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 § 112
2. 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 6 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.
A) Applicant recites the recessed part having “an inner surface” and “an inner surface” of the discharge hole in claim 6 lines 1-2. It is unclear whether applicant is intending to claim a plurality of inner surfaces of both the recessed part and the discharge hole or whether the recited “inner surface” of the recessed part and discharge hole lacks proper antecedent basis and applicant is intending to refer to the “inner surface” previously recited in claim 5. For the purpose of examination, it is interpreted as if the recited limitations lacks proper antecedent basis and applicant intended to recite “the inner surface” of both the recessed part and the discharge hole in claim 6.
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.
Claim(s) 1-6 is/are rejected under 35 U.S.C. 102(a)(1)as being anticipated by Mitsubishi Heavy Industries Ltd (JP S58-089217U and the Machine Translation thereof hereinafter referred to as “Mitsubishi”).
6. Regarding to Claim 1, Mitsubishi discloses a tip (guide 2, as can be seen from Figures 1a-2b in Mitsubishi) for a cutting tool [as can be seen from Figures 1a-2b in Mitsubishi], comprising: a first surface (a bottom surface of 2, as can be seen from Figures 1a-2b in Mitsubishi) that is a portion making contact with a body (body 1, as can be seen from Figures 1a-2b in Mitsubishi) of the cutting tool [Figures 1a-2b in Mitsubishi] when the tip (2) is attached to the body(1) [as can be seen from Figures 1a-2b in Mitsubishi]; a second surface (a top surface of 2 located opposite first surface of 2, as can be seen from Figure 1 in Mitsubishi) located on an opposite side from the first surface (bottom surface of 2) [as can be seen from Figures 1a-2b in Mitsubishi]; a leading end part (a first left side surface of 2, as can be seen from Figures 2a in Mitsubishi) connecting the first surface (bottom surface of 2) and the second surface (top surface of 2) [as can be seen from Figures 1a-2b in Mitsubishi], and provided with a cutting edge (cutting blade 3, as can be seen from Figures 1a-2b in Mitsubishi); and a trailing end part (a second right side surface of 2, as can be seen from Figures 2a in Mitsubishi) located on an opposite side from the leading end part (first left side of 2) [as can be seen from Figures 1a-2b in Mitsubishi], the second surface (top surface of 2) being formed with a recessed part (groove 5, as can be seen from 2a-2b in Mitsubishi) receding toward the first surface (bottom surface of 2) in a portion closer to the trailing end part (second right side surface of 2) [as can be seen from Figure 2a in Mitsubishi].
7. Regarding to claim 2, Mitsubishi discloses the tip (2) according to claim 1, wherein the recessed part (5) is provided in an area of the second surface (top surface of 2) excluding both ends in a width direction [as can be seen from Figure 2a in Mitsubishi], the width direction being a direction perpendicular to a direction from the leading end part (first left side of 2) toward the trailing end part (second right side surface of 2) and parallel to the first surface (bottom surface of 2) [as can be seen from Figures 2a-2b in Mitsubishi].
8. Regarding to claim 3, Mitsubishi discloses the tip (2) according to claim 1, wherein the recessed part (5) is angled toward the first surface (bottom surface of 2) in a direction toward the trailing end part(second right side surface of 2) [as can be seen from Figure 2a-2b in Mitsubishi].
9. Regarding to claim 4, Mitsubishi discloses a cutting tool [as can be seen from Figures 1a-2b in Mitsubishi] comprising: a body (body 1, as can be seen from Figures 1a-2b in Mitsubishi); and a tip (guide 2, as can be seen from Figures 1a-2b in Mitsubishi) attached to the body (1) [as can be seen from Figures 1a-2b in Mitsubishi], the body (1) being formed with a discharge hole (chip discharge hole 4, as can be seen from Figures 1a-2b in Mitsubishi) that extends along a rotational axis to discharge fluids [as can be seen from Figures 1a-2b in Mitsubishi], the tip (2) including a first surface (a bottom surface of 2, as can be seen from Figures 1a-2b in Mitsubishi) making contact with the body (1) [Figures 1a-2b in Mitsubishi], a second surface (top surface of 2, as can be seen from Figures 1a-2b in Mitsubishi) located on an opposite side from the first surface (bottom surface of 2) [as can be seen from Figures 1a-2b in Mitsubishi], a leading end part (a first left side surface of 2, as can be seen from Figures 2a in Mitsubishi) connecting the first surface (bottom surface of 2) and the second surface (top surface of 2) [as can be seen from Figures 1a-2b in Mitsubishi], and provided with a cutting edge (cutting blade 3, as can be seen from Figures 1a-2b in Mitsubishi), and a trailing end part (a second right side surface of 2, as can be seen from Figures 2a in Mitsubishi) located on an opposite side from the leading end part (first left side of 2), the second surface (top surface of 2) being formed with a recessed part (groove 5, as can be seen from 2a-2b in Mitsubishi) receding toward the first surface (bottom surface of 2) in a portion closer to the trailing end part (second right side surface of 2) [as can be seen from Figure 2a in Mitsubishi].
10. Regarding to claim 5, Mitsubishi discloses cutting tool [Figures 1a-2b] according to claim 4, wherein the recessed part (5) has an inner surface (an inner surface of 5, as can be seen from Figures 2a-b in Mitsubishi) continuous with an inner surface (an inner surface of 4, as can be seen from Figures 1a-2b in Mitsubishi) the discharge hole (4) without a step in a boundary portion therebetween [as can be seen from Figures 1a-2b in Mitsubishi].
11. Regarding to claim 6, Mitsubishi discloses cutting tool [Figures 1a-2b] according to claim 5, wherein the recessed part (5) has an inner surface (an inner surface of 5, as can be seen from Figures 2a-b in Mitsubishi) smoothly continuous with an inner surface (an inner surface of 4, as can be seen from Figures 1a-2b in Mitsubishi) of the discharge hole (4) in a boundary portion therebetween [as can be seen from Figure 1a-2b in Mitsubishi].
Conclusion
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/NIRVANA DEONAUTH/ Primary Examiner, Art Unit 3726