PLUNGE CUTTING APPARATUSES AND CUTTING INSERTS FOR SAME

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 . Response to Amendments The support for amended Claim 1 can be found in at least previously presented claims 5-7 and published ¶0054. The support for new Claim 21 can be found in at least previously presented Claim 10. The support for new Claim 22 can be found in at least published ¶0054. No motivation was found in the specification for this structure as claimed. The support for new Claim 23 can be found in at least published ¶0054. No motivation was found in the specification for this structure as claimed. The support for new Claim 24 can be found in at least published ¶0061. No motivation was found in the specification for this angle as claimed. The support for new Claim 25 can be found in at least published ¶0060. No motivation was found in the specification for this angle as claimed. The support for new Claim 26 can be found in at least published ¶0061. No motivation was found in the specification for this angle as claimed. The support for new Claim 27 can be found in at least published ¶0060. No motivation was found in the specification for this angle as claimed. Claim Objections Claim 23 has a comma at the end of 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. Claims 1-4, 8, 11-12, and 22-23 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Krabichler (US20200246883A1). Claim 1 Krabichler teaches a plungeable cutting apparatus comprising: a cutting tool (3) having a body (Figure 4), the body of the cutting tool having an intermediate portion between a distal first end and a proximate second end (Figure 4), the body of the cutting tool having a plurality of projections positioned along a periphery of the distal first end (Figure 4 shows projections that have sockets for the cutting inserts (2).); a plurality of cutting inserts (2), each of the cutting inserts attached to a respective one of the projections (Figure 4), each of the cutting inserts positioned to have a cutting edge that extends vertically from a lower end of the cutting edge to an upper end of the cutting edge along a pre-selected leading angle such that the upper end of the cutting edge is more outwardly positioned than the lower end of the cutting edge (Figure 4 shows the cutting edge (5) of the insert (2) is positioned such that the upper end is more outwardly positioned.); wherein each of the cutting inserts has a first inner face positioned to contact the respective one of the projections to which the cutting insert is attached and a second outer face opposite the first inner face (Figure 4 shows one face contacting the socket/pocket on the cutting tool (3) and an opposite face exposed.), each of the cutting inserts also having a plurality of sides and a plurality of corners (Figure 3a and 4 show that cutting inserts (2) have 4 sides and 4 corners.), the plurality of sides and the plurality of corners including: a first side extending from the first inner face to the second outer face, a second side extending from the first inner face to the second outer face, a third side extending from the first inner face to the second outer face such that the second side extends between the first side and the third side, a fourth side extending from the first inner face to the second outer face such that the third side extends between the second side and the fourth side and the fourth side extends between the third side and the first side, the first side extending between the fourth side and the second side (Figure 4 shows the cutting inserts have sides extending between the faces of the insert.); a first corner extending from the first inner face to the second outer face at an interface between the first side and the second side, the first corner having at least one radius segment extending between the first side and the second side and also extending from the first inner face to the second outer face to define a rounded shape of the first corner, a second corner extending from the first inner face to the second outer face at an interface between the second side and the third side, the second corner having at least one radius segment extending between the second side and the third side and also extending from the first inner face to the second outer face to define a rounded shape of the second corner, a third corner extending from the first inner face to the second outer face at an interface between the third side and the fourth side, the third corner having at least one radius segment extending between the third side and the fourth side and also extending from the first inner face to the second outer face to define a rounded shape of the third corner, and a fourth corner extending from the first inner face to the second outer face at an interface between the fourth side and the first side, the fourth corner having at least one radius segment extending between the fourth side and the first side and also extending from the first inner face to the second outer face to define a rounded shape of the fourth corner. (Each corner is shown in Figure 3a as extending between sides and being rounded. Figure 4 shows a continuous radius segment extending between the first and second face.) Claim 2 Krabichler teaches the plungeable cutting apparatus of claim 1, wherein the pre-selected leading angle is between 0° and 25°. (¶0042 teaches the lead angle is preselected to be around 10 degrees.) Claim 3 Krabichler teaches the plungeable cutting apparatus of claim 1, wherein the cutting edge is sized and configured so that the cutting edge has a maximum depth of cut that is no more than 4 mm and is greater than 0 mm (¶0030 teaches the depth of cut is less than 2.5mm) and wherein the pre-selected leading angle is between 0° and 30°.