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 .
Response to Arguments
Applicant’s arguments, see the reply, filed June 10, 2026, with respect to the rejection(s) of claim(s) the claims under the references applied in the previous office action have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of the references applied in the instant office action.
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) 19-23 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Norstedt et al. (US 2017/0036280 A1).
Re Claim 19, NORSTEDT discloses a cutting tool (1) comprising an insert holder (6, 7), and a cutting insert (2) in accordance with claim 1 retained therein, the insert holder (6, 7) having a holding portion (13) extending along a holding axis in a forward to rearward direction (See figures 1 and 2), and the cutting insert (2) removably securable to the holding portion (8) in any one of N index positions, the holding portion (13) having a front holding surface (19, 20) facing in the forward direction and opposing first and second side holding surfaces extending rearwardly from the front holding surface (19, 20), the first side holding surface having an engagement portion comprising three male type or three female type engagement elements (17, 18), each engagement element (17, 18) having opposing first and second engagement flanks (see figure 3) extending along an engagement axis, in each index position of the cutting insert (2) three of the plurality of N female type or N male type mounting elements operatively engage with the three male or female type engagement elements (17, 18), the three first mounting flanks of said three operative mounting elements make clamping contact with the three first engagement flanks of the three male type or three female type engagement elements (17, 18), the three second mounting flanks of said three operative mounting elements make clamping contact with the three second engagement flanks of the three male type or three female type engagement elements (17, 18), only one of the cutting portions (36) is an operative cutting portion, and the single operative cutting portion extends beyond the front holding surface (19, 20) in the forward direction (Pars. 0042-0044, Figs. 1-3). 26. Re Claim 20, NORSTEDT discloses the engagement portion includes a threaded bore (16) having a bore axis, and the insert's central axis (C3) is coaxial with the bore axis (See figures 1 and 2), and in a side view of the holding portion first and second engagement elements of the three male type or three female type engagement elements (17, 18) are located forward of the bore axis, and a third engagement element of the three male type or three female type engagement elements (17, 18) is located rearward of the bore axis (See figures 1-3). 27.
Re Claim 21, NORSTEDT discloses each of the insert's cutting portions (36) has a radial cutting plane containing the central axis (C3) and the radially outermost cutting point of its associated primary cutting edge (36), and the cutting insert (2) comprises a plurality of N imaginary insert sectors defined by a plurality of N radial cutting planes, and in a projected side Application/Control Number: 18/589,613 Page 9 Art Unit: 3726 view of the cutting tool (1); the second engagement flanks of the first and second engagement elements are located in circumferentially adjacent first and second imaginary sectors, respectively, of the plurality of N imaginary sectors, and the first and second imaginary sectors of the plurality of N imaginary sectors are delimited by an operative cutting portion's radial cutting plane (See figures 1-6).
Re Claim 22, NORSTEDT discloses the cutting insert's entire peripheral side surface is devoid of contact with the insert holder's holding portion (8, 13) (See figures 1-3).
Re Claim 23, NORSTEDT discloses apart from the first and second mounting flanks of the three operative female type or male type mounting elements making clamping contact with the first and second engagement flanks of the three male type or three female type engagement elements (17, 18), the cutting insert's central mounting portion (28) is devoid of contact with the insert holder's holding portion (13) (See figures 1-3).
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 1-3, 5-18 and 24 is/are rejected under 35 U.S.C. 103 as being obvious over Hecht (US 2016/0082519 A1), in view of Norstedt et al. (US 2017/0036280 A1).
The applied reference has a common inventor with the instant application. Based upon the earlier effectively filed date of the reference, it constitutes prior art under 35 U.S.C. 102(a)(2).
This rejection under 35 U.S.C. 103 might be overcome by: (1) a showing under 37 CFR 1.130(a) that the subject matter disclosed in the reference was obtained directly or indirectly from the inventor or a joint inventor of this application and is thus not prior art in accordance with 35 U.S.C.102(b)(2)(A); (2) a showing under 37 CFR 1.130(b) of a prior public disclosure under 35 U.S.C. 102(b)(2)(B); or (3) a statement pursuant to 35 U.S.C. 102(b)(2)(C) establishing that, not later than the effective filing date of the claimed invention, the subject matter disclosed and the claimed invention were either owned by the same person or subject to an obligation of assignment to the same person or subject to a joint research agreement. See generally MPEP § 717.02.
