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 1-19 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 in line 12, the term “thereof” which renders the claim indefinite as it is unclear to what “thereof” refers. Further clarification is needed.
Claim 8 recites in lines 6 and 7 “the first rake surface” and “the second rake surface”, which have insufficient antecedent basis since no “first rake surface” or “second rake surface” have been previously introduced in the claims. Further clarification is needed.
Claim 14 recites the phrase “can be” which renders the claim indefinite as it is unclear if the work piece is actually arranged between the first and second cutting elements or not. Further clarification is needed.
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.
Claim(s) 1-2, 4, 6, 8, 12, 14-15 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Donnelly US 4,223,576 in view of Lindstedt US 5,375,948.
In regards to claim 1, Donnelly discloses a turning tool (10) comprising: a coupling portion (12), wherein the coupling portion (12) extends along a coupling axis (A2), and wherein the coupling axis (A2) defines a longitudinal axis of the turning tool (10); wherein the turning tool (10) comprises; a first cutting element (28) and a second cutting element (24), wherein the first cutting element (28) comprises includes a first cutting edge (apex nose cutting edge disposed between 44 and 46 as in Figure 3), and wherein the second cutting element (24) comprises includes a second nose cutting edge (42) separating and connecting a second forward side and a second rearward side; wherein the first cutting element (4) comprises includes a first top surface (9), and wherein the second cutting element (24) comprises includes a second top surface, characterized in that wherein the first and second cutting elements (28 and 24) intersect an imaginary circle or cylinder (Figure 2) having a center axis (A3) thereof perpendicular to the coupling axis (A2), wherein the first cutting element (28) is inclined in relation to the second cutting element (24) by an inclination angle (in the same way as presented by Applicant, refer to the angle measured around the center axis A3), wherein said inclination angle is measured around the center axis (A3) of the imaginary circle (C1), wherein the second top surface facing in a direction (D) which is perpendicular to or substantially perpendicular to the coupling axis (A2) and perpendicular or substantially perpendicular to the center axis (A3) of the imaginary circle or cylinder (C1).
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Although there is a suggestion in Donnelly that the second cutting element (24) comprises includes a second forward cutting edge and a second rearward cutting edge, this is not explicitly disclosed.
Nevertheless, Lindstedt teaches that it is well known in the art to have a cutting insert comprising a flat nose 18 separating a first cutting edge 36a and a second cutting edge 36b. Such arrangement allows for side cutting when grooving.
Accordingly, it would have been obvious to a person having ordinary skill in the art, at the time Applicant’s invention was filed, to modify Donelly’s second cutting element with a first side cutting edge and second side cutting edge, as taught by Lindstedt for side cutting capabilities.
In regards to claim 2, Donnelly as modified discloses the turning tool according to claim 1, Donnelly as modified also discloses that the first cutting element (28 of Donnelly) comprises includes a first forward cutting edge (Figure 3, one of 44 or 46 of Donnelly) and a first rearward cutting edge (the other one of 44 or 46 of Donnelly); wherein the first cutting edge (apex nose cutting edge disposed between 44 and 46 as in Figure 3 of Donnelly) is a first nose cutting edge and wherein the first nose cutting edge separates and connects the first forward cutting edge and the first rearward cutting edge (see Figure 3 of Donnelly).
In regards to claim 4, Donnelly as modified discloses the turning tool according to claim 1, Donnelly as modified also discloses an intermediate portion (10 of Donnelly), wherein the intermediate portion (10 of Donnelly) comprises includes a concave portion (Figure 3, refer to the arc concave portion 10 of Donnelly), wherein the concave portion is curved around the center axis (A2 of Donnelly) of the imaginary circle or cylinder (C1 of Donnelly), and wherein the first and second cutting elements (24 and 28 of Donnelly) are connected to spaced apart portions along the concave portion (see Figures 1 and 2 of Donnelly).
In regards to claim 6, Donnelly as modified discloses the turning tool according to claim 1, Donnelly as modified also discloses that a first nose angle, defined as an angle between the first forward cutting edge (modified by Lindstedt) and the first rearward cutting edge (modified by Lindstedt), is acute (modified by Lindstedt, see Figure 3 of Lindstedt).
In regards to claim 8, Donnelly as modified discloses the turning tool according to claim 1, Donnelly as modified also discloses that the first cutting element (28 of Donnelly) is in the form of a first turning insert, wherein the second cutting element (24 of Donnelly) is in the form of a second turning insert, wherein the first turning insert (28 of Donnelly) comprises includes a first top surface and an opposite first bottom surface (see Figure 2 of Donnelly) wherein the second turning insert (24 of Donnelly) comprises includes a second top surface and an opposite second bottom surface (see Figure 2 of Donnelly), wherein the first top surface includes the first rake surface, and wherein the second top surface includes the second rake surface (inherently, the top surface of each of the first and second turning inserts act as a rake surface).
In regards to claim 12, Donnelly as modified discloses the turning tool according to claim 1, Donnelly as modified also discloses that the first cutting element and the second cutting element are arranged such that the first cutting element and the second cutting element are arranged (as in Figures 1 and 2 of Donnelly) for turning a metal work piece (22 of Donnelly) rotatable in one direction around a rotational axis thereof (see Figures 1 and 2 of Donnelly), wherein said rotational axis is arranged perpendicular to and intersecting the coupling axis (see Figure 2 of Donnelly).
In regards to claim 14, Donnelly as modified discloses the turning tool according to claim 1, Donnelly as modified also discloses that the turning tool is arranged such that a cylindrical metal work piece (22 of Donnelly) can be arranged between the first cutting element (28 of Donnelly) and the second cutting element (24 of Donnelly), wherein a longitudinal axis (of the metal work piece is between said cutting elements (see Figure 2 of Donnelly).
In regards to claim 15, Donnelly as modified discloses the turning tool according to claim 1, Donnelly as modified also discloses that the coupling portion (12 of Donnelly) is rectangular in a cross section.
In regards to claim 17, Donnelly as modified discloses the turning tool according to claim 1, Donnelly as modified also discloses that a distance from the coupling portion (12 of Donnelly) to the first cutting element (28 of Donnelly) is greater than a distance from the coupling portion (12 of Donnelly) to the second cutting element (24 of Donnelly) (see Figure 2 of Donnelly).
Allowable Subject Matter
Claims 3, 5, 7, 9-11, 13, 16, 18 and 19 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. Reasons for allowance will be provided once the Application is 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