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 with traverse of claims 1-11 in the reply filed on 8/26/2026 is acknowledged. The traversal is on the ground(s) that “Given the special technical features to the claims, a search for prior art with respect to Group I would likely uncover references that would be considered by the Examiner during the examination of the other group.” This is not found persuasive because the special technical features are taught by the prior art.
The requirement is still deemed proper and is therefore made FINAL.
Specification
The disclosure is objected to because of the following informalities: On page 2, [0010], line 2, the specification refers to specific claims the scope of which can change during the course of prosecution, therefore it is suggested to delete reference to the specific claims mentioned. Appropriate correction is required.
Claim Objections
Claim 6 is objected to because of the following informalities: In claim 6, line 2, “SDS” is objected to because the acronym is not explained. Appropriate correction is required.
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, 5, and 7-11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fischer (US 4,929,127).
Regarding claim 1, Fischer discloses a drill bit (1; Fig. 2), comprising a) a drill tip (4) with main cutting edges, a drill shaft (2b) and a drill portion (2a) arranged therebetween and also b) at least one continuous chip channel (i.e., CCP which is formed by the chip flute portion 3) between the drill tip (4) and the drill shaft (2b), the chip channel (CCP) being open on both sides and being enclosed by the drill portion (2a), wherein an adapter element (18, 19) is provided with a rotationally symmetrical outer face (OF), the outer face, starting from the drill portion (2a), extending with a spacing over an axial portion of the drill shaft (2b) so as to form an annular gap volume, and the at least one continuous chip channel (CCP) opens out into the annular gap volume.
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Regarding claim 2, Fischer discloses wherein the drill portion (2a) is formed by a helical drill core (see Fig. 2), the drill portion (2a) with the at least one chip flute portion (3) is sheathed by a tubular sleeve (18) as part of the drill portion (2a) and also the at least one continuous chip channel (CCP) is formed by the at least one chip flute portion (3) on the helical drill core, wherein the at least one chip flute portion (3) has at least one continuous helical chip flute over its length, the at least one chip flute portion (3) being partially covered by the tubular sleeve (8) so as to form a chip channel which is open on both sides, and also the adapter element (18,19) is integrally formed on the tubular sleeve (18).
Regarding claim 3, Fischer discloses wherein the drill tip (4) with the main cutting edges has a larger diameter than the tubular sleeve (18) without the adapter element.
Regarding claim 5, Fischer discloses wherein the drill shaft (2b), starting from the drill tip (4) is cylindrical, at least in portions.
Regarding claim 7, Fischer discloses wherein the adapter element (18, 19) is arranged at the proximal end of the drill portion (2a).
Regarding claim 8, Fischer discloses wherein the adapter element (18, 19; Fig. 2) is a separate component from the drill (1).
Regarding claim 9, Fischer discloses wherein the separate component consists of an elastic plastic or an elastic metal sleeve (col. 3, lines 3-8).
Regarding claim 10, Fischer discloses wherein the separate component on the outer face of the sleeve (19) has an ability to yield elastically (col. 3, lines 3-8) in a radially inwardly directed manner.
Regarding claim 11, Fischer discloses wherein the rotationally symmetrical outer face (OF) is cylindrical, at least in regions.
Claim(s) 1, 2, and 5-11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kuang (CN 206899163 U).
Regarding claim 1, Kuang discloses a drill bit (5; Fig. 3), comprising a drill tip (i.e. see far right end of drill portion 53 in Fig. 3) with main cutting edges, a drill shaft (52) and a drill portion (53) arranged therebetween and also at least one continuous chip channel (i.e. spiral configuration depicted in Fig. 3) between the drill tip and the drill shaft (52), the chip channel being open on both sides and being enclosed by the drill portion, wherein c) an adapter element (1, 2; Fig. 2) is provided with a rotationally symmetrical outer face (OF), the outer face (OF), starting from the drill portion (53), extending with a spacing over an axial portion of the drill shaft (52) so as to form an annular gap volume, and the at least one continuous chip channel opens out into the annular gap volume.
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Regarding claim 2, Kuang discloses wherein the drill portion (53) is formed by a helical drill core (see Fig. 3), the drill portion (53) with the at least one chip flute portion is sheathed by a tubular sleeve (2) as part of the drill portion and also the at least one continuous chip channel is formed by the at least one chip flute portion on the helical drill core, wherein the at least one chip flute portion has at least one continuous helical chip flute over its length, said at least one chip flute portion being partially covered by the tubular sleeve (2) so as to form a chip channel which is open on both sides, and also the adapter element (1) is fitted on the tubular sleeve (2).
Regarding claim 5, Kuang discloses wherein the drill shaft (52), starting from the drill tip (T) is cylindrical, at least in portions.
Regarding claim 6, Kuang discloses wherein the drill shaft (52) has an SDS fitting (51; Fig. 3).
Regarding claim 7, Kuang discloses wherein the adapter element (1, 2) is arranged at the proximal end of the drill portion (53).
Regarding claim 8, Kuang discloses wherein the adapter element (1, 2) is a separate component.
Regarding claim 9, Kuang discloses wherein the separate component consists of an elastic plastic.
Regarding claim 10, Kuang discloses wherein the separate component on the outer face of the sleeve has an ability to yield elastically (i.e., due to being plastic) in a radially inwardly directed manner.
Regarding claim 11, Kuang discloses wherein the rotationally symmetrical outer face (OF) is cylindrical, at least in regions.
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 4 is rejected under 35 U.S.C. 103 as being unpatentable over Kuang (CN 206899163 U) in view of Hecker et al. (DE 3604507 A1).
Kuang discloses all the claimed subject matter except for the drill bit wherein a) the drill portion is formed by a tubular hollow drill core which encloses the chip channel and b) the at least one continuous chip channel is routed radially to the outside in the region of the drill shaft.
Hecker discloses a drill bit (Fig. 1) wherein the drill portion is formed by a tubular hollow drill core (10) which encloses the chip channel and the at least one continuous chip channel (13) is routed radially to the outside in the region of the drill shaft.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide a drill bit for the device of Kuang wherein the drill portion is formed by a tubular hollow drill core which encloses the chip channel and at least one continuous chip channel is routed radially to the outside in the region of the drill shaft, in light of the teachings of Hecker, in order to produce undercut drilled holes.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Fischer (US 4,929,127) in view of Foser et al. (EP 3581756 A1).
Fischer discloses all of the claimed subject matter except for wherein the drill shaft has an SDS fitting.
Fischer discloses a drill shaft (6) has an SDS fitting (7; Fig. 2).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing of the claimed invention to provide the drill shaft of Fischer with an SDS fitting, in light of the teachings of Foser, in order to positive locking engagement with locking elements of a hand tool.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The references listed on the attached PTO-892 are cited to show drill bits.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JERMIE E COZART whose telephone number is (571)272-4528. The examiner can normally be reached Monday - Friday 8:30am - 7:00pm.
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/JERMIE E COZART/Primary Examiner, Art Unit 3799
September 14, 2026
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