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 1-28 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 the limitation "the clamping jaw" in line 20 of the claim. There is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 103
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 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) 1-28 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hansson et al. (US 2002/0054792 A1), in view of Hecht (US 2014/0234040 A1).
Re Claim 1, Hansson discloses a tool body (23) having a body central axis defining opposite forward to rearward directions, the tool body (23) comprising: two body side surfaces (not labeled, see figures 7 and 8 and the figure below) and a body peripheral surface (not labeled, see figures 7 and 8 and the figure below) extending therebetween, the body peripheral surface including a body forward end surface (not labeled, see figures 7 and 8 and the figure below) at a forward end of the tool body (23), the body peripheral surface extending circumferentially along a body lateral axis which is perpendicular to, and intersects, the body central axis; spaced apart base and clamping jaws (not labeled, see figures 7 and 8 and the figure below) connected by a jaw connecting bridge (not labeled, see figures 7 and 8 and the figure below); a clamping recess (24) recessed in the body peripheral surface and opening out to the two body side surfaces, the clamping recess (24) comprising: an insert receiving pocket (not labeled, see figures 7 and 8 and the figure below) extending along a pocket axis defining opposite outward and inward directions, the insert receiving pocket having a pocket opening which opens out to the body forward end surface in the outward direction along the pocket axis, the insert receiving pocket being defined, at least partially, by a pocket base and clamping surfaces (25, 26) formed on the pocket base and clamping jaws, respectively; a keyhole portion (28, 29) configured designed to receive a prong (16, 13) of a key; and the clamping recess (24) comprises an innermost clamping recess point (not labeled, see figures 7 and 8 and the figure below) (Pars. 0031-0038; Figs. 1-10). Hansson does not disclose a clamping flexibility recess extending from the insert receiving pocket and terminating at a recess termination portion, the clamping flexibility recess comprising a keyhole portion configured designed to receive a prong of a key; a lower clamping jaw comprises a flexible overhanging clamping portion and a fixed clamping portion connected by a hinge clamping portion, the hinge clamping portion being adjacent the body forward end surface; the flexible overhanging clamping portion is delimited by the insert receiving pocket and the clamping flexibility recess; the flexible overhanging clamping portion comprises opposite free and fixed ends, the fixed end being closer to the pocket opening than the free end; and the clamping recess comprises an innermost clamping recess point which is located at the clamping flexibility recess.
Hecht discloses a tool body (102) having a body central axis defining opposite forward to rearward directions, the tool body (102) comprising: two body side surfaces (106) and a body peripheral surface (not labeled, see figures 1-4) extending therebetween, the body peripheral surface including a body forward end surface (108) at a forward end of the tool body (102), the body peripheral surface extending circumferentially along a body lateral axis (AH1) which is perpendicular to, and intersects, the body central axis; spaced apart base and clamping jaws (112, 114) connected by a jaw connecting bridge; a clamping recess (110) recessed in the body peripheral surface and opening out to the two body side surfaces (106), the clamping recess (110) comprising: an insert receiving pocket (not labeled, the opening in the tool body near numeral 110) extending along a pocket axis (S) defining opposite outward and inward directions (DF, DR), the insert receiving pocket having a pocket opening which opens out to the body forward end surface (108) in the outward direction (DF) along the pocket axis (S), the insert receiving pocket being defined, at least partially, by pocket base and clamping surfaces (115, 118) formed on the base and clamping jaws (112, 114), respectively; a clamping flexibility recess (159) extending from the insert receiving pocket and terminating at a recess termination portion; a lower clamping jaw (116) comprises a flexible overhanging clamping portion (161) and a fixed clamping portion (opposite end of member 161) connected by a hinge clamping portion, the hinge clamping portion being adjacent the body forward end surface (108); the flexible overhanging clamping portion (161) is delimited by the insert receiving pocket and the clamping flexibility recess (159); the flexible overhanging clamping portion (161) comprises opposite free and fixed ends, the fixed end being closer to the pocket opening than the free end; and the clamping recess (S) comprises an innermost clamping recess point (150) which is located at the clamping flexibility recess (159) (Pars. 0051-0054, Figs. 1-4). It would have been obvious to one of ordinary skill in the art to modify the invention of Hansson by providing a clamping flexibility recess as disclosed by Hecht, thus providing a clamping flexibility recess comprising a keyhole portion configured designed to receive a prong of a key; for the benefit of more easily inserting and removing a cutting insert.
