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
Restriction to one of the following inventions is required under 35 U.S.C. 121:
I. Claims 1-12, drawn to a plungeable cutting apparatus, classified in B23C2220/56.
II. Claims 13-17, drawn to a cutting insert, classified in B23C2200/0461.
III. Claims 18-20, drawn to a process, classified in B23B1/00.
The inventions are independent or distinct, each from the other because:
Inventions I and II are directed to related products/apparatus. The related inventions are distinct if: (1) the inventions as claimed are either not capable of use together or can have a materially different design, mode of operation, function, or effect; (2) the inventions do not overlap in scope, i.e., are mutually exclusive; and (3) the inventions as claimed are not obvious variants. See MPEP § 806.05(j). In the instant case, the inventions as claimed have a materially different design including mutually exclusive structures such as Claim 1 requiring a body of a cutting tool having an intermediate portion between a distal first end a proximate second end that is not found in Claim 12; and Claim 12 requiring “a first inner face positioned to contact a projection of a body of a cutting tool to which the cutting insert is attachable and a second outer face opposite the first inner face; 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, and 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; 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, 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, 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, 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; a cutting edge defined at an interface between the second outer face and one of the sides” that Claim 1 does not. Furthermore, the inventions as claimed do not encompass overlapping subject matter and there is nothing of record to show them to be obvious variants.
Inventions I and III are related as process and apparatus for its practice. The inventions are distinct if it can be shown that either: (1) the process as claimed can be practiced by another and materially different apparatus or by hand, or (2) the apparatus as claimed can be used to practice another and materially different process. (MPEP § 806.05(e)). In this case the apparatus of Claim 1 can be used in a materially different process such as one that does not include “moving a cutting tool along a horizontal path of motion over a workpiece so that the cutting tool is stopped at multiple different plunging positions along the horizontal path so that, at each of the plunging positions, the cutting tool is rotated and moved vertically from an initial position into the workpiece to a pre-selected depth within the workpiece, each of the plunging positions being spaced apart from an immediately adjacent plunging position of the plunging positions by a pre-selected step over distance to provide a pre-selected depth of cut that is no more than 4 mm and is greater than 0 mm” as required by Claim 18.
Inventions II and III are related as process and apparatus for its practice. The inventions are distinct if it can be shown that either: (1) the process as claimed can be practiced by another and materially different apparatus or by hand, or (2) the apparatus as claimed can be used to practice another and materially different process. (MPEP § 806.05(e)). In this case the apparatus of Claim 13 can be used in a materially different process such as one that does not include “moving a cutting tool along a horizontal path of motion over a workpiece so that the cutting tool is stopped at multiple different plunging positions along the horizontal path so that, at each of the plunging positions, the cutting tool is rotated and moved vertically from an initial position into the workpiece to a pre-selected depth within the workpiece, each of the plunging positions being spaced apart from an immediately adjacent plunging position of the plunging positions by a pre-selected step over distance to provide a pre-selected depth of cut that is no more than 4 mm and is greater than 0 mm” as required by Claim 18.
Restriction for examination purposes as indicated is proper because all the inventions listed in this action are independent or distinct for the reasons given above and there would be a serious search and/or examination burden if restriction were not required because one or more of the following reasons apply:
The inventions as claimed have established a separate status in the art due to their divergent classification and subject matter. The search for each grouping requires mutually exclusive keyword and classification searches. There is also the potential for divergent prosecution between inventions.
Applicant is advised that the reply to this requirement to be complete must include (i) an election of an invention to be examined even though the requirement may be traversed (37 CFR 1.143) and (ii) identification of the claims encompassing the elected invention.
The election of an invention may be made with or without traverse. To reserve a right to petition, the election must be made with traverse. If the reply does not distinctly and specifically point out supposed errors in the restriction requirement, the election shall be treated as an election without traverse. Traversal must be presented at the time of election in order to be considered timely. Failure to timely traverse the requirement will result in the loss of right to petition under 37 CFR 1.144. If claims are added after the election, applicant must indicate which of these claims are readable upon the elected invention.
Should applicant traverse on the ground that the inventions are not patentably distinct, applicant should submit evidence or identify such evidence now of record showing the inventions to be obvious variants or clearly admit on the record that this is the case. In either instance, if the examiner finds one of the inventions unpatentable over the prior art, the evidence or admission may be used in a rejection under 35 U.S.C. 103 or pre-AIA 35 U.S.C. 103(a) of the other invention.
