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 Group I (claims 1-13) in the reply filed on July 29, 2026 is acknowledged. The traversal is on the ground that the Fujiwara reference allegedly discloses a honing surface of constant width across portions 11A and 11B. This is not found persuasive.
The Fujiwara reference discloses the honing as claimed. While Applicant directs attention to portions 11A and 11B, it is clear that portion at 11C has variable width. Nevertheless, the real issue here is that the claim refers to portions of surfaces. As such, even a surface of allegedly constant width may have a portion that is arbitrarily defined to meet the claimed limitation. Applicant may view the anticipation rejection below for a complete explanation on how the Fujiwara reference reads upon claim 1.
The requirement is still deemed proper and is therefore made FINAL.
Claim 14 has been withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected group, there being no allowable generic or linking claim.
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 “the front end side” in Line 5. There is insufficient antecedent basis for this limitation in the claim. The boundary between the front end side and not the front end side is unclear. As such, the scope of the front end side is unclear. Appropriate correction required.
Claim 1 recites “forward in a rotation direction of the rotation axis” in Lines 9-10. It is unclear what the forward direction of the rotation axis requires. That is, it is unclear if the rotation axis is somehow meant to rotate or if the rotation direction is “about” the axis. Furthermore, it is unclear what is considered forward in the rotation direction. The limitation needs to recite what forward is in relation to because there isn’t a comparison feature. Appropriate correctio required.
Claim 1 recites “first honing surface” and “second honing surface” in Lines 11 and 13, respectively. It is unclear whether the surfaces are honed surfaces as disclosed or surfaces for honing as suggested by the claim language. Furthermore, it is unclear whether the two honing surfaces are distinct surfaces as the language suggests or part of the same honed surface as seemingly disclosed. Appropriate clarification required.
Claim 1 recites “in a front end view” in Line 16. It is unclear what feature the front end view applies to in the claimed drill. Appropriate correction required.
Claim 2 recites “rearward in the rotation direction” in Line 3. It is unclear what constitutes rearward in the rotation direction as the rotation direction goes one-way. Appropriate correction required.
Claim 4 recites the limitation “the outer peripheral side” in Line 6. There is insufficient antecedent basis for this limitation in the claim. It is unclear what constitutes the outer peripheral side of the first region. Appropriate correction required.
Claim 4 recites “in the rotation direction toward the outer peripheral side.” It is unclear whether the rotation direction is toward the outer peripheral side as suggested by the language or if the extending forward happens as the second region extends from the first region toward the outer peripheral side. Appropriate correction required.
Claim 8 recites “a fifth portion comprising an end portion on the outer peripheral side . . . having a width that increases toward the outer peripheral side.” The scope of the outer peripheral side is unclear. It is also unclear how the fifth portion has an end portion on the outer peripheral side with a width that increases toward the outer peripheral side. That is, it is unclear how something could be on another feature but also have a width that increases towards that other feature. Appropriate correction required.
Claim 9 recites “when a portion where” in Line 3. The term “when” creates a lack of clarity because it is unclear whether the limitations following the “when” term are required if the “when” condition is never triggered. Appropriate correction required.
Claim 9 recites “a width of a honing surface in the first connection portion is smaller than a width of a honing surface in the second connection portion.” It is unclear whether the honing surfaces recited here are the same as the previously recited honing surfaces or not. It is also unclear if the honing surfaces are surfaces capable of honing or are merely honed themselves. Appropriate correction required.
Claim 10 recites “when a portion where” in Line 2. The term “when” creates a lack of clarity because it is unclear whether the limitations following the “when” term are required if the “when” condition is never triggered. Appropriate correction required.
Claim 11 recites “when a distance” in Line 3. The term “when” creates a lack of clarity because it is unclear whether the limitations following the “when” term are required if the “when” condition is never triggered. Appropriate correction required.
Claim 11 recites “on the rotation axis side” in Lines 3-4. There is insufficient antecedent basis for this limitation. It is also unclear what constitutes the rotation axis side. Appropriate correction required.
Claim 12 recites “a boundary portion between a first front end surface and a first thinning surface.” It is unclear how the first front surface and the first thinning surface relate to the first end surface previously claimed and the thinning flute previously recited. It is unclear where these features are in relation to the other claimed features. Appropriate correction required.
Claim 13 recites “on the rotation axis side” in Lines 3-4. There is insufficient antecedent basis for this limitation. It is also unclear what constitutes the rotation axis side. Appropriate correction 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.
Claims 1-13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fujiwara et al. (US Pub. No. 2020/0398350 A1).
