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 § 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 2, 7 and 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 2 recites in line 3 “the first lateral comprises”. There is insufficient antecedent basis for “the first lateral” as no “first lateral” has been previously introduced. As such, it is also unclear if this “first lateral” is referring to “the first lateral surface” as set forth in claim 1, or not. Further clarification is needed.
Claim 2 further recites in lines 6-7 that “the upper surface further comprises a breaker wall surface…and has a portion”. However, it is unclear if this “portion” is of the upper surface or of the breaker wall surface. Further clarification is needed.
Claim 7 recites in line 3 “rod-like shape”. The term “like” renders the claim indefinite as it is unclear if the shape of the holder is a rod, or not. To what extent, “rod-like” is being 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) 1-3 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by JP 4797526 (hereafter—JP’526--).
In regards to claim 1, JP’526 discloses a cutting insert (10A) comprising: an upper surface (11A) comprising a first corner (33a) having a protruding curve shape (in the same way as presented by Applicant, see Figures 1 and 2) and a first side (12) and a second side (the other one of 12) extending from the first corner (33a); a lower surface (11B) located on an opposite side to the upper surface (11A); lateral surfaces (22, 40 and 32 around the periphery of the insert) located between the upper surface (11A) and the lower surface (11B); a cutting edge (33b) located on the first corner (33a) and the first side (12); and a through hole (14) that opens in the upper surface (11A) and the lower surface (11B, note that in order to be attached to holder shown in Figure 3, via screw 40, the hole 14 has to open at the lower surface), wherein the lateral surfaces (22, 40 and 32) comprise: a first lateral surface (in the same way as presented by Applicant, refer to lateral surface consisting of 22, 40 and 32) extending from the first side to the lower surface; and a second lateral surface (in the same way as presented by Applicant, refer to a second lateral surface consisting of 22, 40 and 32) extending from the second side to the lower surface, in a front view of the upper surface (as seen from Figure 2), a virtual straight line passing through a front end of the first corner and extending in a major axis direction of the upper surface is referred to as an axis (see annotated Figure 2 below), the first lateral surface comprises: a first region (40) that has a recessed shape recessed toward the axis (see Figure 2 and note that first region 40 is concavely recessed in a direction towards the axis); and a second region (22) that is flat and is located farther from the first corner than the first region (see Figure 1), the upper surface further comprises a recessed portion (see Figure 1 and annotated Figure 2 below, and note that it is recessed from surface 13) that is located between the second side and the axis and is recessed toward the axis in a front view of the upper surface, and an entirety of the recessed portion is located farther from the first corner (33a) than an entirety of the first region in a direction along the axis (see annotated Figure 2 below).
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In regards to claim 2, JP’526 discloses the cutting insert according to claim 1, JP’526 also discloses that the first lateral--surface-- comprises: a first section (40) having a recessed shape located along the first region; and a second section (32) having a linear shape located along the second region, the upper surface further comprises a breaker wall surface (refer to the breaker wall surface of chip breaker annotated in Figure 2 above) that is located between the first section and the axis, and has a portion farther from the first section with increasing distance from the lower surface, the recessed portion comprises a front end portion (annotated in Figure 2 above) that is closest to the first corner (33a) in the direction along the axis, the breaker wall surface comprises a rear end portion (annotated in Figure 2 above) that is farthest from the first corner (33a) in the direction along the axis, and the rear end portion (annotated in Figure 2 above) is located farther from the first corner than the front end portion in the direction along the axis (annotated in Figure 2 above).
In regards to claim 3, JP’526 discloses the cutting insert according to claim 1, JP’526 also discloses that the first side comprises: a first section (see annotated Figure 2 below) having a recessed shape located along the first region; and a second section (see annotated Figure 2 below) having a linear shape located along the second region, the first section comprises, in a front view of the upper surface (see annotated Figure 2 below): a first portion (see annotated Figure 2 below) having a linear shape connected to the first corner; a second portion (see annotated Figure 2 below) having a protruding curve shape connected to the second section; and a third portion (see annotated Figure 2 below) having a recessed curve shape located between the first portion and the second portion (see annotated Figure 2 below).
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Claim(s) 1, 7 and 8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by WO 2020/179538 (hereafter—WO’538--).
In regards to claim 1, WO’538 discloses a cutting insert (5) comprising: an upper surface (21) comprising a first corner (21a) having a protruding curve shape (in the same way as presented by Applicant, see Figures 8 and 9) and a first side (see annotated Figure 9 below) and a second side (see annotated Figure 9 below) extending from the first corner (21a); a lower surface (23) located on an opposite side to the upper surface (21); lateral surfaces (25) located between the upper surface (21) and the lower surface (23); a cutting edge (27) located on the first corner (21a) and the first side (see Figures 8 and 9); and a through hole (29) that opens in the upper surface (21) and the lower surface (23, see Figure 8), wherein the lateral surfaces (25) comprise: a first lateral surface (refer to lateral surface 25 located entirely at the first side as in annotated Figure 9 below) extending from the first side to the lower surface; and a second lateral surface (refer to the other lateral surface 25, located entirely at the second side) extending from the second side to the lower surface, in a front view of the upper surface (as seen from Figure 9), a virtual straight line passing through a front end of the first corner and extending in a major axis direction of the upper surface is referred to as an axis (see annotated Figure 9 below), the first lateral surface comprises: a first region (see annotated Figure 9 below) that has a recessed shape recessed toward the axis (see annotated Figure 9 below); and a second region (see annotated Figure 9 below) that is flat and is located farther from the first corner than the first region (see Figure 9), the upper surface (21) further comprises a recessed portion (see annotated Figure 9 below) that is located between the second side and the axis and is recessed toward the axis in a front view of the upper surface (in the same way as presented by Applicant), and an entirety of the recessed portion is located farther from the first corner (21a) than an entirety of the first region in a direction along the axis (see annotated Figure 9 below).
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In regards to claim 7, WO’538 discloses the cutting insert according to claim 1, WO’538 also discloses a cutting tool (1, Figures 4 and 5) comprising: a holder (3) that has a rod-like shape extending from a first end to a second end (in the same way Applicant’s holder of Figure 3, is rod-like shaped), and comprises a pocket (refer to pocket where insert 5 is disposed at as in Figure 5) located at the first end; the cutting insert (5) located in the pocket (Figure 5); a first screw (7(7a)) inserted in the through hole (29) and fixed to the holder (3); and a second screw (9(9a) that is brought into contact with the recessed portion and is fixed to the holder (in the same way as presented by Applicant’s Figure 3, see Figure 5 of WO’538).
In regards to claim 8, WO’538 discloses the cutting insert according to claim 7, WO’538 also discloses a method for manufacturing a machined product (see Figures 14-16), the method comprising: rotating a workpiece (101); bringing the cutting tool (1) into contact with the workpiece (101) that is rotating (see rotational direction D1 and in Figures 14 and 15); and separating the cutting tool from the workpiece (see Figure 16).
Allowable Subject Matter
Claims 4-6 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 reasons for allowance will be provided once the Application is in condition to be allowed.
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.
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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