During a telephone conversation with Christopher Owens (Reg. 72806) on 06/11/2026 a provisional election was made to prosecute the invention of Group I, claims 1-12. Affirmation of this election must be made by applicant in replying to this Office action. Claims 13-20 are withdrawn from further consideration by the examiner, 37 CFR 1.142(b), as being drawn to a non-elected invention.
The examiner has required restriction between product or apparatus claims and process claims. Where applicant elects claims directed to the product/apparatus, and all product/apparatus claims are subsequently found allowable, withdrawn process claims that include all the limitations of the allowable product/apparatus claims should be considered for rejoinder. All claims directed to a nonelected process invention must include all the limitations of an allowable product/apparatus claim for that process invention to be rejoined.
In the event of rejoinder, the requirement for restriction between the product/apparatus claims and the rejoined process claims will be withdrawn, and the rejoined process claims will be fully examined for patentability in accordance with 37 CFR 1.104. Thus, to be allowable, the rejoined claims must meet all criteria for patentability including the requirements of 35 U.S.C. 101, 102, 103 and 112. Until all claims to the elected product/apparatus are found allowable, an otherwise proper restriction requirement between product/apparatus claims and process claims may be maintained. Withdrawn process claims that are not commensurate in scope with an allowable product/apparatus claim will not be rejoined. See MPEP § 821.04. Additionally, in order for rejoinder to occur, applicant is advised that the process claims should be amended during prosecution to require the limitations of the product/apparatus claims. Failure to do so may result in no rejoinder. Further, note that the prohibition against double patenting rejections of 35 U.S.C. 121 does not apply where the restriction requirement is withdrawn by the examiner before the patent issues. See MPEP § 804.01.
Claim Interpretation
Claim 1 requires “a plungeable cutting apparatus”. The prior art will be interpreted as suited for this intended use as long as it meets the remaining structural requirements of the claim.
Clam 1 requires “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”. The limitation “vertically” generally implies straight up and down along a Y-axis, but in this case the claim also requires the extension is at an angle. Therefore, the claim is interpreted as requiring the cutting edge to have a vertical location change along its length, instead of a solely vertical extension.
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 1-12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Dufour (US20230211424A1) based on the publication date of 2023-07-06.
Claim 1
Dufour teaches a plungeable cutting apparatus (¶0028) comprising: a cutting tool having a body (70), the body of the cutting tool having an intermediate portion (Figure 8) between a distal first end and a proximate second end (Figure 8), the body of the cutting tool having a plurality of projections (80) positioned along a periphery of the distal first end (Figure 8); a plurality of cutting inserts (10), each of the cutting inserts attached to a respective one of the projections (Figure 7), each of the cutting inserts positioned to have a cutting edge (24) 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 (Figure 9 shows the cutting edge (lower item 24) extends at an angle (α-L) and has a vertical component.) such that the upper end of the cutting edge is more outwardly positioned than the lower end of the cutting edge. (Figure 9 shows this orientation of the “ends” of the cutting edge (24).)
Claim 2
Dufour teaches the plungeable cutting apparatus of claim 1, wherein the pre-selected leading angle is between 0° and 25°. (Figure 9 teaches the lead cutting edge (24) has a lead angle. ¶0035 defines the angle as 5 to 40 degrees, or more specifically 12 to 22 degrees.)
Claim 3
Dufour 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 (Figures 3 and 9 show the height (HL) and the maximum depth of cut (ApMax) are measured to the same/similar locations on the cutter. ¶0037 teaches the height (HL) can be 0.5 to 3mm. Alternatively ¶0049 gives an example cutting depth of 1.00mm as selected by the operator (¶0034).) and wherein the pre-selected leading angle is between 0° and 30°. (Figure 9 teaches the lead cutting edge (24) has a lead angle. ¶0035 defines the angle as 5 to 40 degrees, or more specifically 12 to 22 degrees.)
Claim 4
Dufour 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 (Figures 3 and 9 show the height (HL) and the maximum depth of cut (ApMax) are measured to the same/similar locations on the cutter. ¶0037 teaches the height (HL) can be 0.5 to 3mm. Alternatively ¶0049 gives an example cutting depth of 1.00mm as selected by the operator (¶0034).) and wherein the pre-selected leading angle is between 5° and 15°.(Figure 9 teaches the lead cutting edge (24) has a lead angle. ¶0035 defines the angle as 5 to 40 degrees, or more specifically 12 to 22 degrees.)
