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: for consistency purposes “the first end surface” of line 4 should be --the forward-facing first end surface--. Appropriate correction is required.
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 1-25 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.
Claim 1 recites the phrase “associated therewith” in line 7, which renders the claim indefinite as it is unclear how exactly there is an operative cutting edge associated therewith. Therewith, what? In what sense? Further clarification is needed.
Claim 1 recites “the N operative cutting edges” in lines 10-11. There is insufficient antecedent basis for the “N operative cutting edges” as no “N operative cutting edges” has been previously introduced in the claims. Further clarification is needed.
Claim 3 recites “the associated coolant exit port” and “the associated inner duct surface” in lines 4-5. It is unclear how exactly the term “associated” is being used in the claim. How exactly there is a coolant duct associated with a coolant exit port and how there is a duct axis associated with the inner duct surface. How are each of these are “associated” with each other? Further clarification is needed.
Claim 4 recites the phrase “associated with” in line 5, which renders the claim indefinite as it is unclear how exactly there is a duct associated with the radially outer coolant region. Associated in what sense? Further clarification is needed.
Claim 5 recites the phrase “fourth plane of the associated radially outer coolant region” in lines 3-4, which renders the claim indefinite as it is unclear how exactly the fourth plane is associated with the radially outer coolant region. Associated in what sense? Further clarification is needed.
Claim 5 recites the phrase “the intersection point is located closer to the associated first radially outermost coolant point” in lines 5-6, which renders the claim indefinite as it is unclear how exactly the intersection point is located closer and is associated with the first radially outermost coolant point. Associated in what sense? Further clarification is needed.
Claim 8 recites the phrase “a convexly curved second inner wall of the associated radially recessed coolant region” in lines 2-3, which renders the claim indefinite as it is unclear how exactly the convexly curved second inner wall is associated with the radially recessed coolant region. Associated in what sense? Further clarification is needed.
Claim 16 recites the phrase “an axial projection thereof” in lines 5-6. It is unclear what exactly is “thereof”. An axial projection of what? Further clarification is needed.
Claim 18 recites the phrase “concavely curved first inner wall of the associated radially outer coolant region” in lines 3-4, which renders the claim indefinite as it is unclear how exactly the concavely curved first inner wall is associated with the radially outer coolant region. Associated in what sense? Further clarification is needed.
Claim 19 recites “a first angular extent” in line 2, however the metes and bounds of from where to where this angular extent is being defined are unclear. Further clarification is needed.
Claim 21 recites the phrase “the operative primary cutting edge portion of the associated operative cutting edge” in lines 2-3, which renders the claim indefinite as it is unclear how exactly the operative primary cutting edge portion is associated with the operative cutting edge. Associated in what sense? Further clarification is needed.
Claim 22 recites “the N axially forwardmost points” in line 2. There is insufficient antecedent basis for the “N axially forwardmost points” as no “N axially forwardmost points” has been previously introduced on claim 22 or in any of the claims from which claim 22 depends on. Further clarification is needed.
Claim 24 recites “a minimum first distance” in line 4, which renders the claim indefinite as it is unclear from where to where this minimum first distance is being defined. Further clarification is needed.
Claim 24 recites the phrase “coolant exit port of one of the associated coolant ducts” in lines 4-5, which renders the claim indefinite as it is unclear how exactly the coolant exit port is associated with one of the coolant ducts. Associated in what sense? Further clarification is needed.
Claim 24 recites the phrase “an axial projection thereof” in line 5. It is unclear what exactly is “thereof”. An axial projection of what? Further clarification is needed.
Claim 24 recites “a minimum second distance” in line 7, which renders the claim indefinite as it is unclear from where to where this minimum second distance is being defined. Further clarification is needed.
Claim 24 recites the phrase “coolant exit port of one of the non-associated coolant ducts” in lines 7-8, which renders the claim indefinite as it is unclear how exactly the coolant exit port is not associated with one of the coolant ducts. Not associated in what sense? Further clarification is needed.
Claim 24 recites the phrase “an axial projection thereof” in line 8. It is unclear what exactly is “thereof”. An axial projection of what? Further clarification is needed.
Claim 25 recites the phrase “associated therewith” in line 8, which renders the claim indefinite as it is unclear how exactly there is an insert receiving pocket associated therewith. In what sense? Therewith, what? Further clarification is needed.
