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 1-24 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 plurality of N rake surfaces and the plurality of N relief surfaces…" in lines 17 and 18 of the claim and the limitation "…the plurality of N first mounting flanks…the plurality of N second mounting flanks…" in lines 31 and 32 of the claim. There is insufficient antecedent basis for these limitations in the claim.
Claim 2 recites the limitation " the plurality of N radially outermost cutting points" in Line 3 of the claim. There is insufficient antecedent basis for this limitation in the claim.
Claim 3 recites the limitation "…the first end point…" in line 1 of the claim and the limitation "…the second end point…" in line 4 of the claim. There is insufficient antecedent basis for these limitations in the claim.
Claim 11 recites the limitation " the plurality of N radially outermost first flank points" in Line 3 of the claim and the limitation "…the plurality of N radially outermost second flank points " in line 5 of the claim. There is insufficient antecedent basis for this limitation in the claim.
Claim 12 recites the limitation " the plurality of N radially outermost cutting points" in Line 2 of the claim and the limitation "…the plurality of N radially outmost second flank points " in line 4 of the claim. There is insufficient antecedent basis for this limitation in the claim.
Claim 21 recites the limitation " the plurality of N radially cutting planes" in Line 6 of the claim and the limitation "…the operative cutting portion" in line 11 of the claim. There is insufficient antecedent basis for this limitation in the claim.
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, 2, 5-8, 10, 11, 14, 15, 17 and 18-23 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by NORSTEDT et al. (US 2017/0036280 A1).
Re Claim 1, 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 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).
Re Claim 2, NORSTEDT discloses in the end view of the cutting insert (2) the plurality of radially outermost cutting points define a first imaginary circle having a first diameter and a center coincident with the central axis (C3) (See figure 6 and the figure below).
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[AltContent: textbox (NORSTEDT Fig. 6)][AltContent: textbox (Radially outermost point
of first flank)][AltContent: arrow][AltContent: textbox (Radially outermost point
of second flank)][AltContent: arrow][AltContent: connector][AltContent: connector]
Re Claim 5, NORSTEDT discloses the plurality of N female type or N male type mounting elements are female type mounting channels (see figure 3).
Re Claims 6 and 7, NORSTEDT discloses the central mounting portion (21) has an outer mounting surface defining a third plane (not labeled) parallel to the median plane (MP) and no portion of the cutting insert (2) traverses the third plane (See figures 3 and 8, with attention to numeral 22).
Re Claim 8, NORSTEDT 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 figure 5).
Re Claim 10, NORSTEDT 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 figures 3 and 6). The Examiner construes the fifth plane to contain the radially outermost point of the second flank.
Re Claim 11, NORSTEDT 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 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 above).
Re Claim 14, NORSTEDT 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 figure 6).
Re Claim 15, NORSTEDT 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 figures 3-6).
Re Claim 17, NORSTEDT discloses the cutting insert (2) exhibits N-fold rotational symmetry about the central axis (C3) (See figures 1-6).
Re Claim 18, NORSTEDT discloses N equals 5 (Par. 0063).
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).
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).
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 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
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) 9, 12, 13, 16 and 24 is/are rejected under 35 U.S.C. 103 as being unpatentable over NORSTEDT et al. (US 2017/0036280 A1).
Re Claim 9, NORSTEDT 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 NORSTEDT to obtain the invention as specified in claim 9.
Re Claim 12, NORSTEDT 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 NORSTEDT to obtain the invention as specified in claim 12.
Re Claim 13, NORSTEDT 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.
Re Claim 16, NORSTEDT does not explicitly disclose the cutting insert exhibits mirror symmetry about the median plane. It would have been an obvious matter of design choice to one of ordinary skill in the art to provide a cutting insert that exhibits mirror symmetry about the median plane because Applicant has not disclosed that providing an insert that exhibits mirror symmetry about the median plane 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 insert 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 NORSTEDT to obtain the invention as specified in claim 16.
Re Claim 24, NORSTEDT 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 NORSTEDT to obtain the invention as specified in claim 24.
Conclusion
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/BAYAN SALONE/Primary Examiner, Art Unit 3726