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Claim 14 is withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 5/8/2026.
Applicant's election with traverse of Group I, claims 1-13, in the reply is acknowledged. The traversal is on the ground(s) that the restriction does not provide rationale. This is not found persuasive because there lacks unity of invention since the technical features are known (see rejection below for rationale for combining the references). Method claims will be eligible for rejoinder if product is found allowable.
The requirement is still deemed proper and is therefore made FINAL.
Specification
The disclosure is objected to because of the following informalities: Para. 18 and 19 denote different reference numerals for tool spindle
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 1-13 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 “a gear-cutting machine designed as a skiving machine”. It is unclear what it means to be designed as a skiving machine.
Claim 1 recites the limitation “the bearing openings are configured to be selectively coupled to the tool spindle by means of rotation of the tool carrier about the axis of rotation”. This limitation is unclear since it is claiming coupling components by means of rotation. Is this claimed means a component or is this stating that a rotation movement couples components? The scope is unclear.
Claim 2 recites the limitation “the carrying plates are formed by lateral surfaces of the truncated pyramid and the axis of rotation runs centrally and perpendicularly through a head surface of the truncated pyramid”. It is unclear what it means for an element to be formed by a surface. It is unclear what it means to run centrally and perpendicularly.
Claim 2 recites the limitation “a surface extension of a carrying plate, which assumes a machining position, runs transversely to the tool axis of rotation”. It is unclear if this plate is one of the carrying plates already introduced. It is unclear what it means for a plate to run.
Claim 2 recites the limitation “a bearing opening” in last two lines. It is unclear if this refers to openings already introduced.
Claim 3 recites the limitation “the carrying plates are formed from the lateral surfaces of the truncated pyramid and the tool carrier axis of rotation is centered and runs perpendicular through a head surface of the truncated pyramid”. It is unclear what it means for an element to be formed from a surface. It is unclear which element is being claimed to “runs transversely” and it is further unclear what it means for this element to run transversely.
Claim 3 recites the limitation “a carrying plate, which assumes a machining position, runs transversely to the tool axis of rotation”. It is unclear if this plate is one of the carrying plates already introduced. It is unclear what it means for a plate to run.
Claim 4 recites the limitation “a carrying plate of the carrying plates which does not assume a machining position runs at a right angle”. It is unclear what it means for a plate to run.
Claim 11 recites the limitation “the coupling means and the counter coupling means are formed by a tube section”. It is unclear what it means for an element to be formed by a tube section. Is this stating that it is a tube or that a tube section somehow forms another component?
Claim 12 recites the limitation “a foot of the supplementary tool formed by a tube”. It is unclear what it means for an element to be formed by a tube. Is this stating that it is a tube or that a tube somehow forms another component?
Claim 13 recites the limitation “by means of which”, It is unclear which element is being referred to.
Claim Rejections - 35 USC § 103
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 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) 1-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Walker (PGPub 2021/0245278) in view of Tokura (US 5,730,691).
Re Claim 1, as best understood, Walker discloses a gear-cutting machine designed as a skiving machine, comprising: a workpiece spindle 28, which is configured to be rotationally driven, for holding a work wheel to undergo gear cutting, a tool spindle 2 that is configured to be rotationally driven synchronously with the workpiece spindle and which is [configured for holding a tool retainer], wherein the workpiece spindle is arranged at an axis intersection angle inclined in relation to the tool spindle, a tool changing system 4 fastened to a housing of the tool spindle, the tool changing system comprising a tool carrier that is configured to be rotated about a tool-carrier axis of rotation A (Fig. 1-7; para. 27-44). Walker does not disclose the tool carrier having a plurality of carrying plates that are rotatably arranged around the tool-carrier axis of rotation, each carrying plate having a bearing opening configured for holding a tool retainer carrying a tool, wherein tool retainers supported in the bearing openings are configured to be selectively coupled to the tool spindle by means of rotation of the tool carrier about the axis of rotation. However, Tokura teaches a tool carrier 1 having a plurality of carrying plates 10a that are rotatably arranged around the tool-carrier axis of rotation, each carrying plate having a bearing opening [configured for holding a tool retainer 11 carrying a tool 11a], wherein tool retainers supported in the bearing openings are [configured to be selectively coupled to the tool spindle by means of rotation of the tool carrier about the axis of rotation] (Fig. 9-11; col. 8, lines 35-60; col. 9-10). It would be obvious to one of ordinary skill in the art to utilize a plurality of carrying plates, as taught by Tokura, for the purpose of allowing use of a plurality of tools easily and enabling easy switching to a needed tool. 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 as well.
Re Claim 2, as best understood, Tokura teaches the tool carrier is in the shape of a truncated pyramid, the carrying plates are formed by lateral surfaces of the truncated pyramid and the axis of rotation runs centrally and perpendicularly through a head surface of the truncated pyramid, wherein the axis of rotation comprises an angle of inclination to the tool axis of rotation such that a surface extension of a carrying plate, which assumes a machining position, runs transversely to the tool axis of rotation and/or wherein of the one or a plurality of tools whose tool retainers are each stuck in a bearing opening (Fig. 9-11; col. 8, lines 35-60; col. 9-10), and Walker discloses at least one of the tools is a skiving tool (para. 44).
