Prosecution Insights
Last updated: July 17, 2026
Application No. 18/262,373

ROTARY TOOL AND METHOD FOR MANUFACTURING MACHINED PRODUCT

Non-Final OA §102
Filed
Jul 20, 2023
Priority
Jan 21, 2021 — JP 2021-008127 +1 more
Examiner
SNYDER, ALAN W
Art Unit
3722
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Kyocera Corporation
OA Round
2 (Non-Final)
82%
Grant Probability
Favorable
2-3
OA Rounds
0m
Est. Remaining
95%
With Interview

Examiner Intelligence

Grants 82% — above average
82%
Career Allowance Rate
573 granted / 697 resolved
+12.2% vs TC avg
Moderate +12% lift
Without
With
+12.5%
Interview Lift
resolved cases with interview
Typical timeline
2y 7m
Avg Prosecution
27 currently pending
Career history
724
Total Applications
across all art units

Statute-Specific Performance

§101
0.4%
-39.6% vs TC avg
§103
86.7%
+46.7% vs TC avg
§102
7.0%
-33.0% vs TC avg
§112
3.7%
-36.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 697 resolved cases

Office Action

§102
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 § 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. Claims 1-4 and 7-9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Campian (US 6234725). Regarding claim 1, Campian discloses a rotary tool 10 having a columnar shape extending along a rotation axis of the rotary tool from a first end toward a second end, the rotary tool having an outer peripheral surface. The tool comprises a first flute 20 extending spirally around the rotation axis from the first end toward the second end having a first helix angle having a positive value, and a second flute 18 extending spirally around the rotation axis from the first end toward the second end and having a second helix angle having a negative value. A first cutting edge 24 is located at an intersection of the outer peripheral surface and the first flute and a second cutting edge 22 is located at an intersection of the outer peripheral surface and the second flute. The first flute intersects with the second flute and the first cutting edge connects to the second cutting edge. The outer peripheral surface comprises a first outer peripheral surface 28 extending along the first and second cutting edges and a second outer peripheral surface 30 is located on a rear side in a rotation direction 26 with respect to the first outer peripheral surface. The first outer peripheral surface comprises a first flank surface extending along the first cutting edge (the portion of surface 28 directly adjacent to cutting edge 24) and a second flank surface extending along the second cutting edge (the portion of surface 28 directly adjacent to cutting edge 22). A concave part (see Fig. 1A, the recessed/concave part of the first outer peripheral surface being the vertical walls and concave curve extending from 28 to 30) is located at a connecting part of the first flank surface and the second flank surface and is recessed relative to the second outer peripheral surface. The first flank surface comprises a first enlarged portion whose width in a first direction orthogonal to the first cutting edge increases as coming closer to the second flank surface (see Fig. 1A which illustrates the flank surface widening when nearing the corner). In a second direction along the first cutting edge, an end portion of the first enlarged part is located on an outer side of an end portion of the concave part, wherein a side of the connecting part is defined as an inner side and a side opposite to the inner side is defined as the outer side (see annotated Fig. 1A below). PNG media_image1.png 578 880 media_image1.png Greyscale Regarding claim 2, Campian discloses the first enlarged part being adjacent to the second flank surface (see Fig. 1A). Regarding claim 3, Campian discloses the second flank surface comprising a second enlarged part whose width in a direction orthogonal to the second cutting edge increases as coming closer to the first flank surface (see annotated Fig. 1A above, which illustrates the second flank surface widening when nearing the corner). Regarding claim 4, Campian discloses the second enlarged part being adjacent to the first flank surface (see Fig. 1A). Regarding claim 7, Campian discloses an inherent method for manufacturing a machined product comprising rotating a rotary tool, bringing the rotary tool being rotated into contact with a workpiece and then moving the rotary tool away from the workpiece. The rotary tool has a columnar shape extending along a rotation axis of the rotary tool from a first end toward a second end, the rotary tool has an outer peripheral surface, a first flute 20 extending spirally around the rotation axis from the first end toward the second end having a first helix angle having a positive value, and a second flute 18 extending spirally around the rotation axis from the first end toward the second end and having a second helix angle having a negative value. A first cutting edge 24 is located at an intersection of the outer peripheral surface and the first flute and a second cutting edge 22 is located at an intersection of the outer peripheral surface and the second flute. The first flute intersects with the second flute and the first cutting edge connects to the second cutting edge. The outer peripheral surface comprises a first outer peripheral surface 28 extending along the first and second cutting edges and a second outer peripheral surface 30 is located on a rear side in a rotation direction 26 with respect to the first outer peripheral surface. The first outer peripheral surface comprises a first flank