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 .
Election/Restrictions
Applicant’s election without traverse of Claims 1-20 in the reply filed on 10/9/25 is acknowledged.
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 –
Claims 1, 3, 8, 11-14 and 20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Ishi (USP 5,934,846).
Regarding claims 1, 14 and 20, Ishi discloses a processing tool, comprising: a body; a spindle (2) rotatably supported by the body, the spindle including a tool holder holding hole (3) having an opening toward distal end, the tool holder holding hole extending along the spindle (figures 4), and a first anti-rotation body holding hole (6) radially penetrating the spindle, a tool holder (4) detachably inserted into the tool holder holding hole, the tool holder including a first anti-rotation groove (9) located on an outer surface of the tool holder to which a tool is attached (figure 1); an anti-rotation body (7) held in the first anti-rotation body holding hole (6); a cover (8) disposed at a distal end portion of the spindle, the cover configured to reciprocate along the spindle between a processing position and a detachable position, the cover located at the processing position configured to have the anti-rotation body (7) protrude in the first anti-rotation groove (9), and the cover located at the detachable position configured to accommodate the anti-rotation body (figure 1 and col. 4, lines 9-19); and an elastic member (13) disposed between the tool holder and the tool holder holding hole to urge the tool holder toward distal end (figure 1).
Regarding claims 3 and 20, Ishi discloses wherein the cover includes a pressing surface configured to cover the first anti-rotation body holding hole at the processing position, and a relief portion (10) located on an inner surface of the cover, the relief portion being recessed radially outward, the anti-rotation body received between the first anti-rotation body holding hole and the first anti-rotation groove when the cover is located at the processing position (figure 5), and the anti-rotation body is accommodated in the relief portion when the cover is located at the detachable position and the tool holder is removed from the tool holder holding hole (figure 5).
Regarding claim 8, Ishi discloses wherein the first anti-rotation groove (9) extends parallel to the spindle (figure 1).
Regarding claim 11, Ishi discloses a rotating spindle (2) and although silent, there is a motor disposed in the body to rotate the spindle.
Regarding claims 12 and 13, see figures 4 and 5.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 2 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Ishi (USP 5,934,846).
Ishi discloses all aspects of the invention as set forth in the above rejection. Regarding claim 2, Ishi does not explicitly disclose packaging/seal, however, Examiner takes Official Notice that it is old and well known in the machining art to have packaging/seal at the interference of movable parts to improve sealing.
Regarding claim 15, Ishi discloses wherein the cover includes a pressing surface configured to cover the first anti-rotation body holding hole at the processing position, and a relief portion (10) located on an inner surface of the cover, the relief portion being recessed radially outward, the anti-rotation body received between the first anti-rotation body holding hole and the first anti-rotation groove when the cover is located at the processing position (figure 5), and the anti-rotation body is accommodated in the relief portion when the cover is located at the detachable position and the tool holder is removed from the tool holder holding hole (figure 5).
Claims 6, 7, 18 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Ishi (USP 5,934,846) in view of Abbott (US Pub. No. 2021/0308842).
Ishi discloses all aspects of the invention as set forth in the above rejection. Regarding claims 6, 18 and 19, Ishi does not disclose the spindle including a first retaining ring groove located on an outer surface of a distal end portion of the spindle nor a retaining ring disposed in the first retaining ring groove to retain the cover at the processing position when located in the first retaining ring groove. Abbott discloses a rotary tool having a cover (78), retaining ring (110) disposed in a retaining ring groove (figure 3). Abbott also discloses a retaining ring, a friction ring (e.g., a ring of elastomeric material), projecting pin, or any other suitable means may be provided to limit forward and/or rearward movement (paragraph 27). Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention was made to include a retaining ring/groove to Ishi’s tool, as taught by Abbott for the purpose of limiting forward and/or rearward movement (paragraph 27). Regarding claim 7, it would have been obvious to one having ordinary skill in the art at the time the invention was made to have multiple retaining rings, since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. St. Regis Paper Co. v. Bemis Co., 193 USPQ 8.
Allowable Subject Matter
Claims 4, 5, 9, 10, 16 and 17 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
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/SARA ADDISU/Primary Examiner, Art Unit 3722 3/7/26