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 1-17 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 14 “the inclination angle is measured around the center axis of the imaginary circle”. However, since line 11 sets forth that there is an “imaginary circle or cylinder”, it is unclear if the inclination angle is measured around the center of the imaginary circle only, or of either one of the imaginary circle or cylinder”. Further clarification is needed.
Claim 1 recites in lines 7 and 8 “a second forward cutting edge” and “a second rearward cutting edge”, however it is unclear in relation to what is this second cutting edge, considered as “forward” and “rearward”. Further clarification is needed.
Claim 2 recites in lines 2-3 “a first forward cutting edge” and “a first rearward cutting edge”, however it is unclear in relation to what is this first cutting edge, considered as “forward” and “rearward”. Further clarification is needed. Lines 4-5 recite that there is “a first forward cutting edge” and “first rearward cutting edge”, however, since lines 2-3 already set forth that there is a first forward cutting edge and a first rearward cutting edge, then it is unclear if the “first forward cutting edge” and the “first rearward cutting edge” of lines 2-3 are the same as the “first forward cutting edge” and the “first rearward cutting edge” of lines 4-5 or not.
Claim 3 recites in line 2 that “the second nose cutting edge is forward of the first cutting edge”. However, it is unclear in relation to what is the second nose cutting edge is forward of the first cutting edge. Further clarification is needed.
Claim 5 recites in line 2 “a forward facing surface”, however it is unclear in relation to what is this surface “forward facing”. In line 3 “the forward direction from the forward facing surface”, there is insufficient antecedent basis for “the forward direction” since no, “forward direction” has been set forth in the claims. Also, it is unclear from where to where is this direction defined at. Further clarification is needed.
Claim 9 recites in lines 2-7 that that the first cutting element is arranged such that “when moving the turning tool in a first direction parallel to the coupling axis the first forward cutting edge forms a first entering angle” and that the second cutting element is arranged such that “when moving the turning tool in a second direction, opposite to the first direction, the second forward cutting edge forms a second entering angle”. However, the conditional term “when” renders the claim indefinite as it is unclear if the phrase directly after the “when” term is actually required or not. What happens when the turning tool is not moved? Further clarification is needed.
Claim 10 recites in lines 2-3 that that the first cutting element is arranged such that “when moving the turning tool in the first direction the first rearward cutting edge forms a first black clearance angle”. However, the conditional term “when” renders the claim indefinite as it is unclear if the phrase directly after the “when” term is actually required or not. What happens when the turning tool is not moved? Further clarification is needed. Additionally, there is insufficient antecedent basis for “the first direction” as no “first direction” has been previously introduced in either claim 10 or claim 1 from which claim 10 directly depends on. Further clarification is needed.
Claim 11 recites in lines 2-3 that that the second cutting element is arranged such that “when moving the turning tool in the second direction the second rearward cutting edge forms a second black clearance angle”. However, the conditional term “when” renders the claim indefinite as it is unclear if the phrase directly after the “when” term is actually required or not. What happens when the turning tool is not moved? Further clarification is needed. Additionally, there is insufficient antecedent basis for “the second direction” as no “second direction” has been previously introduced in either claim 11 or claim 1 from which claim 11 directly depends on. Further clarification is needed.
Claim 12 recites in lines 2-4 that that the first cutting element and the second cutting element are arranged “such that when turning in the first direction, the second nose cutting edge is ahead of the first cutting edge”. However, the conditional term “when” renders the claim indefinite as it is unclear if the phrase directly after the “when” term is actually required or not. What happens when the turning tool is not moved? Further clarification is needed. Additionally, there is insufficient antecedent basis for “the first direction” as no “first direction” has been previously introduced in either claim 12 or claim 1 from which claim 12 directly depends on. Further clarification is needed.
Claim 13 recites in line 3 the phrase “can be” however, it is unclear if the second cutting element is actually being used for turning or not. Further clarification is needed.
Claim 14 recites in lines 2-3 the phrase “can be” however, it is unclear if the cylindrical metal workpiece is actually being arranged between the first and second cutting elements. 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) 1-3-8, 12-13 and 14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by KR 10-2020-0031891 (hereafter—KR’891--).
In regards to claim 1, KR’891 discloses a turning tool (Figures 1-9) comprising: a coupling portion (annotated Figure 4 below), wherein the coupling portion extends along a coupling axis (A2, annotated in Figure 4 below), the coupling axis (A2) defines defining a longitudinal axis of the turning tool, and a first cutting element and a second cutting element (annotated in Figure 4 below), wherein the first cutting element includes a first cutting edge (of cutting insert), wherein the second cutting element comprises includes a second nose cutting edge which separates and connects a second forward cutting edge (see shape of cutting insert) and a second rearward cutting edge; wherein the first cutting element includes a first top surface (where “+” is annotated on Figure 4 below), wherein the second cutting element includes a second top surface (in the same way as presented by Applicant) wherein the first and second cutting elements intersect an imaginary circle or cylinder (C1, annotated in Figure 4 below) having a center axis (A3, annotated in Figure 4 below, as going into the page) thereof parallel to or coinciding with the coupling axis (A2, annotated in Figure 4 below), wherein the first cutting element is inclined in relation to the second cutting element by an inclination angle (w, annotated in Figure 4 below), wherein said inclination angle is measured around the center axis (A3, annotated in Figure 4 below) of the imaginary circle (C1, annotated in Figure 4 below), and wherein the first top surface is facing in a direction which is perpendicular to or substantially perpendicular to the coupling axis (A2 annotated in Figure 4 below).
