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 .
Status of Claims
Claims 1-9 are examined in this office action of which claims 3-9 were amended in the preliminary amendment dated 8/3/23.
Claim Rejections - 35 USC § 103
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 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-2 and 4-9 are rejected under 35 U.S.C. 103 as being unpatentable over US 2020/0048747 A1 (as cited on IDS dated 8/3/23) of Michiuchi.
As to claims 1-2, Michiuchi discloses a cemented carbide containing first hard-phase particles containing WC, second hard-phase particles which contain carbonitride containing at least Ti and Nb, and a metallic binder phase containing an iron-group element (Michiuchi, paragraph [0013]), meeting the claim limitation a cemented carbide comprising a hard phase and a binder phase, wherein the hard phase has first hard phase grains and second hard phase grains, each of the first hard phase grains is composed of tungsten carbide. Michiuchi discloses where the second hard-phase particle includes a granular core portion and a peripheral portion which covers at least a part of the core portion (Michiuchi, paragraph [0013]), meeting a second hard phase grain includes a core portion and a rim portion that covers at least a portion of the core portion as peripheral is coextensive with rim. Michiuchi discloses where the core portion contains composite carbonitride expressed as Ti1-X-YNbXWYC1-ZNZ, where Y is not smaller than 0 and not greater than 0.05 and Z is not smaller than 0.3 and not greater than 0.6 and discloses a specific example where Ti0.8Nb0.17W0.03C0.45N0.55 (Michiuchi, paragraphs [0013] and [0034]) meeting the claim 1 limitation a composition of the core portion is represented by M1x1W1-x1C1-y1Ny1,the M1 is at least one metal element selected from a group consisting of a group 4 element, a group 5 element in a periodic table, chromium and molybdenum, as Ti is a group 4 element, Nb is a group 5 element, the Ti+Nb= 0.97 meeting where x1 is 0.70 or more and 1.00 or less, the y1 is 0 or more and 0.90 or less as N is 0.55 as well as the claim 2 limitation where x1 is 0.80 or more and 1.00 or less as this would equate to a W amount of 0-0.2 and the specific example meets this by disclosing an amount of 0.03.
While Michiuchi does not explicitly disclose the claim 1 limitation a composition of the rim portion is represented by M2x2W1-x2C1-y2Ny2, the M2 is at least one metal element selected from a group consisting of a group 4 element, a group 5 element in the periodic table, chromium and molybdenum, the x2 is 0.20 or more and less than 0.70 as in claim 1 and where x2 is 0.40 or more and less than 0.70 in claim 2, the y2 is 0 or more and 0.90 or less, it nevertheless discloses a specific example of Ti0.67Nb0.13W0.2C0.65N0.35 (Michiuchi, paragraph [0044]) which is close to the claimed composition for the rim and Michiuchi discloses where the peripheral portion is higher in content of W than the core portion (Michiuchi, paragraph [0044]), thus meaning that the composition of the rim disclosed in Michiuchi overlaps the claimed range as the core in Michiuchi has a composition of W of 0 0.05. As the peripheral (rim) must be greater than 0.05, this would encompass where W is between 0.3-0.8 (claim 1) and 0.3-0.6 (claim 2) as claimed and likewise this increase in W would result in a decrease in metal M2, overlapping that range as well. As the claimed ranges overlap or lie inside ranges disclosed by the prior art, a prima facie case of obviousness is established as it 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 to select the claimed composition over the prior art disclosure since the prior art teaches a cemented carbide excellent in resistance against reactivity with steel and excellent also in mechanical strength (Michiuchi, paragraph [0013]) throughout the disclosed ranges. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990) . See MPEP § 2144.05 I.
Michiuchi discloses where the binder contains an iron-group metal that is iron, cobalt or nickel (Michiuchi, paragraph [0046]), meeting the limitation where the binder phase includes at least one iron group element selected from a group consisting of iron, cobalt, and nickel. Michiuchi discloses where a grain size at 50% of a number-based cumulative distribution (D50) of the core portion can be made smaller, for example, to at most 1.5 μm (Michiuchi, paragraph [0054]), overlapping the claimed range of and a 50% cumulative number grain size of the second hard phase grains is 0.01 μm or more and 1.0 μm or less as in claim 1 and 0.01 μm or more and 0.5 μm or less as in claim 2 as the core portion is part of the second hard phase grains and as it is smaller than 1.5 μm, the overall hard phase grain size would also encompass the claimed range. “In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists.”, see MPEP § 2144.05(I).