RE Claim 1, Hecht discloses an indexable cutting insert (20) comprising: opposing first and second end surfaces (22) with a peripheral side surface (24) extending therebetween, a central axis (A1) transverse to the first and second end surfaces (22), about which the cutting insert (20) is indexable, a median plane (M) located midway between the first and second end surfaces (22), a central bore (62) coaxial with the central axis (A1) intersecting the first and second end surfaces (22), and at least one of the first and second end surfaces (22) having a central mounting portion (36), the cutting insert (20) having a plurality of N cutting portions (26) circumferentially spaced apart about the central axis (A1), whereby N is a specific integer number of at least three, each cutting portion (26) having a single primary cutting edge (30) formed at the intersection of a rake surface (32) and a relief surface (34), and each primary cutting edge (30) having a main cutting edge-portion (N1) intersecting the median plane (M), a radially outermost cutting point (not labeled, see figure 2), and first and second end points (not labeled, see figure 5), the plurality of rake surfaces (32) and the plurality of N relief surfaces (34) located on the peripheral side surface (24), and the plurality of rake surfaces (32) facing in a first rotational direction about the central axis (A1) (Pars. 0031-0036 and 0040-0049, Figs. 1-5).
Hecht does not explicitly disclose the central mounting portion comprises a plurality of N female type or N male type mounting elements, each mounting element having opposing first and second mounting flanks extending along a mounting axis, each of the first and second mounting flanks configured to make clamping contact in at least one index position of the cutting insert, and in an end view of the cutting insert; the first and second mounting flanks of each mounting element are located on opposite sides of their associated mounting axis, each mounting axis traverses the central bore, the plurality of first mounting flanks face in the first rotational direction about the central axis, the plurality of second mounting flanks face in a second rotational direction about the central axis opposite to the first rotational direction, and each second mounting flank extends further from the central axis than its associated opposing first mounting flank.
NORSTEDT discloses an indexable cutting insert (2) (Par. 0042) comprising: opposing first and second end surfaces (24, 25) with a peripheral side surface (not labeled, see figure 4) extending therebetween, a central axis (C3) transverse to the first and second end surfaces (24, 25), about which the cutting insert (2) is indexable, a median plane (MP) located between the first and second end surfaces (24, 25), a central bore (not labeled, see figures 3, 5 and 6) coaxial with the central axis (C3) intersecting the first and second end surfaces (24, 25), and at least one of the first and second end surfaces (24, 25) having a central mounting portion (21) (Par. 0046, Figs. 3-8), the cutting insert (2) having a plurality of N cutting portions (36) circumferentially spaced apart about the central axis (C3), whereby N is a specific integer number of at least three, each cutting portion (36) having a primary cutting edge (36) formed at the intersection of a rake surface (37) and a relief surface (not labeled, see figures 2-4), and each primary cutting edge (36) having a radially outermost cutting point and first and second end points (See figure 8), the plurality of surfaces (37) and the plurality of relief surfaces located on the peripheral side surface (See figures 3, 4 and 6), and the plurality of rake surfaces (37) facing in a first rotational direction (see figures 2 and 4; the rational direction can be defined in a counter-clockwise direction noted in figure 6 with regard to the rake surfaces which are on the hidden side of the median plane MP) about the central axis (C3) (Par. 0050, Figs. 6-8), the central mounting portion (21) comprises a plurality of N female type or N male type mounting elements (not labeled, the elements at 21 of insert 2 can be considered as male elements with respect to surface(s) 23 or as female elements with respect to surface(s) 22), each mounting element having opposing first and second mounting flanks (see figures 3 and 6) extending along a mounting axis (the mounting axis can be defined as a bisector between the outer boundaries Application/Control Number: 18/589,613 Page 5 Art Unit: 3726 of a respective mounting elements as shown in figure 6), each of the first and second mounting flanks configured to make clamping contact in at least one index position of the cutting insert (2) (See figure 3 as the insert 2 is aligned with a counterpart), and in an end view of the cutting insert (2); the first and second mounting flanks of each mounting element are located on opposite sides of their associated mounting axis, each mounting axis traverses the central bore (see figure 6), the plurality of first mounting flanks face in the first rotational direction (see figures 3 and 6) about the central axis (C3), the plurality of second mounting flanks face in a second rotational direction (see figures 3 and 6) about the central axis (C3) opposite to the first rotational direction, and each second mounting flank) extends further from the central axis (C3) than its associated opposing first mounting flank (see the figure below) (Pars. 0046; 0050, and 0053-0058; Figs. 1-8). It would have been obvious to one of ordinary skill in the art to modify the invention of Hecht by providing a central mounting portion comprising a plurality of N female type or N male type mounting elements, each mounting element having opposing first and second mounting flanks extending along a mounting axis, each of the first and second mounting flanks configured to make clamping contact in at least one index position of the cutting insert, for the benefit of more securely mounting the insert to a tool holder.
