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 § 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.
Claims 1, 3, 4, 6-8, 10, 11 and 13-24 are rejected under 35 U.S.C. 103 as being unpatentable over Su (CN 102151881 A) as evidenced by Edens (US Patent No. 2,731,273).
(Claim 1) Su discloses a tool holder (1), having a holder longitudinal axis, extending in a forward to rearward direction and about which the tool holder is rotatable in a rotational direction (Figs. 1-4). The tool holder (1) includes a holder peripheral surface (surface in which leader line for detail 1 touches in Figs. 1-4) extending circumferentially about the holder longitudinal axis and forming a boundary of a holder base surface at a forward end of the tool holder (annotated Fig. 4); two circumferentially spaced apart driving members (annotated Fig. 4) extending forwardly from the holder base surface; a holder coupling hole (12) recessed in the holder base surface (Fig. 4), the holder coupling hole (12) including a coupling hole peripheral surface extending circumferentially about the holder longitudinal axis (¶ 0033; Figs. 2-4); and a holder bore (13) including a bore peripheral surface (Figs. 2-4) extending circumferentially along a holder bore axis and opening out to the coupling hole peripheral surface to form a bore inner opening (¶ 0043; Fig. 2) and the holder peripheral surface to form a bore outer opening (Figs. 3, 4); and a first holder longitudinal plane (LP1 in annotated Fig. 2), extending parallel to the holder bore axis (B) and containing the holder longitudinal axis; wherein: the holder bore (shown in Fig. 2 with screw 3 therein) is located entirely on one side of the first holder longitudinal plane (¶ 0043).
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The holder bore (13) includes a non-threaded bore engagement portion (¶ 0043), the bore inner opening being formed on the non-threaded bore engagement portion (¶ 0043; Figs. 2, 6). The bore peripheral surface at the non-threaded bore engagement portion lies on an imaginary bore cylinder having the holder bore axis as its axis (¶ 0043; Fig. 2, 6 – it is worth noting that the “lying on” an imaginary bore cylinder appears to be met merely by the wall intersecting such an imaginary cylinder). In a cross-sectional view taken in a holder radial plane (RP) extending perpendicular to the holder longitudinal axis and intersecting the bore inner opening (annotated Fig. 2 below): the imaginary bore cylinder defines parallel inner and outer bore straight lines (the straight lines would be the respective left and right extremities of the bore 13 in the plane, Fig. 2), the inner bore line (left extremity) being closer to the first holder longitudinal plane than the outer bore line (right extremity); and both the inner and outer bore lines are located on the same side of the first holder longitudinal plane (LP1, annotated Fig. 2). At least the inner bore line (left extremity) of the inner and outer bore lines intersects the coupling hole peripheral surface (Figs. 2-4).
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The first holder longitudinal plane and a tangent line oriented parallel to the holder bore axis and tangentially touching the coupling hole peripheral surface are spaced apart by a tangent distance; the first holder longitudinal plane and the inner bore line (left extremity that would exist in cross section as identified roughly in Fig. 2 above) are spaced apart by an inner line distance. Yet, the percentage of the relative distances is not explicitly disclosed. Nevertheless, the relative distance percentage is a result-effective variable because it impacts fastening of the cutting head to be received in the holder, which is well-known in the art, as evidenced by Eden (Col. 2, Lines 44-48) (disclosing that locking pins projecting into an interior cavity impact locking between the projecting pins and the item inserted into the interior cavity; and it is worth noting that Figure 4 showing the locking pins relative to the cavity heavily suggests the claimed percentage range is known). Thus, one having ordinary skill in the art would have found it obvious at a time prior to filing to provide the tool holder disclosed in Su with the claimed range relationship in order to optimize fastening of the cutting head to be received in the holder.1 See In re Aller, 220 F.2d 454, 456 (CCPA 1955) (“[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation.”).
(Claim 3) The holder bore axis does not intersect the holder coupling hole (axis of hole 13 containing screw 3 in Fig. 2; ¶ 0042).
(Claim 4) Only the inner bore line (left extremity that would exist in cross section as identified roughly in Fig. 2 above) of the inner and outer bore lines intersects the coupling hole peripheral surface (Figs. 2-4).
