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 .
Claim Objections
Claims 16-17,19,21-26,28,29 are objected to because of the following informalities:
In line 8 of claim 16, the phrase “ the cutting attachment: should be amended to read - - the at least one cutting attachment- - in order to be consistent with the language at the beginning of the claim.
This same amendment needs to be done to the recitations of “the cutting attachment” in claims 17,19,21-26,28,29.
Appropriate correction is required.
Claim Rejections - 35 USC § 102
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) 16-19,21-30 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Neely et al. 20180103581.
Referring to claim 16, Neely discloses cutting tool, comprising: a holder body ( elements 524 and 526 combined) including a longitudinal blade guide (530) and at least one cutting attachment (550), the at least one cutting attachment including a blade holder (42); and a cutting element (see fig. 11, at 552) attached to the blade holder, the cutting element being formed of a more wear-resistant material than a material of the blade holder (see paragraph 0049, body is made of polymer, cutting element made of metal), the cutting element including at least one cutting edge extending along a cutting-edge side of the cutting attachment (see paragraph 0052), the at least one cutting edge merging into a cutting surface of the cutting element, the cutting surface being configured such that a cutting blade received in the longitudinal blade guide and the blade holder can be displaced along a cutting plane relative to the cutting surface of the cutting element.
Referring to claim 17, Neely discloses :the at least one cutting edge of the cutting element includes two cutting edges, one on each of two opposite longitudinal sides of the cutting element, and each of the two cutting edges extend along a respective cutting-edge side of the cutting attachment (cutting edges on each side of inserts 560a,560b and 560c).
Referring to claim 18, Neely discloses the two cutting edges of the cutting element extend in parallel to each other ( the cutting edges along insert 560a).
Referring to claim 19, Neely discloses the two cutting edges of the cutting element converge in a direction of a free end of the cutting attachment (the cutting edges along insert 560b and 560c).
Referring to claim 21, Neely discloses the cutting attachment includes a free end ( see tip or nose 43 as shown in fig. 1); and the cutting element includes a front surface facing toward the free end of the cutting attachment, and the front surface of the cutting element is at least partially covered by the cutting attachment transversely to a longitudinal extent of the cutting edge of the cutting element ( see fig. 10, ).
Referring to claim 22, Neely discloses (in embodiment shown in figures 1-3) the cutting attachment includes a free end (see tip or nose 43 as shown in fig. 1); the holder body includes a transition section forming a transition between the longitudinal blade guide and the cutting attachment, the transition section including a side face; and the cutting element (see fig. 3, end of cutting element 140 that is closes to 130) includes a rear end facing away from the free end of the cutting element, the rear end opposing the side face of the transition section.
Referring to claim 23, Neely discloses the cutting element (552) includes a flat connecting surface bonded by a cohesive bond to an opposite mating surface of the cutting attachment, the cohesive bond being a soldered, glued and/or welded bond (see paragraph 0051, can be glued or fused to body).
Referring to claim 24, Neely discloses the at least one cutting edge of the cutting element includes two cutting edges, one on each of two opposite longitudinal sides of the cutting element (see paragraph 0052),the two cutting edges of the cutting element converging in a direction of a free end of the cutting attachment, and the cutting element includes a cutting tip merging the two converging cutting edges (the cutting edges along insert 560b and 560c).
Referring to claim 25, Neely discloses the cutting element (552) is replaceably connected to the cutting attachment by at least one screw or bolt (se paragraph 0051, can be fastened to body).
Referring to claim 26, Neely discloses the cutting attachment (550) includes a cover section ( see cover section over finger 42a) disposed at a distance from the blade holder thereby defining a blade gap between the blade holder and the cover section; and wherein the cutting surface of the cutting element delimits the blade gap at least partially (see fig. 12).
Referring to claim 27, Neely discloses ( in embodiment shown in figures 3) the cover section (see cover section shown in figure 3) bears a further cutting element ( cutter element 142 that is opposite cutting element 140) adjacent the blade gap, the further cutting element being replaceably connected to the cover section (see paragraph 0036), the cutting element and the further cutting element being configured as identical parts ( see paragraph 0036 having cutting edges on each of the two opposite sides of the gap).
Referring to claim 28, Neely discloses the cutting attachment includes a cover section (see cover section over finger 42a) disposed at a distance from the blade by a connecting element disposed at a free end of the cutting attachment, thereby defining a blade gap between the blade holder and the cover section (see fig. 12).
Referring to claim 29, Neely discloses the cutting attachment with the cutting element attached thereto forms a first component (526) of the cutting attachment connected to a second component (526) of the cutting attachment including the longitudinal blade guide.
Referring to claim 30, Neely disclose in combination with a sickle bar for a combine cutter bar, a double-blade mower, a double-blade cutter bar, a bar mower, a hedge trimmer or a branch cutter (see paragraph 0062).
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) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Neely et al. 20180103581 in view of Burbock et al. 20200267897 .
Referring to claim 20, Neely does not disclose the cutting element is formed of tungsten carbide. Burbock teaches that tungsten carbide is a known material to use for cutting inserts (see paragraph 0027). Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date to modify the tool disclosed by Neely to have the cutting element formed of tungsten carbide in view of the teachings of Burbock, with a reasonable expectation of success as tungsten carbide is a known metal to make cutting elements.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GIOVANNA WRIGHT whose telephone number is (571)272-7027. The examiner can normally be reached M-F 8 am- 5 pm.
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/Giovanna Wright/ Primary Examiner, Art Unit 3672
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