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 .
Election/Restrictions
Applicant elected Group 1, and Species A & C, claims 1 – 7 & 9 - 13. Applicant elected claims 8, 14 – 17 to be withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected group, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 05/26/2026.
The restriction is made FINAL.
Prior art of Record
The prior art made of record in this office action shall be referred to as follows;
U.S. 2024/0278330 Yusuke Suzuki (‘Suzuki-330 hereafter), App 18/582602; Filed 02/20/2024
The above references will be referred to hereafter by the names or numbers indicated above.
Claim status:
Claims 1 - 17 are currently being examined.
Claims 8 & 14 - 17 have been withdrawn.
No Claims have been canceled.
No Claims are allowed or objected to for allowable subject matter.
Claim Rejections - 35 USC § 112
Claim 12 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.
Where applicant acts as his or her own lexicographer to specifically define a term of a claim contrary to its ordinary meaning, the written description must clearly redefine the claim term and set forth the uncommon definition so as to put one reasonably skilled in the art on notice that the applicant intended to so redefine that claim term. Process Control Corp. v. HydReclaim Corp., 190 F.3d 1350, 1357, 52 USPQ2d 1029, 1033 (Fed. Cir. 1999).
The limitation “the deep seat portion is inclined with respect to a first reference surface that is parallel to a rotating direction of a material to be cut with respect to the cutting edge during a cutting process” uses the term “parallel” in claim 12 is used by the claim to mean “concentric,” while the accepted meaning is “two or more straight lines that have zero degrees between them.”
The term is indefinite because a rotation is not parallel and an arc cannot have parallel lines. Applicant should use concentric instead of parallel or “a first reference surface that is parallel to a tangent of the rotating direction.”
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 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
(C) the subject matter disclosed and the claimed invention, not later than the effective filing date of the claimed invention, were owned by the same person or subject to an obligation of assignment to the same person.
Claim(s) 1 is/are rejected under 35 U.S.C. 102(a)(2)(c) as being anticipated by U.S. 2024/0278330 Yusuke Suzuki (‘Suzuki-330 hereafter).
Regarding Claim 1, ‘Suzuki-330 discloses all the claim limitations including: A body (20) (‘Suzuki-330, #10 (body)) of a cutting tool (‘Suzuki-330, #1 (cutting tool)), comprising:
an insert seat (‘Suzuki-330, #12 (insert seat)) which is for mounting thereon a cutting insert (‘Suzuki-330, #30’ (cutting insert)), and
which is provided at a leading end part of the body (‘Suzuki-330, #32 (leading end part));
a screw hole (‘Suzuki-330, #31 (screw hole)) which a fastening screw (60) (‘Suzuki-330, #50 (fastening screw)) for fastening the cutting insert (‘Suzuki-330, #30’ (cutting insert)) mounted on the insert seat is screwed (‘Suzuki-330, Fig 3);
a deep seat portion (‘Suzuki-330, Fig 2 (below)) provided at a deep part in the insert seat in an axial direction of the screw hole (‘Suzuki-330, Fig 2, system of #11, #12, #11a);
a receiving portion (‘Suzuki-330, Fig 2 (below)) which is a part for receiving a contact portion at a position opposed to the contact portion (‘Suzuki-330, Fig 5, near #K) formed on a bottom part (‘Suzuki-330, Fig 6 (below)) facing the insert seat of the cutting insert in the deep seat portion (‘Suzuki-330, Fig 2 (below));
a wall portion (‘Suzuki-330, Fig 6 (below)) which has at least two base-end side rotation suppression portions (‘Suzuki-330, Fig 2 (below)) that are formed of an inner wall surface (‘Suzuki-330, Fig 2 (below)) constituting the insert seat (‘Suzuki-330, #12 (insert seat)), and
that are in contact with a peripheral side part (‘Suzuki-330, Fig 1, near #32R) of the cutting insert (‘Suzuki-330, #30’ (cutting insert)), and
moreover that stop rotation of the cutting insert around an axis of the screw hole (‘Suzuki-330, Fig 2 (below)); and
a shallow seat portion (‘Suzuki-330, Fig 2 (below)) which is formed on a part including the base-end side rotation suppression portions (‘Suzuki-330, Fig 2 (below)) in the insert seat (‘Suzuki-330, #12 (insert seat)) and which has a depth shallower than the part having the receiving portion (‘Suzuki-330, Fig 5, near #33),
wherein the base-end side rotation suppression portions (‘Suzuki-330, Fig 2 (below)) are positioned not to overlap the deep seat portion (‘Suzuki-330, Fig 2 (below)), when viewed along the axis of the screw hole (‘Suzuki-330, Fig 2 (below) shows rotation suppression portion does not overlap the system of #11, #12, #11a, when viewed along axis of screw hole).