(¶0042 teaches the lead angle is preselected to be around 10 degrees.) Claim 4 Krabichler teaches the plungeable cutting apparatus of claim 1, wherein the cutting edge is sized and configured so that the cutting edge has a maximum depth of cut that is no more than 2 mm and is greater than 0 mm (¶0030 teaches the depth of cut is less than 2.5mm, which meets applicant’s claimed range. Applicant discloses no criticality to the claimed range, and in ¶0010 discusses less than 2mm as only an example depth.) and wherein the pre-selected leading angle is between 5° and 15°.(¶0042 teaches the lead angle is preselected to be around 10 degrees.) Claim 8 Krabichler teaches the plungeable cutting apparatus of claim 1, wherein the cutting edge is defined at an interface between the second outer face and one of the sides. (Figure 5 shows the cutting edge (5) is located at the border of the second outer face (the face opposite the one contacting the pocket in the tool (3)) which is an interface between said second face and the sides.) Claim 11 Krabichler teaches the plungeable cutting apparatus of claim 1, wherein the cutting edge includes at least one straight segment and/or at least one curved segment. (Figure 4 shows the cutting edge is curved.) Claim 12 Krabichler teaches the plungeable cutting apparatus of claim 1, wherein each of the cutting inserts have a double sided configuration. (Figure 4 shows the cutting insert has two sides.) Claim 22 Krabichler teaches the plungeable cutting apparatus of claim 1, wherein the at least one radius segment of the first corner includes a plurality of radial segments, the at least one radius segment of the second corner includes a plurality of radial segments, the at least one radius segment of the third corner includes a plurality of radial segments, and the at least one radius segment of the fourth corner includes a plurality of radial segments. (The claim does not indicate how the radius segments are distinct from one another (i.e. each having a length, different radius, or some kind of boundary between them). Figures 3a and 4 of the prior art show each corner of the cutting insert (2) is rounded and has a length between the start and end of the “corner”. These corners can interpreted as broken up into multiple segments, such as one segment extending the length from the start of the corner to the apex of the rounded area, then another extending from said apex to the other end of the corner.) Claim 23 Krabichler teaches the plungeable cutting apparatus of claim 1, wherein the at least one radius segment of the first corner includes a plurality of radial segments. (The claim does not indicate how the radius segments are distinct from one another (i.e. each having a length, different radius, or some kind of boundary between them). Figures 3a and 4 of the prior art show each corner of the cutting insert (2) is rounded and has a length between the start and end of the “corner”. These corners can interpreted as broken up into multiple segments, such as one segment extending the length from the start of the corner to the apex of the rounded area, then another extending from said apex to the other end of the corner.) Claims 1, 10 and 21-27 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ishi (US20120155976A1). Claim 1 Ishi teaches a plungeable cutting apparatus comprising: a cutting tool (20) having a body (Figure 4), the body of the cutting tool having an intermediate portion between a distal first end and a proximate second end (Figure 4), the body of the cutting tool having a plurality of projections positioned along a periphery of the distal first end (Figure 4 shows projections that have sockets (23) for the cutting inserts (2).); a plurality of cutting inserts (1), each of the cutting inserts attached to a respective one of the projections (Figure 4), each of the cutting inserts positioned to have a cutting edge that extends vertically from a lower end of the cutting edge to an upper end of the cutting edge along a pre-selected leading angle such that the upper end of the cutting edge is more outwardly positioned than the lower end of the cutting edge (Figure 4 shows the cutting edge (54) of the insert (1) is positioned such that the upper end is more outwardly positioned.); wherein each of the cutting inserts has a first inner face positioned to contact the respective one of the projections to which the cutting insert is attached and a second outer face opposite the first inner face (Figure 4 shows one face contacting the socket/pocket on the cutting tool (20) and an opposite face exposed.), each of the cutting inserts also having a plurality of sides and a plurality of corners (Figures 1 and 4 show that cutting inserts (1) have a plurality of sides and corners.), the plurality of sides and the plurality of corners including: a first side extending from the first inner face to the second outer face, a second side extending from the first inner face to the second outer face, a third side extending from the first inner face to the second outer face such that the second side extends between the first side and the third side, a fourth side extending from the first inner face to the second outer face such that the third side extends between the second side and the fourth side and the fourth side extends between the third side and the first side, the first side extending between the fourth side and the second side (Figure 2 shows the cutting inserts have sides extending between the faces of the insert. Although the cutting insert has 5 sides, Claim 1 is a comprising claim and four of the sides of the insert meet the claimed structure.); a first corner extending from the first inner face to the second outer face at an interface between the first side and the second side, the first corner having at least one radius segment extending between the first side and the second side and also extending from the first inner face to the second outer face to define a rounded shape of the first corner, a second corner extending from the first inner face to the second outer face at an interface between the second side and the third side, the second corner having at least one radius segment extending between the second side and the third side and also extending