surface extending along the first cutting edge (the portion of surface 28 directly adjacent to cutting edge 24) and a second flank surface extending along the second cutting edge (the portion of surface 28 directly adjacent to cutting edge 22). A concave part (see Fig. 1A, the recessed/concave part of the first outer peripheral surface being the vertical walls and concave curve extending from 28 to 30) is located at a connecting part of the first flank surface and the second flank surface and is recessed relative to the second outer peripheral surface. The first flank surface comprises a first enlarged portion whose width in a first direction orthogonal to the first cutting edge increases as coming closer to the second flank surface (see Fig. 1A which illustrates the flank surface widening when nearing the corner). In a second direction along the first cutting edge, an end portion of the first enlarged part is located on an outer side of an end portion of the concave part, wherein a side of the connecting part is defined as an inner side and a side opposite to the inner side is defined as the outer side. Regarding claim 8, Campian discloses the first enlarged part being located on a side away from the second flank surface in the first flank surface. Regarding claim 9, Campian discloses a rotary tool 10 having a columnar shape extending along a rotation axis of the rotary tool from a first end toward a second end, the rotary tool having an outer peripheral surface. The tool comprises a first flute 20 extending spirally around the rotation axis from the first end toward the second end having a first helix angle having a positive value, and a second flute 18 extending spirally around the rotation axis from the first end toward the second end and having a second helix angle having a negative value. A first cutting edge 24 is located at an intersection of the outer peripheral surface and the first flute and a second cutting edge 22 is located at an intersection of the outer peripheral surface and the second flute. The first flute intersects with the second flute and the first cutting edge connects to the second cutting edge. The outer peripheral surface comprises a first outer peripheral surface 28 extending along the first and second cutting edges and a second outer peripheral surface 30 is located on a rear side in a rotation direction 26 with respect to the first outer peripheral surface. The first outer peripheral surface comprises a first flank surface extending along the first cutting edge (the portion of surface 28 directly adjacent to cutting edge 24) and a second flank surface extending along the second cutting edge (the portion of surface 28 directly adjacent to cutting edge 22). A convex part which is located at a connecting point of the first flank surface and the second flank surface and which projects relative to the second outer peripheral surface (see Fig. 1A, the projecting/convex part of the first outer peripheral surface 28 being the point where cutting edges 22 & 24 meet). The first flank surface comprises a first enlarged portion whose width in a first direction orthogonal to the first cutting edge increases as coming closer to the second flank surface (see Fig. 1A which illustrates the flank surface widening when nearing the corner). Response to Arguments Applicant's arguments filed 04/12/2026 have been fully considered but they are not persuasive. Applicant alleges that Campian discloses the concave part and first enlarged part are the same part and that Campian does not disclose the claimed convex part. These arguments are respectfully traversed. First, as discussed in the Non-Final Rejection of 01/13/2026 and again above, in addition to the annotated Figure 1A of Campian, the concave part of Campian is the vertical walls and particularly the concave curved part that extend between surface 28 and 30, and the first enlarged part in the first flank surface is an arbitrary part of surface 28 itself. Therefore the concave part and first enlarged part are clearly not the same part. In the annotated Figure 1A above, the end portion of the concave part (marked) and the end portion of the first enlarged part (marked by a dashed line, as well as a dashed line marking the end of the second enlarged part) are arranged as claimed. Regarding the argument that Campian does not disclose the claimed convex part, as discussed in the Non-Final Rejection of 01/13/2026 and again above, Campian does disclose the external corner where edges 22 and 24 meet as a convex part. Accordingly, the rejections are maintained. Conclusion THIS ACTION IS MADE FINAL. 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 Alan Snyder whose telephone number is (571)272-4603. The examiner can normally be reached M-R 7:00a - 5:00p. 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. /Alan Snyder/Primary Examiner, Art Unit 3722
Read full office action

Prosecution Timeline

Jul 20, 2023
Application Filed
Jul 20, 2023
Response after Non-Final Action
Dec 03, 2025
Non-Final Rejection (signed) — §102
Jan 13, 2026
Non-Final Rejection mailed — §102
Apr 12, 2026
Response Filed
May 04, 2026
Final Rejection mailed — §102
Jul 03, 2026
Response after Non-Final Action

Precedent Cases

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

2-3
Expected OA Rounds
82%
Grant Probability
95%
With Interview (+12.5%)
2y 7m (~0m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 697 resolved cases by this examiner. Grant probability derived from career allowance rate.

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