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
Claims 12-14 are objected to because of the following informalities:
On line 3 of each claim: remove extra spacing after “formed on” On line 4 of each claim: remove spacing after “twist drill”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 1-19 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 limitation “relating to a drilling tool for machining”. This limitation is unclear since it refers to an unclaimed component. It is unclear whether “a drilling tool” is part of the claimed invention.
Claim 1 recites the limitation “for each spiral strip, a surface, facing a cutting direction, of the spiral strip” on line 3 and also “the spiral strip” on line 7. This limitation is unclear since technically “the spiral strip” lacks antecedent basis. Examiner suggests the language -- for each respective spiral strip, a surface, facing a cutting direction, of the respective spiral strip—in line 3 and --the respective spiral strip—in line 7.
Claim 1 recites the limitation “the spiral cutting surface intersects with the spiral pair cutting surface to form a spiral cutting edge”. It is unclear what is meant by “intersects with” since the specification describes surface 3 and 5 as intersecting to form spiral cutting edge 6 which does not seem to be an intersection between these surfaces. Similarly, the limitation “the spiral cutting surface intersects with the rear cutting surface to form a cutting edge” in line 8-9 is also unclear. The specification describes spiral cutting surface 3 and rear cutting surface 8 as intersecting to form cutting edge 11 which makes it unclear what is meant by intersects with. The specification also uses alternate language “spiral cutting surface 3 cut with the rear cutting surface 8 to form cutting edge 11”. The only use of “intersects with” that makes sense is for the side edge which is actually at the intersection of surfaces.
Claim 1 recites the limitation “at least the rear cutting surfaces on both sides” in line 7. There is insufficient antecedent basis for the limitation “the rear cutting surfaces on both sides” in the claim. Further the term “at least” is not clear in the context of this limitation.
Claim 1 recites the limitation “the present disclosure relates to an application of a symmetric concentric drill technology and a micro-reinforcement technology on a common twist drill;”. It is unclear why the disclosure is being referred to. It is unclear whether “a common twist drill” is part of the claimed invention which conflicts with the rest of the claim.
Claim 1 recites the limitation “extends forward intersect” in last line. This is unclear and seems to be missing a word.
Claim 2 recites the limitation “relating to a drilling tool for machining”. This limitation is unclear since it refers to an unclaimed component. It is unclear whether “a drilling tool” is part of the claimed invention.
Claim 2 recites the limitation “for each spiral strip, a surface, facing a cutting direction, of the spiral strip” on line 3 and also “the spiral strip” on line 7. This limitation is unclear since technically “the spiral strip” lacks antecedent basis. Examiner suggests the language -- for each respective spiral strip, a surface, facing a cutting direction, of the respective spiral strip—in line 3 and --the respective spiral strip—in line 7.
Claim 2 recites the limitation “the spiral cutting surface intersects with the spiral pair cutting surface to form a spiral cutting edge”. It is unclear what is meant by “intersects with” since the specification describes surface 3 and 5 as intersecting to form spiral cutting edge 6 which does not seem to be an intersection between these surfaces. Similarly, the limitation “the spiral cutting surface intersects with the rear cutting surface to form a cutting edge” in line 8-9 is also unclear. The specification describes spiral cutting surface 3 and rear cutting surface 8 as intersecting to form cutting edge 11 which makes it unclear what is meant by intersects with. The specification also uses alternate language “spiral cutting surface 3 cut with the rear cutting surface 8 to form cutting edge 11”. The only use of “intersects with” that makes sense is for the side edge which is actually at the intersection of surfaces.
Claim 2 recites the limitation “at least the rear cutting surfaces on both sides” in line 7-8. There is insufficient antecedent basis for the limitation “the rear cutting surfaces on both sides” in the claim. Further the term “at least” is not clear in the context of this limitation.
Claim 2 recites the limitation “the present disclosure relates to an application of a symmetric concentric drill technology and a micro-reinforcement technology on a common twist drill;”. It is unclear why the disclosure is being referred to. It is unclear whether “a common twist drill” is part of the claimed invention which conflicts with the rest of the claim.
Claim 2 recites the limitation “a micro-reinforced central cutting surfaces in millimeters protrudes” in line 16. This limitation is unclear.
Claim 2 recites the limitation “a micro-reinforced wear-resistant cutting surface with millimeter strength” in line 22-23. This limitation is unclear.
