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 § 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) 1-10 and 15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Treige (US 2006/0048615).
Regarding to claim 1, Treige discloses a head replaceable cutting tool [as can be seen from Figure 4-5 in Treige] having a replaceable head (working end 4, as described in paragraph 0073 and can be seen from Figure 4 in Treige), the head replaceable cutting tool [Figure 4-5] comprising: a shank (body of holder 20, as described in paragraph 0073-0074 in Treige) to which the head (4) is attachable [as described in a paragraph 0073-0074 and can be seen from Figures 4-5 in Treige], the shank (body of holder 20) being attachable to a machine tool (rotary tool such as a drill or milling cutter, as describes in paragraph 0073 in Treige) for moving the shank (body of 20) along an axis (axis of rotation, as described in paragraph 0073 in Treige) of the shank (body of 20) [as described in paragraph 0073 in Treige], a projection portion (multi-radial shaft 1, as can be seen from Figure 4 in Treige) disposed in one of the head (4) and the shank (body of 20) [as can be seen from Figure 4 in Treige]; a hole portion (bore of holder 21, as can be seen from Figures 4-5 in Treige), to which the projection portion (1) is removably attachable along a central axis [as can be seen from Figures 4-5 in Treige], disposed in an end portion of the other of the head and the shank [as can be seen from Figures 4-5 in Treige]; a fastening member (set screw 22, as can be seen from Figure 5 in Treige) that presses the projection portion (1) toward an inner circumference surface (an inner surface of 21, as can be seen from Figure 5 in Treige) of the hole portion (21) [as can be seen from Figure 5 in Treige]; and a fastened portion (portion of holder 20 receiving set screw 22, as can be seen from Figure 5 in Treige) disposed in the shank (body of holder 20) to fasten the fastening member (22) [as can be seen from Figure 5 in Treige], wherein the hole portion (21) has a transverse cross-sectional shape that is a substantially circular shape having a curvature radius R1 [as can be seen from Figure 5 in Treige], and the projection portion (1) has a transverse cross-sectional shape including a contact portion (portion of 1 that contacts inner surface of 21, as can be seen from Figures 5-10 in Treige) at which an outer circumference surface (an outer circumference surface of 1, as can be seen from Figures 4-5 in Treige) of the projection portion (1) is in contact with the inner circumference surface (inner surface of 21) of the hole portion (21) and a clearance portion (gap portions between outer surface of 1 and inner surface of 21, as can be seen from Figure 5 in Treige) that is formed in a part of the outer circumference surface (outer surface of 1) so as to deviate radially inward from a virtual circle corresponding to the inner circumference surface (inner surface of 21) and does not come into contact with the inner circumference surface (inner surface of 21) [as can be seen from Figure 5 in Treige].
Regarding to claim 2, Treige disclose the head replaceable cutting tool [as can be seen from Figure 4-5 in Treige] according to claim 1, wherein a shape of the clearance portion (gap portions between outer surface of 1 and inner surface of 21) formed between the virtual circle and the outer circumference surface (outer surface of 1) of the projection portion (1) as viewed along the central axis is defined by two curves or lines that approximate the curves [as can be seen from Figure 5-10 in Treige].
Regarding to claim 3, Treige disclose the head replaceable cutting tool [as can be seen from Figure 4-5 in Treige] according to claim 2, wherein the clearance portion has a shape defined by two arcs with different curvatures [as can be seen from Figure 5-10 in Treige].
Regarding to claim 4, Treige disclose the head replaceable cutting tool [as can be seen from Figure 4-5 in Treige] according to claim 3, wherein the projection portion (1) has a transverse cross-sectional shape including a portion (a first portion of 1 located adjacent A3, as can be seen from Figures 5-6 in Treige) having a curvature radius R2 that is greater than the curvature radius R1 of the hole portion [as can be seen from Figure 5 in Treige. Note that portion of the projection portion 1 is interpreted as having a greater curvature since the diameter of 1 is smaller than the diameter of 21, which therefore has a higher curvature due to a sharper bend], and a first clearance portion (clearance at bottom surface of 1 located adjacent A3, as can be seen from Figures 5-6 in Treige) is formed in the portion (first portion of 1 located adjacent A3) having the curvature radius R2 [as can be seen from Figures 5-10 in Treige].
8. Regarding to claim 5, Treige disclose the head replaceable cutting tool [as can be seen from Figure 4-5 in Treige] according to claim 4, wherein the first clearance portion (clearance located at bottom surface of 1 located adjacent A3) is formed on an opposite side in the projection portion to an abutment portion (portion located at a top surface of 1 adjacent A1, as can be seen from Figures 5-6 in Treige) against which the fastening member (22) abuts [as can be seen from Figure 5-6 in Treige].
9. Regarding to claim 6, Treige disclose the head replaceable cutting tool [as can be seen from Figure 4-5 in Treige] according to claim 5, wherein a plurality of the clearance portions (first clearance portion located adjacent A3, a second clearance portion located adjacent A2, a clearance portion located adjacent A4) are formed in the projection portion (1) [as can be seen from Figures 5-10 in Treige].
10. Regarding to claim 7, Treige disclose the head replaceable cutting tool [as can be seen from Figure 4-5 in Treige] according to claim 6, wherein the projection portion (1) has a transverse cross-sectional shape including a portion (a portion of 1 located adjacent A2, as can be seen from Figures 5-6 in Treige) having a curvature radius R3 that is greater than the curvature radius R1 of the hole portion (21) [as can be seen from Figure 5 in Treige. Note that the portion of the projection portion 1 is interpreted as having a greater curvature since the diameter of 1 is smaller than the diameter of 21, which therefore has a higher curvature due to a sharper bend], and a second clearance portion (second clearance portion located adjacent A2, as can be seen from Figures 5-6 in Treige) is formed in the portion (portion of 1 located adjacent A2) having the curvature radius R3.