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In regards to claim 2, KR’891 discloses the turning tool according to claim 1, KR’891 also discloses that the first cutting element includes a first forward cutting edge and a first rearward cutting edge; wherein the first cutting edge is a first nose cutting edge, and wherein the first nose cutting edge separates and connects a first forward cutting edge and a first rearward cutting edge (see annotated “zoomed” portion of Figure 4 below).
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In regards to claim 3, KR’891 discloses the turning tool according to claim 2, KR’891 also discloses that measured along the coupling axis (A2), the second nose cutting edge (6) is forward of the first cutting edge (as in facing away from the page).
In regards to claim 4, KR’891 discloses the turning tool according to claim 2, KR’891 also discloses that a first nose angle (a, in annotated in “zoomed” portion of Figure 4 above), defined as an angle between the first forward cutting edge and the first rearward cutting edge, is acute.
In regards to claim 5, KR’891 discloses the turning tool according to claim 1, KR’891 also discloses that the turning tool includes a forward facing surface (annotated in Figure 4 above), wherein at least two elements (140) protrude in the forward direction from the forward facing surface, wherein a first of said protruding elements (one of 140) includes the first cutting element (see annotated Figure 4, above) and wherein a second of said protruding elements (the other one of 140) comprises includes the second cutting element (annotated in Figure 4 above).
In regards to claim 6, KR’891 discloses the turning tool according to claim 5, KR’891 also discloses that at least two forwardly protruding elements (140) are spaced apart from the coupling axis (A2).
In regards to claim 7, KR’891 discloses the turning tool according to claim 1, KR’891 also discloses that a second nose angle (corresponding to the second cutting element), defined as an angle between the second forward cutting edge and the second rearward cutting edge, is acute.
In regards to claim 8, KR’891 discloses the turning tool according to claim 1, KR’891 also discloses that the first cutting element is in the form of a first turning insert, wherein the second cutting element is in the form of a second turning insert, wherein the first turning insert comprises includes the first top surface and an opposite first bottom surface (abutting against pocket of 140), wherein the second turning insert includes the second top surface (not shown but, inherently and an opposite second bottom surface, wherein the first top surface includes the first rake surface, and wherein the second top surface includes the second rake surface (in annotated in “zoomed” portion of Figure 4 above).
In regards to claim 12, KR’891 discloses the turning tool according to claim 1, KR’891 also discloses that the first cutting element and the second cutting element are arranged such that when turning in the first direction, the second nose cutting edge is ahead of the first cutting edge (as presented by Applicant).
In regards to claim 13, KR’891 discloses the turning tool according to claim 1, KR’891 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 can be used for turning a metal work piece rotatable in one direction around a rotational axis thereof, wherein said rotational axis (along and coinciding with A3) is arranged perpendicular to and intersecting the coupling axis (A2).
In regards to claim 14, KR’891 discloses the turning tool according to claim 1, KR’891 also discloses that the turning tool is arranged such that a cylindrical metal work piece can be arranged between the first cutting element and the second cutting element, wherein a longitudinal axis (along and coinciding with A3) of the metal work piece is between said cutting elements.
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) 9-11 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over KR 10-2020-0031891 (hereafter—KR’891--) as applied to claim 1 above.
In regards to claims 9-11, KR’891 discloses the turning tool according to claim 1, KR’891 also discloses that the first cutting element is arranged such that it is capable of when moving the turning tool in a first direction parallel to the coupling axis the first forward cutting edge forms a first entering angle and the first rearward cutting edge forms a first back clearance angle and wherein the second cutting element is arranged such that it is capable of when moving the turning tool in a second direction, opposite to the first direction, the second forward cutting edge forms a second entering angle and the second rearward cutting edge forms a second back clearance angle.
However, KR’891 fails to disclose that the first entering angle is of 3 - 45°; the first back clearance angle is of 93° - 135°; the second entering angle of 3° - 45° and the second back clearance angle is of 93° - 135°.
Nevertheless, since KR’891 does, however, disclose that the first cutting element is arranged such when moving the turning tool in a first direction parallel to the coupling axis the first forward cutting edge forms a first entering angle and the first rearward cutting edge forms a first back clearance angle and that the second cutting element is arranged such that when moving the turning tool in a second direction, opposite to the first direction, the second forward cutting edge forms a second entering angle and the second rearward cutting edge forms a second back clearance angle; the values of each of the first and second entering angles and first and second back clearance angles constitute a defined angle of the cutting tool and cutting insert.
Therefore, the values of each of the first and second entering angles and first and second back clearance angles are recognized as a result-effective variable, i.e. a variable which achieves a recognized result. In this case, the recognized result is that these angles will depend on the type of material being machined and type of machining being performed. Therefore, since the general conditions of the claim, i.e. that the cutting tool is made up of a defined value of each of the first and second entering angles and first and second back clearance angles, were disclosed in the prior art by KR’891, 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 KR’891’s first and second entering angles and first and second back clearance angles to be within a desired range such as the first entering angle be of 3 - 45°; the first back clearance angle be of 93° - 135°; the second entering angle be of 3° - 45° and the second back clearance angle be of 93° - 135°. In re Aller, 105 USPQ 233.
In regards to claim 15, KR’891 discloses the turning tool according to claim 1, KR’891 also discloses that the shape of the coupling portion is circular in a cross section.
However, KR’891 fails to disclose that the shape of coupling portion is square or rectangular in a cross section or a conical or substantially conical portion. Nevertheless, it has been held that absent persuasive evidence that the particular configuration of a device (in the instant case, the square or rectangular or conical or substantially cross section shape of the coupling portion) are significant, then to change the shape of the device (in the instant case, the corners) would be a matter of choice of a person having ordinary skill in the art (refer to MPEP2144.04-IV-A).
Allowable Subject Matter
Claims 16 and 17 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
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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/NICOLE N RAMOS/Primary Examiner, Art Unit 3722