RE Claim 2, the combination as applied to claim 1 remains as previously applied. Hecht discloses in the end view of the cutting insert (20): the plurality of N radially outermost cutting points define a first imaginary circle having a first diameter and a center coincident with the central axis (A1) (See figure 2).
RE Claim 3, the combination as applied to claim 1 remains as previously applied. Hecht discloses a first plane (P2) perpendicular to the central axis (A1) contains the first end point of at least one primary cutting edge (30), a second plane (P2) perpendicular to the central axis (A1) contains the second end point (See figure 5) of said at least one primary cutting edge (30), the first and second planes (P2) are located on opposite sides of the median plane (M) the first plane (P2) intersects the central mounting portion 36 (Pars. 0076-0078, Fig. 5). Hecht does not explicitly disclose the first plane intersects the plurality of N female type or N male type mounting elements and their associated first and second mounting flanks however, based on the previous combination, it would have been obvious to one of ordinary skill in the art that the modified invention of the combination will comprise a first plane that intersects the plurality of N female type or N male type mounting elements and their associated first and second mounting flanks, as the first plane of Hecht intersects the central mounting portion.
RE Claim 5, the combination as applied to claim 1 remains as previously applied. The combination discloses the plurality of N female type or N male type mounting elements are female type mounting channels (see NORSTEDT, figure 3).
Re Claims 6 and 7, the combination as applied to claim 1 remains as previously applied. Hecht discloses the central mounting portion (36) has an outer mounting surface (38) defining a third plane (not labeled) parallel to the median plane (M) and no portion of the cutting insert (20) traverses the third plane (See figure 5).
Re Claim 8, the combination as applied to claim 1 remains as previously applied. The combination discloses in a cross-sectional view taken in a fourth plane (P4) transverse to the mounting axis of one of the plurality of N mounting elements, straight first and second imaginary mounting lines coincident with or tangential to the first and second mounting flanks, respectively, form obtuse internal first and second mounting flank angles, respectively, with the outer mounting surface (See NORSTEDT, figure 5).
Re Claim 9, the combination as applied to claim 1 remains as previously applied. The combination does not explicitly disclose the obtuse internal first and second mounting flank angles are equal. It would have been an obvious matter of design choice to one of ordinary skill in the art to provide obtuse internal first and second mounting flank angles that are equal because Applicant has not disclosed that providing obtuse internal first and second mounting flank angles that are equal 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 obtuse internal first and second mounting flank angles because both perform the same function of forming the flank portions of the cutting insert. Therefore, it would have been an obvious matter of design choice to modify the invention of Hecht to obtain the invention as specified in claim 9, See In re Seid, 161 F.2d 229, 73 USPQ 431 (CCPA 1947).
Re Claim 10, the combination as applied to claim 1 remains as previously applied. The combination discloses a fifth plane perpendicular to the central axis (C3) intersects the plurality of N female type or N male type mounting elements and their associated first and second mounting flanks, and in a cross-section taken in the fifth plane; each first mounting flank has a radially outermost first flank point, each second mounting flank has a radially outermost second flank point, and the radially outermost second flank point of each second mounting flank is located further from the central axis (C3) than the radially outermost first flank point of its associated opposing first mounting flank (See NORSTEDT, figures 3 and 6). The Examiner construes the fifth plane to contain the radially outermost point of the second flank.
Re Claim 11, the combination as applied to claim 1 remains as previously applied. The combination discloses in the cross-section taken in the fifth plane; the plurality of N radially outermost first flank points lie on a second imaginary circle having a second diameter and a center coincident with the central axis (C3), the plurality of radially outermost second flank points lie on a third imaginary circle (C3) having a third diameter and a center coincident with the central axis (C3), and the third diameter is greater than the second diameter (See NORSTEDT, figures 3 and 6; due to the rotational symmetry of the insert (2) it is disclosed that each respective point lie on a respective circle, and a size ratio of the associated diameters is disclosed in figure 6, see also annotated figure from the previous office action).
