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 5, 8-11 and 12 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 5, recites in line 2 “the first forward cutting edge”, however there is insufficient antecedent basis for “the first forward cutting edge” since no “first forward cutting edge” has been previously introduced in either claim 5 or claim 1, from which claim 5 directly depends on. Further clarification is needed.
Claim 8, recites in line 2 “the first nose cutting edge”, however there is insufficient antecedent basis for “the first nose cutting edge” since no “first nose cutting edge” has been previously introduced in either claim 8 or claim 1, from which claim 8 directly depends on. Further clarification is needed.
Claim 9, recites in line 2 “the first nose cutting edge”, however there is insufficient antecedent basis for “the first nose cutting edge” since no “first nose cutting edge” has been previously introduced in either claim 9 or claim 1, from which claim 9 directly depends on. Further clarification is needed.
Claim 10, recites in line 4 “the first nose cutting edge”, however there is insufficient antecedent basis for “the first nose cutting edge” since no “first nose cutting edge” has been previously introduced in either claim 9 or claim 1, from which claim 9 directly depends on. Further clarification is needed.
Claim 11, recites in lines 1-2 that the first turning insert includes “a first top surface”. However, since the first turning insert is the first cutting element, in accordance to claims 1 and 10, from which claim 11 directly depends on, and the first cutting element already has a first top surface (line 9 of claim 1), then it is unclear if these first top surfaces are the same or not. Further clarification is needed.
Similarly, claim 11, recites in lines 4-5 that the second turning insert includes “a second top surface”. However, since the second turning insert is the second cutting element, in accordance to claims 1 and 10, from which claim 11 directly depends on, and the second cutting element already has a second top surface (line 10 of claim 1), then it is unclear if these second top surfaces are the same or not. 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) 1-2, 5-13 and 14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by WO 2004/022288 (hereafter—WO’288--).
In regards to claim 1, WO’288 discloses (Figs 1-24) a turning tool (20) comprising a coupling portion (22), wherein the coupling portion (22) extends along a coupling axis (L), the coupling axis (L) defining a longitudinal axis of the turning tool (20), and a first cutting element (one of 40a-f) and a second cutting element (another one of 40a-f), wherein the first cutting element (one of 40a-f) includes a first cutting edge; wherein the second cutting element (another one of 40a-f) includes a second nose cutting edge separating and connecting a second forward cutting edge and a second rearward cutting edge; wherein the first cutting element (one of 40a-f) includes a first top surface, wherein the second cutting element (another one of 40a-f) includes a second top surface, and wherein in the first top surface and the second top surface are facing in a same or substantially the same direction (as in for example, Figure 1, note that the top surfaces of each of inserts 40a-f are facing the same direction along axis x).
In regards to claim 2, WO’288 discloses the turning tool (20) according to claim 1, WO’288 also discloses that the first cutting element (one of 40a-f) includes a first forward cutting edge (Figure 4 for example, refer to the first cutting edge of insert 40f, which is forward in a feed direction along axis LW) and a first rearward cutting edge (Figure 4 for example, refer to the first cutting edge of insert 40f, which is rearward in a feed direction along axis LW); wherein the first cutting edge is in the form of a first nose cutting edge (refer to the nose portion of the cutting edge, as in for example, shown in inserts of Figure 4), and wherein the first nose cutting edge separates and connects the first forward cutting edge and the first rearward cutting edge (see Figure 4).
In regards to claim 5, WO’288 discloses the turning tool (20) according to claim 1, WO’288 also discloses that a distance (taken in a direction along a LW axial direction in Figures 3-4) from the first forward cutting edge (of insert 40f in Figures 3-4) to the second forward cutting edge (of insert 40d in Figures 3-4) is shorter than a distance (taken in a direction along a LW axial direction in Figures 3-4) from the first forward cutting edge (of insert 40f in Figures 3-4) to the second rearward cutting edge (of insert 40d in Figures 3-4).
In regards to claim 6, WO’288 discloses the turning tool (20) according to claim 2, WO’288 also discloses that a first nose angle, defined as an angle between the first forward cutting edge (of insert 40f) and the first rearward cutting edge (of insert 40f), is acute (as the insert is an equilateral triangle, meaning that the angle between each cutting edges, is 60 degrees).
In regards to claim 7, WO’288 discloses the turning tool (20) according to claim 1, WO’288 also discloses that a second nose angle, defined as an angle between the second forward cutting edge (of insert 40f) and the second rearward cutting edge (of insert 40f), is acute (as the insert is an equilateral triangle, meaning that the angle between each cutting edges, is 60 degrees).
In regards to claim 8, WO’288 discloses the turning tool (20) according to claim 1, WO’288 also discloses that the first nose cutting edge and the second nose cutting edge are longitudinally at equal or substantially equal distances (see Figure 25 and note that the nose cutting edges of each of the first and second inserts are substantially at equal distances).
In regards to claim 9, WO’288 discloses the turning tool (20) according to claim 1, WO’288 also discloses that the first nose cutting edge (of 40a as in Figure 15) is a longitudinally most distal part of the turning tool (20).
