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 .
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.
Claims 6-9, 11-18, 20, 33, and 35 rejected under 35 U.S.C. 103 as being unpatentable over Chen (2012/0132048) in view of Michelet et al. (2013/0216319), hereinafter Michelet.
Regarding claim 6, Chen teaches a cutting apparatus for cutting a metal workpiece substantially as claimed except for the limitations in the bolded texts comprising:
a first portion 20 comprising a first outer surface, and a first shaft 13 extending away from the first outer surface (inner side of the shaft 13 extending from the inner surface 22);
a plurality of cutting inserts detachably fastened to a plurality of pockets of the first outer surface with mechanical fasteners;
a second portion 30 comprising a second outer surface and a second shaft 15 extending away from the second outer surface (the portion of the shaft 15 extending from the inner surface 32), wherein the first and second shafts are disposed coaxially around an axis with the first shaft extending within an inner cavity of the second shaft;
a first driving device 11 connected to the first shaft, the first driving device configured to rotate the first outer surface in a first direction around the axis; and
a second driving device 12 connected to the second shaft, the second driving device configured to rotate the second outer surface in a second direction around the axis opposite the first direction;
wherein the first driving device and the second driving device are: (1) arranged perpendicularly to each other; or (2) are both arranged on a same side of an imaginary plane which extends, perpendicularly to the axis, between the first outer surface and the second outer surface (there is an imaginary plane extending between the two inner surfaces of the blades (20, 30) and the two drive devices are on one side of the imaginary plane).
See Figs. 4-6.
Chen does not teach the inserts detachably fastened to the pocket of the outer surface by mechanical fasteners.
Michelet teaches a cutting tool including a first portion having an outer surface and cutting inserts 21 detachably fastened to pockets (127, 127’) of the first portion by screws 141 so that damaged cutting inserts can be replaced quickly and easily. See Fig. 6A.
Therefore, it would have been obvious to one skilled in the art before the effective filling date of the claimed invention to make cutting tool in Chen having the pockets as taught by Michelet for receiving the cutting inserts so that the cutting inserts in Chen are detachably fastened to the first portion for quick and easy replacement of the cutting inserts.
Regarding claim 7, the second portion 30 having cutting inserts is best seen in Fig. 5. For a similar reason in claim 6, the second portion is modified to have pockets for receiving the cutting inserts. And the inserts are secured to the pockets by the mechanical fasteners.
Regarding claim 8, the second portion 30 having counter rotating mass 40 or the blade support area of element 15 not having cutting members is best seen in Figs. 4-5 in Chen.
Regarding claim 9, a gap between the first portion and the second portion is best seen in Fig. 5 in Chen.
Regarding claim 11, the first drive device 11 and the second drive device 12 are different portions of the gear box in Chen.
Regarding claim 12, Chen teaches a motor for rotating the shaft 10.
Regarding claim 13, a stabilizing member (one of the bearings of the shafts) is best seen in Fig. 4 in Chen.
Regarding claim 14, Chen teaches a tool comprising the first portion and the second portion.
Regarding claims 15 and 17, Chen teaches a method of cutting a metal workpiece with a cutting apparatus substantially as claimed except for the limitations in the bolded texts comprising:
attaching a plurality of cutting inserts to a plurality of pockets of a first outer surface of a first portion with a plurality of mechanical fasteners, the first portion comprising the first outer surface and a first shaft extending away from the first outer surface;
rotating, with a first driving device 11, the first outer surface of the first portion 20 in a first direction around an axis to cut the metal workpiece with the plurality of cutting inserts; and
simultaneously rotating, with a second driving device 12, a second outer surface of a second portion 30 in a second direction around the axis opposite the first direction to cut the metal workpiece or to provide a counter-rotating mass to reduce a bending moment, the second portion comprising the second outer surface and a second shaft 15 extending away from the second outer surface, the first and second shafts disposed coaxially around the axis with the first shaft extending within an inner cavity of the second shaft;
wherein the first driving device and the second driving device are: (1) arranged perpendicularly to each other; or (2) are both arranged on a same side of an imaginary plane which extends, perpendicularly to the axis, between the first outer surface and the second outer surface (there is an imaginary plane extending between the two inner surfaces of the blades (20, 30) and the two drive devices are on one side of the imaginary plane).
See Figs. 4-6.
Chen does not teach the inserts detachably fastened to the pocket of the outer surface by mechanical fasteners.
Michelet teaches a cutting tool including a first portion having an outer surface and cutting inserts 21 detachably fastened to pockets (127, 127’) of the first portion by screws 141 so that damaged cutting inserts can be replaced quickly and easily. See Fig. 6A.
Therefore, it would have been obvious to one skilled in the art before the effective filling date of the claimed invention to make cutting tool in Chen having the pockets as taught by Michelet for receiving the cutting inserts so that the cutting inserts in Chen are detachably fastened to the first portion for quick and easy replacement of the cutting inserts.
Regarding claim 16, Chen teaches the two cutting portions rotating oppositely.
Regarding claim 18, a workpiece can be fed to the cutting tool.
Regarding claim 20, the first drive device 11 and the second drive device 12 are different portions of the gear box.
Regarding claims 33 and 35, there is an imaginary plane extending between the two inner surfaces of the blades (20, 30) and the two drive devices are on one side of the imaginary plane.
Claims 10 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Chen (2012/0132048) in view of Michelet et al. (2013/0216319), hereinafter Michelet as applied to claims 6 and 15 above, and further in view of Dunn (3,774,348).
Regarding claims 10 and 19, Chen teaches the invention substantially as claimed except for the first drive comprising a first motor and the second drive comprising a second motor.
Dunn teaches an apparatus comprising a first disc (14L) having a first motor (16L), and a second disc (14R) having a second motor (16R). See Fig. 1.
To drive both blades with a single motor as taught by Chen and to drive each blade with its own motor are art equivalents known in the art since both types of arrangements of the motors resulting the rotation of the blades.
Therefore, it would have been obvious to one skilled in the art at the time the invention was made to use each motor for each cutting blade in Chen since it has been held that substituting equivalents known for the same purpose is obvious to one skilled in the art. See MPEP. 2144.06.
Allowable Subject Matter
Claims 32 and 34 are 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.
The following is an examiner’s statement of reasons for allowance: claims 32 and 34 are allowable setting forth the first drive device and the second drive device being perpendicular to each other.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Response to Arguments
Applicant's arguments filed 04/23/2026have been fully considered but they are not persuasive.
Regarding the limitation the first drive device and the second drive device “are both arranged on a same side of an imaginary plane which extends, perpendicularly to the axis, between the first outer surface and the second outer surface” in claim 6 and 15, there is an imaginary plane extending between the two inner surfaces of the blades (20, 30) and the two drive devices (11, 12) are on one side of the imaginary plane.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PHONG H NGUYEN whose telephone number is (571)272-4510. The examiner can normally be reached M-F: 8-5.
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/PHONG H NGUYEN/Examiner, Art Unit 3724
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