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.
Claims 1 and 10-13 re rejected under 35 U.S.C. 102(a)(1) as being anticipated by (DE 102007036002) in view of Micjiwaki (US Pub. No. 2019/0299352).
Regarding claim 1, ‘002 discloses a cutting tool comprising: a holder having a rod shape extending from a front end toward a rear end and comprising: a front end surface located on a side of the front end; an upper surface extending from the front end surface toward the rear end; a lower surface located on an opposite side to the upper surface; a first side surface located between the upper surface and the lower surface and extending from the front end surface toward the rear end; a second side surface located on an opposite side to the first side surface (figure 1); and a pocket open to the front end surface, the upper surface, and the first side surface; a cutting insert (3) located in the pocket and comprising a cutting edge (figure 1); a sensor (5.2) located on an outer surface of the holder on a side of the front end and configured to detect a physical quantity of the holder (abstract); and a wiring member electrically connected to the sensor and extending from a side of the sensor toward the rear end (figure 1). ‘022 does not disclose the holder further comprising a groove open to both the lower surface and the second side surface and extending from the side of the front end toward the rear end, and the wiring member is located in the groove. Micjiwaki discloses a cutting tool having a sensor and wiring path on the tool body portion (40) (figures 1-5). Micjiwaki also discloses groove shaped recesses formed on the outer surface and wire runs through it (figure 29A/B and paragraph 255). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to run ‘022’s wire within a groove formed on the surface of the toolholder, as taught by Micjiwaki for the purpose of having reducing exposure, accidental severing of the wire and snagging. Furthermore, regarding claims 1, 10-12, it would have been obvious to one having ordinary skill in the art at the time the invention was made to choose any desired location for the path of the wire/groove on the hool holder depending on the convenient placement of it , since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70.
Claims 2-9 re rejected under 35 U.S.C. 102(a)(1) as being anticipated by (DE 102007036002) in view of Micjiwaki (US Pub. No. 2019/0299352) and as evidenced by Bohner et al. (USP 4,741,230).
Regarding claim 2, the modified device of ‘002 discloses the wiring member comprising a wiring conductor electrically connected to the sensor and extending from the side of the sensor toward the rear end (‘002, figure 1. ‘002 does not explicitly disclose having a holding member having a tubular shape, located in the groove, extending from the side of the front end toward the rear end, and holding the wiring conductor. Examiner takes Official notice that it is old and well known for wiring members to be in a covered enclosure to protect from any external factors, as evidenced by Bohner which discloses wires (22, 30, 37) being enclosed by a tubular connecting rod (60) (col. 5, lines 49-51).
Regarding claims 3-9, it would have been an obvious matter of design choice to make the different portions of the groove of whatever form or shape was desired or expedient depending on the size of the tool (hence availability of space), type of machining environment etc. 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. Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention was made to make the different portions of the groove of whatever form or shape was desired or expedient depending on the size of the tool (hence availability of space), type of machining environment etc.
Regarding claim 13, ‘022 is a turning therefore a method for manufacturing a machined product, the method comprising: rotating a workpiece; bringing the cutting tool into contact with the workpiece that is rotating, and cutting the workpiece; and
separating the cutting tool from the workpiece that has been cut.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SARA ADDISU at (571) 272-6082. The examiner can normally be reached on Monday - Friday 9:00 am - 5:00 pm (Mondays and Wednesday-Friday).
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sunil K. Singh can be reached on (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 an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/SARA ADDISU/Primary Examiner, Art Unit 3722 7/11/26
Prosecution Insights