Regarding Claim 2, ‘Suzuki-330 discloses all the claim limitations including: the deep seat portion (‘Suzuki-330, Fig 2 (below)) includes a surface perpendicular to the axis of the screw hole (‘Suzuki-330, Fig 2, system of #11, #12, #11a show a surface perpendicular to the screw hole #11).
Regarding Claim 3, ‘Suzuki-330 discloses all the claim limitations including: an engagement projected part having a shape for engaging with a recessed part on the bottom part of the cutting insert is formed (‘Suzuki-330, Fig 2 (below)).
Regarding Claim 4, ‘Suzuki-330 discloses all the claim limitations including: the engagement projected part is formed having a shape protruding from the deep seat portion (‘Suzuki-330, Fig 2 (below)).
Regarding Claim 5, ‘Suzuki-330 discloses all the claim limitations including: engagement projected part is formed having a triangular shape or a trapezoidal shape on a cross section perpendicular to a central axis X extending in a longitudinal direction of the body and has a leading-end side rotation suppression portion which stops rotation of the cutting insert around the axis of the screw hole by being in touch with a part of the recessed part of the cutting insert (‘Suzuki-330, Fig 2 (below), shows a triangular shape).
Regarding Claim 6, ‘Suzuki-330 discloses all the claim limitations including: the leading-end side rotation suppression portion is formed on a leading end part of the body (‘Suzuki-330, Fig 2 (below)).
Regarding Claim 8, ‘Suzuki-330 discloses all the claim limitations including: the shallow seat portion is formed such that the shallow seat portion becomes shallower in steps as the shallow seat portion nears the base end part of the body (‘Suzuki-330, Fig 2 (below)).
Regarding Claim 9, ‘Suzuki-330 discloses all the claim limitations including: wherein the receiving portion is provided in plurality (‘Suzuki-330, Fig 2 (below)).
Regarding Claim 10, ‘Suzuki-330 discloses all the claim limitations including: the receiving portion is provided at least on both a region nearer to the leading end part than the screw hole and a region nearer to the base end part than the screw hole (‘Suzuki-330, Fig 2 (below)).
Regarding Claim 11, ‘Suzuki-330 discloses all the claim limitations including: a flat surface is formed on a peripheral surface on the base-end part side (‘Suzuki-330, #14 (four flat surfaces)), and the deep seat portion (‘Suzuki-330, Fig 2 (below)) is inclined with respect to a Y-axis perpendicular to the flat surface (‘Suzuki-330, Figs 1 & 2, show deep seat portion inclined with respect to Y axis) or with respect to a Z-axis perpendicular to the Y-axis and perpendicular also to a central axis X extending in a longitudinal direction of the body (‘Suzuki-330, Fig 2, also shows incline perpendicular to X axis, #10x (central axis)).
Regarding Claim 12, ‘Suzuki-330 discloses all the claim limitations including: the deep seat portion (‘Suzuki-330, Fig 2 (below)) is inclined with respect to a first reference surface (S) (‘Suzuki-330, Fig 1, (below)) that is parallel to a rotating direction of a material to be cut with respect to the cutting edge during a cutting process and that includes a central axis X extending in a longitudinal direction of the body (‘Suzuki-330, Fig 1, (below) shows “S” to be concentric or parallel to a tangent of the rotational direction).
