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 Objections
Claims 4-14 are objected to under 37 CFR 1.75(c) as being in improper form because a multiple dependent claim should refer to other claims in the alternative only--, and/or, --cannot depend from any other multiple dependent claim. See MPEP § 608.01(n). Accordingly, the claims have not been further treated on the merits.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 Mitsubishi Metal Corp. (JP S61151804, herein referenced by the English Machine Translation).
Re Claim 1, Mitsubishi discloses a cutting insert 21 having a multi-stage columnar shape with an insert central axis as a center, the cutting insert 21 comprising: a head portion 2 having a circular cutting edge with the insert central axis as a center; a shaft portion 5 disposed on a lower side of the head portion in an insert axial direction along the insert central axis and having a smaller outer diameter dimension than the head portion; a step portion (not labeled, the region joining the head 2 and the shaft 5; see figures 2 and 8) configured to connect the head portion 2 and the shaft portion 5; and an index portion 22 disposed over a part of the step portion and a part of the head portion 2 and recessed inward in an insert radial direction orthogonal to the insert central axis from an outer peripheral surface of each of the step portion and the head portion 2, a plurality of the index portions 22 are arranged in an insert circumferential direction around the insert central axis, and each of the index portions 22 has a planar alignment surface facing outward in the insert radial direction (Page 1, Par. 2-Page 3, Par. 1, Figs. 1-20).
Re Claim 2, Mitsubishi discloses a dimension of the alignment surface in the insert circumferential direction is larger than a dimension of the alignment surface in the insert axial direction (See figures 2, 8, 10 and 12).
Re Claim 3, Mitsubishi discloses the alignment surface has a maximum perimeter portion with a largest dimension in the insert circumferential direction, and a position of the maximum perimeter portion in the insert axial direction is the same as a position of a boundary portion between the head portion 2 and the step portion in the insert axial direction (See figures 2, 8, 10 and 12).
Conclusion
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/BAYAN SALONE/Primary Examiner, Art Unit 3726
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