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 § 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 3, 5-19 and 20 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 3 recites in lines 1-2 that the at least one scoring element “extends axially farther than the cutting edge”. However, it is unclear in relation to what is this extending axially “farther” than the cutting edge, is being defined. Further clarification is needed.
Claim 5 recites in line 2 that the cutting edge is configured to remove material from a workpiece “along a cutting path” during a cutting operation. However, it is unclear how this “cutting path” is defined. Is this path an infeed cutting path where the tool moves axially towards a workpiece and cuts the workpiece? Or is this path a rotation patch, where the tool rotates about the axis and cuts the workpiece? Further clarification is needed.
Claim 6 recites in lines 2-3 that the at least one scoring element is “configured to contact the workpiece before the cutting edge during the cutting operation”. However, it is unclear how exactly the scoring element is configured to perform that intended use. What is the specific structure that allows for this to be performed? Additionally, it is unclear in relation to what is this “before” defined. In a rotation direction about the axis? In an infeed direction along the axis?
Claim 10 recites in lines 3-5 that the cutting edge is configured to remove material from a workpiece “along a cutting path” during a cutting operation. However, it is unclear how this “cutting path” is defined. Is this path an infeed cutting path where the tool moves axially towards a workpiece and cuts the workpiece? Or is this path a rotation path, where the tool rotates about the axis and cuts the workpiece? Further clarification is needed.
Claim 10 also recites in line 6 that a plurality of scoring elements are positioned “within the cutting path”. However, it is unclear how exactly the scoring elements are positioned “within the cutting path”. In what sense? Further clarification is needed.
Claim 12 recites in line 2 that the plurality of scoring elements is positioned “circumferentially behind the cutting edge in a cutting direction”. However, the metes and bounds of what exactly this cutting “direction” are unclear. From where to where is this cutting direction defined at? Is this in a rotation direction about the axis? In an infeed direction along the axis? Further clarification is needed.
Claim 13 recites in line 5 that a plurality of cutting teeth coupled to the sidewall “sequentially about the central boss”. However, it is unclear how exactly this “sequentially” is being defined. Further clarification is needed.
Claim 14 recites in lines 1-2 that the plurality of cutting teeth “extends upwardly along the longitudinal axis by a first amount, and wherein the plurality of scoring elements extends upwardly along the longitudinal axis”. However, it is unclear how this “upwardly” is being defined. In relation to what? Further clarification is needed.
Claim 17 recites in lines 1-2 that “the cutting path is defined at least partially between the central boss and the sidewall” which renders the claim indefinite as it is unclear from where to where this cutting path is being set forth. How this cutting path is being determined? Further clarification is needed.
Claim 18 recites in lines 7-8 that the at least one of the plurality of scoring elements is “configured to contact the workpiece before the plurality of cutting teeth during the cutting operation”. However, it is unclear how exactly the scoring element is configured to perform that intended use. What is the specific structure that allows for this to be performed? Additionally, it is unclear in relation to what is this “before” defined. In a rotation direction about the axis? In an infeed direction along the axis?
Claim 19 recites in lines 1-4 that the plurality of scoring elements is configured to remove material from a workpiece “along a cutting path” during the cutting operation, and wherein the tip is “positioned outside of the cutting path and configured to contact the workpiece before the plurality of scoring elements. However, it is unclear how this “cutting path” is defined. Is this path an infeed cutting path where the tool moves axially towards a workpiece and cuts the workpiece? Or is this path a rotation path, where the tool rotates about the axis and cuts the workpiece? Further clarification is needed. Furthermore, it is unclear how exactly the tip is “positioned outside of the cutting path” and how exactly the tip is configured to perform that intended use of contacting the workpiece before the plurality of scoring elements. What is the specific structure that allows for this to be performed? Additionally, it is unclear in relation to what is this “before” defined. In a rotation direction about the axis? In an infeed direction along the axis?
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, 3-4, 10-11, 13, 17-18 and 19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tulumello US 3,543,820.
In regards to claim 1, Tulumello discloses a self-feed drill bit (10) comprising: a shank (10) defining a longitudinal axis (x); and a cutting body (16) coupled to an end of the shank (12), the cutting body including a plurality of cutting teeth (56) arranged circumferentially around the longitudinal axis (x), a cutting edge (54 and 50) extending radially outward relative to the longitudinal axis (x), and at least one scoring element (52) adjacent the cutting edge (54 and 50).
In regards to claim 3, Tulumello discloses the self-feed drill bit of claim 1, Tulumello also discloses that the at least one scoring element (52) extends axially farther than the cutting edge (54 and 50) along the longitudinal axis (x).
