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 Objections
Claim 12 is objected to because of the following informalities: Line 5, “wherein the face has is one of planar, conical or dished.” contains a grammatical error. Appropriate correction is required.
Claim 13 is objected to because of the following informalities: Line 3, “the stepped rotary broach skewed manner” contains a grammatical error. Appropriate correction is required.
Drawings
Figures 1-8 should be designated by a legend such as --Prior Art-- because only that which is old is illustrated. See MPEP § 608.02(g). Corrected drawings in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. The replacement sheet(s) should be labeled “Replacement Sheet” in the page header (as per 37 CFR 1.84(c)) so as not to obstruct any portion of the drawing figures. If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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.
Claims 15 and 17 are 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.
Claims 15 and 17 are directed to an internal broach and external broach respectively. It appears that the axially-extending and first contact surfaces are reversed in the claims, such that the axially-extending surface of an external broach is claimed to be an internal channel and the axially-extending surface of an internal broach is claimed to be a periphery, and a first contact surface of an external broach is claimed to be inwardly-facing and the first contact surface of the internal broach is claimed to be outwardly-facing, when there is no inwardly-facing surface labeled on the external broach(es) in the instant Figures. Additionally, no internal broach is illustrated, and the term “first contact surface” is not identified in any of the drawings. For purposes of Examination, the axially-extending and contact surface(s) of respective internal and external broaches are interpreted as meaning internal channel/internally and periphery/externally facing. Appropriate correction/clarification is required.
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 and 5-17 are rejected under 35 U.S.C. 103 as being unpatentable over Freter (US 2522440) in view of McCarthy (US 10029321).
Regarding claims 1-3 and 12, Freter discloses a stepped broach capable of being rotated comprising a support portion 5b configured to allow for the stepped rotary broach to be supported by a tool holder and a contact portion integrally formed with the support portion. The contact portion includes a face (planar end face as illustrated in Fig. 3) and a periphery and extends between the face and the support portion. The support portion extends between the contact portion and a distal end of the stepped rotary broach. The periphery includes an outer surface and a plurality of step formations 4b/2b. Each of the step formations extends between the face and a respective location along the periphery at which the respective step formation adjoins a respective portion of the outer surface. Each of the step formations includes a respective first step 4b including a respective first surface region (10b ) extending in a respective first direction about a central axis of the stepped rotary broach. The respective first surface regions of the first steps are respectively positioned more closely to the central axis of the stepped rotary broach than are the respective portions of the respective outer surface that respectfully adjoin the respective step formations (i.e. the outer surface(s) of step(s) 4b). Freter then discloses each of the step formations including a respective plurality of steps including the respective first step, wherein respective successive ones of each of the plurality of steps (i.e. 2b) are arranged at respective successively greater first distances from the face and also arranged at respective successively greater second distances from the central axis. Freter also discloses each of the step formations including a respective plurality of steps that includes a respective second step 2b in addition to the respective first step 4b, wherein the respective first step of each of the step formations is located at a respective first distance from the face that is less than a respective second distance from the face at which the respective second step formation is located and wherein the respective first step of each of the step formations is located at a respective third distance from the central axis that is less than a respective fourth distance from the central axis at which the respective second step of the respective step formation is located (see Fig. 3, first step 4b lying on the end face and at a smaller distance from the central axis than second step 2b, which is also a distance away from the end face). While Freter illustrates a circular profile, any desirable shape is contemplated (Col. 3, Lines 53-58).
McCarthy discloses a similar tool, wherein any desirable profile shape is also contemplated, examples of which include square, hexagonal, TORX/hexalobe and various gear profiles (Col. 1, Lines 26-29).
Therefore, it would have been obvious to one having ordinary skill in the art at the time of filing to utilize the tool of Freter to produce a profile such as hexagonal, depending on the desired shape of the final hole in the workpiece, which would have a plurality of first steps and a plurality of second steps as claimed.
Regarding claim 5, Freter discloses each of the second steps including a respective second surface region extending in a respective second direction about the central axis of the stepped rotary broach (the angled portion following the step 2b). Each of the first steps includes a respective first connecting region (where the end face and tooth 4b meet) and each of the second steps includes a respective second connecting region 3b. Each of the first and second connecting regions extends in a respective radially-outward direction relative to the central axis.
Regarding claims 6 and 7, as above, Freter does not explicitly disclose a hexalobe outer surface.
McCarthy discloses a similar tool, wherein any desirable profile shape is also contemplated, examples of which include square, hexagonal, TORX/hexalobe and various gear profiles (Col. 1, Lines 26-29).