Re Claims 2 and 3, the combination as applied to claim 1 remains as previously applied. The combination discloses the clamping flexibility recess (159) comprises: a major clamping flexibility recess (not labeled, see figure 4 near numeral 159); and a minor clamping flexibility recess (158); the flexible overhanging clamping portion (161) is delimited on one side by the major clamping flexibility recess and on an opposite side by the insert receiving pocket (See figure 4) and the minor clamping flexibility recess (158) (See Hecht, Pars. 0051-0054, Figs. 1-4); and the keyhole portion (28, 29) is located entirely in the minor clamping flexibility recess (See Hansson, Fig. 7). The Examiner is of the opinion that based on the aforementioned combination the keyhole will be located entirely in the minor clamping recess.
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Re Claim 4, the combination as applied to claim 1 remains as previously applied. The combination discloses the keyhole portion (28, 29) is spaced apart from the major clamping flexibility recess (161) (See figure 7 of Hansson and Figure 4 of Hecht).
Re Claim 5, the combination as applied to claim 1 remains as previously applied. Hansson discloses the keyhole portion (28, 29) is spaced apart from the insert receiving pocket (See figure 7 and the figure above).
Re Claim 6, the combination as applied to claim 1 remains as previously applied. The combination discloses the flexible overhanging clamping portion (161) is resiliently displaceable about the hinge clamping portion towards the fixed clamping portion along a jaw opening direction (see Hecht, Figure 4).
Re Claims 7 and 8, the combination as applied to claim 1 remains as previously applied. Hansson discloses the keyhole portion (28, 29) comprises keyhole bearing and biasing surfaces (27), the keyhole bearing surface (27) being located on the jaw connecting bridge (See figure 7 and the figure above); and the keyhole biasing surface (27) is located on the flexible overhanging clamping portion (161). Based on the aforementioned combination the Examiner is of the opinion that the modified invention of Hansson will include the keyhole biasing surface (27) located on the flexible overhanging clamping portion.
Re Claim 9, the combination as applied to claim 1 remains as previously applied. The combination discloses the clamping flexibility recess (159) comprises a recess slit portion (See Hecht, figure 4) merging with the keyhole portion (28, 29) and the recess terminating portion. Based on the aforementioned combination the Examiner is of the opinion that the modified invention of Hansson will include the clamping flexibility recess (159) comprises a recess slit portion merging with the keyhole portion and the recess terminating portion. The combination does not explicitly disclose in a side view of the tool body, the recess slit portion is narrower than the keyhole portion. It would have been an obvious matter of design choice to one of ordinary skill in the art to provide a recess slit portion that is narrower than the keyhole portion because Applicant has not disclosed that utilizing a recess slit portion that is narrower than the keyhole portion provides an advantage, is used for a particular purpose or solves a stated problem. Further, one of ordinary skill in the art would have expected Applicant’s invention to perform equally well with either recess slit portion because both perform the same function of forming an overhanging clamping portion. Therefore, it would have been an obvious matter of design choice to modify the invention of the combination to obtain the invention as specified in claim 9.
Re Claim 10, the combination as applied to claim 9 remains as previously applied. The combination does not explicitly disclose in a side view of the tool body, the recess slit portion is narrower than the recess termination portion. It would have been an obvious matter of design choice to one of ordinary skill in the art to provide a recess slit portion that is narrower than the recess termination portion because Applicant has not disclosed that utilizing a recess slit portion that is narrower than the recess termination portion provides an advantage, is used for a particular purpose or solves a stated problem. Further, one of ordinary skill in the art would have expected Applicant’s invention to perform equally well with either recess slit portion because both perform the same function of forming an overhanging clamping portion. Therefore, it would have been an obvious matter of design choice to modify the invention of the combination to obtain the invention as specified in claim 10.
Re Claim 11, the combination as applied to claim 1 remains as previously applied. The combination discloses the pocket base and clamping surfaces (115, 118) comprise a pocket base abutment surface (115, the portion of the clamping surface 115 closest to numeral 150, see Hecht, figure 4) and at least one pocket clamping abutment surface (118, the portion of the clamping surface 115 closest to numeral 121, see Hecht, figure 4), respectively, for clamping engagement with corresponding surfaces on a cutting insert (104), the at least one pocket clamping abutment surface (115) being located on the flexible overhanging clamping portion (112) and on the hinge clamping portion (See Hecht, figure 4).