from the first inner face to the second outer face to define a rounded shape of the second corner, a third corner extending from the first inner face to the second outer face at an interface between the third side and the fourth side, the third corner having at least one radius segment extending between the third side and the fourth side and also extending from the first inner face to the second outer face to define a rounded shape of the third corner, and a fourth corner extending from the first inner face to the second outer face at an interface between the fourth side and the first side (Although the prior art cutting insert has 5 sides, the claim requires the corner to be located at an interface (located) between the fourth and first side. Ishi’s cutting insert has this structure.), the fourth corner having at least one radius segment extending between the fourth side and the first side and also extending from the first inner face to the second outer face to define a rounded shape of the fourth corner. (Each corner is shown in Figures 1-3 as extending between sides and being rounded. Figure 3a shows a plurality of continuous radius segments extending between the first and second face.) Claim 10 Ishi teaches the plungeable cutting apparatus of claim 1, wherein each of the cutting inserts is in a tilted position to provide positive raking. (Applicant defined positive ranking in new claim 24 as an angle between 0 and -20 degrees. The rake angle is also known as the radial angle in the prior art. Ishi ¶0062 describes a radial rake angle of -6 degrees.) Claim 21 Ishi teaches the plungeable cutting apparatus of claim 1, wherein each of the cutting inserts is in a tilted position to provide negative raking. (Figure 4 shows the cutting insert (1) is angled/tilted within the pocket of the holder (21) such that the upper portion is more forward than the lower portion. ¶0062 teaches the radial rake angle is between negative 6 degrees and 20 degrees.) Claim 22 Ishi teaches the plungeable cutting apparatus of claim 1, wherein the at least one radius segment of the first corner includes a plurality of radial segments, the at least one radius segment of the second corner includes a plurality of radial segments, the at least one radius segment of the third corner includes a plurality of radial segments, and the at least one radius segment of the fourth corner includes a plurality of radial segments. (Figure 2 shows a plurality of segments (41-44) make up each corner.) Claim 23 Ishi teaches the plungeable cutting apparatus of claim 1, wherein the at least one radius segment of the first corner includes a plurality of radial segments. (Figure 2 shows a plurality of segments (41-44) make up each corner.) Claim 24 Ishi teaches the plungeable cutting apparatus of claim 1, wherein each of the cutting inserts is in a tilted position that is tilted relative to a central horizontal axis of the cutting insert at a pre-selected angle of between less than 0° to -20° to provide positive raking such that a lower portion of the cutting insert is more forward than an upper portion of the cutting insert. (Applicant defines positive ranking as an angle between 0 and -20 degrees. The rake angle is also known as the radial rake angle in the prior art. Ishi ¶0062 describes a radial rake angle of -6 degrees. This radial rake angle described in Ishi means that the cutting insert is oriented as claimed.) Claim 25 Ishi teaches the plungeable cutting apparatus of claim 1, wherein each of the cutting inserts is in a tilted position that is tilted relative to horizontal to provide negative raking at a pre-selected angle of between greater than 0 degrees and 20 degrees such that an upper portion of the cutting insert is more forward than a lower portion of the cutting insert. (Applicant defines negative ranking as an angle between 0 and 20 degrees. The rake angle is also known as the radial rake angle in the prior art. Ishi ¶0062 describes a radial rake angle of 20 degrees. This radial rake angle described in Ishi means that the cutting insert is oriented as claimed.) Claim 26 Ishi teaches the plungeable cutting apparatus of claim 1, wherein each of the cutting inserts is in a tilted position that is tilted relative to a central horizontal axis of the cutting insert to provide positive raking such that a lower portion of the cutting insert is more forward than an upper portion of the cutting insert. (Applicant defines positive ranking as an angle between 0 and -20 degrees. The rake angle is also known as the radial rake angle in the prior art. Ishi ¶0062 describes a radial rake angle of -6 degrees. This radial rake angle described in Ishi means that the cutting insert is oriented as claimed.) Claim 27 Ishi teaches the plungeable cutting apparatus of claim 1, wherein each of the cutting inserts is in a tilted position that is tilted relative to horizontal to provide negative raking such that an upper portion of the cutting insert is more forward than a lower portion of the cutting insert. (Applicant defines negative ranking as an angle between 0 and 20 degrees. The rake angle is also known as the radial rake angle in the prior art. Ishi ¶0062 describes a radial rake angle of 20 degrees. This radial rake angle described in Ishi means that the cutting insert is oriented as claimed.) Claims 1 and 9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Michelet (US20250289068A1). Claim 1 Michelet teaches a plungeable cutting apparatus comprising: a cutting tool (30) having a body (Figure 4a), the body of the cutting tool having an intermediate portion between a distal first end and a proximate second end (Figure 4a), the body of the cutting tool having a plurality of projections positioned along a periphery of the distal first end (Figure 4a shows insert seats (34) positioned at the distal end.); a plurality of cutting inserts (1), each of the cutting inserts attached to a respective one of the projections (Figure 4a), each of the cutting inserts positioned to have a cutting edge