Claim 3 recites the limitation “relating to a drilling tool for machining”. This limitation is unclear since it refers to an unclaimed component. It is unclear whether “a drilling tool” is part of the claimed invention.
Claim 3 recites the limitation “for each spiral strip, a surface, facing a cutting direction, of the spiral strip” on line 3-4 and also “the spiral strip” on line 7. This limitation is unclear since technically “the spiral strip” lacks antecedent basis. Examiner suggests the language -- for each respective spiral strip, a surface, facing a cutting direction, of the respective spiral strip—in line 3 and --the respective spiral strip—in line 7.
Claim 3 recites the limitation “the spiral cutting surface intersects with the spiral pair cutting surface to form a spiral cutting edge” in line 5-6. It is unclear what is meant by “intersects with” since the specification describes surface 3 and 5 as intersecting to form spiral cutting edge 6 which does not seem to be an intersection between these surfaces. Similarly, the limitation “the spiral cutting surface intersects with the rear cutting surface to form a cutting edge” in line 8-9 is also unclear. The specification describes spiral cutting surface 3 and rear cutting surface 8 as intersecting to form cutting edge 11 which makes it unclear what is meant by intersects with. The specification also uses alternate language “spiral cutting surface 3 cut with the rear cutting surface 8 to form cutting edge 11”. The only use of “intersects with” that makes sense is for the side edge which is actually at the intersection of surfaces.
Claim 3 recites the limitation “at least the rear cutting surfaces on both sides” in line 7-8. There is insufficient antecedent basis for the limitation “the rear cutting surfaces on both sides” in the claim. Further the term “at least” is not clear in the context of this limitation.
Claim 3 recites the limitation “a micro-reinforced wear-resistant cutting surface with millimeter strength” in line 17-18. This limitation is unclear.
Claim 4 and 5 recite the limitation “an included angle between the micro-reinforced wear-resistant cutting surface and the spiral pair cutting surface is less than an included angle between the spiral cutting surface and the spiral pair cutting surface; or an included angle between the micro-reinforced wear-resistant cutting surface and the spiral pair cutting surface is equal to an included angle between the spiral cutting surface and the spiral pair cutting surface”. It is unclear what these angles are. The specification describes these angles as: “An included angle α2 between the micro-reinforced wear-resistant cutting surface 17 of the micro-reinforced concentric twist drill and the spiral pair cutting surface 5 is equal to an included angle α1 between the spiral cutting surface 3 and the spiral pair cutting surface 5.” However, based on the drawings micro-reinforced wear-resistant cutting surface 17 and the spiral pair cutting surface 5 are adjacent to each other as well as the spiral cutting surface 3 and the spiral pair cutting surface 5 are adjacent to each other so it is unclear how these angles can represent angles between these surfaces.
Claim 6 and 7 recite the limitation “the rear cutting surfaces on both sides of the micro-reinforced concentric twist drill intersect at the axial center to form a chisel edge”. However, this limitation is already found in both claims 1 and 2. It is unclear why chisel edge is introduced again.
Claim 6 and 7 recite the limitation “a sharp edge without a chisel edge”. It is unclear why this is being claimed as a negative limitation. The scope is unclear.
Claim 12, 13 and 14 recite the limitation “one or more steps from a central chisel edge in such a way”. This limitation is unclear.
Claim 15 and 16 recite the limitation “a micro-reinforced concentric wear-resistant table and a micro-reinforced concentric wear-resistant cutting surface are arranged in each micro-reinforced concentric wear-resistant groove of the micro-reinforced concentric twist drill”. It is not clear the difference between these concentric wear-resistant table/cutting surface/groove from the previously recited wear-resistant table/cutting surface/groove from claim 2/3. The specification uses the same reference numerals for both concentric wear-resistant table/cutting surface/groove and wear-resistant table/cutting surface/groove so it is unclear if they are the same element or not. The scope is thus unclear.
Claim 15 and 16 recite the limitation “the rear cutting surface”. Technically, this limitation lacks antecedent basis. It is unclear which rear cutting surface is being referred to.
Claim 17, 18 and 19 recite the limitation “at least one group of protruding structures”. It is unclear if this is referring to components already introduced or new ones. The scope is unclear.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-19 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Wang (CN 112191894 A1, machine translation relied on).