In regards to claim 4, Tulumello discloses the self-feed drill bit of claim 1, Tulumello also discloses that a feed screw (26) extending from the cutting body (16) along the longitudinal axis (x).
In regards to claim 10, Tulumello discloses a drill bit (10/10a) comprising: a shank (12/12a) defining a longitudinal axis (x/xa); a cutting edge (54 and 50/ 54a and 50a) extending radially outward relative to the longitudinal axis (x/xa), the cutting edge (54 and 50/ 54a and 50a) configured to remove material from a workpiece (B, B’, PB) along a cutting path during a cutting operation; and a plurality of scoring elements (52/52a) positioned within the cutting path and configured to contact the workpiece (B, B’, PB) before the cutting edge (54 and 50/ 54a and 50a) during the cutting operation (see Figures 6 and 7, and note that since cutting edge 54/50/54a/50a is axially behind scoring elements 52/52a, in a direction taken from a machining end, towards the shank end, then the plurality of scoring elements 52/52a are capable of contacting the workpiece before the cutting edge).
In regards to claim 11, Tulumello discloses the drill bit of claim 10, Tulumello also discloses that each scoring element (54) of the plurality of scoring elements (54) is equidistantly spaced from the cutting edge (54/50) (see Figures 1, 2 and 7).
In regards to claim 13, Tulumello discloses the drill bit of claim 10, Tulumello also discloses a cutting body (16/16a) coupled to the shank (12/12a), the cutting body (16/16a) including a central boss (26/26a), a sidewall (18/18a) extending circumferentially around the central boss (26/26a), and a plurality of cutting teeth (56/66a) coupled to the sidewall sequentially about the central boss (26/26a).
In regards to claim 17, Tulumello discloses the drill bit of claim 13, Tulumello also discloses that the cutting path is defined at least partially between the central boss (26/26a) and the sidewall (18/18a).
In regards to claim 18, Tulumello discloses a drill bit (10/10a) comprising: a shank (12/12a) defining a longitudinal axis (x/xa); a plurality of cutting teeth (54/54a) arranged about the longitudinal axis (x/xa); a tip (26/26a) coupled to the shank and configured to contact a workpiece (B, B’, PB) during a cutting operation; and a plurality of scoring elements (52/52a) positioned radially between the tip (26/26a) and the plurality of cutting teeth (54/54a), wherein at least one of the plurality of scoring elements (52/52a) is configured to contact the workpiece before the plurality of cutting teeth during the cutting operation (see Figures 6 and 7, and note that since cutting teeth 54/54a is axially behind scoring elements 52/52a, in a direction taken from a machining end, towards the shank end, then the plurality of scoring elements 52/52a are capable of contacting the workpiece before the cutting teeth).
In regards to claim 19, Tulumello discloses the drill bit of claim 18, Tulumello also discloses that the plurality of scoring elements (52/52a) is configured to remove material from a workpiece (B, B’, PB) along a cutting path during the cutting operation, and wherein the tip (26/26a) is positioned outside of the cutting path and configured to contact the workpiece before the plurality of scoring elements (52/52a) during the cutting operation.
Claim(s) 1, 3-5, 10-13, 17-18 and 19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Eberhard US 6,394,714.
In regards to claim 1, Eberhard discloses a self-feed drill bit (4) comprising: a shank (2) defining a longitudinal axis; and a cutting body (4) coupled to an end of the shank (2), the cutting body (4) including a plurality of cutting teeth (9) arranged circumferentially around the longitudinal axis, a cutting edge (100/100’) extending radially outward relative to the longitudinal axis, and at least one scoring element (14) adjacent the cutting edge (100/100’).
In regards to claim 3, Eberhard discloses the self-feed drill bit of claim 1, Eberhard also discloses that the at least one scoring element (14) extends axially farther than the cutting edge (100/100’, at least in relation to portion 13) along the longitudinal axis.
In regards to claim 4, Eberhard discloses the self-feed drill bit of claim 1, Eberhard also discloses that a feed screw (1) extending from the cutting body (4) along the longitudinal axis.
In regards to claim 5, Eberhard discloses the self-feed drill bit of claim 1, Eberhard also discloses that the cutting edge (100/100’) is linear (at least as shown in a top view as seen in Figures 3, 8 and 14) and configured to remove material from a workpiece along a cutting path during a cutting operation.
