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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on June 17, 2026 has been entered.
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 first pair of opposing sides each extending from the one of the second constraining surface to an other of the second constraining surfaces along an edge of the one of the first constraining surfaces” in 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 1-6, 8 and 9 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 “first constraining surfaces, a pair of surfaces opposing each other and spaced apart from each other along a rotating direction of the body when the cutting insert is mounted on the body” in Lines 3-5. The recitation of “in a rotating direction” adds vagueness to the limitation. While the body, and therefore the rotation direction thereof, is intended use only, it is unclear how the surfaces oppose each other in said direction. A direction only goes one way. Furthermore, the term “when” creates a lack of clarity to the claim. It is unclear whether the limitations preceding the “when” term are required if the “when” condition does not occur. Appropriate correction required.
Claim 1 recites “the first pair of opposing sides each extending from the one of the second constraining surfaces to an other of the second constraining surfaces along an edge of the one of the first constraining surfaces” in Lines 10-12. The scope of ‘the first pair of opposing sides extending from one second constraining surface to the other’ is unclear. The disclosure does not provide for the first constraining surface reaching either of the two second constraining surfaces. As such, it is unclear whether the scope is merely that the sides of the first constraining surface extend toward in a direction from what second constraining surface to the other as disclosed or if the intent is in-line with the recited language of the claim. Appropriate correction required.
Claim 1 recites “flanks which are disposed at positions adjacent to the cutting edges respectively” in Line 13. It is unclear whether there are multiple flanks disposed adjacent to a respective cutting edge or if there is a flank disposed relative to a given cutting edge. Appropriate correction required.
Claim 3 recites “at an edge of he one of the first constraining surfaces” in Lines 4-5. Claim 1 already sets forth antecedent basis for “an edge” of the first constraining surface. If this is a different edge, examiner suggests using language to show that difference. Appropriate correction required.
Claim Rejections - 35 USC § 103
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 1, 3-6, 8 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Satran et al. (US Patent No. 8,202,026 B2) in view of Atar (US Pub. No. 2020/0306844 A1).
(Claim 1) Satran et al. (“Satran”) discloses a cutting insert (10) which is capable of being mounted on a body of a cutting tool (via 18). The cutting insert includes first constraining surfaces (40), which are a pair of surfaces opposing each other and spaced from each other along a rotating direction, as best understood, when the cutting insert is mounted on the body (mirror symmetry about P2 – Col. 3, Lines 59-65; Figs. 1, 2), and one of which is constrained by the body (while this sounds in positive claim language, the claim is only to the cutting insert and this limitation is interpreted as intended use). The cutting insert further includes second constraining surfaces (48), which are a pair of surfaces opposing each other (Fig. 3; Col. 4, Lines 4-6) and spaced from each other along a central axis perpendicular to the pair of second constraining surfaces (intended use, but due to the tangential nature of the mounting arrangement, the insert is capable of being mounted such that the second constraining surfaces oppose each other in the radial direction of a cutter body), and one of which is constrained by the body (again, intended use). The cutting insert has cutting edges (32, 34, 36) disposed respectively along a first pair of opposing sides of one of the first constraining surfaces, first pair of opposing sides from the one of the second constraining surfaces to an other of the second constraining surfaces and along an edge of the first constraining surface (Fig. 3). Flanks (46) which are disposed at positions adjacent to the cutting edges respectively, wherein an angle (Fig. 5 internal angle between 40 and 46) formed by one of the first constraining surface and one flank, which are adjacent to each other across one of the cutting edges. The first constraining surface is not explicitly disclosed as being planar such that the internal angle is larger than 90°.
Atar discloses a first constraining surface (58) that may be planar and parallel to a median plane of the cutting insert (¶ 0065). At a time prior to filing it would have been obvious to one having ordinary skill in the art to modify the cutting insert disclosed in Satran with a planar first constraining surface as disclosed in Atar as a simple substitution of one known element for another, which leads to the predictable result of providing a clamping surface for the cutting insert. See KSR International Co. v. Teleflex Inc., 550 U.S. 398, 418 (2007) (reciting several exemplary rationales that may support a finding of obviousness).
(Claim 3) The cutting insert comprises a second pair of opposing sides of the one of the first constraining surfaces, each of the second pair of opposing sides extending along one of the second constraining surfaces at an edge of the one of the first constraining surfaces, the one of the first pair of opposing sides is a first side, and one of the second pair of sides is a second side, an angle formed by the first side and the second side is an angle that is different from 90° (Fig. 3 showing at least the cutting edges cambered such that an angle between a short side edge 34 and a part of the main edge 32 would be different such that at least one of said angle between said sides would not be 90 degrees).
(Claim 4) Shapes of each of the pair of first constraining surfaces (40) are the same as each other, and shapes of each of the pair of second constraining surfaces (48) are the same as each other (Figs. 1, 2; mirror symmetry about P2 – Col. 3, Lines 59-65; Fig. 3 symmetry about B – Col. 4, Lines 4-6).
(Claim 5) The central axis perpendicular to the pair of second constraining surfaces passes through the center of each of the pair of second constraining surfaces (Figs. 1-3). A shape of the cutting insert has 180-degree rotational symmetry about the central axis (Fig. 3 symmetry about B – Col. 4, Lines 4-6).
(Claim 6) The cutting insert comprises a second pair of opposing sides of the one of the first constraining surfaces, each of the second pair of opposing sides extending along the second constraining surfaces at an edge of the one of the first constraining surfaces (Figs. 1-3). A margin (46), which is a portion that contacts with an inner side surface of a hole during machining, is formed linearly along the side of the second constraining surface on the first constraining surface side (Figs. 1-4).
(Claim 8) A cutting tool is equipped with the cutting insert (Col. 4, Lines 54-58; Col. 5, Lines 57-59).
(Claim 9) A shape of the cutting insert has 180-degree rotational symmetry about an axis passes through the center of each of the pair of first constraining surfaces (Figs. 1, 3).
Response to Arguments
Applicant’s arguments with respect to claim 1 have been considered but are moot because of the new ground of rejection.
Conclusion
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.
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, Singh Sunil 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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/RYAN RUFO/Primary Examiner, Art Unit 3722
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