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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “second pocket is connected to the second front end surface at a right angle” and the “third pocket is connected to the third front end surface at an obtuse angle” as set forth in lines 27-28 of claim 1, must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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- 8 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 in lines 27-28 that “the second pocket is connected to the second front end surface at a right angle, and the third pocket is connected to the third front end surface at an obtuse angle”, which render the claim indefinite. It is unclear where exactly each of these “right angle” and “obtuse angle” are being defined and taken from. The specifics on how each of the second and third pockets are connected to the second and third front end surfaces respectively, such as to define these angles, are unclear. Further clarification is needed.
Claim 2 recites in lines 12-13 that “an inclination angle of the third front region with respect to the third front end surface is larger than an inclination angle of the third rear region with respect to the third front end surface”, which renders the claim indefinite. The metes and bounds of where exactly each of these inclination angles are defined, are not clearly set forth. It is unclear how are each of these inclination angles defined. Further clarification is needed.
Claim 6 recites in lines 11-14 that “an inclination angle of the second front region with respect to the rotation axis is a first inclination angle, and an inclination angle of the second rear region with respect to the rotation axis is a second inclination angle” which renders the claim indefinite. The metes and bounds of where exactly each of these inclination angles are defined, are not clearly set forth. It is unclear how are each of these inclination angles, defined. Further clarification is needed.
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 and 8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Itoh et al. US 8,714,885 (hereafter—Itoh--).
In regards to claim 1, Itoh discloses a boring tool (20) comprising: a shaft member (21, 22, and 23) extending along a rotation axis from a front end (machining end) toward a rear end (shaft end); a first cutter (29) located on a side at which the front end is provided (see Figures 5-11 and annotated Figure 8 below), and fixed to the shaft member; a second cutter (25) located on a side at which the rear end is provided (see Figures 5-11 and annotated Figure 8 below), and fixed to the shaft member; and a third cutter (26) located between the first cutter and the second cutter, and fixed to the shaft member (see Figures 5-11 and annotated Figure 8 below), wherein a distance between the first cutter and the third cutter is greater than a distance between the second cutter and the third cutter (see Figure 8), the second cutter comprises: a second front end surface that is flat and located on the side at which the front end is provided (see Figures 5 and 6, in the same way as presented by Applicant); a second cutting edge located on an outer peripheral side (see Figures 5 and 6, in the same way as presented by Applicant); and a second pocket (see Figures 5 and 6, in the same way as presented by Applicant) located forward of the second cutting edge in a rotation direction of the rotation axis, and connected to the second front end surface, the third cutter comprises: a third front end surface that is flat (see Figures 5 and 6, in the same way as presented by Applicant) and located on the side at which the front end is provided (see Figures 5 and 6, in the same way as presented by Applicant); a third cutting edge located on the outer peripheral side (see Figures 5 and 6, in the same way as presented by Applicant); and a third pocket located forward of the third cutting edge in the rotation direction (see Figures 5 and 6, in the same way as presented by Applicant), and connected to the third front end surface, and the second pocket is connected to the second front end surface at a right angle, and the third pocket is connected to the third front end surface at an obtuse angle (see Annotated Figure 8 below).
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In regards to claim 8, Itoh discloses the boring tool of claim 1, Itoh also discloses a method for manufacturing a machined product, the method comprising the steps of: rotating the boring tool; bringing the boring tool into contact with a workpiece; and separating the boring tool from the workpiece. (see Figures 11 and 12)
Allowable Subject Matter
Claims 2-7 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include 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 NICOLE N RAMOS whose telephone number is (571)272-5134. The examiner can normally be reached Mon-Thu 7:00 am -5:00 pm.
Examiner interviews are available via telephone, using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sunil K Singh can be reached at (571) 272-3460. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NICOLE N RAMOS/Primary Examiner, Art Unit 3722
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