Prosecution Insights
Last updated: October 02, 2026
Application No. 19/041,277

CUTTING INSERT AND CUTTING TOOL

Non-Final OA §102§112
Filed
Jan 30, 2025
Priority
Mar 12, 2024 — JP 2024-038165
Examiner
COZART, JERMIE E
Art Unit
Tech Center
Assignee
TUNGALOY Corporation
OA Round
1 (Non-Final)
84%
Grant Probability
Favorable
1-2
OA Rounds
11m
Est. Remaining
87%
With Interview

Examiner Intelligence

Grants 84% — above average
84%
Career Allowance Rate
779 granted / 927 resolved
+24.0% vs TC avg
Minimal +3% lift
Without
With
+3.2%
Interview Lift
resolved cases with interview
Typical timeline
2y 7m
Avg Prosecution
26 currently pending
Career history
943
Total Applications
across all art units

Statute-Specific Performance

§101
0.4%
-39.6% vs TC avg
§103
32.4%
-7.6% vs TC avg
§102
29.2%
-10.8% vs TC avg
§112
32.4%
-7.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 927 resolved cases

Office Action

§102 §112
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 . Specification The disclosure is objected to because of the following informalities: On page 10, [0035], line 3, “14” in its second occurrence has been changed to - -14A- -. Appropriate correction is required. Claim Rejections - 35 USC § 112 The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claims 1-9 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. In claim 1, line 5, it is unclear as to what is meant by “a shorter direction”. Appropriate correction is required. The term “substantially” in claim 4 is a relative term which renders the claim indefinite. The term “substantially” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. The contour shape of the first and second end surface is described as substantially parallelogram in the claim, however, it is unclear as to what is meant by substantially parallelogram. The end surfaces should be either in the form of a parallelogram or not in the form of a parallelogram. 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) 1-9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hecht (US 2014/01999128 A1). Regarding claim 1, Hecht discloses a cutting insert (112; Fig. 1), comprising a first end surface (FES), a second end surface (SES), and a peripheral side surface (PSS) that connects the first end surface (FES) and the second end surface (SES) and includes a cutting edge (122), wherein: a contour shape of each of the first end surface (FES) and the second end surface (SES) has a longitudinal direction (I) and a shorter direction (L); and a rake surface (RS) is provided in at least a portion of the peripheral side surface (PSS), the rake surface (RS) facing the longitudinal direction (I) of each of the first end surface (FES) and the second end surface (SES). [AltContent: textbox (FES)][AltContent: arrow] [AltContent: textbox (SES)][AltContent: arrow] PNG media_image1.png 134 305 media_image1.png Greyscale [AltContent: textbox (PSS)][AltContent: arrow][AltContent: textbox (RS)][AltContent: arrow] PNG media_image2.png 325 548 media_image2.png Greyscale Regarding claim 2, Hecht discloses wherein the rake surface (RS) is provided in at least a portion of the peripheral side surface (PSS) on one side and a portion of the peripheral side surface (PSS) on the other side along the longitudinal direction (I) of each of the first end surface (FES) and the second end surface (SES). Regarding claim 3, Hecht discloses wherein the cutting insert (112; Fig. 2) is 180- degrees rotationally symmetrical in a plan view as viewed in a direction orthogonal to the first end surface (FES). Regarding claim 4, Hecht discloses wherein a contour shape of each of the first end surface (FES) and the second end surface (SES) is a substantially parallelogram shape (see Fig. 2) having a longitudinal direction (I) and a shorter direction (L). Regarding claim 5, Hecht discloses wherein the cutting insert is formed in a mirror-symmetrical shape in a front view as viewed in a direction orthogonal to the first end surface. Regarding claim 6, Hecht discloses wherein the cutting insert (112) comprises at least one irregularly-formed part (136) formed in an irregular shape, the irregularly-formed part (136) being provided at a portion of the peripheral side surface (PSS) that intersects with the shorter direction (L) of each of the first end surface (FES) and the second end surface (SES). Regarding claim 7, Hecht discloses wherein the rake surface (RS) is located so as to be spaced on an inner side away from a straight line that circumscribes the peripheral side surface (PSS) along the longitudinal direction (I) of the first end surface (FES). Regarding claim 8, Hecht discloses a cutting tool (100; Fig. 1) comprising the cutting insert (112), and a holder (102) on which the cutting insert (112) is held. Regarding claim 9, Hecht discloses wherein the cutting insert (112) is held at a leading-end part of the holder (102) in a state in which the cutting insert (112) protrudes outwardly (see Fig. 1) along a longitudinal direction of the holder (102), and the cutting insert (112) has a rake surface (RS) at a leading-end part thereof in a longitudinal direction, the rake surface (RS) facing the longitudinal direction. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The references listed on the attached PTO-892 are cited to show cutting inserts and holders. Any inquiry concerning this communication or earlier communications from the examiner should be directed to JERMIE E COZART whose telephone number is (571)272-4528. The examiner can normally be reached Monday - Friday 8:30am - 7:00pm. 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 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. /JERMIE E COZART/Primary Examiner, Art Unit 3799 September 3, 2026
Read full office action

Prosecution Timeline

Jan 30, 2025
Application Filed
Sep 08, 2026
Non-Final Rejection mailed — §102, §112 (current)

Precedent Cases

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
84%
Grant Probability
87%
With Interview (+3.2%)
2y 7m (~11m remaining)
Median Time to Grant
Low
PTA Risk
Based on 927 resolved cases by this examiner. Grant probability derived from career allowance rate.

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