In regards to claim 10, Eberhard discloses a drill bit (Figures 1-15) comprising: a shank (2) defining a longitudinal axis; a cutting edge (13) extending radially outward relative to the longitudinal axis, the cutting edge (13) configured to remove material from a workpiece along a cutting path during a cutting operation; and a plurality of scoring elements (14) positioned within the cutting path and configured to contact the workpiece before the cutting edge (13) during the cutting operation (see Figures 12-15, and note that since cutting edge 13 is axially behind scoring elements 14, in a direction taken from a machining end, towards the shank end, then the plurality of scoring elements 14 are capable of contacting the workpiece before the cutting edge).
In regards to claim 11, Eberhard discloses the drill bit of claim 10, Eberhard also discloses that each scoring element (14) of the plurality of scoring elements (14) is equidistantly spaced from the cutting edge (13) (see Figures 12-13).
In regards to claim 12, Eberhard discloses the drill bit of claim 10, Eberhard also discloses that the plurality of scoring elements (14) is positioned circumferentially behind the cutting edge in a cutting direction (see Figures 12-13).
In regards to claim 13, Eberhard discloses the drill bit of claim 10, Eberhard also discloses a cutting body (4) coupled to the shank (2), the cutting body (4) including a central boss (1), a sidewall (6) extending circumferentially around the central boss (1), and a plurality of cutting teeth (9) coupled to the sidewall sequentially about the central boss (1) (see Figure 6).
In regards to claim 17, Eberhard discloses the drill bit of claim 13, Eberhard also discloses that the cutting path is defined at least partially between the central boss (1) and the sidewall (6).
In regards to claim 18, Eberhard discloses a drill bit (Figures 1-15) comprising: a shank (2) defining a longitudinal axis; a plurality of cutting teeth (13) arranged about the longitudinal axis; a tip (1) coupled to the shank (2) and configured to contact a workpiece during a cutting operation; and a plurality of scoring elements (14) positioned radially between the tip (1) and the plurality of cutting teeth (13), wherein at least one of the plurality of scoring elements (14) is configured to contact the workpiece before the plurality of cutting teeth (13) during the cutting operation (see Figures 12-15, and note that since cutting edge 13 is axially behind scoring elements 14, in a direction taken from a machining end, towards the shank end, then the plurality of scoring elements 14 are capable of contacting the workpiece before the cutting edge).
In regards to claim 19, Eberhard discloses the drill bit of claim 18, Eberhard also discloses that the plurality of scoring elements (14) is configured to remove material from a workpiece along a cutting path during the cutting operation, and wherein the tip (1) is positioned outside of the cutting path and configured to contact the workpiece before the plurality of scoring elements (14) during the cutting operation.
Claim(s) 1, 3-6, 8-13, 17-18 and 19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by CN 113290649 A (hereafter—CN’649--).
In regards to claim 1, CN’649 discloses a self-feed drill bit (Figure 1) comprising: a shank (8) defining a longitudinal axis; and a cutting body (2 and 3) coupled to an end of the shank (8), the cutting body (2 and 3) including a plurality of cutting teeth (refer to the cutting teeth on portion 2 of the cutting body) arranged circumferentially around the longitudinal axis, a cutting edge (4) extending radially outward relative to the longitudinal axis, and at least one scoring element (5) adjacent the cutting edge (4).
In regards to claim 3, CN’649 discloses the self-feed drill bit of claim 1, CN’649 also discloses that the at least one scoring element (5) extends axially farther than the cutting edge (4) along the longitudinal axis (see Figure 3).
In regards to claim 4, CN’649 discloses the self-feed drill bit of claim 1, CN’649 also discloses that a feed screw (6) extending from the cutting body (2 and 3) along the longitudinal axis.
In regards to claim 5, CN’649 discloses the self-feed drill bit of claim 1, CN’649 also discloses that the cutting edge (4) is linear (see Figures 1-3) and configured to remove material from a workpiece along a cutting path during a cutting operation.
In regards to claim 6, CN’649 discloses the self-feed drill bit of claim 5, CN’649 also discloses that the at least one scoring element (5) is one of a plurality of scoring elements (5) configured to contact the workpiece before the cutting edge (4) during the cutting operation.
In regards to claim 8, CN’649 discloses the self-feed drill bit of claim 6, CN’649 also discloses that the plurality of scoring elements (5) are spaced apart long the cutting edge (4).
In regards to claim 9, CN’649 discloses the self-feed drill bit of claim 8, CN’649 also discloses that the cutting edge (4) includes a trailing edge, and wherein at least one scoring element (5) of the plurality of scoring elements (5) is adjacent the trailing edge (see Figures 1 and 2).
In regards to claim 10, CN’649 discloses a drill bit (Figure 1) comprising: a shank (8) defining a longitudinal axis; a cutting edge (4) extending radially outward relative to the longitudinal axis, the cutting edge (4) configured to remove material from a workpiece along a cutting path during a cutting operation; and a plurality of scoring elements (5) positioned within the cutting path and configured to contact the workpiece before the cutting edge (4) during the cutting operation (see Figure 3).
