) extending distally from said top surface of said base plate (20 as shown; Para. 0040), said circumferentially-extending side wall (22) comprising an inner surface defining a circular recess enclosed by said circumferentially-extending side wall, an outer surface and a circular distal end surface (24);
a cutting wedge (cutting inserts 30) is mounted to said inner surface of said circumferentially-extending side wall (22) and extends laterally inwardly in the direction of said longitudinal axis (X; shown in Figure 3A; Para. 0041-0042).
contacting the material with said circumferentially- extending side wall (22; Para. 0059);
rotating said circumferentially-extending side wall (22) such that said circumferentially-extending side wall (22) and said cutting wedge (30) engage, advance into, and pass through, the material such that a plug of the material is cut out of the material (see Para. 0059).
Regarding Claim 31, Lourenco discloses said cutting wedge (30) comprises a sharpened lateral edge (33) along the portion of said cutting wedge (30) extending away from said inner surface of said circumferentially-extending side wall (22; Figure 3B; Para. 0042).
Regarding Claim 32, Lourenco discloses said cutting wedge (30) comprises a sharpened distal end (33; Para. 0042).
Regarding Claim 34, Lourenco discloses said cutting wedge (30) is mounted to said inner surface of said circumferentially-extending side wall (22) at an angle (i.e. see α in Figure 3C) relative to said longitudinal axis (X).
Regarding Claim 35, Lourenco discloses a drill bit (116; Figure 4E-4F) extending distally from the top surface of said baseplate (20), wherein said drill bit (116) is centered on said longitudinal axis (X).
Regarding Claim 36, Lourenco discloses said drill bit (116) comprising a distal portion (threaded tip 182), a proximal portion (shaft 162 and shank) and an intermediate portion (164) extending between said distal portion (182) and said proximal portion (162; Para. 0054); wherein said intermediate portion (164) of said drill bit (116) comprises a first laterally-extending flat (defined by 174; see “Annotated View of Figure 4F” above) comprising a cutting edge (189) disposed a first distance away from said central longitudinal axis (X; see “Annotated View of Figure 4F” above) towards said circumferentially-extending side wall (22) and a second laterally-extending flat (defined by other side of 174) extending a second distance away from said central longitudinal axis (X) towards said circumferentially-extending side wall (22), and further wherein said first distance is greater than said second distance (see “Annotated View of Figure 4F” above; note Para. 0057 outlines “r2” is less than “r1”; note that the different sides 172 and 174 can alternatively be viewed as different laterally extending flats and extend at different distances from the longitudinal axis “X”; Note alternatively, one can readily view the region of “second width” and “first width” as separate laterally extending flats).
Regarding Claim 37, Lourenco discloses said cutting edge (at 189) of said first laterally-extending flat is sharpened to facilitate cutting into the material (note Para. 0056 which outlines “cutting points” and therefore such structure must be sharp enough to facilitate cutting).
Regarding Claim 40, Lourenco discloses a method for drilling out a plug of material (Para. 0008), said method comprising:
providing apparatus (110; Figure 4G) comprising:
a base plate (20; see Figure 2A) having a top surface (facing 64), a bottom surface (facing 44), and a central longitudinal axis (“X”);
a circumferentially-extending side wall (22) extending distally from said top surface of said base plate (20 as shown; Para. 0040), said circumferentially-extending side wall (22) comprising an inner surface defining a circular recess enclosed by said circumferentially-extending side wall, an outer surface and a circular distal end surface (24);
a drill bit (116; Figure 4E-4F) centered on said central longitudinal axis (X) of said base plate (20) and extending distally therefrom,
said drill bit comprising:
a distal portion(threaded tip 182);
a proximal portion(shaft 162 and shank); and
an intermediate portion (164) extending between said distal portion (182) and said proximal portion (162; Para. 0054);
wherein said intermediate portion (164) of said drill bit (116) comprises a first laterally-extending flat (defined by 174; see “Annotated View of Figure 4F” above) comprising a cutting edge (189) disposed a first distance away from said central longitudinal axis (X; see “Annotated View of Figure 4F” above) towards said circumferentially-extending side wall (22) and a second laterally-extending flat (defined by other side of 174) extending a second distance away from said central longitudinal axis (X) towards said circumferentially-extending side wall (22), and further wherein said first distance is greater than said second distance (see “Annotated View of Figure 4F” above; note Para. 0057 outlines “r2” is less than “r1”; note that the different sides 172 and 174 can alternatively be viewed as different laterally extending flats and extend at different distances from the longitudinal axis “X”; Note alternatively, one can readily view the region of “second width” and “first width” as separate laterally extending flats);
a cutting wedge (cutting inserts 30) is mounted to said inner surface of said circumferentially-extending side wall (22) and extends laterally inwardly in the direction of said longitudinal axis (X; shown in Figure 3A; Para. 0041-0042);
contacting the material with said drill bit (116; Para. 0059);
rotating said drill bit (116) such that said drill bit and said circumferentially-extending side wall (22) engage with, advance into, and pass through, the material such that a plug of the material is cut out of the material (Para. 0059).
