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
Claims 4-5, 17-25 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.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 7/6/2026.
Applicant’s election without traverse of Group I and Species A (Fig. 1), claims 1-3,6-16 in the reply is acknowledged.
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 9-10 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 9 recites the limitation " the crossing point " in line 5. 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.
(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.
Claim(s) 1-3, 6-10, 12 is/are rejected under 35 U.S.C. 102a1 and a2 as being anticipated by Wang (CN 112705743 A, machine translation relied on).
Re Claim 1, Wang discloses a tool for machining a workpiece, comprising: a cutting insert; and a cutting insert holder, comprising a first cutting insert receptacle (i.e. position A) extending along a first center axis and a second cutting insert receptacle (i.e. position B) extending along a second center axis, into which the cutting insert is selectively receivable; wherein the first and second center axes intersect at an imaginary crossing point located in a region that is covered by the cutting insert when the cutting insert is received in the first cutting insert receptacle as well as when the cutting insert is received in the second cutting insert receptacle (Fig. 1-3; Page 5: “A complex surface super-hard grinding wheel base anti-interference cutter, the cutter comprises a cutter rod and a cutter groove set on the cutter rod; the blade is installed in the cutter groove through a fastening bolt; and the cutter groove is provided with a first mounting position and a second mounting position for mounting the blade; the included angle between the central axis of the first mounting position and the central axis of the second mounting position is 20-30 degrees; when the blade is located at the lower part of the cutter rod, defining cutter is special cutter A; when the blade is located at the upper part of the cutter rod, defining cutter is special cutter B. the included angle between the central axis of the first mounting position and the central axis of the second mounting position is 25 degrees.”).
Re Claim 2, Wang discloses the cutting insert is fixable in two different positions on the cutting insert holder by being selectively received in one of the two cutting insert receptacles ((Fig. 1-3; Page 5).
Re Claim 3, Wang discloses the first cutting insert receptacle is configured as a first receiving pocket into which the cutting insert is insertable along the first center axis from a front side of the cutting insert holder, wherein the second cutting insert receptacle is configured as a second receiving pocket into which the cutting insert is insertable along the second center axis from the front side of the cutting insert holder (Fig. 1-3; Page 5).
Re Claim 6, Wang discloses a shape of the first receiving pocket or first cutting insert receptacle is identical to a shape of the second receiving pocket or second cutting insert receptacle (Fig. 1-3; Page 5).
Re Claim 7, Wang discloses the first center axis and the second center axis are aligned with respect to one another at an acute angle (Fig. 1-3; Page 5).
Re Claim 8, Wang discloses the cutting insert is received or receivable in a self-centering manner in the cutting insert receptacles (Fig. 1-3; Page 5).
Re Claim 9, Wang discloses the cutting insert has at least one cutting edge, wherein the at least one cutting edge has at least two cutting edge segments which are arranged equidistantly from the crossing point when the cutting insert is received in the first cutting insert receptacle as well as when the cutting insert is received in the second cutting insert receptacle (Fig. 1-3; Page 5).
Re Claim 10, Wang discloses the two cutting edge segments each extend over at least 10% of a total length of the at least one cutting edge (Fig. 1-3; Page 5).
Re Claim 12, Wang discloses the cutting insert holder comprises a or precisely one fixing means 2 adapted to fix or clamp the cutting insert in the cutting insert holder when the cutting insert is received in the first cutting insert receptacle as well as when the cutting insert is received in the second cutting insert receptacle (Fig. 1-3; Page 5).
Claim(s) 1, 12-13, 16 is/are rejected under 35 U.S.C. 102a1 and a2 as being anticipated by Walter (US 1440187).
Re Claim 1, Walter discloses a tool for machining a workpiece, comprising: a cutting insert; and a cutting insert holder, comprising a first cutting insert receptacle extending along a first center axis and a second cutting insert receptacle extending along a second center axis, into which the cutting insert is selectively receivable; wherein the first and second center axes intersect at an imaginary crossing point located in a region that is covered by the cutting insert when the cutting insert is received in the first cutting insert receptacle as well as when the cutting insert is received in the second cutting insert receptacle (Fig. 1-4; Col. 1-2).
Re Claim 12, Walter discloses the cutting insert holder comprises a or precisely one fixing means adapted to fix or clamp the cutting insert in the cutting insert holder when the cutting insert is received in the first cutting insert receptacle as well as when the cutting insert is received in the second cutting insert receptacle (Fig. 1-4; Col. 1-2).
Re Claim 13, Walter discloses the fixing means comprises a screw which can be screwed into a thread provided in the cutting insert holder (Fig. 1-4; Col. 1-2).
Re Claim 16, Walter discloses the cutting insert has a cutting portion with at least one cutting edge for machining the workpiece and has a clamping portion for clamping in the cutting insert holder, wherein the clamping portion is rod-shaped (Fig. 1-4; Col. 1-2).
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) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang in view of Fiedler (US 8,806,997).
Re Claim 11, Wang does not disclose the two cutting edge segments lie on a circular arc whose center coincides with the crossing point when the cutting insert is received in the first cutting insert receptacle as well as when the cutting insert is received in the second cutting insert receptacle. However, Fiedler teaches two cutting edge segments lie on a circular arc (at 8; Fig. 1-12; Col. 4, lines 45-65). It would be obvious to one of ordinary skill in the art to utilize cutting edge segments lie on a circular arc, as taught by Fiedler, for the purpose of utilizing an arcuate shape which is less susceptible to damage due to the curved shape and also since it would have been an obvious matter of design choice to make the component of whatever form or shape was desired or expedient. A change in form or shape is generally recognized as being within the level of ordinary skill in the art, absent any showing of unexpected results. In re Dailey et al., 149 USPQ 47.
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang.
Re Claim 15, Wang discloses the first cutting insert receptacle is configured as a first receiving pocket into which the cutting insert is insertable along the first center axis from a front side of the cutting insert holder and has a first receptacle depth measured along the first center axis, and the second cutting insert receptacle is configured as a second receiving pocket, into which the cutting insert is insertable along the second center axis from the front side of the cutting insert holder and has a second receptacle depth measured along the second center axis (Fig. 1-3; Page 5). Wang does not disclose wherein a distance of the imaginary crossing point from the front side of the cutting insert holder is smaller than the first and the second receptacle depth. However, it would be obvious to one of ordinary skill in the art to adjust the dimensions to meet this limitation in order to accommodate optimal size of cutters and also since also since such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955).
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang in view of Nguyen (PGPub 2009/0238651).
Re Claim 13, Wang does not explicitly disclose the fixing means comprises a screw which can be screwed into a thread provided in the cutting insert holder. Although it appears to be a screw. However, Nguyen teaches fixing means 10 comprises a screw which can be screwed into a thread provided in a cutting insert holder (Fig. 1-2). It would be obvious to one of ordinary skill in the art to utilize a screw, as taught by Nguyen, for the purpose of using well known fasteners to ensure strong connection of components.
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang in view of Harif (US 10307833).
Re Claim 14, Wang does not disclose a height adjustment device is provided for adjusting the tip height of a cutting edge of the cutting insert. However, Harif teaches a height adjustment device 192 is provided for adjusting the tip height of a cutting edge of the cutting insert (Fig. 2A-2B). It would be obvious to one of ordinary skill in the art to utilize a height adjustment device, as taught by Harif, for the purpose of optimizing position of the cutter such that desired cuts can be performed.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RYAN J WALTERS whose telephone number is (571)270-5429. The examiner can normally be reached M-F 9am-5pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Thomas Hong can be reached at (571) 272-0993. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Ryan J. Walters/Primary Examiner, Art Unit 3799
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