In regards to claim 11, CN’649 discloses the drill bit of claim 10, CN’649 also discloses that each scoring element (5) of the plurality of scoring elements (5) is equidistantly spaced from the cutting edge (4) (see Figures 1-3).
In regards to claim 12, CN’649 discloses the drill bit of claim 10, CN’649 also discloses that the plurality of scoring elements (5) is positioned circumferentially behind the cutting edge (4) in a cutting direction (see Figures 1-2).
In regards to claim 13, CN’649 discloses the drill bit of claim 10, CN’649 also discloses a cutting body (2 and 3) coupled to the shank (8), the cutting body (2 and 3) including a central boss (6), a sidewall (on portion 2) extending circumferentially around the central boss (6), and a plurality of cutting teeth coupled to the sidewall sequentially about the central boss (6) (see Figures 1-3).
In regards to claim 17, CN’649 discloses the drill bit of claim 13, CN’649 also discloses that the cutting path is defined at least partially between the central boss (6) and the sidewall (of 2).
In regards to claim 18, CN’649 discloses a drill bit (Figure 1 and 3) comprising: a shank (8) defining a longitudinal axis; a plurality of cutting teeth (4) arranged about the longitudinal axis; a tip (6) coupled to the shank (8) and configured to contact a workpiece during a cutting operation; and a plurality of scoring elements (5) positioned radially between the tip (6) and the plurality of cutting teeth (4) (see Figure 3), wherein at least one of the plurality of scoring elements (5) is configured to contact the workpiece before the plurality of cutting teeth (4) during the cutting operation (see Figure 3).
In regards to claim 19, CN’649 discloses the drill bit of claim 18, CN’649 also discloses that the plurality of scoring elements (5) is configured to remove material from a workpiece along a cutting path during the cutting operation, and wherein the tip (6) is positioned outside of the cutting path and configured to contact the workpiece before the plurality of scoring elements (5) during the cutting operation.
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) 2, 16 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tulumello US 3,543,820 as applied to each of claims 1, 13 and 19 above.
In regards to claim 2, Tulumello discloses the self-feed drill bit of claim 1, Tulumello also discloses the cutting edge.
However, Tulumello fails to disclose that the material of the cutting edge is carbide.
However, it would have been obvious to a person having ordinary skill in the art, at the time Applicant’s invention was filed to have the cutting edge of Tulumello be made of carbide, since it has been held that the selection of a known material is based on its suitability for its intended use. See MPEP § 2144.07 (“The selection of a known material based on its suitability for its intended use supported a prima facie obviousness determination in Sinclair & Carroll Co. v. Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945)”). See also In re Leshin, 277 F.2d 197 (CCPA 1960) (selection of a known plastic to make a container of a type made of plastics prior to the invention was held to be obvious).
In regards to claim 16, Tulumello discloses the drill bit of claim 13, Tulumello also discloses the cutting edge.
However, Tulumello fails to disclose that the material of the cutting edge is carbide.
However, it would have been obvious to a person having ordinary skill in the art, at the time Applicant’s invention was filed to have the cutting edge of Tulumello be made of carbide, since it has been held that the selection of a known material is based on its suitability for its intended use. See MPEP § 2144.07 (“The selection of a known material based on its suitability for its intended use supported a prima facie obviousness determination in Sinclair & Carroll Co. v. Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945)”). See also In re Leshin, 277 F.2d 197 (CCPA 1960) (selection of a known plastic to make a container of a type made of plastics prior to the invention was held to be obvious).
In regards to claim 20, Tulumello discloses the drill bit of claim 19, Tulumello also discloses the plurality of cutting teeth.
However, Tulumello fails to disclose that the material of the one or more of the plurality of cutting teeth is carbide.
However, it would have been obvious to a person having ordinary skill in the art, at the time Applicant’s invention was filed to have the one or more of the plurality of cutting teeth of Tulumello be made of carbide, since it has been held that the selection of a known material is based on its suitability for its intended use. See MPEP § 2144.07 (“The selection of a known material based on its suitability for its intended use supported a prima facie obviousness determination in Sinclair & Carroll Co. v. Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945)”). See also In re Leshin, 277 F.2d 197 (CCPA 1960) (selection of a known plastic to make a container of a type made of plastics prior to the invention was held to be obvious).
Claim(s) 2, 16 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Eberhard US 6,394,714 as applied to each of claims 1, 13 and 19 above.
In regards to claim 2, Eberhard discloses the self-feed drill bit of claim 1, Eberhard also discloses the cutting edge.
