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 2. 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. Claim 3 is 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. A) Applicant recites “the jutting end is formed as a conical surface” in claim 3. From a review of the specification and drawings, the jutting end 44 does not appear to be a fully conical surface since it does not form a full cone shape . The recited limitation therefore appears to be an inaccurate description of applicant’s claimed invention. For the purpose of examination, it is interpreted as if applicant is intending to describe having a partial cone/ curved surface. 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) FILLIN "Insert the claim numbers which are under rejection." \d "[ 1 ]" 1-8 is/are rejected , as best understood in view of the above 112 rejection, under 35 U.S.C. 103 as being unpatentable over Kubota Goji ( JP10217008A and the Machine Translation thereof ) in view of Applicant’s Admitted Prior Art (hereinafter referred to as AAPA) . Regarding to claim 1, Goji discloses a cutting insert (cutting insert 1, as can be seen from Figure 1 in Goji) having at least a cutting part (Region L outlined in by the dashed lines in Figure 1 in Goji) , the cutting insert (1) comprising: an insert upper surface (an upper surface of 1, as can be seen from Figure 1 in Goji) ; and an insert lower surface (a lower surface of 1, as can be seen from Figure 1 in Goji) on an opposite side from the insert upper surface (upper surface of 1) [as can be seen from Figure 1 in Goji] , wherein, with a direction from the insert upper surface (upper surface of 1 in Goji) toward the insert lower surface (lower surface of 1 in Goji) as downward [as can be seen from Figure 1 in Goji] , and a direction from the insert lower surface (lower surface of 1 in Goji) toward the insert upper surface (upper surface of 1 in Goji) as upward [as can be seen from Figure 1 in Goji] , includes a cutting part upper surface (upper surface of region L outlined by the dashed lines in Figure 1 in Goji) that faces upward [Figure 1 in Goji] , a cutting edge (cutting edge 4, tip cutting edge 6, side cutting edge 7, as can be seen from Figure 1 in Goji) formed on an outer fringe (outer perimeter surface of 1 located in region L, as can be seen from Figure 1 in Goji) of the cutting part upper surface (upper surface of region L in Goji) , and a chip breaker (breaker ridge 10, as can be seen from Figure 1-2 in Goji) in which part (nose portion 5, rake face 8, 2 stepped breaker wall including low wall 11 and upper wall 13, as can be seen from Figures 1-2 in Goji) of the cutting part upper surface (upper surface of region L) is depressed downward [as can be seen from Figures 1- 4 in Goji] , with a direction parallel to a first axial line that is a straight line orthogonal to a center-of-gravity axis passing through a center of gravity of the insert upper surface (upper surface of 1) and a center of gravity of the insert lower surface (lower surface of 1) and that passes through a distant end of the cutting edge (4, 6 , 7 in Goji) that is farthest from the center- of-gravity axis as an X axis direction, and a direction intersecting both the X axis direction and an up-down direction as a Y axis direction [as can be seen from Figures 1-2 in Goji] , the chip breaker (10) includes a downward inclined surface (rake face 8, 9, as can be seen from Figure 1-2 in Goji) that descends the further away from the cutting edge (4, 6, 7) in the X axis direction, to a height (height of lower end of 8, 9 , of Goji) of a lower stage ( area located at a lower end of 8 and 9, as can be seen from Figures 1- 4 in Goji) , an upward inclined surface ( a first 15, as can be seen from Figures 1-2 in Goji) that ascends the further away from the cutting edge (4, 6, 7) in the X axis direction, from the height (height of lower end of 8, 9 of Goji) of the lower stage (area located at a lower end of 8 and 9, as can be seen from Figures 1- 4 in Goji) , a jutting portion (flat surface 14, as can be seen from Figures 1-2 in Goji) that juts out along the first axial line in a direction from the center-of-gravity axis toward the cutting edge (4, 5, 7) [as can be seen from Figures 1-2 in Goji] , and of which a jutting end (an end portion of 14, as can be seen from Figure 2 in Goji) faces the downward inclined surface (8,9) [as can be seen from Figures 1-2 in Goji] , and a stepped surface ( two stepped breaker wall 11, including low wall 12 and upper wall 13, as can be seen from Figures 102 in Goji) that adjoins the jutting portion (14 in Goji) from at least one side in the Y axis direction, an upper end (an upper portion of 14, as can be seen from Figure 2 in Goji) of the jutting portion (14) is formed at a height of an upper stage (area located at upper portion of 14, as can be seen from Figure 2 in Goji) that is higher than the height (height of lower end of 8, 9 of Goji) of the lower stage (area located at a lower end of 8 and 9, as can be seen from Figures 1- 4 in Goji) , and the stepped surface (11, 12, 13 in Goji) is a surface that faces upward [as can be seen from Figure 1- 4 in Goji] , and that is formed at a height of an intermediate stage (area located at 11, 12, 13 in Goji) that is, at a part closest to the first axial line, lower than the height of the upper stage (area located at upper portion of 14 in Goji) , and higher than the height of the lower stage (area located at a lower end of 8 and 9, as can be seen from Figures 1- 4 in Goji) [as can be seen from Figures 1-4 in Goji] . However, Goji does not explicitly disclose the cutting part being formed of a sintered compact. However, AAPA discloses the use a cutting insert formed of a sintered compact [as described in paragraph 0002-0003 of the specification of the instant application]. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the cutting insert of Goji to include a sintered compact, as taught by AAPA, as a simple substitution of one known element for another to obtain predictable results. Regarding to Claim 2 , Goji discloses t he cutting insert (1) according to claim 1, wherein the stepped surface (11, 12, 13 in Goji) is inclined ascending from the height of the intermediate stage (area located at 11, 12, 13 in Goji) the further away from the first axial line in the Y axis direction [as can be seen from Figures 1-4 in Goji] . Regarding to Claim 3, Goji discloses the cutting insert (1) according to claim 1, wherein the jutting end (an end portion of 14) is formed as a conical surface (curved junction portion of 14 and 10, as can be seen from Figures 1-2 in Goji) . Regarding to Claim 4, Goji discloses the cutting insert (1) according to claim 1, wherein the cutting edge (4, 6, 7) includes a corner cutting edge (tip cutting edge 6, as can be seen from Figure 1-2 in Goji) that is formed in an arc shape [Figures 1-2 in Goji] , and a wiper cutting edge (side cutting edge 7, as can be seen from Figures 1-2 in Goji) . However, Goji does not explicitly disclose the wiper cutting edge being formed in an arc shape with a radius of curvature that is larger than that of the corner cutting edge, and that continues from one end of the corner cutting edge. However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the wiper cutting edge of Goji to include an arc shape with a radius of curvature later than that of the corner cutting edge, as a simple substitution of one known element for another to obtain predictable results. Regarding to claims 5-8, Goji modified by AAPA discloses t he cutting insert (1 in Goji) according to claim s 1 -4 . AAPA further disclosed having a sintered compact , wherein the sintered compact of which a primary component is cubic boron nitride (CBN) or polycrystalline diamond (PCD) [as described in paragraph 0002-0003 of the specification of the instant application]. Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the insert in Goji to include a sintered compact having a primary component of CBN or PCD, as taught by AAPA, as a simple substitution of one known element for another to obtain predictable results. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT NIRVANA DEONAUTH whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (571)270-5949 . The examiner can normally be reached FILLIN "Work Schedule?" \* MERGEFORMAT Monday-Friday 9am-5pm . Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. 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If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /NIRVANA DEONAUTH/ Primary Examiner, Art Unit 3726