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
Claims 19 and 20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on August 10, 2026.
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 14 and 15 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.
Regarding claims 14 and 15, the phrase "about" renders the claims indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(b).
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, 12, 13, and 16-18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lindback et al. (US 2021/0362247 A1).
Re Claim 1, Lindback discloses an indexing system comprising: a tool body 2 rotatable around a tool body central axis C1, the tool body 2 having a tool body central passageway 10, a bore 8, and an insert pocket 3 having a plurality of side contact surfaces 3a, 3b; a cam 21 attached to the tool body, disposed within the tool body central passageway 10, and rotatable around the tool body central axis C1 between a cam first position and a cam second position (Pars.0044-0046); a carrier rod 7 partially disposed within the bore 8, and moveable between a carrier rod first position and a carrier rod second position; and an indexable cutting insert 4 attached to the carrier rod 7, the indexable cutting insert 4 having an insert center axis C2 and a plurality of side support surfaces 4a, 4b, the indexable cutting insert 4 moveable between a clamped position and an indexing position, the indexable cutting insert 4 is in the clamped position when the carrier rod 7 is in the carrier rod first position, the indexable cutting insert 4 is in the indexing position when the carrier rod 7 is in the carrier rod second position, in the clamped position a first side support surface 4a of the plurality of side support surfaces 4a, 4b contacts a first side contact surface 3a of the plurality of side contact surfaces 3a, 3b and a second side support surface 4b of the plurality of side support surfaces 4a, 4b contacts a second side contact surface 3b of the plurality of side contact surfaces 3a, 3b, in the indexing position the first side support surface 4a does not contact the first side contact surface 3a, the second side support surface 4b does not contact the second side contact surface 3b, and the indexable cutting insert 4 is rotatable around the insert center axis C2 (pars. 0037-0040 and 0044-0047, Figs. 1a-4).
Re Claim 12, Lindback discloses the insert pocket 3 has an insert pocket tangential wall (not labeled, see fig. 2a); and the bore 8 has a bore lengthwise axis that is not parallel to the insert pocket tangential wall (See figure 2a).
Re Claim 13, Lindback discloses the tool body 2 has a tool body periphery (See figures 1a-4); the bore 8 extends from a bore first end disposed at the tool body central passageway 10 toward the tool body periphery to a bore second end (See figures 2a-3c); the insert pocket 3 has an insert pocket tangential wall; and the bore 8 extends toward the insert pocket tangential wall from the bore first end to the bore second end (See figures 2a-3c).
Re Claim 16, Lindback discloses a shim 13a disposed between the indexable cutting insert 4 and the tool body 2 (Par. 0043, Fig. 1a and 2a).
Re Claim 17, Lindback discloses the insert pocket 3 has an insert pocket tangential wall (See figure 2a); the indexable cutting insert 4 contacts the insert pocket tangential wall in the clamped position; and the indexable cutting insert 4 does not contact the insert pocket tangential wall in the indexing position (Pars. 0040-0042, Figs. 2a-3c).
Re Claim 18, Lindback discloses the insert center axis C2 is disposed an insert first distance from the tool body central axis 10 when the indexable cutting insert 4 is in the clamped position and an insert second distance from the tool body central axis 10 when the indexable cutting insert 4 is in the indexing position, the insert second distance being different than the insert first distance (Pars. 0040-0042, Figs. 3a-3c).
Claim Objections
Claims 2-11 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Peltonen (US 2005/0166727 A1). Discloses an indexing system comprising: a tool body rotatable around a tool body central axis, the tool body having a tool body central passageway however, lacks a cam attached to the tool body, disposed within the tool body central passageway, and rotatable around the tool body central axis between a cam first position and a cam second position.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BAYAN SALONE whose telephone number is (571)270-7739. The examiner can normally be reached M-F 9-60 PM.
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.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Bryant can be reached at (571)272-4526. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/BAYAN SALONE/Primary Examiner, Art Unit 3726