Regarding Claim 13, ‘Suzuki-330 discloses all the claim limitations including: the body (‘Suzuki-330, #10 (body)) includes a leading-end side rotation suppression portion (‘Suzuki-330, Fig 2 (below)) which stops rotation of the cutting insert around the axis of the screw hole by being in touch with a part of the recessed part of the cutting insert (‘Suzuki-330, Fig 2 (below)),
an engagement projected part (‘Suzuki-330, Fig 2 (below)) having a shape for engaging with a recessed part on the bottom part (‘Suzuki-330, Fig 6 (below)) of the cutting insert is formed (‘Suzuki-330, #30’ (cutting insert)), and
the deep seat portion (‘Suzuki-330, Figs 2 (below)) is inclined in a direction in which a thickness thereof in a vertical direction increases from a leading-end side of the engagement projected part (‘Suzuki-330, Figs 1 & 2 (below)) to a part located in a lower part in a vertical direction of the leading-end side in a peripheral surface of the body (‘Suzuki-330, incline shown in Fig 1 (below), #32 is thinner at the top than on the bottom), when viewed from the leading end part along the central axis X (‘Suzuki-330, Fig 1 shows isometric view, however, when viewed from the leading end along the X axis thickness increases towards the bottom).
[AltContent: textbox (“S”)][AltContent: arrow][AltContent: arrow][AltContent: connector][AltContent: connector]
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U.S. 2024/0278330 Figure 1
[AltContent: textbox (Deep seat portion)][AltContent: connector][AltContent: arrow][AltContent: textbox (Receiving Portion)][AltContent: connector][AltContent: arrow][AltContent: textbox (Receiving portion)][AltContent: connector][AltContent: arrow][AltContent: textbox (Engagement projection part)][AltContent: connector][AltContent: arrow][AltContent: textbox (shallow seat portion)][AltContent: connector][AltContent: arrow][AltContent: textbox (Stop Rotation)][AltContent: connector][AltContent: arrow][AltContent: textbox (inner wall surface)][AltContent: connector][AltContent: arrow][AltContent: textbox (base-end side rotation suppression portion)][AltContent: connector][AltContent: arrow][AltContent: textbox (base-end side rotation suppression portion)][AltContent: connector][AltContent: arrow]
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U.S. 2024/0278330 Figure 2
[AltContent: textbox (peripheral surface of the body)][AltContent: connector][AltContent: arrow][AltContent: textbox (Wall Portion)][AltContent: connector][AltContent: arrow][AltContent: textbox (Bottom Part)][AltContent: connector][AltContent: arrow]
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U.S. 2024/0278330 Figure 6
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
U.S. 2009/0035075 Hecht et al. (cutting tool, without flat surfaces),
U.S. 2022/0258252 Yusuke Suzuki (cutting tool, without incline surfaces),
U.S. 2022/0410277 Yusuke Suzuki (cutting tool, without incline surfaces and flat surfaces),
U.S. 2011/0110733 Hecht et al. (cutting tool, without incline surfaces and flat surfaces).
When such prior art is cited, its relevance should be explained in bracket 1 in accordance with MPEP ' 707.05.
Examiner encourages Applicant to fill out and submit form PTO-SB-439 to allow internet communications in accordance with 37 CFR 1.33 (MPEP 02.03). Should the need arise to perfect applicant-proposed or examiner’s amendments, authorization for e-mail correspondence would have already been authorized and would save time.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LAWRENCE AVERICK whose telephone number is (571)270-7565. The examiner can normally be reached 8:00AM - 3:00PM M- F ET.
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/LAWRENCE AVERICK/ Primary Examiner, Art Unit 3799
06/09/2026
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