Re Claim 12, the combination as applied to claim 11 remains as previously applied. The combination discloses the pocket clamping surface (118) comprises two raised pocket clamping abutment surfaces (not labeled, see Hecht figure 4) spaced apart from one another along the pocket axis (S); and one of the two pocket clamping abutment surfaces (118) is located on the flexible overhanging clamping portion (161) and the other one of the two pocket clamping abutment surfaces (118) is located on the hinge clamping portion (See Hecht, figure 4).
Re Claim 13, the combination as applied to claim 1 remains as previously applied. The combination discloses the insert receiving pocket comprises an outward facing pocket stopper surface (150), for positioning a cutting insert (104) in a predetermined position along the pocket axis (S) (See Hecht, Par. 0060, Figs. 1-4).
Re Claim 14, the combination as applied to claim 13 remains as previously applied. The combination discloses the flexible overhanging clamping portion (161) comprises an innermost overhanging clamping portion point (not labeled, see Hecht figure 4 near numeral 118). The combination does not explicitly disclose the innermost overhanging clamping portion point is located further inward along the pocket axis than the pocket stopper surface. It would have been an obvious matter of design choice to one of ordinary skill in the art to provide the innermost overhanging clamping portion point further inward along the pocket axis than the pocket stopper surface because Applicant has not disclosed that utilizing said configuration provides an advantage, is used for a particular purpose or solves a stated problem. Further, one of ordinary skill in the art would have expected Applicant’s invention to perform equally well with either innermost overhanging clamping portion point because both perform the same function of forming the overhanging clamping portion. Therefore, it would have been an obvious matter of design choice to modify the invention of the combination to obtain the invention as specified in claim 14.
Re Claim 15, the combination as applied to claim 13 remains as previously applied. The combination discloses the pocket stopper surface (150) is located on the jaw connecting bridge and is intersected by the pocket axis (S) (See Hecht, figure 4).
Re Claim 16, the combination as applied to claim 15 remains as previously applied. The combination discloses clamping flexibility recess (159) extends from the insert receiving pocket between the pocket stopper surface (150) and the pocket clamping surface (118) (See Hecht, figure 4).
Re Claim 17, the combination as applied to claim 15 remains as previously applied. The combination discloses the keyhole biasing surface (27) is located on the free end of the flexible overhanging clamping portion (161). Based on the aforementioned combination the Examiner is of the opinion that the modified invention of Hansson will include the keyhole biasing surface (27) located on the free end of the flexible overhanging clamping portion.
Re Claim 18, the combination as applied to claim 15 remains as previously applied. The combination discloses the clamping flexibility recess (159) comprises: a major clamping flexibility recess (not labeled, see figure 4 near numeral 159); and a minor clamping flexibility recess (158); the flexible overhanging clamping portion (161) is delimited on one side by the major clamping flexibility recess (See Hecht, figure 4), and on another side by the insert receiving pocket and the minor clamping flexibility recess (158); and the keyhole portion (28, 29) is located at least in the minor clamping flexibility recess (158); the insert receiving pocket comprises a pocket median plane containing the pocket axis (S) and extending between the pocket base and clamping surfaces (115, 118), the pocket median plane being parallel to the body lateral axis (AH); and the minor and major clamping flexibility recesses are both located on a common, second plane side of the pocket median plane (See Hecht, figure 4).
Re Claim 19, the combination as applied to claim 18 remains as previously applied. The combination discloses the clamping recess (110) comprises an insert clearance gap (not labeled, see Hecht figure 4 near numerals 150 and 118 ) merging with the insert receiving pocket between the pocket stopper surface (150) and the pocket base surface (115); and the insert clearance gap is located on an opposite, first plane side of the pocket median plane (See Hecht, figure 4).
Re Claim 20, the combination as applied to claim 1 remains as previously applied. The combination discloses the clamping flexibility recess (159) comprises an outermost clamping flexibility recess point (not labeled, see Hecht near numerals 161 and 121), along the pocket axis (S) and a midpoint (122) of the pocket clamping surface (118) being located half-way along the length of the pocket clamping surface (118) in a direction along the pocket axis (S) (See Hecht, figure 4). The combination does not explicitly disclose the outermost clamping flexibility recess point is located further outward than a mid-point of the pocket clamping surface.