Therefore, it would have been obvious to one having ordinary skill in the art at the time of filing to utilize the tool of Freter to produce a profile such as a hexalobe, depending on the desired shape of the final hole in the workpiece, which would have a plurality of protrusions, wherein each of the respective step formations is substantially circumferentially aligned about the central axis with a respective one of the protrusions in order to cut the shape in the workpiece.
Regarding claims 8 and 9, as above, Freter does not explicitly disclose a hexagonal outer surface.
McCarthy discloses a similar tool, wherein any desirable profile shape is also contemplated, examples of which include square, hexagonal, TORX/hexalobe and various gear profiles (Col. 1, Lines 26-29).
Therefore, it would have been obvious to one having ordinary skill in the art at the time of filing to utilize the tool of Freter to produce a profile such as a hexagon/polygon, depending on the desired shape of the final hole in the workpiece, which would have a plurality of corners, wherein each of the respective step formations is substantially circumferentially aligned about the central axis with a respective one of the corners in order to cut the shape in the workpiece.
Regarding claims 10 and 11, as above, Freter does not explicitly disclose a serration form outer surface.
McCarthy discloses a similar tool, wherein any desirable profile shape is also contemplated, examples of which include square, hexagonal, TORX/hexalobe and various gear profiles (Col. 1, Lines 26-29).
Therefore, it would have been obvious to one having ordinary skill in the art at the time of filing to utilize the tool of Freter to produce a profile such as a serration form/gear profile, depending on the desired shape of the final hole in the workpiece, which would have a plurality of point protrusions, wherein each of the respective step formations is substantially circumferentially aligned about the central axis with a respective one of the point protrusions in order to cut the shape in the workpiece.
Regarding claim 13, Freter discloses the tool being placed in a ‘suitable tool holder’, but does not disclose details of the tool holder or machining system inherent to the use of the tool (Col. 2, Lines 46-49).
McCarthy discloses a machining system capable of use with the stepped rotary broach of claim 1. The system further comprises a toolholder 36, wherein the toolholder is configured to support the support portion of the rotary broach in a skewed manner, such that the central axis of the stepped rotary broach is not fully aligned with a rotational axis of the toolholder about which the stepped rotary broach spins when the toolholder is operating (Col. 1, Lines 12-26).
It would have been obvious to one having ordinary skill in the art at the time of filing to utilize the tool of Prater in the machining system of McCarthy, in order to produce a desired profile on a workpiece.
Regarding claims 14 and 16, Freter discloses a stepped broach capable of being rotated comprising a support portion 5b configured to allow for the stepped rotary broach to be supported by a tool holder and a contact portion integrally formed with the support portion. The contact portion includes a face (planar end face as illustrated in Fig. 3) and an axially-extending outer surface and extends between the face and the support portion. The support portion extends between the contact portion and a distal end of the stepped rotary broach. The axially-extending surface includes a first contact surface (end face) and a plurality of step formations 4b/2b. Each of the step formations extends between the face and a respective location along the axially-extending surface at which the respective step formation adjoins a respective portion of the first contact surface. Each of the step formations includes a respective first step 4b and second step 2b, each including a respective first surface region (10b and the tapered surface of step 2b) extending in a respective first direction about a central axis of the stepped rotary broach. The respective first surface regions of the respective first and second steps are respectively positioned either more closely to or farther away from the central axis of the stepped rotary broach than are the respective portions of the respective first contact surface that respectfully adjoin the respective step formations. While Freter illustrates a circular profile, any desirable shape is contemplated (Col. 3, Lines 53-58).
McCarthy discloses a similar tool, wherein any desirable profile shape is also contemplated, examples of which include square, hexagonal, TORX/hexalobe and various gear profiles (Col. 1, Lines 26-29).
Therefore, it would have been obvious to one having ordinary skill in the art at the time of filing to utilize the tool of Freter to produce a profile such as hexagonal, depending on the desired shape of the final hole in the workpiece, which would have a plurality of first steps and a plurality of second steps as claimed.
Regarding claim 15, Freter illustrates external broaches (e.g. Fig. 3), but discloses that similar tools in a female die configuration are not new (Col. 3, Lines 71-75).
Therefore, forming the tool of claim 14 as an inverted, internal stepped rotary broach (i.e. the special female die disclosed) would have been an obvious modification one having ordinary skill in the art at the time of filing could have made, in order to form the desired shape on an external surface of a workpiece.
The modified tool above would be an internally stepped rotary broach, wherein the axially-extending surface at least in part forms an internal channel within the stepped rotary broach, wherein the first contact surface is an inner surface that is inwardly-facing, and wherein the respective first surface regions of the respective first and second steps of the respective step formations are respectively positioned closer to the central axis of the stepped rotary broach than are the respective portions of the respective first contact surface that respectively adjoin the respective step formations. See also MPEP 2144.04, VI, A.