Claim 25 recites “the N seat surface” in lines 12-13. There is insufficient antecedent basis for the “N seat surface” as no “N seat surface” has been previously introduced in the claims. Further clarification is needed.
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) 1-3, 12-16, 20-21, 23 and 25 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Woodruff et al. US 8,439,609 (hereafter—Woodruff--).
In regards to claim 1, Woodruff discloses a rotary cutting tool (Figures 5-10) rotatable about a tool axis in a direction of rotation, the tool axis defining a forward-to-rearward direction, and comprising a tool body (1, 2, and 3) having a front cutting portion (2) and a rear coupling portion (1), the front cutting portion (2) having a front outer peripheral surface with a plurality of N circumferentially spaced apart cut-outs (cut-outs that open to where inserts 4 and disposed at), where N is a specific integer number greater than one (e.g. 2), each cut-out opening out at a front end (see Figure 5) of the front cutting portion (2) and having an operative cutting edge (in the same way as presented by Applicant) associated therewith, wherein a central coolant passage (14 and 15) extends along the tool axis from a rear end (Figure 5) of the rear coupling portion (1) to the front cutting portion (2), and a first plane perpendicular to the tool axis intersects the central coolant passage (14 and 15) and the N operative cutting edges (of insert 4), wherein, in a cross-section taken in the first plane, the central coolant passage (14 and 15) has a non-circular shape with N radially outer coolant regions (14) (note that when a cross-section is taken along a plane perpendicular to the axis, since coolant passage 14 and 15 is made up of a cylindrical first portion 15 and two adjoined substantially semi-circular outer coolant regions 14, the shape of the central coolant passage will be non-circular in shape), each radially outer coolant region (14) having a first radially outermost coolant point, and the central coolant passage (14 and 15) is circumscribed by an imaginary first circle having a first diameter and a center coincident with the tool axis, and wherein: at least one coolant duct (17) extends transversely from each radially outer coolant region (14) to intersect with and open out at one of the N cut-outs (see Figure 5) at a coolant exit port (see Figure 5).
In regards to claim 2, Woodruff discloses the cutting tool according to claim 1, Woodruff also discloses that in the cross-section taken in the first plane: each first radially outermost coolant point lies on the imaginary first circle.
In regards to claim 3, Woodruff discloses the cutting tool according to claim 1, Woodruff also discloses that each coolant duct (17) has a circumferentially closed inner duct surface (in the same way as presented by Applicant), and each coolant duct (17) extends along a rectilinear duct axis from the central coolant passage (14 and 15) to the associated coolant exit port (see Figure 5) without the duct axis (of 17) intersecting the associated inner duct surface (in the same way as presented by Applicant).
In regards to claim 12, Woodruff discloses the cutting tool according to claim 1, Woodruff also discloses that the front cutting portion's front end has a forward-facing first end surface (in the same way as presented by Applicant), and the central coolant passage (14 and 15) terminates axially rearward of the first end surface (in the same way as presented by Applicant, see Figure 5 and note that 14 and 15 is a closed channel that does not open to the forward-facing end surface, and thus terminates axially rearward of the first end surface).
In regards to claim 13, Woodruff discloses the cutting tool according to claim 12, Woodruff also discloses that each cut-out intersects the first end surface (see Figure 5), and each coolant exit port (of ducts 17) is located axially rearward of the first end surface (see Figure 5).
In regards to claim 14, Woodruff discloses the cutting tool according to claim 1, Woodruff also discloses that the first plane intersects at least N coolant ducts (17).
In regards to claim 15, Woodruff discloses the cutting tool according to claim 14, Woodruff also discloses that in the cross-section taken in the first plane: the tool body exhibits N-fold rotational symmetry about the tool axis (e.g. two-fold).
In regards to claim 16, Woodruff discloses the cutting tool according to claim 1, Woodruff also discloses that in the cross-section taken in the first plane: the plurality of N cut-outs are inscribed by an imaginary second circle (in the same way as presented by Applicant) at N first radially innermost cut-out points, and at least N coolant ducts (17) traverse the imaginary second circle, or an axial projection thereof.
In regards to claim 20, Woodruff discloses the cutting tool according to claim 1, Woodruff also discloses that each operative cutting edge (in the same way as presented by Applicant) has an axially forwardmost cutting point (see Figure 5) and an operative primary cutting edge portion (in the same way as presented by Applicant) extending radially outwardly and axially rearwardly from the axially forwardmost cutting point (in the same way as presented by Applicant).