In regards to claim 10, WO’288 discloses the turning tool (20) according to claim 1, WO’288 also discloses that the first cutting element (one of 40a-f) is in the form of a first turning insert (for example, 40f), wherein the second cutting element (another one of 40a-f) is in the form of a second turning insert (for example, 40d or 40c), wherein the first turning insert (40f) includes the first nose cutting edge, wherein the second turning insert (40d or 40c) includes the second nose cutting edge, the second forward cutting edge and the second rearward cutting edge (see Figures 1-4).
In regards to claim 11, WO’288 discloses the turning tool (20) according to claim 10, WO’288 also discloses that the first turning insert (40f) comprises includes a first top surface and an opposite first bottom surface, wherein a first mid-plane extends substantially mid-way between the first top surface and the first bottom surface, wherein the second turning insert (40c) comprises includes a second top surface and an opposite second bottom surface, wherein a second mid-plane extends substantially mid-way between the second top surface and the second bottom surface, and wherein the first mid-plane and the second mid-plane extends in parallel or substantially parallel planes (see Figure 2 and note that each of the mid-planes of inserts 40c and 40f, extend in a direction substantially perpendicular to the axis L, in such a was so that each extend parallel or substantially parallel planes to each other).
In regards to claim 12, WO’288 discloses the turning tool (20) according to claim 10, WO’288 also discloses that in a top view (viewed from Figure 3), the first turning insert (40f) and the second turning insert (40c) partially overlap (as turning insert 40c, is disposed axially behind insert 40d, then insert 40c, partially overlaps insert 40f, in a radial direction (left-right) of Figure 3).
In regards to claim 13, WO’288 discloses the turning tool (20) according to claim 1, WO’288 also discloses that the turning tool (20) comprises includes a third cutting element (another one of 40a-f).
In regards to claim 14, WO’288 discloses the turning tool (20) according to claim 1, WO’288 also discloses that the coupling portion (22) is square or rectangular in a cross section.
Claim(s) 1-3, 6-7, 9-11, 13 and 14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Stjernstedt EP 3 536 425 A1.
In regards to claim 1, Stjernstedt discloses (Figs 17-20, 32-34) a turning tool (1) comprising a coupling portion (4), wherein the coupling portion (4) extends along a coupling axis (A1), the coupling axis defining a longitudinal axis (A1) of the turning tool (1), and a first cutting element (one of 2, 29 or 30) and a second cutting element (another one of 2, 29 or 30), wherein the first cutting element (one of 2, 29 or 30) includes a first cutting edge; wherein the second cutting element (another one of 2, 29 or 30) includes a second nose cutting edge separating and connecting a second forward cutting edge and a second rearward cutting edge; wherein the first cutting element (one of 2, 29 or 30) includes a first top surface, wherein the second cutting element (another one of 2, 29 or 30) includes a second top surface, and wherein in the first top surface and the second top surface are facing in a same or substantially the same direction (as in for example, Figures 19 and 20, note that the top surfaces of each of inserts 2, 29 and 30 are facing the same direction along axis A1).
In regards to claim 2, Stjernstedt discloses the turning tool (1) according to claim 1, Stjernstedt also discloses that the first cutting element (2) includes a first forward cutting edge (11;11’, which is forward in a feed direction along 32/36 as in Figure 21) and a first rearward cutting edge (12;12’, which is rearward in a feed direction along32/36); wherein the first cutting edge is in the form of a first nose cutting edge (10;10’), and wherein the first nose cutting edge separates and connects the first forward cutting edge and the first rearward cutting edge (see Figure 21).
In regards to claim 3, Stjernstedt discloses the turning tool (1) according to claim 2, Stjernstedt also discloses that in a top view (as seen from Figure 20), a first bisector between the first forward cutting edge (11/11’) and the first rearward cutting edge (12/12’) forms an angle 90° in relation to a second bisector between the second forward cutting edge (one of 12 or 11 of insert 29, shown in Figures 13-16) and the second rearward cutting edge (the other one of 12 or 11 of insert 29, shown in Figures 13-16).
In regards to claim 6, Stjernstedt discloses the turning tool (1) according to claim 2, Stjernstedt also discloses that a first nose angle, defined as an angle between the first forward cutting edge and the first rearward cutting edge, is acute (see col 4, lines 44-46).
In regards to claim 7, Stjernstedt discloses the turning tool (1) according to claim 1, Stjernstedt also discloses that a second nose angle, defined as an angle between the second forward cutting edge and the second rearward cutting edge, is acute (see col 4, lines 44-46).
In regards to claim 9, Stjernstedt discloses the turning tool (1) according to claim 1, Stjernstedt also discloses that the first nose cutting edge (of 2 as in Figure 18 and 19) is a longitudinally most distal part of the turning tool (1).