Fujiwara et al. discloses a drill (Figs. 1, 2) that includes a body (1) that is rod-shaped and that extends from a front end toward a rear end along a rotation axis (O). The body has a cutting edge (3) located on the front end side, a thinning flute (6C) extending from the cutting edge toward the rear end, a discharge flute (5) located on an outer peripheral side of the thinning flute and extending from the cutting edge toward the rear end (Fig. 2), a front end surface (4B) adjacent to the thinning flute and the discharge flute, as best understood, forward in a rotation direction of the rotation axis, a first honing surface (11C) located at an intersection of the front end surface and the thinning flute, and a second honing surface (11A) located at an intersection of the front end surface and the discharge flute and connected to the first honing surface (Figs. 1, 2). The first honing surface includes a first portion that is connected to the second honing surface and that has a width that increases toward the second honing surface in a front end view (Fig. 1). The second honing surface includes a second portion that is connected to the first honing surface and that has a width that increases toward the first honing surface in the front end view (Fig. 1). The portions may be identified arbitrarily to meet the claim. Furthermore, it must be noted that the first and second honing surfaces are required to intersect different the thinning flute and the discharge flute, respectively, but are not limited to only intersecting those surfaces. As such, the second honing surface could extend into the thinning surface and include the portion of 11C that increases to the point of the maximum width of that section. To define subject matter Applicant likely desires, the first and second honing surfaces must be limited only to those intersections claims and the portions must be defined as being between extremities of the respective honing surfaces.
(Claim 2) In the front end view (Fig. 1), the first portion extends rearward in the rotation direction toward the second honing surface, and the second portion extends rearward in the rotation direction toward the first honing surface. Again, due to the arbitrary nature of the respective portions, said portions may be arbitrarily designated to meet the claim limitations.
(Claim 3) All of the first honing surface is the first portion. Because the first honing surface is merely stated at being at an intersection between the thinning surface and the end surface without any further limitation, the first surface may be arbitrarily designated to also be the entirety of the first portion.
(Claim 4) In the front end view (Fig. 1), the second honing surface further includes a first region having a recessed shape recessed forward in the rotation direction, and a second region located on the outer peripheral side of the first region and extending forward in the rotation direction toward the outer peripheral side. Again, due to the arbitrary nature of the respective portions/regions, said portions may be arbitrarily designated to meet the claim limitations.
(Claim 5) The body includes an outer peripheral surface (7-9) located at an outer edge (Fig. 2). The first region includes the second portion, and a third portion that is connected to the second region and, in the front end view (Fig. 1), has a width that increases toward the outer peripheral surface. Again, due to the arbitrary nature of the respective portions/regions, said portions may be arbitrarily designated to meet the claim limitations.
(Claim 6) The first region further includes a bottom portion located at an end portion forward in the rotation direction, and the third portion includes the bottom portion (Fig. 1). Again, due to the arbitrary nature of the respective portions/regions, said portions may be arbitrarily designated to meet the claim limitations.
(Claim 7) The second region includes a fourth portion comprising an end portion connected to the first region and, in the front end view (Fig. 1), having a width that increases toward the first region. Again, due to the arbitrary nature of the respective portions/regions, said portions may be arbitrarily designated to meet the claim limitations.
(Claim 8) The second region includes a fifth portion having an end portion on the outer peripheral side and, in the front end view (Fig. 1), having a width that increases toward the outer peripheral side. Again, due to the arbitrary nature of the respective portions/regions, said portions may be arbitrarily designated to meet the claim limitations.
(Claim 9) The first region is connected to the second region, and when a portion where the first honing surface and the second honing surface meet is defined as a first connection portion, and a portion where the first region and the second region meet is defined as a second connection portion, in the front end view, a width of a honing surface in the first connection portion is smaller than a width of a honing surface in the second connection portion (Fig. 1). Again, due to the arbitrary nature of the respective portions/regions, said portions may be arbitrarily designated to meet the claim limitations.
(Claim 10) As best understood, when a portion where a width of the second honing surface is smallest is defined as a smallest portion, the first region includes the smallest portion (Fig. 1). Again, due to the arbitrary nature of the respective portions/regions, said portions may be arbitrarily designated to meet the claim limitations.
(Claim 11) In the front end view (Fig. 1), as best understood, when a distance from an end portion of the second honing surface on the rotation axis side to the smallest portion is defined as L1, and a distance from the smallest portion to an end portion of the second honing surface on the outer peripheral side is defined as L2, L2/L1>5. Again, due to the arbitrary nature of the respective portions/regions, said portions may be arbitrarily designated to meet the claim limitations.
(Claim 12) The thinning flute includes a thinning surface (6C) connected to the first portion (Figs. 1, 2). A length of the first honing surface is longer than a length of a boundary portion between a first front end surface and a first thinning surface (Figs. 1, 2). Again, due to the arbitrary nature of the respective portions/regions, said portions may be arbitrarily designated to meet the claim limitations.
(Claim 13) In the front end view (Fig. 1), a distance from the rotation axis to an end portion of the first honing surface on the rotation axis side is less than one third of an outer diameter of the body (Fig. 2). Again, due to the arbitrary nature of the respective portions/regions, said portions may be arbitrarily designated to meet the claim limitations.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See JP S63-237809 A (disclosing a honing surface at the intersection of the end surface and the rotationally forward side of the flute).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RYAN RUFO whose telephone number is (571)272-4604. The examiner can normally be reached Mon-Thurs.
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/RYAN RUFO/Primary Examiner, Art Unit 3722
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