Re Claim 4, Walker discloses a carrying plate of the carrying plates which does not assume a machining position runs at a right angle to a carrying plate of the carrying plates assuming the machining position and/or wherein the tool changing system [configured for coupling the tool retainer with the tool spindle is replaceable in one direction of the tool axis of rotation] (Fig. 9-11; col. 8, lines 35-60; col. 9-10).
Re Claim 5, Walker discloses at least one of the tool retainers is temporarily fastened in the respective bearing opening of the carrying plate with detachable locking means 10b, 10c, which locking means are configured to be shifted from a locking position to a release position by an actuating element fastened to the housing of the tool spindle (Fig. 9-11; col. 8, lines 35-60; col. 9-10).
Re Claim 7, Walker discloses a stop of the locking means is supported in the locking position on the tool retainer and/or wherein a spring element in the locking position impinges a stop of the locking means into an indentation of the tool retainer (Fig. 9-11; col. 8, lines 35-60; col. 9-10).
Re Claim 8, Walker discloses the locking means are actuated by a spring element 10d in their locking position (Fig. 9-11; col. 8, lines 35-60; col. 9-10).
Re Claim 9, Walker discloses at least one of the carrying plates or an intermediate plate adjacent to the at least one carrying plate carries a supplementary tool 10i (Fig. 9-11; col. 10, lines 17-35).
Re Claim 10, Walker discloses the supplementary tool comprises a coupling means which is [configured to be engaged with a counter coupling means when coupling the tool retainer to a chuck of tool spindle] (Fig. 9-11; col. 10, lines 17-35).
Re Claim 11, Walker discloses the supplementary tool is a fluid nozzle by means of which a fluid can be moved against the work wheel and wherein the coupling means and the counter coupling means are formed by a tube section that is [configured to be inserted into a sleeve] (Fig. 9-11; col. 10, lines 17-35).
Re Claim 12, as best understood, Walker discloses a foot of the supplementary tool formed by a tube is fastened to an intermediate plate (Fig. 9-11; col. 10, lines 17-35).
Re Claim 13, Walker discloses a lifting device fastened to the housing of the tool spindle, the lifting device being [configured to shift a thrust rod parallel to the tool axis of rotation], by means of which a guided section of the tool changing system guided by a guide attached to the housing, which carries a rotary drive of the tool changing system, [can be shifted parallel to the tool axis of rotation] (Fig. 9-11; col. 9, line 25 – col. 10, line 20).
Re Claim 3, as best understood, Walker discloses a gear-cutting machine comprising: a rotatable workpiece spindle 28 configured for holding a work wheel to undergo gear cutting, a tool spindle 2, which tool spindle is [configured to be rotationally driven synchronously with the workpiece spindle for holding a tool retainer], a tool changing system 4 fastened to a housing of the tool spindle, and comprising a tool carrier that is [configured to be rotated about a tool-carrier axis of rotation A] (Fig. 1-7; para. 27-44). Walker does not disclose tool carrier with a plurality of carrying plates that are rotatably arranged around the tool-carrier axis of rotation, each carrying plate having a bearing opening configured for holding a tool with a tool retainer, wherein the tool retainers supported in the bearing openings are configured to be selectively coupled to the tool spindle by means of rotation of the tool carrier about the axis of rotation, wherein the tool carrier is in the shape of a truncated pyramid, the carrying plates are formed from the lateral surfaces of the truncated pyramid and the tool carrier axis of rotation is centered and runs perpendicular through a head surface of the truncated pyramid, wherein the tool carrier axis of rotation comprises an angle of inclination to the tool axis of rotation such that a surface extension of a carrying plate, which assumes a machining position, runs transversely to the tool axis of rotation. However, Tokura teaches a tool carrier 1 with a plurality of carrying plates 10a that are rotatably arranged around the tool-carrier axis of rotation, each carrying plate having a bearing opening [configured for holding a tool 11a with a tool retainer 11], wherein the tool retainers supported in the bearing openings are [configured to be selectively coupled to the tool spindle by means of rotation of the tool carrier about the axis of rotation], wherein the tool carrier is in the shape of a truncated pyramid, the carrying plates are formed from the lateral surfaces of the truncated pyramid and the tool carrier axis of rotation is centered and runs perpendicular through a head surface of the truncated pyramid, wherein the tool carrier axis of rotation comprises an angle of inclination to the tool axis of rotation such that a surface extension of a carrying plate, which assumes a machining position, runs transversely to the tool axis of rotation (Fig. 9-11; col. 8, lines 35-60; col. 9-10). It would be obvious to one of ordinary skill in the art to utilize a plurality of carrying plates, as taught by Tokura, for the purpose of allowing use of a plurality of tools easily and enabling easy switching to a needed tool. 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.
Allowable Subject Matter
Claim 6 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including 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 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
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