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 .
DETAILED ACTION
Priority
Receipt is acknowledged of papers submitted under 35 U.S.C. 119(a)-(d), which papers have been placed of record in the file.
Election/Restrictions
Applicant’s election without traverse of Invention I, Species A, claims 1-3 in the reply filed on 11 December 2025 is acknowledged.
Claim 4 is withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 11 December 2025.
Specification
The abstract of the disclosure is objected to because it exceeds the maximum allowed 150 words. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
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.
Claim 2 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 2 recites the limitation "the recessed portion" in lines 3-4. There is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 102
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 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 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 1-3 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Aare (US 9,248,512).
Regarding claim 1, Aare discloses a drill body 1, comprising: a body part 10/11/12 which extends in a rod shape from a base end part 12 toward a leading end part 10/11; a fluid hole 24/35 for causing a fluid to flow inside the body part from a side of the base end part toward a side of the leading end part; and a mounting part 10 which is provided in the leading end part and which is for mounting a removable cutting edge member 2, wherein the mounting part has a recessed part 14/17 which is provided along a central axis of the body part from an end surface 15 of the leading end part, the fluid hole is provided by being bent (the fluid hole is bent between portions 24 and 35) in a side part (portion 24 is bent relative to portion 35 and runs along a side part of the recessed part as seen in figure 9) of the recessed part so that a discharge port 16 of the fluid hole in the leading end part opposes a cutting edge 3 of the cutting edge member (the fluid hole is opposite the cutting edge in the rotational direction, see figure 1) when the cutting edge member is mounted to the mounting part as prescribed, and an opening portion 16, of the discharge port, which discharges the fluid to a major cutting edge 3 that forms the cutting edge is a non-circular shape longer in a first direction (radially along cutting edge 3, see figure 1) along the major cutting edge than in a second direction that is perpendicular to the first direction (as seen in figure 1, the non-circular shape of exit hole 16 is longer in the radial direction of cutting edge 3 than in the direction perpendicular to this radial direction).
Regarding claim 2, Aare discloses wherein a hole cross section of the fluid hole 24/35 has a non-circular shape in a portion (at exit hole 16) which passes the side part of the recessed portion (as seen in figures 1 and 9, the non-circular shape of exit hole 16 occurs in a portion of the recessed part).
Regarding claim 3, Aare discloses wherein the body part 10/11/12 is formed of a steel material (see column 1, lines 28-42, where the body is disclosed as being made of steel while the cutting head is manufactured from a harder material).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERIC ANDREW GATES whose telephone number is (571)272-5498. The examiner can normally be reached on M-Th 9-6, Alt Fr 9-5.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sunil Singh, can be reached on 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 an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/ERIC A. GATES/Primary Examiner, Art Unit 3722 4 February 2026