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 .
DETAILED ACTION
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “54” has been used to designate both “slot termination” and “distal section”; and reference character “238” has been used to designate both “slot” and “rear”.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: “32”, “34”, “36”, “60”, and “62”.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: “64”.
The drawings are objected to because:
In each of Figs. 1 - 4, 6, 8 - 10, 11 - 22, 24, 26 - 30, 32, 33, 35, and 41 – 44 multiple reference characters have been used to designate the same structural element (for example, in Fig. 1, see reference characters “12” and “20”; “42” and “46”; and “48” and “50”). Only one reference character and its associated lead line should be used to designate a specific structural element in any given figure.
In Figs. 11, 17, and 38, the text matter should be removed because text matter should only be included in figures when absolutely necessary. Reference characters and associated lead lines should be used whenever possible. Additionally, the text matter in Fig. 11 is illegible.
Regarding Figs. 29 and 30, it is unclear how the various structural elements shown in each of the aforementioned figures are connected to each other.
Figs. 1 - 10 should be labeled “Prior Art” because they are described as such in the specification.
Cross-sectional views need appropriate cross-hatching to illustrate the material(s) of which the various structural elements are composed. Figs. 3, 21, 32, 33, and 35.
Sectional views. The plane upon which a sectional view is taken should be indicated on the view from which the section is cut by a broken line. The ends of the broken line should be designated by Arabic or Roman numerals corresponding to the view number of the sectional view, and should have arrows to indicate the direction of sight. Hatching must be used to indicate section portions of an object, and must be made by regularly spaced oblique parallel lines spaced sufficiently apart to enable the lines to be distinguished without difficulty. Hatching should not impede the clear reading of the reference characters and lead lines. If it is not possible to place reference characters outside the hatched area, the hatching may be broken off wherever reference characters are inserted. Hatching must be at a substantial angle to the surrounding axes or principal lines, preferably 45°. A cross section must be set out and drawn to show all of the materials as they are shown in the view from which the cross section was taken. The parts in cross section must show proper material(s) by hatching with regularly spaced parallel oblique strokes, the space between strokes being chosen on the basis of the total area to be hatched. The various parts of a cross section of the same item should be hatched in the same manner and should accurately and graphically indicate the nature of the material(s) that is illustrated in cross section. The hatching of juxtaposed different elements must be angled in a different way. In the case of large areas, hatching may be confined to an edging drawn around the entire inside of the outline of the area to be hatched. Different types of hatching should have different conventional meanings as regards the nature of a material seen in cross section. 37 CFR 1.84(h)(3).
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 5 and 10 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.
Regarding claim 5, the phrase “better retention” as recited in lines 4 - 5 is confusing because “better” can be interpreted differently. For example, “better” can be interpreted as indicating a more secure connection between a bit and a bit holder or as indicating a more durable connection between a bit and a bit holder. Claim 10 contains a similar error.
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.
Claims 1, 2, 5 - 7, and 10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Monyak et al. (WO 2010/021582).
Regarding claim 1, Monyak discloses a retainer (sleeve 104) comprising: a tapered body portion (stepped portion 132 having an axially varying diameter) comprising an axial forward end (first end 122) and an axial distal end (bottom edge of second end 124); a first slot (slit 134) extending through a sidewall of the tapered body portion from the axial forward end to adjacent the axial distal end; and a reduced diameter distal section (second end 124) adjacent the axial distal end of the retainer, the reduced diameter distal section comprising a forward portion and a distal portion each comprising an outer diameter that is less than an outer diameter of the tapered body portion of the retainer forward of the reduced diameter distal section (Figs. 4 and 5; paragraphs 0019 - 0022).
Regarding claims 2 and 7, Monyak further discloses the tapered body portion (132) comprising a taper greater than zero (Figs. 4 and 5).
Regarding claims 5 and 10, Monyak further discloses the outer diameter of the tapered body portion at the axial forward end (122) of the retainer (104) being greater than the outer diameter of the tapered body portion at the axial adjacent the axial distal end (bottom edge of second end 124) of the retainer (104), the outer diameter of the tapered body portion at the axial forward end of the retainer (Figs. 4 and 5).
Regarding claim 6, Monyak discloses a bit (tool pick 102) comprising: a unitary body portion (head portion 106) comprising a washer portion (shoulder region 114) adjacent a distal end of the unitary body portion, the washer portion integrally formed as part of the unitary body portion; and a generally cylindrical shank (108) depending from a bottom of the body portion; and a retainer (104) disposed circumferentially about the shank, the retainer comprising: a tapered body portion (132) comprising an axial forward end (122) and an axial distal end (bottom edge of second end 124); a first slot (134) extending through a sidewall of the tapered body portion from the axial forward end to adjacent the axial distal end; and a reduced diameter distal section (124) adjacent the axial distal end of the retainer, the reduced diameter distal section comprising a forward portion and a distal portion each comprising an outer diameter that is less than an outer diameter of the tapered body portion (132) of the retainer forward of the reduced diameter distal section (Figs. 4 - 6; paragraphs 0019 - 0022).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 3, 4, 8 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Monyak et al. in view of Levankovskij (RU 2198292).
Regarding claims 3 and 8, Monyak fails to disclose a forward outer surface of the forward portion tapered axially inwardly towards the axial distal end of the retainer. Levankovskij teaches a forward outer surface of the forward portion tapered axially inwardly towards the axial distal end of the retainer (clamping sleeve 5) (Fig. 6; paragraphs 0021 and 20041). It would have been considered obvious to one of ordinary skill in the art, prior to the effective filing date of the invention, to have modified the apparatus as disclosed above with the forward portion tapered axially inwardly towards the axial distal end of the retainer as taught by Levankovskij to facilitate insertion of the bit/retainer into the holder/block.
Regarding claims 4 and 9, Monyak further discloses a distal cylindrical outer surface of the distal portion (see distal portion of distal section 124) (Figs. 4 and 5). Monyak fails to disclose a forward tapered outer surface of the distal portion tapered axially inwardly towards the axially distal end of the retainer. Levankovskij teaches a forward tapered outer surface of the distal portion tapered axially inwardly towards the axial distal end of the retainer (5) (Fig. 6; paragraphs 0021 and 20041). It would have been considered obvious to one of ordinary skill in the art, prior to the effective filing date of the invention, to have modified the apparatus as disclosed above with the forward portion tapered axially inwardly towards the axial distal end of the retainer as taught by Levankovskij to facilitate insertion of the bit/retainer into the holder/block.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SEAN D ANDRISH whose telephone number is (571)270-3098. The examiner can normally be reached Mon-Fri: 6:30 AM - 4:00 PM.
Examiner interviews are available via telephone, in-person, and video conferencing 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, Amber Anderson can be reached at 571-270-5281. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SEAN D ANDRISH/Primary Examiner, Art Unit 3678
SA
9/11/2026
