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 .
Election/Restrictions
Applicant’s election without traverse of Group I, claims 1-17 in the reply filed on 01/26/2026 is acknowledged.
Claims 18-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Groups II and III, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 01/26/2023.
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 1-17 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.
Claim 1 recites in line 11, that the thread milling tool is “an integrally formed tool”. However, it is unclear if this is a product by process limitation or if the tool is a monolithic tool. Further clarification is needed.
Claim 1 recites in lines 12-13 that at least one insert pocket, “which is not a forward insert pocket, is devoid of an associated support protrusion”. First, it is unclear what it means for an insert pocket to not be a forward insert pocket. Second, the term “associated” is unclear as it is unclear how exactly the insert pocket is being “associated” with a support protrusion. Third, it is unclear what exactly this “support protrusion” is. Is it a support protrusion, within the insert pocket? Is it protruding from the insert pocket? Radially protruding? Axially protruding? The metes and bounds of what specifically is being defined as the “support protrusion” are not clearly set forth. Further clarification is needed.
Claim 5 it its entirety is unclear and confusing. What exactly means for the axially adjacent insert pockets to be not rotationally adjacent to one another? What does it mean for the imaginary helix circles the rotational axis at least twice? Further clarification is needed.
Claim 6 it its entirety is unclear and confusing. What exactly means for “a lap sum SL, defined as the number of times the imaginary helix (H) circles the rotational axis (S)”? How is this defined? If it is an imaginary helix, then what is the specific structure that permits the helix to circle the rotational axis? How is the helix defined? Further clarification is needed.
Claim 7 recites in lines 1-2 that a majority of insert pockets are “devoid of an associated support protrusion”. Similar to claim 1, the term “associated” is unclear as it is unclear how exactly the insert pocket is being “associated” with a support protrusion. It is unclear what exactly this “support protrusion” is. Is it a support protrusion, within the insert pocket? Is it protruding from the insert pocket? Radially protruding? Axially protruding? The metes and bounds of what specifically is being defined as the “support protrusion” are not clearly set forth. Further clarification is needed.
Claim 8 recites in line 1 that “only the forward insert pocket has an associated support protrusion”. First it is unclear, if there is only a single one forward insert pocket. Second, the term “associated” is unclear as it is unclear how exactly the insert pocket is being “associated” with a support protrusion. It is unclear what exactly this “support protrusion” is. Is it a support protrusion, within the insert pocket? Is it protruding from the insert pocket? Radially protruding? Axially protruding? The metes and bounds of what specifically is being defined as the “support protrusion” are not clearly set forth. Further clarification is needed.
Claim 15 recites in line 17 “the axial distance” along the rotational axis. However, there is insufficient antecedent basis for “the axial distance” since no “axial distance” has been previously introduced in the claim. Furthermore, it is unclear how exactly this distance is being defined. Is it that the extension of the axis defines this direction? Further clarification is needed.
Claim 15 recites in lines 20-21 the term “associated” is unclear as it is unclear how exactly the insert pocket is being “associated” with a support protrusion. It is unclear what exactly this “support protrusion” is. Is it a support protrusion, within the insert pocket? Is it protruding from the insert pocket? Radially protruding? Axially protruding? The metes and bounds of what specifically is being defined as the “support protrusion” are not clearly set forth. Is this support protrusion in addition to the one already set forth in claim 1? Is this support protrusion a structural element of the actual protruding cutting teeth? Further clarification is needed.
Claim 17 recites in lines 4-6 “a number N of unoccupied insert pockets, which are located at different axial locations, being located between each axially adjacent pair of thread-cutting inserts, which are located at different axial locations, being the same”. However, it is unclear what exactly is “the same”. What exactly means by “located at different axial location, being located axially adjacent pair of thread-cutting insert, which are located at different axial locations, being the same”? The way these limitations have been set forth is confusing. 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) 1-2, 4-5, 7, 9-11, 15 and 17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by WO 2010/101512 (hereafter—WO’512--).
In regards to claim 1, WO’512 discloses a thread milling tool (23) being rotatable in a rotation direction about a rotational axis (AT) defining opposing inward and outward radial directions and opposing forward and rearward directions, the thread milling tool (23) comprising: a shank portion; and a cutting portion (where pockets 57, 157 are disposed at) located forwardly of the shank portion, the cutting portion comprising: a cylindrical-shaped cutting peripheral surface (see Figures 4A, 4B); and a plurality of insert pockets (57, 157) recessed into the cutting peripheral surface (see Figures 4A, 4B); wherein: the plurality of insert pockets (57, 157) are at least five insert pockets (see Figure 4A-4C); the thread milling tool (23) is an integrally formed tool; and at least one insert pocket (57), which is not a forward insert pocket (157), is devoid of an associated support protrusion (note that as per Figures 4A and 4B, the pocket 57 does not have any protrusion, protruding in a radially outward way, as best understood).