In regards to claim 21, Woodruff discloses the cutting tool according to claim 20, Woodruff also discloses that each coolant duct (17) directs coolant fluid towards the operative primary cutting edge portion of the associated operative cutting edge (see Figure 10).
In regards to claim 22, Woodruff discloses the cutting tool according to claim 20, Woodruff also discloses that the N axially forwardmost points (NFC) are contained in a second plane perpendicular to the tool axis, and no portion of the cutting tool is located axially forward of the second plane (see Figure 5).
In regards to claim 23, Woodruff discloses the cutting tool according to claim 1, Woodruff also discloses that each cut-out has an insert receiving pocket with a cutting insert (4) removably secured therein, and the operative cutting edge is formed on the cutting insert (4).
In regards to claim 25, Woodruff discloses a rotary cutting tool body (Figures 5-10) rotatable about a tool axis in a direction of rotation, the tool axis defining a forward-to-rearward direction, the tool body (1, 2, and 3) comprising a front cutting portion (2) and a rear coupling portion (1), the front cutting portion (2) having a front outer peripheral surface with a plurality of N circumferentially spaced apart cut-outs (cut-outs that open to where inserts 4 and disposed at), where N is a specific integer number greater than one (e.g. 2), each cut-out opening out at a front end (see Figure 5) of the front cutting portion (2) and having an insert receiving pocket associated therewith, the insert receiving pocket having a seat surface with a screw bore (22) formed therein, wherein a central coolant passage (14 and 15) extends along the tool axis from a rear end (Figure 5) of the rear coupling portion (1) to the front cutting portion (2), and a first plane perpendicular to the tool axis intersects the central coolant passage (14 and 15) and the N seat surfaces, wherein, in a cross-section taken in the first plane, the central coolant passage (14 and 15) has a non-circular shape with an integer number N radially outer coolant regions (14), each radially outer coolant region (14) having a first radially outermost coolant point, and the central coolant passage (14 and 15) is circumscribed by an imaginary first circle having a first diameter and a center coincident with the tool axis, and wherein: at least one coolant duct (17) extends transversely from each radially outer coolant region (14) to intersect with and open out at one of the N cut-outs (see Figure 5) at a coolant exit port (see Figure 5).
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.
Claim(s) 17-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Woodruff et al. US 8,439,609 (hereafter—Woodruff--) as applied to claims 1 and 16 above.
In regards to claim 17, Woodruff discloses the cutting tool according to claim 16, Woodruff also discloses that the imaginary second circle has a second diameter and a center coincident with the tool axis, and the second diameter being larger than the first diameter, such that the first diameter is greater than a certain percentage of the second diameter.
However, Woodruff fails to disclose that the first diameter is greater than fifty percent of the second diameter.
Nevertheless, it would have been obvious to one having ordinary skill in the art at the time of the invention was filed to provide the diameters of each of the first and second circles as desired, such as having the second diameter being greater than fifty percent of the second diameter, since it has been held that discovering an optimum value of a result effective variable (coolant delivery without affecting the overall strength of the body of the tool) involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980).
In regards to claim 18, Woodruff discloses the cutting tool according to claim 1, Woodruff also discloses that in the cross-section taken in the first plane: each first radially outermost coolant point (of 14) is located on a concavely curved first inner wall (as presented by Applicant) of the associated radially outer coolant region (14) having a first radius, and the first radius.
However, Woodruff fails to disclose that the first radius is greater than ten percent of the first diameter.
Nevertheless, it would have been obvious to one having ordinary skill in the art at the time of the invention was filed to provide the radius of curvature of the concavely curved first inner wall of the outer coolant region as desired, such as greater than ten percent of the first diameter, since it has been held that discovering an optimum value of a result effective variable (coolant delivery) involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980).
In regards to claim 19, Woodruff discloses the cutting tool according to claim 18, Woodruff also discloses that each first inner wall has a first angular extent of about 180°, as the inner wall is a semi-circle, thus meeting the claimed greater than ninety degrees
Allowable Subject Matter
Claims 4-11, 22 and 24 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NICOLE N RAMOS whose telephone number is (571)272-5134. The examiner can normally be reached Mon-Thu 7:00 am -5:00 pm.
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/NICOLE N RAMOS/Primary Examiner, Art Unit 3722