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 .
Response to Arguments
The previous objection of claims 1 and 6 due to minor informalities has been withdrawn in light of applicant’s amendments made 11/07/2025.
The previous rejection of claim(s) 1-8 over 35 U.S.C. 112(b) as being indefinite has been overcome in light of the amendments made to claim(s) 1 on 11/07/2025.
Applicant's arguments filed 11/07/2025 have been fully considered but they are not persuasive. Applicant argues Liu et al. (CN 2642247 Y) fails to disclose “a convex arc transition”, “a concave arc transition”, and a “conical end” as recited in independent claim 1. However, Liu is not relied upon to teach these limitations, Feldmann et al. (US 2019/0029696 A1) is.
With respect to Feldmann, applicant argues the transition portion 72 of Feldmann is different from the claimed convex arc transition or the concave arc transition. However, as noted in the Non-Final Rejection mailed 8/11/2025, the transition portion 72 of Feldmann is not interpreted as either the convex arc transition or the concave arc transition. Therefore, applicant’s argument is moot. Instead, the claimed convex arc transition is equated to the convex protruding portion along the cutting edge 3 as shown in annotated Fig. 3 below and the concave arc transition is equated to the concave cut-out portion along the cutting edge 3 as shown in annotated Fig. 3 below. Neither relates to the transition portion 72.
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Applicant further argues that the conical chisel face 225 of Feldmann formed between the point 223 of the body 2 and the cutting edge 3 is different from the claimed conical end. Applicant's arguments fail to comply with 37 CFR 1.111(b) because they amount to a general allegation that the claims define a patentable invention without specifically pointing out how the language of the claims patentably distinguishes them from the references. For example, it is unclear how the conical chisel face 225 of Feldmann is different from the claimed conical end. Both are conical and the conical chisel face 225 is formed between the point 223 of the body at the distal terminal end of the body 2 and the cutting edge 3 ([0038]). Thus, the conical chisel face 225 is provided at an end part of one end (distal end) of the body 2. Accordingly, the conical chisel face 225 of Feldmann is found to have the same structure as the claimed conical end and is therefore equivalent to the claimed conical end.
For at least the reasons noted above, applicant’s arguments over Liu in view of Feldmann are not found persuasive.
Claim Rejections - 35 USC § 103
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 (i.e., changing from AIA to pre-AIA ) 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 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-5 and 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Liu et al. (CN 2642247 Y) in view of Feldmann et al. (US 2019/0029696 A1).
Regarding claim 1, Liu discloses an electric knife (Fig. 1) capable of eliminating neck humps (as the electric bone drill may be used in the body of a patient; abstract; see attached English translation), comprising a drill bit (drill bit; abstract) and a rotary driver (speed regulating motor; page 2 of translation under Specific execution examples); the rotary driver comprises a motor (speed regulating motor); one end of a flexible shaft (rotating soft shaft 3) is connected with a rotating shaft (motor transmission shaft 6) arranged on the motor (Fig. 1); and an other end of the flexible shaft (2) is connected with the other end of the rod body (at the main shaft; page 2, paragraph 4 of translation).
Liu fails to disclose wherein the drill bit comprises a rod body; a spiral groove arranged clockwise along a side wall of the rod body, and the spiral groove is installed at one end of the rod body; a cutting edge is located at a rear end of a notch of a cross section of the rod body at the spiral groove when the rod body rotates clockwise according to the spiral groove at a front end; a notch at the other side opposite to the cutting edge configured to be a convex arc transition; wherein a concave arc transition is provided between the cutting edge and the spiral groove; and wherein a conical end is provided at an end part of one end of the rod body.
However, Feldmann teaches a drill bit (1) for use in the body (abstract), wherein the drill bit (1) comprises a rod body (71; Fig. 2); a spiral groove (spiral flute 5) arranged clockwise along a side wall of the rod body (Fig. 2), the spiral groove (5) is installed at one end (distal end of 71) of the rod body (Fig. 2); a cutting edge (the corner of cutting edge 3; see annotated Fig. 1 below) is located at a rear end of a notch (see annotated Fig. 1 below) of a cross section of the rod body (71) at the spiral groove (5) when the rod body rotates clockwise according to the spiral groove at a front end (Fig. 2); a notch at the other side opposite to the cutting edge is configured to be a as a convex arc transition (see annotated Fig. 1 below); wherein a concave arc transition (see annotated Fig. 1 of Feldmann above claim 1) is provided between the cutting edge and the spiral groove (Fig. 1 of Feldmann); wherein a conical end (conical chisel face 225) is provided at an end part of one end (distal end 22) of the rod body (Fig. 2 of Feldmann).
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute for the drill bit of Liu the drill bit of Feldmann as claimed because the substitution of one known element drill bit for another would have yielded the predictable result of drilling into the body of a patient. Further, the drill bit of Feldmann allows for minimizing heat production when drilling (abstract).
Regarding claim 2, Liu modified discloses the invention as claimed above, and Liu further discloses wherein a chassis (power box 2) is covered outside the motor (Fig. 1).
Regarding claim 3, Liu modified discloses the invention as claimed above, and Liu further discloses wherein a foot switch (foot control switch 8) controls a switch of the motor (page 2, paragraph 5 of the translation), a connecting line (cord between 8 and 2; Fig. 1) is arranged between the foot switch (8) and the motor (Fig. 1), and the foot switch (8) is connected to a power supply (power supply plug 7).
Regarding claim 4, Liu modified discloses the invention as claimed above, and Liu further discloses wherein the motor is communicated with one end of the flexible shaft (3) by a speed reducer (speed-adjusting portion of motor transmission shaft 6; page 2, paragraph 5 of the translation).
Regarding claim 5, Liu modified discloses wherein one spiral groove (5 of Feldmann) is arranged on the rod body (71; Fig. 2; one single spiral flute 5; [0038] of Feldmann).
Regarding claim 8, Liu discloses wherein the rod body (71) is made of metal (metal, e.g. stainless steel, tungsten carbide or platinum; [0009] of Feldmann).
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 SARAH A LONG whose telephone number is (571)270-3865. The examiner can normally be reached Monday-Friday 9am-5pm.
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/SARAH A LONG/Primary Examiner, Art Unit 3771