Regarding claim 17, Freter discloses the stepped rotary broach being an external stepped rotary broach, wherein the axially-extending surface is a periphery, wherein the first contact surface is an outer surface that is outwardly-facing, and wherein the respective first surface regions of the respective first and second steps of the respective step formations are respectively positioned farther from the central axis of the stepped rotary broach than are the respective portions of the respective first contact surface that respectively adjoin the respective step formations.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Freter (US 2522440) in view of McCarthy (US 10029321) as applied to claim 3 above, further in view of Xu (US 20130156514).
Regarding claim 4, neither Freter nor McCarthy disclose at least one additional step, in addition to the respective first step and the respective second step.
Xu discloses that it is well known in the art to provide a plurality of steps to a broach, in addition to a first and second step (see e.g. Fig. 2).
It would have been obvious to one having ordinary skill in the art at the time of filing to provide a third/additional step to the tool of claim 3, in order to divide the cutting load between three teeth, instead of two, to lessen the stress on each step. Such a modification is nothing more than a duplication of parts, see MPEP 2144.04, VI, B.
Claims 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over McCarthy (US 10029321) in view of Freter (US 2522440).
Regarding claims 18-20, McCarthy discloses a machining method employing a stepped rotary broach 30 comprising mounting the rotary broach on a toolholder 36 in a manner such that the central axis of the rotary broach is skewed relative to a rotational axis of the toolholder (Col. 1, Lines 12-26). The stepped rotary broach includes a support portion (portion grasped by the toolholder 36, visible in Fig. 2) and a contact portion (the cutting portion) integrally formed with or coupled to the support portion. The contact portion includes a face (end face) and a periphery 32 and extends between the face and the support portion, the support portion extending between the contact portion and a distal end of the stepped rotary broach. The periphery includes an outer surface (i.e. the smallest diameter at which the periphery ends up) and a plurality of step formations 34 (a hexagonal periphery is illustrated, each step being a point of the hexagon), wherein each of the step formations extends between the face and a respective location along the periphery at which the respective step formation adjoins a respective portion of the outer surface. The method further comprises causing the toolholder to be activated so as to rotate the stepped rotary broach about the rotational axis, initially moving the toolholder toward a workpiece having a pilot hole until the stepped rotary broach initially contacts the workpiece, the stepped rotary broach experiencing one or more wobbling movements relative to the workpiece due to the central axis being skewed relative to the rotational axis and further moving the toolholder toward the workpiece so that the stepped rotary broach proceeds into the pilot hole and the step formations cut away at the workpiece due to the one or more wobbling movements so that the pilot hole is modified to become an enlarged orifice (Col. 1, Lines 12-26). The stepped rotary broach is then removed from the workpiece, wherein the final orifice has a polygonal (hexagonal) form 22. McCarthy does not disclose each of the step formations including a first step.
Frater discloses a similar tool, wherein each of the step formations includes a respective first step 4b including a respective first surface region (10b ) extending in a respective first direction about a central axis of the stepped rotary broach. The respective first surface regions of the first steps are respectively positioned more closely to the central axis of the stepped rotary broach than are the respective portions of the respective outer surface that respectfully adjoin the respective step formations (i.e. the outer surface(s) of step(s) 4b). Freter also discloses each of the step formations including a respective plurality of steps that includes a respective second step 2b in addition to the respective first step 4b, wherein the respective first step of each of the step formations is located at a respective first distance from the face that is less than a respective second distance from the face at which the respective second step formation is located and wherein the respective first step of each of the step formations is located at a respective third distance from the central axis that is less than a respective fourth distance from the central axis at which the respective second step of the respective step formation is located (see Fig. 3, first step 4b lying on the end face and at a smaller distance from the central axis than second step 2b, which is also a distance away from the end face).
It would have been obvious to one having ordinary skill in the art at the time of filing to modify the tool used in the method of McCarthy, by providing at least a first and second step to each step formation, as taught by Freter, in order to divide the cutting load between two teeth, instead of one, to lessen the stress on each step. Such a modification is nothing more than a duplication of parts, see MPEP 2144.04, VI, B.
The modified tool would then be used by further moving the toolholder toward the workpiece so that the stepped rotary broach proceeds at least partly through or into the workpiece and the respective second steps of the respective step formations following the respective first steps further progressively cut away at the workpiece due to the one or more wobbling movements until the outer surface passes at least partly through or into the workpiece so that the enlarged orifice becomes a final orifice.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Scaduto (US 3858482) and Warren (US 1148065) disclose elements of or similar to the instant invention.
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.
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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.
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/Alan Snyder/Primary Examiner, Art Unit 3722