11. Regarding claim 8, Treige discloses the head replaceable cutting tool [as can be seen from Figure 4-5 in Treige] according to claim 7, wherein a pair of the second clearance portions (second clearance portion located adjacent A2, clearance portion located adjacent A4, as can be seen from Figures 5-6 in Treige) are formed.
12. Regarding to claim 9, Treige disclose the head replaceable cutting tool [as can be seen from Figure 4-5 in Treige] l according to claim 8, wherein the pair of second clearance portions (second clearance portion located adjacent A2, clearance portion located adjacent A4, as can be seen from Figures 5-6 in Treige) are formed at positions across the central axis [as can be seen from Figures 5-6 in Treige].
13. Regarding to claim 10, Treige disclose the head replaceable cutting tool [as can be seen from Figure 4-5 in Treige] according to claim 9, wherein the pair of second clearance portions (second clearance portion located adjacent A2, clearance portion located adjacent A4, as can be seen from Figures 5-6 in Treige) are formed symmetrically with respect to a line connecting a center of the abutment portion (portion located at a top surface of 1 adjacent A1) and the central axis [as can be seen from Figures 5-6 in Treige].
14. Regarding to claim 15, Treige discloses a fastening projection portion of a head replaceable cutting tool [as can be seen from Figure 4-5 in Treige] including a head (working end 4, as described in paragraph 0073 and can be seen from Figure 4 in Treige) and a shank (body of holder 20, as described in paragraph 0073-0074 in Treige) to which the head (4) is attachable [as described in a paragraph 0073-0074 and can be seen from Figures 4-5 in Treige], the shank (body of holder 20, as described in paragraph 0073-0074 in Treige) being attachable to a machine tool (rotary tool such as a drill or milling cutter, as describes in paragraph 0073 in Treige) for moving the shank (body of 20) along an axis (axis of rotation, as described in paragraph 0073 in Treige) of the shank (body of 20) [as described in paragraph 0073 in Treige], the fastening projection portion comprising a projection portion (multi-radial shaft 1, as can be seen from Figure 4 in Treige) is disposed in one of the head (4) and the shank so as to be removably attachable to a hole portion (bore of holder 21, as can be seen from Figures 4-5 in Treige) disposed in the other of the head and the shank along a central axis [as can be seen from Figures 4-5 in Treige], wherein the projection portion (1) has a transverse cross-sectional shape including: a plurality of arc-shaped clearance portion (gap portions between outer surface of 1 and inner surface of 21, as can be seen from Figure 5 in Treige) forming surfaces that deviate radially inward from a virtual circle corresponding to an inner circumference surface of the hole portion to form clearance portions in parts of an outer circumference surface (an outer circumference surface of 1, as can be seen from Figures 4-5 in Treige) of the projection portion, and a contact portion (portion of 1 that contacts inner surface of 21, as can be seen from Figures 5-10 in Treige) forming region located on the virtual circle between the clearance portion forming surfaces [as can be seen from Figure 5 in Treige].
Claim Rejections - 35 USC § 103
15. 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.
16. Claim(s) 11-14 are is/are rejected under 35 U.S.C. 103 as being unpatentable over Treige (US 2006/0048615).
17. Regarding claim 11, 12, and 13, Treige disclose the head replaceable cutting tool [as can be seen from Figure 4-5 in Treige] according to claim 10, having R1, R2, R3. However, Treige does not explicitly disclose magnitudes of R2 and R3 of the portion having the curvature radius R2 and the portion having the curvature radius R3 of the projection portion satisfy “R1< R3 < R2”, “R1< R2 < R3”, and “R1< R2 = R3” with respect to the curvature radius R1 of the hole portion. However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the size/dimensions of R1, R2, and R3, as an obvious to try size/dimension, which would yield predictable solutions with a reasonable expectation of success.
18. Regarding to claim 14, Treige disclose the head replaceable cutting tool [as can be seen from Figure 4-5 in Treige] according to claim 1, wherein the curvature radius R1 of the hole portion (21) is set to a value in a range that secures material thickness around the hole portion (21) according to a size of the shank (body of holder) [as can be seen from Figures 4-10 in Treige]. However, Treige does not explicitly disclose setting the value in a range that secures material thickness around the hole portion to limit deformation of the hole portion according to a size of the shank. However, having a set value that secures material thickness around the hole portion would limit deformation of the hole portion according to a size of the shank. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus disclosed by Treige to including setting the value in a range that secures material thickness around the hole portion to limit deformation of the hole portion according to a size of the shank as a known technique applied to a known device, which would yield predictable results.
Response to Arguments
19. Applicant's arguments filed 6/17/26 have been fully considered but they are not persuasive. Applicant has amended the claim to further define the shank being attachable to a machine tool. However, the prior art of record still discloses the recited limitations, as rejected above. Applicant argues the prior art does not disclose “a replaceable head”. However, the head 4 can be removed from holder 20 and therefore interpreted as being a replaceable head. Applicant has amended the claims; however, applicant’s amendments have failed to add sufficient structure to overcome the prior art of record.
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.
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/NIRVANA DEONAUTH/ Primary Examiner, Art Unit 3726