(Claim 6) The inner bore line intersects the coupling hole peripheral surface twice to define first and second intersection points, the first intersection point being rotationally ahead of the second intersection point (Figs. 1-4). The first and second intersection points subtend an intersection angle at the holder longitudinal axis (given disclosure of hole 13 opening into coupling bore 12). Yet, the angle is not explicitly disclosed. Nevertheless, the angle of the opening is a result-effective variable because it impacts fastening of the cutting head to be received in the holder as well as structural integrity of the tool holder, both of which are well-known in the art, which is well-known in the art, as evidenced by Eden (Col. 2, Lines 44-48) (disclosing that locking pins projecting into an interior cavity impact locking between the projecting pins and the item inserted into the interior cavity). Thus, one having ordinary skill in the art would have found it obvious at a time prior to filing to provide the intersection angle in Su within the claimed range in order to optimize fastening of the cutting head to be received in the holder as well as structural integrity of the tool holder. See In re Aller, 220 F.2d 454, 456 (CCPA 1955) (“[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation.”).
(Claim 7) The tool holder (1) has a second holder longitudinal plane extending perpendicular to the first holder longitudinal plane (LP1) and containing the holder longitudinal axis; the first and second intersection points are on opposite sides of the second holder longitudinal plane (Figs. 1-7).
(Claim 8) The tool holder has exactly one holder bore (13; Figs. 1-4).
(Claim 10) The tool holder includes two holder flutes (14) recessed in the holder peripheral surface and extending helically about the holder longitudinal axis (Figs. 1-4); and the holder coupling hole (12) opens out to the two holder flutes (Fig. 4).
(Claim 11) A fastener (3) extends along a fastener axis; wherein: the fastener (3) includes a fastening engagement portion (33) and a fastening fixation portion (32) located axially opposite along the fastener axis from the fastening engagement portion (Fig. 7).
(Claim 13) The holder bore (13) includes a bore fixation portion (¶¶ 0043, 0046), for releasably attaching a fastening member (3) thereto; and the bore fixation portion includes a bore internal threaded portion (¶¶ 0043, 0046; Fig. 7).
(Claim 14) The holder bore (13) includes a non-threaded bore engagement portion (¶¶ 0043, 0046; relative to portion 33 of fastening member), the bore inner opening being formed on the non-threaded bore engagement portion (¶¶ 0043, 0046; Fig. 7); the non-threaded bore engagement portion is located axially opposite the bore internal threaded portion (Figs. 1-4, 7; ¶¶ 0043, 0046); the non-threaded bore engagement portion includes a bore support surface located diametrically opposite the bore inner opening about the bore axis (¶ 0043).
(Claim 15) The holder bore axis lies in the holder radial plane (annotated Fig. 2 above).
(Claim 16) Su discloses a rotary cutting tool (Fig. 1) including: the tool holder (1), in accordance with claim 1; and a cutting head (2) having a head central axis (Fig. 1). The cutting head (2) includes a forward end forming a head cutting portion (21) and a rearward end forming a head coupling portion (22). The head cutting portion (21) includes: a head rear surface (annotated Fig. 5), defining a boundary between the head cutting portion (21) and the head coupling portion (22); a head rear abutment surface, located on the head rear surface (annotated Fig. 5); two cutting arms extending radially with respect to the head central axis (annotated Fig. 5), each comprising a driven surface (right side in annotated Fig. 5); and the head coupling portion (22) includes a head coupling pin (Fig. 5), protruding rearwardly from the head rear surface along the head central axis, the head coupling pin (22) includes: a pin rear surface spaced apart from the head rear surface and a pin peripheral surface extending therebetween (annotated Fig. 5); a pin recess (23), recessed in the pin peripheral surface (Fig. 5), and includes a pin recess surface with a pin abutment surface which slopes radially outwardly relative to the head central axis (¶¶ 0043, 0046), in the rearward direction of the cutting head (2); and a fastening member (3) releasably engaged to the tool holder (¶¶ 0043, 0046) at the holder bore (13); wherein: the rotary cutting tool is adjustable between a free position and a fastened position, and in the fastened position: the cutting head (2) is releasably attached to the tool holder (1) by the fastening member (3); the head coupling pin (22) is located in the holder coupling hole (12); each cutting arm is in contact with a respective driving member;2 and the fastening member (3) protrudes into the holder coupling hole and abuts the pin abutment surface (¶¶ 0043, 0046; Figs. 1-7).
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(Claim 17) The fastening member (3) extends along a fastening member axis (Figs. 2-4, 7). The fastening member (3) includes a fastening engagement portion (33) and a fastening fixation portion (32) located axially offset from the fastening engagement portion (Fig. 2). The fastening fixation portion (32) comprises a fastening external threaded portion (Fig. 7); the holder bore (13) comprises a bore fixation portion (¶¶ 0043, 0046), for releasably attaching a fastening member (3) thereto; the bore fixation portion comprises a bore internal threaded portion (¶¶ 0043, 0046); and in the fastened position of the rotary cutting tool (2), the fastening external threaded portion is threadingly engaged with the bore internal threaded portion (¶¶ 0043, 0046).
