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 . 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 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.
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.
(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.
Claims 1, 4, 8 and 9 are rejected, under 35 U.S.C. 102(a)(1) as being anticipated by Kirby (US 2009/0324347).
Regarding claim 1, Kirby teaches a method for producing a milling tool (1) with cutting teeth (8)(Figure 1) comprising;
providing a milling tool blank, machining cutting teeth in the milling tool blank (Figure 1; Noting Paragraph 0055 and the cutter blank being used);
the cutting teeth having a cutting tooth geometry (Figure 1 noting one possible cutting tooth geometry and Figure 2 noting a different geometry based on a side view of the cutting tooth) associated therewith, the cutting tooth geometry (Figures 1-2 of cutting tooth 8) being associated with a desired tooth profile for producing a desired gear tooth, wherein the cutting tooth geometry is subdivided into at least two different partial cutting tooth geometries (X1, X2),
wherein the at least two different partial cutting tooth geometries (X1, X2) are configured such that at least one of the at least two different partial cutting tooth geometries has portions (X1a,b,c, X2a,b,c) which recess behind an outer contour of the cutting tooth geometry (See annotated Figure 1 below noting the partial tooth geometry of X2 to be partial and different using the cross section represented by the dotted line),
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wherein a superposition of the at least two different partial cutting tooth geometries (X1, X2) geometrically reproduces the cutting tooth geometry (Noting Figure 1 wherein the cutting tooth geometry as a whole is reproduced), and wherein the cutting teeth (8) have the at least two different partial cutting tooth geometries (X1,X2),
wherein at least one of the at least two different partial cutting tooth geometries (X1,X2) recesses behind the cutting tooth geometry, the at least one of the at least two different partial cutting tooth geometries resulting in a material removal when the cutting teeth (8) interact with a workpiece, the material removal being less than a predetermined limit value of material (Paragraph 0041-0046, 0061 noting tooth is capable of interacting with a workpiece and the rake angle may be adjusted thereby providing for a variation in the material removal when interacting with a workpiece).
Regarding claim 4, Kirby teaches the method according to claim 1, characterized in that the machining of cutting teeth (8), which comprise the different partial cutting tooth geometries (11,12), are machined from the milling tool blank using a grinding wheel (Abstract; Paragraphs 0055-0060 and Figure 1; Note Figure 3 showing two grinding wheels).
Regarding claim 8, Kirby teaches the method according to claim 1;
characterized in that the machining of cutting teeth (8), which comprise the different partial cutting tooth geometries (11,12), are machined from the milling tool blank using a grinding wheel with a standardized profile or standard grinding wheel (Abstract; Paragraphs 0055-0060), preferably using end of the line processing (Figure 1; Note Figure 3 showing two grinding wheels).
Regarding claim 9, Kirby teaches the method according to claim 1;
characterized in that the machining of cutting teeth (8), which comprise the different partial cutting tooth geometries (11,12), are machined from the milling tool blank using a grinding wheel with a standardized profile or standard grinding wheel (Abstract; Paragraphs 0055-0060), preferably using end of the line processing (Figure 1; Note Figure 3 showing two grinding wheels).
Response to Arguments
Applicant's arguments filed 09/24/2026 have been fully considered but they are not persuasive.
-Applicant’s arguments concerning the prior art of Kirby are noted but no persuasive. Applicant notes “In contrast, Kirby et al. discloses a milling tool with cutting teeth having different sections, which are created one after the other, however, the individual cutting teeth are all identical to one another. Kirby et al. neither teaches nor suggests the machining of cutting teeth which have different partial cutting tooth geometries”. Examiner notes that while the cutting teeth may be similar, the claim only requires different partial cutting tooth geometries. As noted in the rejection above, there are an infinite number of ways to create different partial cutting tooth geometries that are all different and include an infinite number of portions that may be associated therewith that are recessed behind the partial geometries. As currently claimed, there are no distinct shapes, size or styles, ranges or patterns that prevent the current interpretation of the prior art to read upon the current claim language.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RICHARD D CROSBY JR whose telephone number is (571)272-8034. The examiner can normally be reached Monday-Friday 8:00-4:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Boyer Ashley can be reached at (571) 272-4502. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RICHARD D CROSBY JR/ 10/08/2026Examiner, Art Unit 3724
/GHASSEM ALIE/Primary Examiner, Art Unit 3724 10/09/2026
