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 II and the embodiment of Figures 1-4, corresponding claims 17-22 in the reply filed on 12/26/2025 is acknowledged. Claims 1-16 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected group.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 12/01/2023 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Specification
The abstract of the disclosure is objected to because that is not what the claimed invention is drawn to (see claims 17-22). Correction is required. See MPEP § 608.01(b), section I, B recites “A patent abstract is a concise statement of the technical disclosure of the patent and should include that which is new in the art to which the invention pertains”.
Claim Objections
Claim 18 is objected to because of the following informalities: line 3 “second open end” should read –a second open end--. Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
Claim 21 limitation “a retaining member…is removably secured therein by the retaining member” invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph because the claim limitation uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier.
For an example, First, "member" is a generic substitute for “means”; second, the "member" is modified by functional language including “the removable indicia plate …is removably secured therein by the retaining member”; and third, the "member" is not modified by sufficient structure to perform the recited function because "retaining" preceding member describes the function, not the structure of the member.
Since the claim limitation(s) invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, claim 21 has been interpreted to cover the corresponding structure described in the specification that achieves the claimed function, and equivalents thereof. Please note the “retaining member” in claim 17 does NOT invoke 35 U.S.C. 112(f) since it does NOT meet the three-prong test.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 102
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 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.
Claims 17-19 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Takahashi et al (2010/0040474 A1) hereinafter Takahashi.
Regarding claim 17, Takahashi shows an apparatus (Figure 1) comprising: a shaft (a spindle 1, Figure 1) having a first end (from a drive motor as discussed in Para. 34 “The spindle 1 of a circular sawing machine is rotated about an axis J by a drive motor”) and a second end (where a fixing device 10 is attached therein) opposite the first end (see Figure 1);
a high-speed rotary cutter head (a circular blade 2) mounted on the shaft between the first end and the second end (see Figure 1); and
an endcap (12, 13, Figure 2) having a removable indicia plate mounted at the second end (as this is written “a removable indicia plate”, it is unclear what the “removable” indicia plate is removable relative with; therefore, see Takahashi’s Figure 2; the fixing flange 14 can be considered as a removable indicia plate because flanges 12-13 with the fixing flange 14 together are removable from the end of the drive shaft for replacing or removed the blade as discussed in Para. 19, the last line “replacing the rotary blade”. With regards to the “indicia”, the fixing flange 14 has slip-preventing portion 14f and a pinch portion 14d, Figure 6, that meets the “indicia”. See Applicant’s specification, para. 66 “indicia 128 such as … marks or symbols”).
Regarding claim 18, Takahashi shows that the endcap comprises:
an endcap body (a body of the flange 13, Figure 2) defining a through-hole (13a, for receiving a fixing thread portion 14a and an end portion 1c of the spindle 1, Figure 2) extending from a first open end of first inner diameter to a second open end of a second inner diameter less than the first inner diameter (see Figure 2; the top open end of the through-hole “at the references 13e, 13f” is greater than the second end of the through-hole “at the reference 13a”);
an annular inner wall (13g, Figure 2) surrounding a through-hole (13a) defined by the endcap body;
an annular channel in the inner wall (13f, Figure 2), the annular channel receiving at least a portion of a retaining member (16, Figure 7) therein.
Regarding claim 19, Takahashi shows that the endcap (12, 13) further comprising an annular first step defined in the annular inner wall (see Figure 1 below), the annular first step sized to receive the removable indicia plate thereon (see Figure 1 below).
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Claims 21-22 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Dudzinsky (US 2016/0074948).
Regarding claim 21, as the claim is written, it is just claimed structures of an endcap, therefore, Dudzinsky shows an endcap (12, Figure 1) for “a high-speed rotary cutter head mounted on a shaft for mounting to a machine tool” (this is intended use limitation. See this endcap can be for a cutting tool as discussed in Abstract), the endcap comprising:
an endcap body (a body of a piece 12, Figure 3) comprising: an annular inner wall (22b-22c, Figure 3) surrounding a through-hole (for receiving a screw 15, Figure 3) defined by the endcap body;
an annular channel in the inner wall (22d, Figure 3);
a retaining member (20, Figure 1);
a removable indicia plate (a cap 14, Figure 1, has “a plurality of circular edges on its top surface” that meets the “indicia”. See Applicant’s specification, para. 66 “indicia 128 such as … marks or symbols”);
wherein the removable indicia plate is mounted within the through-hole in the endcap body and is removably secured therein by the retaining member (see Figure 3 and Para. 19 “a retaining ring 20 for releasably securing the coolant cap 14 to the cutter body 12”).
Regarding claim 22, Dudzinsky shows that the annular inner wall defines an annular first step (28c, Figure 3), and wherein the retaining member is seated in the annular channel such that an annular portion of the retaining member is in the annular channel (see Figure 3, the ring 20 is in the retaining ring notch 22d) and another annular portion of the retaining member bears against the removable indicia plate (see the surface 26c, Figure 3) to sandwich the removable indicia plate between the retaining member and the annular first step (see Figure 4; the portion of the cap 14 at the reference 29b between the ring 20 and the step at the reference 22c and see Para. 27 “so that the coolant cap 14 makes a snug fit when disposed within the cutter body 12”).
Allowable Subject Matter
Claim 20 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.
The following is a statement of reasons for allowance: claim 20 is free of the prior art because the prior art does not teach or suggest an annular second step defined in the annular inner wall, the annular second step defining a plurality of mounting through-holes evenly spaced around a center axis of the through-hole of the endcap; wherein at least two fasteners extending through two mounting holes of the plurality of mounting holes secure the endcap to the high-speed rotary cutter head, with combination with many limitations as set forth in claims 17-20.
There are many close art teach a plurality of holes and at least two fasteners for securing a cutter to a cap, for an example: US 20160175950 shows a cap 20 having a plural holes and fasteners for mounting the cap to a cutter 30 (Figure 4).
There are many close art teach endcaps for mounting cutters, for an example: WO 2015075001A shows a cap 110 having an indicia plate (Figure 1) and CN-206590047-U also an endcap 20 including a removable indicia plate 31.
However, none of references teaches a combination of an endcap including a removable indicia plate and a plurality of mounting through-holes evenly spaced around a center axis of the through-hole of the endcap; wherein at least two fasteners extending through two mounting holes of the plurality of mounting holes secure the endcap to the high-speed rotary cutter head with many limitations as set forth in claims 17-20.
Accordingly, claims 2-3, 5-6, 8-10 are also allowed because they are considered to contain allowable subject matter due to their dependency on claim 1. Thus, claims 1-3, 5-6, 8-10 are allowed.
Conclusion
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/NHAT CHIEU Q DO/Primary Examiner, Art Unit 3724 1/27/2026