(Claim 18) The holder bore (13) includes a non-threaded bore engagement portion (¶¶ 0043, 0046; relative to portion 33 of fastening member), the bore inner opening being formed on the non-threaded bore engagement portion (¶¶ 0043, 0046; Fig. 7); the non-threaded bore engagement portion is located axially opposite the bore internal threaded portion (Figs. 1-4, 7; ¶¶ 0043, 0046); the bore inner opening is formed on the non-threaded bore engagement portion; and the non-threaded bore engagement portion (106) comprises a bore support surface located diametrically opposite the bore inner opening about the bore axis; and in the fastened position of the rotary cutting tool: the fastening engagement portion simultaneously abuts the pin abutment surface and the bore support surface (Figs. 1-4, 7; ¶¶ 0043, 0046).
(Claim 19) The fastening engagement portion (33) includes a fastening engagement end surface (Fig. 7) and a fastening engagement peripheral surface (Fig. 7) that extends circumferentially along the fastening member axis and that circumferentially bounds the fastening engagement end surface (Fig. 7); the fastening engagement portion (33) includes a fastening abutment surface and a fastening peripheral bearing surface, the fastening peripheral bearing surface being located diametrically opposite the fastening abutment surface (Figs. 1-7; ¶¶ 0043, 0046) about the fastening member axis; and in the fastened position of the rotary cutting tool (Fig. 1): the fastening abutment surface abuts the pin abutment surface and the fastening peripheral bearing surface abuts the bore support surface Figs. 1-7; ¶¶ 0043, 0046).
(Claim 20) In the fastened position of the rotary cutting tool (Figs. 1, 3), the holder radial plane intersects the pin abutment surface (23); and in the cross-sectional view taken in the holder radial plane, the pin abutment surface (23) forms a fastening surface angle with the bore axis (Figs. 1-4). Yet, the angle is not explicitly disclosed. Nevertheless, the angle of approach (the fastening surface angle) is a result-effective variable because it impacts fastening of the cutting head to be received in the holder, which is well-known in the art, which is well-known in the art, as evidenced by Eden (Col. 2, Lines 44-48) (disclosing that locking pins projecting into an interior cavity impact locking between the projecting pins and the item inserted into the interior cavity). Thus, one having ordinary skill in the art would have found it obvious at a time prior to filing to provide the intersection angle in Su within the claimed range in order to optimize fastening of the cutting head to be received in the holder. See In re Aller, 220 F.2d 454, 456 (CCPA 1955) (“[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation.”).
(Claim 21) The pin recess surface (23) lies on an imaginary recess cylinder extending circumferentially along a recess cylinder axis oriented perpendicular to the head central axis (Fig. 5), so that the pin abutment surface (23) is concavely curved.
(Claim 22) The tool holder (1) includes a holder base abutment surface located on the holder base surface (annotated Fig. 4 above); and in the fastened position of the rotary cutting tool (2), the head rear abutment surface abuts the holder base abutment surface (Fig. 1).
(Claim 23) The head coupling pin (22) includes exactly one pin recess (23); and the tool holder (1) includes exactly one holder bore (13) and exactly one fastening member (3) releasably engaged to the tool holder (Figs. 1, 2).
(Claim 24) The holder bore (13) includes a non-threaded bore engagement portion (¶ 0043), the bore inner opening being formed on the non-threaded bore engagement portion (¶ 0043; Figs. 2, 6). The bore peripheral surface at the non-threaded bore engagement portion lies on an imaginary bore cylinder having the holder bore axis as its axis (¶ 0043; Fig. 2, 6 – it is worth noting that the “lying on” an imaginary bore cylinder appears to be met merely by the wall intersecting such an imaginary cylinder). In a cross-sectional view taken in a holder radial plane (RP) extending perpendicular to the holder longitudinal axis and intersecting the bore inner opening (annotated Fig. 2 below): the imaginary bore cylinder defines parallel inner and outer bore straight lines (the straight lines would be the respective left and right extremities of the bore 13 in the plane, Fig. 2), the inner bore line (left extremity) being closer to the first holder longitudinal plane than the outer bore line (right extremity); and both the inner and outer bore lines are located on the same side of the first holder longitudinal plane (LP1, annotated Fig. 2). At least the inner bore line (left extremity) of the inner and outer bore lines intersects the coupling hole peripheral surface (Figs. 2-4). The tool holder (1) has a second holder longitudinal plane extending perpendicular to the first holder longitudinal plane (LP1) and containing the holder longitudinal axis (Figs. 1-4). In the fastened position of the rotary cutting tool (Figs. 1, 2), the fastening member (3) abuts the pin abutment surface at a contact region located on the same side of the second holder longitudinal plane as the first intersection point (¶¶ 0043, 0046).