It would have been an obvious matter of design choice to one of ordinary skill in the art to provide the outermost clamping flexibility recess point is located further outward than a mid-point of the pocket clamping surface because Applicant has not disclosed that utilizing said configuration provides an advantage, is used for a particular purpose or solves a stated problem. Further, one of ordinary skill in the art would have expected Applicant’s invention to perform equally well with outermost clamping flexibility recess point because both perform the same function of forming the overhanging clamping portion. Therefore, it would have been an obvious matter of design choice to modify the invention of the combination to obtain the invention as specified in claim 20.
Re Claim 21, the combination as applied to claim 20 remains as previously applied. The combination discloses the base jaw (112) comprises an outermost base jaw point (140); and the outermost clamping flexibility recess point is located further inward along the pocket axis (S) than the outermost base jaw point (140) (See Hecht, figure 4).
Re Claim 22, the combination as applied to claim 1 remains as previously applied. The combination discloses the base jaw (112) is rigid (see Hecht, Par. 0068). The examiner construes the base jaw (112) to be rigid as the overhanging clamping portion is resiliently biased and the base jaw (112) is not.
Re Claim 23, the combination as applied to claim 1 remains as previously applied. The combination discloses the clamping jaw (114) is devoid of a through hole opening out to the two body side surfaces (106) and spaced apart from the clamping recess (110) (see Hecht, figure 4).
Re Claim 24, the combination as applied to claim 1 remains as previously applied. The combination discloses the base jaw (112) is shorter than the clamping jaw (114) in the outward direction (DF) along the pocket axis (S) (See Hecht, figure 4).
Re Claim 25, the combination as applied to claim 1 remains as previously applied. The combination discloses a cutting insert (104), releasably and resiliently clamped in the insert receiving pocket between the base and clamping jaws (112, 114) (See Hecht, Par. 0068).
Re Claim 26, the combination as applied to claim 25 remains as previously applied. The combination discloses the cutting insert (104) is longitudinally elongated in a direction defining an insert central axis (B) and comprises: opposite first and second insert end surfaces (148) and an insert peripheral surface (130) extending therebetween, the insert peripheral surface (130) extending circumferentially about the insert central axis (B) and comprising opposite insert upper and lower surfaces (126, 128) and two opposite insert side surfaces (134) which all connect the first and second insert end surfaces (148); and a cutting edge (132) formed at the intersection of the insert upper surface (126) and the first insert end surface (148a); the insert lower surface (128) comprises at least one insert lower abutment surface (not labeled, see Hecht, figures 2 and 3); the insert upper surface (126) comprises an insert upper abutment surface (not labeled, see Hecht, figures 2 and 3) which mutually faces away from the at least one insert lower abutment surface; and the second insert end surface (148) comprises an insert stopper surface (See Hecht, Pars. 0055 and 0056, Figs. 1-3).
Re Claim 27, the combination as applied to claim 26 remains as previously applied. The combination discloses the pocket base and clamping surfaces (115, 118) comprise a pocket base abutment surface (not labeled, see Hecht, figure 4 near numerals 115 and 121) and at least one pocket clamping abutment surface (not labeled, see Hecht, figures 3 and 4 near numerals 118 and 136), respectively, for clamping engagement with corresponding surfaces on the cutting insert (104), the at least one pocket clamping abutment surface being located on the flexible overhanging clamping portion (161) and on the hinge clamping portion; the at least one pocket clamping abutment surface abuts the at least one insert lower abutment surface; and the pocket base abutment surface abuts the insert upper abutment surface (See Hecht, Pars. 0055 and 0056, Figs. 1-3).
Re Claim 28, the combination as applied to claim 26 remains as previously applied. The combination discloses the insert receiving pocket comprises an outward facing pocket stopper surface (150), for positioning the cutting insert (104) in a predetermined position along the pocket axis (S); and the pocket stopper surface (150) abuts the insert stopper surface (See Hecht, Pars. 0055 and 0056, Figs. 1-3).
Conclusion
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/BAYAN SALONE/Primary Examiner, Art Unit 3726