Re Claim 1, as best understood, Wang discloses a micro-reinforced concentric twist drill 1 (Fig. 3), relating to a drilling tool for machining, comprising a tool shank, and a tool head, wherein at least two spiral strips 4 are formed on the tool head, for each spiral strip, a surface, facing a cutting direction, of the spiral strip is formed as a spiral cutting surface 24, a surface extending backwards along an outer edge of the spiral cutting surface is formed as a spiral pair cutting surface 13, the spiral cutting surface intersects with the spiral pair cutting surface to form a spiral cutting edge, and a surface on a back side of an axial front end of the spiral strip is formed as a rear cutting surface (Fig. 3); at least the rear cutting surfaces on both sides intersect to form a chisel edge, and for each spiral strip, the spiral cutting surface intersects with the rear cutting surface to form a cutting edge, and the spiral pair cutting surface intersects with the rear cutting surface to form a side edge 6; the present disclosure relates to an application of a symmetric concentric drill technology and a micro-reinforcement technology on a common twist drill; wherein, on both sides of a region of an axial center of the micro-reinforced concentric twist drill, protruding micro-reinforced center drills 10 are symmetrically arranged on the spiral cutting surfaces, and each micro-reinforced center drill extends to the rear cutting surface and protrudes to form a center drilling tool (Fig. 3); a micro-reinforced central cutting surface protrudes from an inner side of each micro-reinforced center drill, and each micro-reinforced central cutting surface extends axially forward to intersect with the rear cutting surface to form a micro-reinforced center hole drilling edge of the micro-reinforced concentric twist drill; and on both sides of the axial center, protruding micro-reinforced reamers 19 are integrally and symmetrically arranged at center areas of the spiral cutting surfaces; a reaming cutting surface protrudes from an inner side of each micro-reinforced reamer, and each reaming cutting surface extends forward intersect with the rear cutting surface to form a reaming cutting edge (Fig. 3).
Re Claim 2, as best understood, Wang discloses a micro-reinforced concentric twist drill 1, relating to a drilling tool for machining, comprising a tool shank, and a tool head, wherein at least two spiral strips 4 are integrally formed on the tool head, for each spiral strip, a surface, facing a cutting direction, of the spiral strip is formed as a spiral cutting surface 24, a surface extending backward along an outer edge of the spiral cutting surface is formed as a spiral pair cutting surface 13, the spiral cutting surface intersects with the spiral pair cutting surface to form a spiral cutting edge, and a surface on a back side of an axial front end of the spiral strip is formed as a rear cutting surface (Fig. 3); at least the rear cutting surfaces on both sides intersect to form a chisel edge, and for each spiral strip, the spiral cutting surface intersects with the rear cutting surface to form a cutting edge, and the spiral pair cutting surface intersects with the rear cutting surface to form a side edge 6 (Fig. 3); the present disclosure relates to the application of a symmetric concentric drill technology and a micro-reinforcement technology of sharp spiral cutting edge on a common twist drill; wherein, on both sides of a region of an axial center of the micro-reinforced concentric twist drill, protruding micro-reinforced center drills 10 are symmetrically arranged on the spiral cutting surfaces, and each micro-reinforced center drill extends to the rear cutting surface and protrudes to form a center drilling tool (Fig. 3); a micro-reinforced central cutting surfaces in millimeters protrudes from an inner side of the micro-reinforced center drill, and each micro-reinforced central cutting surface extends axially forward to intersect with the rear cutting surface to form a micro-reinforced center hole drilling edge of the micro-reinforced concentric twist drill (Fig. 3); and on both sides of the micro-reinforced concentric twist drill, micro-reinforced wear-resistant grooves recessed along a direction from the spiral cutting edges inward to the axial center are integrally formed on the spiral cutting surfaces (Fig. 3); a micro-reinforced wear-resistant cutting surface with millimeter strength is formed at a bottom of each micro-reinforced wear-resistant groove along the spiral cutting edge, and a protruding micro-reinforced wear-resistant table is arranged on an inner side of the micro-reinforced wear-resistant cutting surface; and each micro-reinforced wear-resistant cutting surface extends forward to intersect with the rear cutting surface to form a micro-reinforced wear-resistant cutting edge (Fig. 3).
