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 § 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) 1-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Birkmann et al. (US 2021/0402488 A1).
Re Claims 1 and 16, Birkmann discloses a cutting apparatus 10 comprising: a member having a holder 12; a cutting insert 14 attached to the holder 12, the cutting insert 14 including: a body having a top 24 and a bottom 68, the body have a plurality of sides (not labeled, see figures 2-4) and a plurality of corners 28, each of the sides extending from the top 24 to the bottom 68 and each of the corners 28 extending from the top 24 to the bottom 68, the sides including a first side, a second side, and a third side (see figure 2) and the corners 28 including a first corner 28, a second corner 28, and a third corner 28, the first corner 28 being between the first side and the second side, the second corner 28 being between the second side and the third side, and the third corner 28 being adjacent the third side; the top 24 of the body having a hump 40 positioned adjacent the first corner 28 and a rib (not labeled, see the figure below) positioned adjacent the first corner 28 such that the hump 40 positioned adjacent the first corner 28 is positioned between an outer edge 26 of the first corner 28 and the rib positioned adjacent the first corner 28 (Pars. 0046-0050 and 0065-0073, Figs. 1-13).
Re Claims 2, 3 and 17, Birkmann discloses the sides include a fourth side and the corners 28 include a fourth corner 28, the third corner 28 being between the third side and the fourth side and the fourth corner 28 being between the fourth side and the first side (See figures 2-4) and the top 24 of the body also has a hump 40 positioned adjacent the second corner 28 and a rib (not labeled, see the figure below) positioned adjacent the second corner 28 such that the hump 40 positioned adjacent the second corner 28 is positioned between an outer edge 26 of the second corner 28 and the rib positioned adjacent the second corner 28; a hump 40 positioned adjacent the third corner 28 and a rib (not labeled) positioned adjacent the third corner 28 such that the hump 40 positioned adjacent the third corner 28 is positioned between an outer edge 26 of the third corner 28 and the rib positioned adjacent the third corner 28; and a hump 40 positioned adjacent the fourth corner 28 and a rib positioned adjacent the fourth corner 28 such that the hump 40 positioned adjacent the fourth corner 28 is positioned between an outer edge 26 of the fourth corner 28 and the rib positioned adjacent the fourth corner 28 (Pars. 0046-0050 and 0065-0073, Figs. 1-13).
Re Claim 4, Birkmann discloses the bottom 68 of the body has a hump 40 positioned adjacent the first corner 28 and a rib (not labeled, see the figure below) positioned adjacent the first corner 28 such that the hump 40 positioned adjacent the first corner 28 is positioned between an outer edge 26 of the first corner 28 and the rib positioned adjacent the first corner 28; a hump 40 positioned adjacent the second corner 28 and a rib positioned adjacent the second corner such that the hump 40 positioned adjacent the second corner 28 is positioned between an outer edge 26 of the second corner 28 and the rib positioned adjacent the second corner 28; a hump 40 positioned adjacent the third corner 28 and a rib positioned adjacent the third corner 28 such that the hump 40 positioned adjacent the third corner 28 is positioned between an outer edge 26 of the third corner 28 and the rib positioned adjacent the third corner 28; and a hump 40 positioned adjacent the fourth corner 28 and a rib positioned adjacent the fourth corner 28 such that the hump 40 positioned adjacent the fourth corner 28 is positioned between an outer edge 26 of the fourth corner 28 and the rib positioned adjacent the fourth corner 28 (0046-0050; 0065-0073, and 0107, Figs. 1-13).
Re Claim 5, Birkmann discloses the top also has: an inner groove 50 and an outer groove 30 defined adjacent each of the sides 26, the inner groove 50 having a different radius than the outer groove 30 (Pars. 0076-0082, Figs. 1-4).
Re Claims 6 and 18, Birkmann discloses the top 24 also has: a first channel 58 defined adjacent a middle region of the first side; a second channel 58 defined adjacent a middle region of the second side; a third channel 58 defined adjacent a middle region of the third side; and a fourth channel 58 defined adjacent a middle region of the fourth side (Pars. 0088-0095, Figs. 2-4).
Re Claims 7 and 19, Birkmann discloses the top 24 also has: a first inner groove 50 and a first outer groove 30 defined to extend from adjacent the hump 40 positioned adjacent the first corner 28 to the first channel 58 and a second inner groove 50 and a second outer groove 30 defined to extend from adjacent the first channel 58 to adjacent the hump 40 positioned adjacent the second corner 28; a third inner groove 50 and a third outer groove 30 defined to extend from adjacent the hump 40 positioned adjacent the second corner 28 to the second channel 58 and a fourth inner groove 50 and a fourth outer groove 30 defined to extend from adjacent the second channel 58 to adjacent the hump 40 positioned adjacent the third corner 28; a fifth inner groove 50 and a fifth outer groove 30 defined to extend from adjacent the hump 40 positioned adjacent the third corner 28 to the third channel 58 and a sixth inner groove 50 and a sixth outer groove 30 defined to extend from adjacent the third channel 58 to adjacent the hump 40 positioned adjacent the fourth corner 28; and a seventh inner groove 50 and a seventh outer groove 30 defined to extend from adjacent the hump 40 positioned adjacent the fourth corner 28 to the fourth channel 58 and an eighth inner groove 50 and an eighth outer groove 30 defined to extend from adjacent the fourth channel 58 to adjacent the hump 40 positioned adjacent the first corner 28 (See figures 2-9).