Claims 9 and 25 are rejected under 35 U.S.C. 103 as being unpatentable over Su (CN 102151881 A) in view of Schmid (DE 102018206222A1).
(Claim 9) The tool holder (1) comprises a holder base abutment surface located on the holder base surface (annotated Fig. 4 above). The holder base abutment surface is not explicitly disclosed as planar and oriented perpendicular to the holder longitudinal axis.
Schmid discloses a planar base abutment surface oriented perpendicular to the holder longitudinal axis (6a; Figs. 5-7, 16-19). At a time prior to filing it would have been obvious to one having ordinary skill in the art to provide the holder disclosed in Su with a planar base abutment surface oriented perpendicular to the axis as suggested by Schmid in order for ease of manufacturing as well as ease of seating, and/or applying a known solution with the predictable result of providing an abutment surface for a cutting head. See KSR International Co. v. Teleflex Inc., 550 U.S. 398, 418 (2007) (reciting several exemplary rationales that may support a finding of obviousness).
(Claim 25) The pin peripheral surface has a cylindrical shape having a pin diameter (Fig. 5). The cutting head (2) has an outer cutting diameter. Yet, the pin is not explicitly disclosed as being greater than a third of the cutting diameter.
Schmid discloses a holder and cutting head with pin style with a pin diameter that is greater than a third of the outer cutting diameter. At a time prior to filing it would have been obvious to one having ordinary skill in the art to provide the holder disclosed in Su with a pin diameter that is greater than a third of the outer cutting diameter as suggested by Schmid in order to increase the robustness of the cutting head. See In re Aller, 220 F.2d 454, 456 (CCPA 1955) (“[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation.”).
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Su (CN 102151881 A) in view of Ewing (US Patent No. 4,621,958).
The fastening fixation portion (32) includes a fastening external threaded portion (Fig. 7; ¶ 0046); the fastening engagement portion (33) is non-threaded. Yet, Su does not explicitly disclose the non-threaded fastening engagement portion being longer than the fastening external threaded portion in a direction along the fastening member axis.
Ewing discloses a non-threaded fastening engagement portion of a fastening element (31) that is longer than a fastening external threaded portion thereof in a direction along the fastening member axis (Fig. 2). At a time prior to filing it would have been obvious to one having ordinary skill in the art to provide the holder disclosed in Su with a non-threaded fastening engagement portion being longer than the fastening external threaded portion in a direction along the fastening member axis as suggested by Ewing in order to increase the robustness of the connection while providing the ability to force the cutting head against the abutment surface. (Col. 2, Lines 43-55).
Response to Arguments
Applicant's arguments filed April 9, 2026 have been fully considered but they are not persuasive. Applicant argues that the Su reference fails to identify any technical effect that would lead one of ordinary skill to modify the reference to have the claimed percentage range between ID and TD. In an effort to rebut the optimization rationale, Applicant points to the effectiveness in the engagement of components in the disclosed invention of the present application. Applicant also alleges that the rejection lacks articulated reasoning and evidentiary support for the optimization rationale. Examiner disagrees.
One of ordinary skill would understand the inherency of the relationship between the locking cross member and the extent it protrudes into the opening. Likewise, one of ordinary skill would not view the disclosure in the present application concerning the engagement between locking member and drill head to be an unexpected result. That is, working well is not tantamount to a critical (i.e., unexpected) result. The evidence is provided within the prior art of record as well as the knowledge one of ordinary skill would possess. The rationale of optimizing dimensions of features known in the art is valid.
Applicant’s arguments with respect to the result-effective variable have been considered but are moot because of the new ground of rejection evidencing the relationship of a projecting member into an aperture.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 RYAN RUFO whose telephone number is (571)272-4604. The examiner can normally be reached Mon-Thurs. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Singh Sunil 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.
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/RYAN RUFO/Primary Examiner, Art Unit 3722
1 A typographical error in the Non-Final Rejection of February 4, 2026 has been corrected in this Action.
2 Interpreted as respective driving members relative to the two driving members recited in claim 1.
Prosecution Insights