As to claim 4, Michiuchi discloses where V, Cr, and Mo may only be contained as an impurity or trace element in the core portion and Michiuchi discloses examples where neither V nor Cr are contained (Michiuchi, paragraphs [0036] and Table 3), meeting the claim limitation wherein the cemented carbide does not include one or both of chromium and vanadium.
As to claims 5 and 7-8, Michiuchi discloses where a volume ratio of the core portion is preferably not lower than 2 volume % and not higher than 20 volume % (Michiuchi, paragraph [0020]), overlapping the claims 7 and 8 limitations of a content ratio of the second hard phase grains of the cemented carbide is 0.2 volume% or more and 3.0 volume% or less. Michiuchi discloses where the metallic binder phase is lower than 1 volume % (Michiuchi, paragraph [0047]), overlapping the claim 7 range of 0.5 volume% or more and 19.8 volume% or less. This means that the amount of the first hard phase would be 77 volume% - 97.8 volume% overlapping the claim 7 and 8 range of wherein a content ratio of the first hard phase grains of the cemented carbide is 80 volume% or more and 99 volume% or less. “In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists.”, see MPEP § 2144.05(I).
Further, as Michiuchi discloses where the second hard phase made up of the core portion is 2 – 20 volume%, this means that 80-98 volume% of the cemented carbide is other materials and thereby the second hard phase is existing dispersedly, meeting the claim 5 limitation.
As to claim 6, Michiuchi does not disclose wherein in the cemented carbide, the number of unit regions R in each of which a percentage of the number of the second hard phase grains with respect to a total number of the second hard phase grains in a total of 48 unit regions R is less than 0.5% or is more than 5% is 14 or less among the total of 48 unit regions R, and the total of 48 unit regions R are provided by arranging six unit regions R in a longitudinal direction and eight unit regions R in a lateral direction in an electron microscope image of the cemented carbide at an observation magnification of 10000x, each of the unit regions R being in a form of a square having each side of 1.5 μm. However, as noted above in the rejection of claim 1, Michiuchi discloses a patentably indistinct composition and Michiuchi discloses a substantially identical method of obtaining powders of composite carbonitride expressed as Ti1-X-YNbXWYC1-ZNZ including graphite, mixing these powders with WC and iron-group element powders, followed by granulating, pressing and sintering the powders at a temperature not lower than 1800° C. in an atmosphere containing nitrogen gas (Michiuchi, claim 11) matching the disclosed method of mixing the metal powders, WC powder, and graphite powder together, granulating the powders, molding and sintering in a mixed gas of nitrogen and carbon monoxide (Applicant’s specification, paragraphs [0099]-[0118]). As Michiuchi applies the substantially identical method to the patentably indistinct composition, a person of ordinary skill would expect the product to have the same properties of the number of unit regions R in each of which a percentage of the number of the second hard phase grains with respect to a total number of the second hard phase grains in a total of 48 unit regions R is less than 0.5% or is more than 5% is 14 or less among the total of 48 unit regions R. “Where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established.” In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977) (emphasis added), see MPEP § 2112.01(I).
As to claim 9, Michiuchi discloses where a cutting tool comprises the cemented carbide according to the disclosure (Michiuchi, paragraph [0005]).
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over US 2020/0048747 A1 (as cited on IDS dated 8/3/23) of Michiuchi in view of US 2013/0036866 A1 (as cited on IDS dated 7/18/24) of Tamura.
As to claim 3, Michiuchi discloses a cemented carbide containing first hard-phase particles containing WC (Michiuchi, paragraph [0013]). However, Michiuchi does not disclose 50% cumulative number grain size of the first hard phase grains is 0.1 μm or more and 1.5 μm or less.
Tamura relates to the same field of endeavor of cermets with complex carbonitrides, WC, and a binder of Co and Ni (Tamura, abstract). Tamura teaches using WC powder having an average particle size of 0.2 to 4.5 μm (Tamura, paragraph [0020] and Tamura teaches using specific WC powder having an average particle size of 1.3 μm (Tamura, paragraph [0023]), falling within the claimed range of 0.1 μm or more and 1.5 μm or less. Tamura teaches that if the average particle size of the WC powder is less than 0.2 μm, fracture resistance is lowered, while if it becomes large exceeding 4.5 μm, wear resistance is lowered (Tamura, paragraph [0020]).
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute a WC particle with a size of 1.3 μm as taught by Tamura into the cemented carbide disclosed by Michiuchi, thereby increasing fracture resistance and wear resistance (Tamura, paragraph [0020]).
Conclusion
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/JOSHUA S CARPENTER/Examiner, Art Unit 1733
/JOPHY S. KOSHY/Primary Examiner, Art Unit 1733
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