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 33 is rejected under 35 U.S.C. 103 as being unpatentable over Lourenco (US PGPUB 2017/0120347).
Regarding Claim 33, Lourenco discloses several features of the claimed invention but does not readily disclose said cutting wedge extends half of the distance between (i) a plane disposed parallel to said circular distal end surface of said circumferentially-extending side wall, and (ii) the top surface of said baseplate. However, it would have been an obvious matter of design choice to a person of ordinary skill in the art to have extended the cutting inserts/wedges to extend half the distance between the distal end surface of the circumferentially-extending side wall, and (ii) the top surface of said baseplate because Applicant has not disclosed that such extension provides an advantage, is used for a particular purpose, or solves a stated problem. One of ordinary skill in the art, furthermore, would have expected Applicant’s invention to perform equally well with the cutting wedges of Lourenco because in either instance the material will be effectively cut and removed.
Therefore, it would have been an obvious matter of design choice to modify Lourenco to obtain the invention as specified in the claim]. Note Page 20, line 10 through Page 21, line 15 of Applicant’s specification does not give any criticality to such extension.
Claims 26-27 and 38-39 are rejected under 35 U.S.C. 103 as being unpatentable over Lourenco (US PGPUB 2017/0120347), in view of Dost (US PGPUB 2009/0116919).
Regarding Claims 26-27 and 38-39, Lourenco discloses several features of the claimed invention including a distal end (183) of said distal portion (182) of said drill bit (116) extends distally beyond a plane extending parallel to a said circular distal end surface of said circumferentially-extending side wall (22; shown in Figure 4G) but does not disclose at least one of said first laterally-extending flat and said second laterally-extending flat comprises a non-planar geometry along the length of said intermediate portion of said drill bit and wherein at least one of said flat laterally-extending flat and said second laterally-extending flat comprises a spiral geometry along the length of said intermediate portion of said drill bit.
Attention can be brought to the teachings of Dost which includes another drill bit (100; Figure 1) comprising a first and second laterally-extending flat (flutes 116) having non-planar geometry (spiral shaped flutes; see Para. 0020) along the length of an intermediate portion (auger portion 102 between 120 and 103) of said drill bit (100) and wherein the flats (116) comprises a spiral geometry (Para. 0020) along the length of said intermediate portion (102) of said drill bit (100).
It would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to have modified the flats of Lourenco to comprise a spiral geometry as taught by Dost. By modifying Lourenco in this manner, the material being cut can be readily removed from the hole to ensure that the cut material does not bind the drill bit as taught by Dost (see Para. 0020).
Examiner’s Note
Examiner notes that with respect to Claims 21 and 40, if Applicant was to incorporate the language “wherein the first laterally-extending flat extends laterally to the cutting edge and wherein the cutting edge extends longitudinally and the first distance from the central longitudinal axis is variable along the cutting edge to form a curvature of the cutting edge” (support for such an amendment is clearly shown in Figures 4-5), incorporation of such language would clearly overcome the prior art rejections above. It is noted that a similar amendment to Claim 36 and incorporation of Claim 36 into Claim 30 would also appear to overcome the prior art rejections outlined above.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. see “Notice of References Cited”.
Note several references disclose laterally extending flats extending at different distances from a central longitudinal axis. Such references include Sturni (US Patent 1,890,889), Abramson (US Patent 1,740,055), Ford (US Patent 525,386), Robinson (US Patent 1,852,937), Doyle (US Patent 1,398,070), Hall (US Patent 17,038), Swan (US Patent 279,204), Capriotti (US PGPUB 2003/0133765), etc.
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/JOSHUA G KOTIS/Examiner, Art Unit 3731 9/25/2025