Claim 5
Dufour teaches the plungeable cutting apparatus of claim 1, wherein each of the cutting inserts has a first inner face (14) positioned to contact the respective one of the projections (¶0029 “The rear seating surface 84 is configured to engage with the rear face 14 of the cutting insert 10”.) to which the cutting insert is attached (¶0029 “The rear seating surface 84 of the insert pocket 80 includes a threaded mounting hole 88 configured to receive a conventional mechanical fastener (not shown) to secure the cutting insert 10 in the insert pocket 80.”) and a second outer face (12) opposite the first inner face, each of the cutting inserts also having a plurality of sides (16) that extend from the first inner face to the second outer face. (Figure 5)
Claim 6
Dufour teaches the plungeable cutting apparatus of claim 1, wherein each of the cutting inserts has a first inner face (14) positioned to contact the respective one of the projections (¶0029 “The rear seating surface 84 is configured to engage with the rear face 14 of the cutting insert 10”.) to which the cutting insert is attached (¶0029 “The rear seating surface 84 of the insert pocket 80 includes a threaded mounting hole 88 configured to receive a conventional mechanical fastener (not shown) to secure the cutting insert 10 in the insert pocket 80.”) and a second outer face (12) opposite the first inner face, each of the cutting inserts also having a plurality of sides (16) and a plurality of corners (35 and 60), 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, and 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 (Figures 1-6 illustrate the insert (10) as a rounded square in cross section having four sides (16) extending between the front (12) and rear (14) face.), the first side extending between the fourth side and the second side; and 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, 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, 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, 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. (Figures 1-6 illustrate the insert (10) as having four corners (35 and 60) positioned between the four sides (16).)
Claim 7
Dufour teaches the plungeable cutting apparatus of claim 6, wherein each corner of the plurality of corners has at least one radius segment. (Figures 1-6 show the corners (35 and 60) have a rounded portion.)
Claim 8
Dufour teaches the plungeable cutting apparatus of claim 1, wherein each of the cutting inserts has a first inner face (14) positioned to contact the respective one of the projections (¶0029 “The rear seating surface 84 is configured to engage with the rear face 14 of the cutting insert 10”.) to which the cutting insert is attached (¶0029 “The rear seating surface 84 of the insert pocket 80 includes a threaded mounting hole 88 configured to receive a conventional mechanical fastener (not shown) to secure the cutting insert 10 in the insert pocket 80.”) and a second outer face (12) opposite the first inner face, each of the cutting inserts also having a plurality of sides (16) that extend from the first inner face to the second outer face (Figures 1-6); and wherein the cutting edge (24) is defined at an interface between the second outer face and one of the sides. (Figure 1 teaches the cutting edge (20) is formed at an interface between the outer face (12) and the sides (16).)
Claim 9
Dufour teaches the 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 4 shows a cross sectional view of the sides (16) where there are multiple angled surfaces that can be considered tapered. See also Figure 5.)
Claim 10
Dufour teaches the plungeable cutting apparatus of claim 1, wherein each of the cutting inserts is in a tilted position to provide positive raking or negative raking. (Figures 7 and 9 show the insert as being attached to the tool in a tilted position, satisfying the structural requirements of the claim.)
Claim 11
Dufour 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 3 shows the cutting edge (20) includes a straight segment (24) and a curves segment (22) (¶0022).)
Claim 12
Dufour teaches the plungeable cutting apparatus of claim 1, wherein each of the cutting inserts have a double sided configuration. (Figures 1-6 show the insert(s) (10) have two sides that have cutting edges (20). This is a double sided configuration.)
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 form.
Document
Date
Description of Relevant Subject Matter
US20070269278A1
2007-05-21
A plungeable cutting apparatus (¶0024 “cutter”) comprising: a cutting tool having a body (hatched area shown in Figure 2), the body of the cutting tool having an intermediate portion between a distal first end and a proximate second end (Figure 2), the body of the cutting tool having a plurality of projections (Figure 2) positioned along a periphery of the distal first end; a plurality of cutting inserts (¶0024 / Item 100), each of the cutting inserts attached to a respective one of the projections (Figure 2), 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 2)
US20100150671A1
2009-11-16
A plungeable cutting apparatus (1) comprising: a cutting tool having a body (1), the body of the cutting tool having an intermediate portion (Figure 1) between a distal first end and a proximate second end (Figure 1), the body of the cutting tool having a plurality of projections (3) positioned along a periphery of the distal first end (Figure 1); a plurality of cutting inserts (2), each of the cutting inserts attached to a respective one of the projections (Figure 1 / ¶0033), 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 2, angle K is such that the top of the cutting edge is more outwardly positioned.)