However, Eberhard fails to disclose that the material of the cutting edge is carbide.
However, it would have been obvious to a person having ordinary skill in the art, at the time Applicant’s invention was filed to have the cutting edge of Eberhard be made of carbide, since it has been held that the selection of a known material is based on its suitability for its intended use. See MPEP § 2144.07 (“The selection of a known material based on its suitability for its intended use supported a prima facie obviousness determination in Sinclair & Carroll Co. v. Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945)”). See also In re Leshin, 277 F.2d 197 (CCPA 1960) (selection of a known plastic to make a container of a type made of plastics prior to the invention was held to be obvious).
In regards to claim 16, Eberhard discloses the drill bit of claim 13, Eberhard also discloses the cutting edge.
However, Eberhard fails to disclose that the material of the cutting edge is carbide.
However, it would have been obvious to a person having ordinary skill in the art, at the time Applicant’s invention was filed to have the cutting edge of Eberhard be made of carbide, since it has been held that the selection of a known material is based on its suitability for its intended use. See MPEP § 2144.07 (“The selection of a known material based on its suitability for its intended use supported a prima facie obviousness determination in Sinclair & Carroll Co. v. Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945)”). See also In re Leshin, 277 F.2d 197 (CCPA 1960) (selection of a known plastic to make a container of a type made of plastics prior to the invention was held to be obvious).
In regards to claim 20, Eberhard discloses the drill bit of claim 19, Eberhard also discloses the plurality of cutting teeth.
However, Eberhard fails to disclose that the material of the one or more of the plurality of cutting teeth is carbide.
However, it would have been obvious to a person having ordinary skill in the art, at the time Applicant’s invention was filed to have the one or more of the plurality of cutting teeth of Eberhard be made of carbide, since it has been held that the selection of a known material is based on its suitability for its intended use. See MPEP § 2144.07 (“The selection of a known material based on its suitability for its intended use supported a prima facie obviousness determination in Sinclair & Carroll Co. v. Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945)”). See also In re Leshin, 277 F.2d 197 (CCPA 1960) (selection of a known plastic to make a container of a type made of plastics prior to the invention was held to be obvious).
Claim(s) 2, 16 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over CN 113290649 A (hereafter—CN’649--) as applied to each of claims 1, 13 and 19 above.
In regards to claim 2, CN’649 discloses the self-feed drill bit of claim 1, CN’649 also discloses the cutting edge.
However, CN’649 fails to disclose that the material of the cutting edge is carbide.
However, it would have been obvious to a person having ordinary skill in the art, at the time Applicant’s invention was filed to have the cutting edge of CN’649 be made of carbide, since it has been held that the selection of a known material is based on its suitability for its intended use. See MPEP § 2144.07 (“The selection of a known material based on its suitability for its intended use supported a prima facie obviousness determination in Sinclair & Carroll Co. v. Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945)”). See also In re Leshin, 277 F.2d 197 (CCPA 1960) (selection of a known plastic to make a container of a type made of plastics prior to the invention was held to be obvious).
In regards to claim 16, CN’649 discloses the drill bit of claim 13, CN’649 also discloses the cutting edge.
However, CN’649 fails to disclose that the material of the cutting edge is carbide.
However, it would have been obvious to a person having ordinary skill in the art, at the time Applicant’s invention was filed to have the cutting edge of CN’649 be made of carbide, since it has been held that the selection of a known material is based on its suitability for its intended use. See MPEP § 2144.07 (“The selection of a known material based on its suitability for its intended use supported a prima facie obviousness determination in Sinclair & Carroll Co. v. Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945)”). See also In re Leshin, 277 F.2d 197 (CCPA 1960) (selection of a known plastic to make a container of a type made of plastics prior to the invention was held to be obvious).
In regards to claim 20, CN’649 discloses the drill bit of claim 19, CN’649 also discloses the plurality of cutting teeth.
However, CN’649 fails to disclose that the material of the one or more of the plurality of cutting teeth is carbide.
However, it would have been obvious to a person having ordinary skill in the art, at the time Applicant’s invention was filed to have the one or more of the plurality of cutting teeth of CN’649 be made of carbide, since it has been held that the selection of a known material is based on its suitability for its intended use. See MPEP § 2144.07 (“The selection of a known material based on its suitability for its intended use supported a prima facie obviousness determination in Sinclair & Carroll Co. v. Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945)”). See also In re Leshin, 277 F.2d 197 (CCPA 1960) (selection of a known plastic to make a container of a type made of plastics prior to the invention was held to be obvious).
Allowable Subject Matter
Claims 7, 14 and 15 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