In regards to claim 2, WO’512 discloses the thread milling tool according to claim 1, WO’512 also discloses that all of the insert pockets (57,157) are axially spaced apart from one another along the rotational axis (AT).
In regards to claim 4, WO’512 discloses the thread milling tool according to claim 2, WO’512 also discloses that the plurality of insert pockets (42) are evenly distributed about and define an imaginary helix (H) centered about the rotational axis (S).
In regards to claim 5, WO’512 discloses the thread milling tool according to claim 4, WO’512 also discloses that axially adjacent insert pockets (157 and 57) are not rotationally adjacent to one another and the imaginary helix circles the rotational axis (AT) at least twice.
In regards to claim 7, WO’512 discloses the thread milling tool according to claim 1, WO’512 also discloses that a majority of the insert pockets (57) are devoid of an associated support protrusion.
In regards to claim 9, WO’512 discloses the thread milling tool according to claim 1, WO’512 also discloses that there are six axially spaced apart insert pockets (see Figures 4C and 4B), thus meeting the claimed limitation of “at most seventeen axially spaced apart insert pockets”.
In regards to claim 10, WO’512 discloses the thread milling tool according to claim 1, WO’512 also discloses that each pair of rotationally adjacent insert pockets (57 or 157; or 57 and 157; or pair of 57 or pair of 157) are, at least partially, rotationally spaced apart from one another in the rotation direction.
In regards to claim 11, WO’512 discloses the thread milling tool according to claim 1, WO’512 also discloses that at least one insert pocket (57 or 157) is surrounded by the cutting peripheral surface.
In regards to claim 15, WO’512 discloses the thread milling tool according to claim 1, WO’512 also discloses a thread milling cutter (Figures 4A-C) comprising the thread milling tool (23) and a plurality of thread-cutting inserts (37) releasably secured thereto, each thread-cutting insert (37) comprising: opposing top and bottom insert surfaces; a peripheral insert surface connecting the top and bottom insert surfaces; and a protruding cutting tooth (61) formed with a protruding cutting edge (61) located at an intersection of the top insert surface and the peripheral insert surface, the protruding cutting tooth (61) protruding in the outward radial direction from the respective insert pocket (57,157); each insert pocket (57, 157) of the thread milling tool (23) has an insert seat center (center of 57, 157); and all axially adjacent insert pockets (57, 157) which are located at different axial locations are axially spaced apart from one another by a tool pitch length measured parallel to the rotational axis (AT), from the insert seat center of one of said insert pockets (57, 157) to an axially adjacent one of said insert pockets (57, 157); wherein: all axially adjacent thread-cutting inserts (37) which are located at different axial locations are distanced by an insert pitch length, defined as the axial distance along the rotational axis (AT) between the protruding cutting edges (61) belonging to said each pair of axially adjacent thread-cutting inserts (61); and at least one of the protruding cutting teeth (61) is devoid of an associated support protrusion.
In regards to claim 17, WO’512 discloses the thread milling tool according to claim 15, WO’512 also discloses that the thread-cutting inserts (37) are releasably secured to a subset of the insert pockets (57, 157) such that at least some of the insert pockets (57, 157), which are located at different axial locations, are capable of being unoccupied, with a number N of unoccupied insert pockets, which are located at different axial locations, being located between each axially adjacent pair of thread-cutting inserts (37), which are located at different axial locations, being the same.
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) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over WO 2010/101512 (hereafter—WO’512--).
In regards to claim 3, WO’512 discloses the thread milling tool according to claim 2, WO’512 also discloses that the cutting portion has a diameter.
However, WO’512 fails to disclose that the diameter fulfills the following condition: Dm ≤ 50 mm.
It would have been obvious to one having ordinary skill in the art at the time of the invention was made to provide WO’512 cutting portion with a desired diameter size, such as being less than or equal to 50 mm since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art (e.g. depending on the size of the workpiece being machined. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980).
Examiner's Notes
It has been noted that no art has been presented for claim 8, however the examiner reserves the right to present art when the 35 USC 112 2nd issues are resolved.
Allowable Subject Matter
Claim 6, 12-14, and 16 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