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
Claim 6 is/are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 7/2/2026.
Applicant’s election without traverse of Group I, claims 1-5, in the reply is acknowledged.
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 1-5 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 "and that holds" in line 3. It is unclear which element this limitation is referring to.
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) 1-5 is/are rejected under 35 U.S.C. 102a1 and a2 as being anticipated by Bradley (PGPub 2007/0033786).
Re Claim 1, Bradley discloses a tool holder [that is used in a machine tool including a cutting tool holder having a plurality of parallel cutting tool fixing grooves to which a shank of a cutting tool can be fixed], and that holds a tool [for machining a workpiece gripped by a spindle that is capable of rotating about a spindle axis], the tool holder comprising:a shaft part (lower shaft portion of 15) that is fixed to the cutting tool fixing groove; anda holding part (collar portion of 15) that holds, as the tool that performs machining about a machining axis, at least one of a rotary tool 32 and a non-rotary tool in which the machining axis extends along the spindle axis (Fig. 1-3). The recitation in brackets [ ] is considered functional language. The reference discloses all the structural components of the tool, which read on those of the instant invention. Therefore, the device is capable of performing the same desired functions as the instant invention as claimed. This statement applies to dependent claims below as well.
Re Claim 2, Bradley discloses the holding part [holds the tool such that the machining axis has a different orientation to the orientation of the cutting tool fixing groove] (Fig. 1-3).
Re Claim 3, Bradley discloses a connection part 20 that is connected to the holding part from the shaft part and [positions the holding part further away from the workpiece prior to machining, which is gripped by the spindle, than a position overlapping an extension part of the cutting tool fixing groove on the machining axis], wherein the holding part [holds the tool so that a tip end of the tool is closer than the holding part to the workpiece prior to machining, which is gripped by the spindle] (Fig. 1-3).
Re Claim 4, Bradley discloses [the orientation of the machining axis is orthogonal to a placement surface of the cutting tool holder, in which the plurality of cutting tool fixing grooves are provided, the cutting tool fixing groove includes a bottom surface that is narrower than an opening on a lateral section of the cutting tool fixing groove, a first inside surface that contacts the shaft part, and a second inside surface on the opposite side to the first inside surface, the cutting tool holder includes a cutting tool holder main body that includes the plurality of cutting tool fixing grooves, and a clamp piece that fixes the shaft part to the cutting tool fixing groove by being attached to the cutting tool holder main body in a state where a part thereof is inserted between the second inside surface and the shaft part], the shaft part includes a first outside surface [that contacts the first inside surface], and a second outside surface on the opposite side to the first outside surface, and when the tool holder attached to the cutting tool fixing groove is projected onto a virtual plane extending along the placement surface, [the machining axis is positioned closer to an extension line of the second outside surface than an extension line of the first outside surface] (Fig. 1-3).
Re Claim 5, Bradley discloses [the orientation of the machining axis is orthogonal to a placement surface of the cutting tool holder, in which the plurality of cutting tool fixing grooves are provided, the cutting tool fixing groove includes a bottom surface that is narrower than an opening on a lateral section of the cutting tool fixing groove, a first inside surface that contacts the shaft part, and a second inside surface on the opposite side to the first inside surface, the cutting tool holder includes a cutting tool holder main body that includes the plurality of cutting tool fixing grooves, and a clamp piece that fixes the shaft part to the cutting tool fixing groove by being attached to the cutting tool holder main body in a state where a part thereof is inserted between the second inside surface and the shaft part], the shaft part includes a first outside surface [that contacts the first inside surface], and a second outside surface on the opposite side to the first outside surface, and [when the tool holder attached to the cutting tool fixing groove is projected onto a virtual plane extending along the placement surface, the machining axis is positioned closer to an extension line of the second outside surface than an extension line of the first outside surface] (Fig. 1-3).
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