Re Claim 3, as best understood, Wang discloses micro-reinforced concentric twist drill, relating to a drilling tool for machining, comprising a tool shank, and a tool head, wherein at least two spiral strips 4 are integrally formed on the tool head, for each spiral strip, a surface, facing a cutting direction, of each spiral strip is formed as a spiral cutting surface 24, a surface extending backward along an outer edge of the spiral cutting surface is formed as a spiral pair cutting surface 13, the spiral cutting surface intersects with the spiral pair cutting surface to form a spiral cutting edge, and a surface on a top side of an axial front end of the spiral strip is formed as a rear cutting surface; at least the rear cutting surfaces on both sides intersect to form a chisel edge, and for each spiral strip, the spiral cutting surface intersects with the rear cutting surface to form a cutting edge, and the spiral pair cutting surface intersects with the rear cutting surface to form a side edge 6 (Fig. 3); wherein, on both sides of the micro-reinforced concentric twist drill, protruding micro-reinforced reamers are symmetrically arranged at center areas of the spiral cutting surfaces spirally extending along the direction towards an axial center; a reaming cutting surface protrudes from an inner side of each micro-reinforced reamer, and each reaming cutting surface extends forward to intersect with the rear cutting surface to form a reaming cutting edge; micro-reinforced wear-resistant grooves recessed along a direction from the spiral cutting edges inward to the axial center are integrally formed on the spiral cutting surfaces; a micro-reinforced wear-resistant cutting surface 16 with millimeter strength is formed at a bottom of each micro-reinforced wear-resistant groove along each spiral cutting edge, and a protruding micro-reinforced wear-resistant table is arranged on an inner side of the micro-reinforced wear-resistant cutting surface; each micro-reinforced wear-resistant table extends forward to intersect with the rear cutting surface to form a micro-reinforced wear-resistant drill, and each micro-reinforced wear-resistant cutting surface extends forward to intersect with the rear cutting surface to form a micro-reinforced wear-resistant cutting edge (Fig. 3).
Re Claim 4, as best understood, Wang discloses an included angle between the micro-reinforced wear-resistant cutting surface and the spiral pair cutting surface is less than an included angle between the spiral cutting surface and the spiral pair cutting surface; or an included angle between the micro-reinforced wear-resistant cutting surface and the spiral pair cutting surface is equal to an included angle between the spiral cutting surface and the spiral pair cutting surface (Fig. 3).
Re Claim 5, as best understood, Wang discloses an included angle between the micro-reinforced wear-resistant cutting surface and the spiral pair cutting surface is less than an included angle between the spiral cutting surface and the spiral pair cutting surface; or an included angle between the micro-reinforced wear-resistant cutting surface and the spiral pair cutting surface is equal to an included angle between the spiral cutting surface and the spiral pair cutting surface (Fig. 3).
Re Claim 6, as best understood, Wang discloses the rear cutting surfaces on both sides of the micro-reinforced concentric twist drill intersect at the axial center to form a chisel edge, and a chamfered surface 22 and a shortened chisel edge are formed on both sides of the chisel edge of the micro-reinforced concentric twist drill [by chamfering]; or a chamfered surface and a sharp edge without a chisel edge are formed on both sides of the chisel edge of the micro-reinforced concentric twist drill (Fig. 3). Furthermore, the claimed phase " by chamfering " is being treated as a product-by-process limitation and since it has been held that a product-by-process limitation is not construed as being limited to the product formed by the specific process recited, therefore, even though Wang is silent as to the process used to form surfaces, Wang's product meets the claimed structural limitations. Wang calls the respective surfaces “chamfer surface” and thus reads on the claim.
Re Claim 7, as best understood, Wang discloses the rear cutting surfaces on both sides of the micro-reinforced concentric twist drill intersect at the axial center to form a chisel edge, and a chamfered surface 22 and a shortened chisel edge are formed on both sides of the chisel edge of the micro-reinforced concentric twist drill by chamfering; or a chamfered surface and a sharp edge without a chisel edge are formed on both sides of the chisel edge of the micro-reinforced concentric twist drill (Fig. 3). Furthermore, the claimed phase " by chamfering " is being treated as a product-by-process limitation and since it has been held that a product-by-process limitation is not construed as being limited to the product formed by the specific process recited, therefore, even though Wang is silent as to the process used to form surfaces, Wang's product meets the claimed structural limitations. Wang calls the respective surfaces “chamfer surface” and thus reads on the claim.