US20130156515A1
2012-05-07
A plungeable cutting apparatus (100) comprising: a cutting tool having a body (110), the body of the cutting tool having an intermediate portion (Figure 1A) between a distal first end (102) and a proximate second end (104), the body of the cutting tool having a plurality of projections (106) positioned along a periphery of the distal first end (Figure 1A); a plurality of cutting inserts (20, 130), each of the cutting inserts attached to a respective one of the projections (Figure 1A), 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 1A and 2A show the cutting insert (20, 130) has a shape such that outermost surface of the cutting edge is located more outward than the lower end of the cutting insert.)
US20200246883A1
2018-05-22
A plungeable cutting apparatus (3) comprising: a cutting tool having a body (3), the body of the cutting tool having an intermediate portion (Figure 4) between a distal first end and a proximate second end (Figure 4), the body of the cutting tool having a plurality of projections (Figure 4) positioned along a periphery of the distal first end (Figure 4); 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, Kth is the theoretical lead angle and Figure 2, Keff is the effective lead angle. Both angles show the cutting insert having a cutting edge is more outwardly positioned at the top in the vertical direction.)
US20110027025A1
2009-04-08
A plungeable cutting apparatus (1) comprising: a cutting tool having a body (1), the body of the cutting tool having an intermediate portion (1B) between a distal first end and a proximate second end (Figure 2), the body of the cutting tool having a plurality of projections (3) positioned along a periphery of the distal first end (Figure 2); a plurality of cutting inserts (10), each of the cutting inserts attached to a respective one of the projections (Figure 2), 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 5 shows the cutting edge (14) is oriented such that the top (15) of the cutting edge is more outwardly positioned than the bottom (16).)
US20230211424A1
2023-07-06 (common assignee)
A plungeable cutting apparatus (¶0028) comprising: a cutting tool having a body (70), the body of the cutting tool having an intermediate portion (Figure 8) between a distal first end and a proximate second end (Figure 8), the body of the cutting tool having a plurality of projections (80) positioned along a periphery of the distal first end (Figure 8); a plurality of cutting inserts (10), each of the cutting inserts attached to a respective one of the projections (Figure 7), 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. (Figures 7 and 8 teach the lead cutting edge (24) has a lead angle of 5 to 40 degrees, or more specifically 12 to 22 degrees (¶0035).)
¶0034 teaches the cutting depth is selected by the operator.
¶0049 teaches an example cutting depth of 1mm
US20090285646A1
2009-04-08
A plungeable cutting apparatus (1) comprising: a cutting tool having a body (1), the body of the cutting tool having an intermediate portion (Figure 1) between a distal first end and a proximate second end (Figure 1), the body of the cutting tool having a plurality of projections (5) positioned along a periphery of the distal first end (Figure 1); a plurality of cutting inserts (2), each of the cutting inserts attached to a respective one of the projections (Figure 1), 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 2, angle K is such that the top of the cutting edge is more outwardly positioned.)
US20260077410A1
2023-08-31
A plungeable cutting apparatus (50) comprising: a cutting tool having a body (51), the body of the cutting tool having an intermediate portion (Figure 5a) between a distal first end (51b)and a proximate second end (51a), the body of the cutting tool having a plurality of projections (54) positioned along a periphery of the distal first end (Figure 5a); a plurality of cutting inserts (1), each of the cutting inserts attached to a respective one of the projections (Figure 5a), 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 5f teaches the angle of the cutting edge (21) is “very close to 90 degrees” (¶0130) and is shown as less than 90.)
US20140161545A1
2012-06-08
A plungeable cutting apparatus (Figure 7) comprising: a cutting tool having a body (15), the body of the cutting tool having an intermediate portion (Figure 7) between a distal first end (Figure 7)and a proximate second end (Figure 7), the body of the cutting tool having a plurality of projections (15a) positioned along a periphery of the distal first end (Figure 7); a plurality of cutting inserts (1), each of the cutting inserts attached to a respective one of the projections (Figure 10), 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 10 shows the insert oriented such that the cutting edge has the structure as claimed. Figure 14(a) shows the lead angle (K3) is preselected (¶0129 teaches the range is from 12 to 30 degrees).)
US20250289068A1
2025-03-11
A plungeable cutting apparatus (Figure 4a) comprising: a cutting tool having a body (30), the body of the cutting tool having an intermediate portion (Figure 4a) between a distal first end (Figure 4a)and a proximate second end (Figure 4a), the body of the cutting tool having a plurality of projections (34) positioned along a periphery of the distal first end (Figure 4a); 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 an entering angle Kf that is “very close to 90” (¶0196) but is clearly less than 90.)
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.
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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.
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/MICHAEL W HOTCHKISS/Primary Examiner, Art Unit 3726
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