Re Claim 12, the combination as applied to claim 1 remains as previously applied. The combination does not explicitly disclose the plurality of N radially outermost cutting points define a regular N-sided first polygon having a center coincident with the central axis, the plurality of N radially outermost second flank points define a regular N-sided second polygon having a center coincident with the central axis, and the second polygon is rotationally offset from the first polygon by an acute offset angle of greater than 360/N*3 degrees. It would have been an obvious matter of design choice to one of ordinary skill in the art to provide a plurality of N radially outermost cutting points define a regular N-sided first polygon having a center coincident with the central axis, the plurality of N radially outermost second flank points define a regular N-sided second polygon having a center coincident with the central axis, and the second polygon is rotationally offset from the first polygon by an acute offset angle of greater than 360/N*3 degrees because Applicant has not disclosed that providing the aforementioned 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 cutting point configuration because both perform the same function of forming the cutting portions of the cutting insert. Therefore, it would have been an obvious matter of design choice to modify the invention of Hecht to obtain the invention as specified in claim 12, See In re Seid, 161 F.2d 229, 73 USPQ 431 (CCPA 1947).
Re Claim 13, the combination as applied to claim 1 remains as previously applied. The combination does not explicitly disclose the third diameter is less than seventy percent of the first diameter. It would have been an obvious matter of design choice to one of ordinary skill in the art to provide a third diameter is less than seventy percent of the first diameter because Applicant has not disclosed that providing said diameter 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 diameters both perform the same function of providing a functioning cutting insert. Therefore, it would have been an obvious matter of design choice to modify the invention of NORSTEDT to obtain the invention as specified in claim 13, See In re Seid, 161 F.2d 229, 73 USPQ 431 (CCPA 1947).
Re Claim 14, the combination as applied to claim 1 remains as previously applied. The combination discloses in the cross-section taken in the fifth plane; a fourth imaginary circle having a fourth diameter and a center coincident with one of the plurality of radially outermost cutting points intersects the third imaginary circle but does not intersect the central mounting portion (see NORSTEDT, figure 6).
Re Claim 15, the combination as applied to claim 1 remains as previously applied. The combination discloses in the end view of the cutting insert (20): the second mounting flank of each mounting element is located on the same side of its associated mounting axis as the central axis (C3) (See NORSTEDT, figures 3-6).
Re Claim 16, the combination as applied to claim 1 remains as previously applied. Hecht discloses the cutting insert (20) exhibits mirror symmetry about the median plane (M) (See figures 1-5).
Re Claim 17, the combination as applied to claim 1 remains as previously applied. The combination discloses the cutting insert (2) exhibits N-fold rotational symmetry about the central axis (C3) (See NORSTEDT, figures 1-6).
Re Claim 18, the combination as applied to claim 1 remains as previously applied. Hecht does not explicitly disclose N equals 5. NORSTEDT discloses a cutting tool and N equals 5 (Par. 0063). It would have been obvious to one of ordinary skill in the art to provide the cutting insert of HECHT with 5 cutting portions, as disclosed by NORSTEDT, as a known alternative cutting insert.
Re Claim 24, the combination as applied to claim 1 remains as previously applied. The combination does not explicitly disclose a second imaginary cylinder having a circular cross-section and a fifth diameter extends away from the outer engagement surface and beyond the first side holding surface along a second cylinder axis coaxial with the bore axis, no portion of the holding portion is located in the second imaginary cylinder, and the fifth diameter is greater than the first diameter. It would have been an obvious matter of design choice to one of ordinary skill in the art to provide a second imaginary cylinder having a circular cross-section and a fifth diameter extends away from the outer engagement surface and beyond the first side holding surface along a second cylinder axis coaxial with the bore axis, no portion of the holding portion is located in the second imaginary cylinder, and the fifth diameter is greater than the first diameter because Applicant has not disclosed that providing the aforementioned 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 imaginary cylinder and diameter configuration because both perform the same function of providing a functioning cutting insert. Therefore, it would have been an obvious matter of design choice to modify the invention of Hecht to obtain the invention as specified in claim 24, See In re Seid, 161 F.2d 229, 73 USPQ 431 (CCPA 1947).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Hecht (US 8678718), Zeeb (US 2014/0050542 A1), and Osawa (US 10442021).
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/BAYAN SALONE/ Primary Examiner, Art Unit 3726
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