Re Claim 8, as best understood, Wang discloses the rear cutting surfaces on both sides of the micro-reinforced concentric twist drill intersect at the axial center to form a chisel edge, and a chamfered surface 22 and a shortened chisel edge are formed on both sides of the chisel edge of the micro-reinforced concentric twist drill [by chamfering]; or a chamfered surface and a sharp edge without a chisel edge are formed on both sides of the chisel edge of the micro-reinforced concentric twist drill. Furthermore, the claimed phase " by chamfering " is being treated as a product-by-process limitation and since it has been held that a product-by-process limitation is not construed as being limited to the product formed by the specific process recited, therefore, even though Wang is silent as to the process used to form surfaces, Wang's product meets the claimed structural limitations. Wang calls the respective surfaces “chamfer surface” and thus reads on the claim.
Re Claim 9, Wang discloses cooling holes 32 are formed in the spiral strips of the tool shank and the tool head of the micro-reinforced concentric twist drill (Fig. 3).
Re Claim 10, Wang discloses cooling holes 32 are formed in the spiral strips of the tool shank and the tool head of the micro-reinforced concentric twist drill (Fig. 3).
Re Claim 11, Wang discloses cooling holes 32 are formed in the spiral strips of the tool shank and the tool head of the micro-reinforced concentric twist drill (Fig. 3).
Re Claim 12, Wang discloses one or more steps from a central chisel edge in such a way that a height of the rear cutting surface in a direction of an outer side edge is reduced are formed on the micro-reinforced concentric twist drill; or one or more notch edges are formed on the cutting edge of the micro-reinforced concentric twist drill, and the one or more notch edges extend to the rear cutting surface to form one or more grooves (Fig. 3).
Re Claim 13, Wang discloses one or more steps from a central chisel edge in such a way that a height of the rear cutting surface in a direction of an outer side edge is reduced are formed on the micro-reinforced concentric twist drill; or one or more notch edges are formed on the cutting edge of the micro-reinforced concentric twist drill, and the one or more notch edges extend to the rear cutting surface to form one or more grooves (Fig. 3).
Re Claim 14, Wang discloses one or more steps from a central chisel edge in such a way that a height of the rear cutting surface in a direction of an outer side edge is reduced are formed on the micro-reinforced concentric twist drill; or one or more notch edges are formed on the cutting edge of the micro-reinforced concentric twist drill, and the one or more notch edges extend to the rear cutting surface to form one or more grooves (Fig. 3).
Re Claim 15, as best understood, Wang discloses the micro-reinforced concentric wear-resistant grooves recessed along the spiral cutting edges are symmetrically formed on the spiral cutting surfaces on both sides of the axial center of the micro-reinforced concentric twist drill; and a micro-reinforced concentric wear-resistant table and a micro-reinforced concentric wear-resistant cutting surface 16 are arranged in each micro-reinforced concentric wear-resistant groove of the micro-reinforced concentric twist drill, and each micro-reinforced concentric wear-resistant cutting surface extends to an axial front end along each spiral cutting surface to intersect with the rear cutting surface to form a micro-reinforced concentric wear-resistant cutting edge (Fig. 3).
Re Claim 16, as best understood, Wang discloses the micro-reinforced concentric wear-resistant grooves recessed along the spiral cutting edges are symmetrically formed on the spiral cutting surfaces on both sides of the axial center of the micro-reinforced concentric twist drill; and a micro-reinforced concentric wear-resistant table and a micro-reinforced concentric wear-resistant cutting surface 16 are arranged in each micro-reinforced concentric wear-resistant groove of the micro-reinforced concentric twist drill, and each micro-reinforced concentric wear-resistant cutting surface extends to an axial front end along each spiral cutting surface to intersect with the rear cutting surface to form a micro-reinforced concentric wear-resistant cutting edge (Fig. 3).
Re Claim 17, as best understood, Wang discloses at least one group of protruding structures on the spiral cutting surfaces on both sides of the axial center of the micro-reinforced concentric twist drill are symmetric and within a tolerance range (Fig. 3).
Re Claim 18, as best understood, Wang discloses at least one group of protruding structures on the spiral cutting surfaces on both sides of the axial center of the micro-reinforced concentric twist drill are symmetric and within a tolerance range (Fig. 3).
Re Claim 19, as best understood, Wang discloses at least one group of protruding structures on the spiral cutting surfaces on both sides of the axial center of the micro-reinforced concentric twist drill are symmetric and within a tolerance range (Fig. 3).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RYAN J WALTERS whose telephone number is (571)270-5429. The examiner can normally be reached M-F 9am-5pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Thomas Hong can be reached at (571) 272-0993. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Ryan J. Walters/Primary Examiner, Art Unit 3799