that extends vertically from a lower end of the cutting edge to an upper end of the cutting edge along a pre-selected leading angle such that the upper end of the cutting edge is more outwardly positioned than the lower end of the cutting edge (Figure 4f shows the cutting edge (21a/b) of the insert (1) is positioned such that the upper end is more outwardly positioned.); wherein each of the cutting inserts has a first inner face positioned to contact the respective one of the projections to which the cutting insert is attached and a second outer face opposite the first inner face (Figure 4a-e show one face contacting the socket/pocket (34) on the cutting tool (30) and an opposite face exposed.), each of the cutting inserts also having a plurality of sides and a plurality of corners (Figures 1a-1f show that cutting inserts (13) have 4 sides and 4 corners.), the plurality of sides and the plurality of corners including: a first side extending from the first inner face to the second outer face, a second side extending from the first inner face to the second outer face, a third side extending from the first inner face to the second outer face such that the second side extends between the first side and the third side, a fourth side extending from the first inner face to the second outer face such that the third side extends between the second side and the fourth side and the fourth side extends between the third side and the first side, the first side extending between the fourth side and the second side (Figure 1a shows the cutting inserts have sides extending between the faces of the insert.); a first corner extending from the first inner face to the second outer face at an interface between the first side and the second side, the first corner having at least one radius segment extending between the first side and the second side and also extending from the first inner face to the second outer face to define a rounded shape of the first corner, a second corner extending from the first inner face to the second outer face at an interface between the second side and the third side, the second corner having at least one radius segment extending between the second side and the third side and also extending from the first inner face to the second outer face to define a rounded shape of the second corner, a third corner extending from the first inner face to the second outer face at an interface between the third side and the fourth side, the third corner having at least one radius segment extending between the third side and the fourth side and also extending from the first inner face to the second outer face to define a rounded shape of the third corner, and a fourth corner extending from the first inner face to the second outer face at an interface between the fourth side and the first side, the fourth corner having at least one radius segment extending between the fourth side and the first side and also extending from the first inner face to the second outer face to define a rounded shape of the fourth corner. (Each corner is shown in Figure 1a as extending between sides and being rounded. Figure 1a shows a continuous radius segment (12a-d) extending between the first and second face.) Claim 9 Michelet teaches plungeable cutting apparatus of claim 1, wherein each of the sides is tapered and/or each of the sides has at least one recess. (Figure 1a shows that each side of the cutting insert (1) has a portion that tapers down to a smaller cross sectional distance. Alternatively, each of the sides is either tapered or has a recess.) Response to Arguments Applicant’s arguments, see remarks, filed 08/21/2026, with respect to the rejection(s) of claim(s) 1 under 35 USC 102 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 as presented above. Applicant’s amendment to Claim 1 to introduce new subject matter regarding the radius segment is sufficient to overcome the previously presented rejection. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure can be found on the PTO-892 Notice of References Cited form. Document Date Description of Relevant Subject Matter US20120189396A1 2010-09-30 Figure 1 teaches a cutting insert (1) for a cutting tool that includes at least 4 sides, 4 corners, and a plurality of radial segments on each corner that extend between the front and rear face of the cutting insert. (Claims 1 and 22-23) The cutting edge (51) is located at the intersection of the face and the side. (Claim 8 and 11) Figure 9 shows the cutting insert is positioned on the cutting tool such that the cutting edge upper portion is more outwardly positioned (Claim 1) and that the cutting insert is positioned on the cutting tool with a positive raking. (Claim 10) US20140199127A1 2013-10-30 Figure 1 shows a cutting tool that has a plurality of cutting inserts (1) are positioned on the cutting tool such that the cutting edge upper portion is more outwardly positioned. Figures 9-14 show the insert has 4 sides, 4 corners, radial segments on the corners, and two faces. (Claims 1, 22-23) ¶0020 teaches the cutting insert has a negative radial rake angle. (Claims 21, 25 and 27) US20220250175A1 2021-12-06 Figure 3 shows a cutting insert for a cutting tool that has 4 sides, 4 corners, two faces, and a radial segment on each corner. Figure 7 shows the cutting insert is positioned on the cutting tool within a pocket at a distal end and is oriented such that an upper end of the cutting edge is more outwardly positioned (Claim 1). US20150190869A1 2015-01-07 Figure 7 shows each side of the cutting insert has a recess. (Claim 9) 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. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Michael W Hotchkiss whose telephone number is (571)272-3854. The examiner can normally be reached Monday-Friday from 0800-1600. 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, Sunil K Singh can be reached at 571-272-3460. 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. /MICHAEL W HOTCHKISS/Primary Examiner, Art Unit 3726