Re Claims 8, 11 and 20, Birkmann discloses the top 24 and bottom 68 each have a tapered land 34 that extends along the first side adjacent a tapered cutting edge 26 that extends along the first side adjacent the top 24 and bottom 68, respectively, a tapered land 34 that extends along the second side adjacent a tapered cutting edge 26 that extends along the second side adjacent the top 24, a tapered land 34 that extends along the third side adjacent a tapered cutting edge 26 that extends along the third side adjacent the top 24 and bottom 68, respectively, and a tapered land 34 that extends along the fourth side adjacent a tapered cutting edge 26 that extends along the fourth side adjacent the top 24 and bottom 68, respectively (Pars. 0054-0059, Figs. 2-11).
Re Claim 9, Birkmann discloses the bottom 68 of the body has a hump 40 positioned adjacent the first corner 28 and a rib (not labeled, see the figure below) positioned adjacent the first corner 28 such that the hump 40 positioned adjacent the first corner 28 is positioned between an outer edge 26 of the first corner 28 and the rib positioned adjacent the first corner 28; a hump 40 positioned adjacent the second corner 28 and a rib positioned adjacent the second corner such that the hump 40 positioned adjacent the second corner 28 is positioned between an outer edge 26 of the second corner 28 and the rib positioned adjacent the second corner 28; a hump 40 positioned adjacent the third corner 28 and a rib positioned adjacent the third corner 28 such that the hump 40 positioned adjacent the third corner 28 is positioned between an outer edge 26 of the third corner 28 and the rib positioned adjacent the third corner 28; and a hump 40 positioned adjacent the fourth corner 28 and a rib positioned adjacent the fourth corner 28 such that the hump 40 positioned adjacent the fourth corner 28 is positioned between an outer edge 26 of the fourth corner 28 and the rib positioned adjacent the fourth corner 28; a first channel 58 defined adjacent a middle region of the first side; a second channel 58 defined adjacent a middle region of the second side; a third channel 58 defined adjacent a middle region of the third side; and a fourth channel 58 defined adjacent a middle region of the fourth side (0046-0050; 0065-0073, 008-0095 and 0107, Figs. 1-13).
Re Claim 10, Birkmann discloses the bottom 68 of the body has: a first inner groove 50 and a first outer groove 30 defined to extend from adjacent the hump 40 positioned adjacent the first corner 28 to the first channel 58 and a second inner groove 50 and a second outer groove 30 defined to extend from adjacent the first channel 58 to adjacent the hump 40 positioned adjacent the second corner 28; a third inner groove 50 and a third outer groove 30 defined to extend from adjacent the hump 40 positioned adjacent the second corner 28 to the second channel 58 and a fourth inner groove 50 and a fourth outer groove 30 defined to extend from adjacent the second channel 58 to adjacent the hump 40 positioned adjacent the third corner 28; a fifth inner groove 50 and a fifth outer groove 30 defined to extend from adjacent the hump 40 positioned adjacent the third corner 28 to the third channel 58 and a sixth inner groove 58 and a sixth outer groove 30 defined to extend from adjacent the third channel 58 to adjacent the hump 40 positioned adjacent the fourth corner 28; and a seventh inner groove 50 and a seventh outer groove 30 defined to extend from adjacent the hump 40 positioned adjacent the fourth corner 28 to the fourth channel 58 and an eighth inner groove 50 and an eighth outer groove 30 defined to extend from adjacent the fourth channel 58 to adjacent the hump 40 positioned adjacent the first corner 28 (Par. 0107, Figs. 2-9).
Re Claim 12, Birkmann discloses the third corner 28 is between the third side and the first side (see figure 2) and the top 24 of the body also has: a hump 40 positioned adjacent the second corner 28 and a rib (not labeled, see the figure below) positioned adjacent the second corner 4a such that the hump 11 positioned adjacent the second corner 28 is positioned between an outer edge 26 of the second corner 28 and the rib positioned adjacent the second corner 28; and a hump 40 positioned adjacent the third corner 28 and a rib positioned adjacent the third corner 28 such that the hump 40 positioned adjacent the third corner 28 is positioned between an outer edge 26 of the third corner 28 and the rib positioned adjacent the third corner 28 (0046-0050; 0065-0073, Figs. 1-4).
Re Claim 13, Birkmann discloses the body has a central aperture 32 and the top 24 has at least one seating surface defined adjacent a mouth that is in communication with the central aperture 32 (Par. 0052, Figs. 1-4).
Re Claim 14, Birkmann discloses the bottom 68 has at least one seating surface defined adjacent a mouth that is in communication with the central aperture 32 (Par. 0052, Figs. 1-6).
Re Claim 15, Birkmann discloses the body is rectangular in shape or rhombus in shape (See figures 2-4).
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Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Kaufmann et al. (US 2022/0097145 A1) discloses a cutting insert and cutting apparatus similar to the claimed cutting apparatus and cutting insert however, does not disclose the insert has identical top and bottom regions.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BAYAN SALONE whose telephone number is (571)270-7739. The examiner can normally be reached M-F 9-60 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Bryant can be reached at (571)272-4526. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BAYAN SALONE/Primary Examiner, Art Unit 3726
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