In regards to claim 10, Stjernstedt discloses the turning tool (1) according to claim 1, Stjernstedt also discloses that the first cutting element (one of 2, 29 or 30) is in the form of a first turning insert (for example, 2), wherein the second cutting element (another one of 2, 29 or 30) is in the form of a second turning insert (for example, 29 or 30), wherein the first turning insert (2) includes the first nose cutting edge, wherein the second turning insert (29 or 30) includes the second nose cutting edge, the second forward cutting edge and the second rearward cutting edge (see Figure 20).
In regards to claim 11, Stjernstedt discloses the turning tool (1) according to claim 10, Stjernstedt also discloses that the first turning insert (2) comprises includes a first top surface and an opposite first bottom surface, wherein a first mid-plane extends substantially mid-way between the first top surface and the first bottom surface, wherein the second turning insert (20 or 30) comprises includes a second top surface and an opposite second bottom surface, wherein a second mid-plane extends substantially mid-way between the second top surface and the second bottom surface, and wherein the first mid-plane and the second mid-plane extends in parallel or substantially parallel planes (see Figures 17 and 18 and note that each of the mid-planes of inserts 2 and one of 29 or 30, extend parallel or substantially parallel planes to each other).
In regards to claim 13, Stjernstedt discloses the turning tool (1) according to claim 1, Stjernstedt also discloses that the turning tool (1) comprises includes a third cutting element (another one of 2, 29 or 30).
In regards to claim 14, Stjernstedt discloses the turning tool (1) according to claim 1, Stjernstedt also discloses that the coupling portion (4) is conical or substantially conical in a cross section (see col 3, lines 19-20).
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) 4, 15 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Stjernstedt EP 3 536 425 A1 as applied to claim 1 above.
In regards to claim 4, Stjernstedt discloses the turning tool (1) according to claim 2, Stjernstedt also discloses that in a top view, the first rearward cutting edge (11/11’) and the second rearward cutting edge (12/12’) forms an angle of less than 90°; 15°-85°; 20°-40° (see column 4, lines 44-46).
However, Stjernstedt fails to disclose that the angle ranges from 6°-20°.
Since Stjernstedt does, however, disclose that the first rearward cutting edge (11/11’) and the second rearward cutting edge (12/12’) forms an angle of less than 90°; 15°-85°; 20°-40° (see column 4, lines 44-46); the value of this angle constitutes a defined value of the cutting insert. Therefore, the value of this angle is recognized as a result-effective variable, i.e. a variable which achieves a recognized result. In this case, the recognized result is that the angle will depend on operational parameter such as type of cutting (e.g. smaller angles are more suited for finishing while larger angles are more for roughing). Therefore, since the general conditions of the claim, i.e. that the cutting insert is made up of a defined angle between the first and second rearward cutting edges, were disclosed in the prior art by Stjernstedt, it is not inventive to discover the optimum workable range by routine experimentation, and it would have been obvious to one of ordinary skill in the art at the time of the invention was filed to provide Stjernstedt’s angle within a desired range such as in between 6°-20°. In re Aller, 105 USPQ 233.
In regards to claim 15, Stjernstedt discloses the turning tool (1) according to claim 1, Stjernstedt also discloses a turning method for a CNC-lathe (see abstract), comprising the steps of: providing a metal work piece (31); providing the turning tool (1); rotating the metal work piece (31) in one direction around a rotational axis (R2) thereof; turning in a first direction (Figure 32 and 34) such that the first nose cutting edge (of 2) is in cut; moving the turning tool (1) in a direction such that the first nose cutting edge (of 2) is moved away from the metal work piece (31) and such that the second nose cutting edge (of 29) is moved towards the metal work piece (31) (Figure 33); and moving the turning tool (1) in a second direction such that the second forward cutting edge (of 29) is active at a second entering angle which is less than or equal to 90°; preferably 5°-85°, wherein the second direction is in the opposite direction or substantially opposite direction to the first direction.
However, Stjernstedt fails to disclose that the entering angle ranges from 5° -45°.
Since Stjernstedt does, however, disclose that the entering angle is less than or equal to 90°; preferably 5°-85° col 9, lines 31-32; the value of this angle constitutes a defined value of the cutting tool and method of turning. Therefore, the value of this angle is recognized as a result-effective variable, i.e. a variable which achieves a recognized result. In this case, the recognized result is that the angle will depend on operational parameter such as the type of workpiece being machined and to improve tool life and/or chip control (col 2, line 37-41). Therefore, since the general conditions of the claim, i.e. that the cutting tool and turning method is made up of a defined entering angle, were disclosed in the prior art by Stjernstedt, it is not inventive to discover the optimum workable range by routine experimentation, and it would have been obvious to one of ordinary skill in the art at the time of the invention was filed to provide Stjernstedt’s turning method with an entering angle within a desired range such as from 5° -45°. In re Aller, 105 USPQ 233.
In regards to claim 16, Stjernstedt discloses a computer program having instructions, which when executed by a CNC-lathe, causes the CNC-lathe to perform the steps according to claim 15 (see col 16, lines 20-34).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
EP 0 162 029 teaches that a smaller nose angle and is therefore more suited for finishing while larger nose angles are used for roughing.
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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/NICOLE N RAMOS/Primary Examiner, Art Unit 3722