DETAILED ACTIONS
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
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 1-4 and 8 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Kim et al. (Korean Patent No.: KR 20100070584).
In reference to claim 1, Kim et al. discloses a diamond tool (100, Fig 1, Paragraph 3) combined with a processing apparatus to process a workpiece (workpiece; Fig. 1),
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the diamond tool comprising: a shank (10, Fig 4) having a through hole (12, Fig 4) through which grinding powder generated during processing the workpiece by the processing apparatus is discharged outside (holes, 12 are suitable for carrying out this claimed function); a segment (20, Fig 4) bonded to an end portion of the shank (see annotated Fig 4; Paragraph [0035]), the segment contacting and processing the workpiece (Paragraph [0029]); and an abrasion preventing part (25, Fig 4) disposed on an adjacent portion (see annotated Fig 4) among an outer surface of the shank adjacent to the through hole (12) to prevent abrasion of the outer surface (Paragraph [0041]) during the processing of the workpiece (workpiece; Paragraph [0013]).
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In reference to claim 2, Kim et al. discloses the diamond tool (100, Fig 1) wherein: the shank (10) has a cylindrical shape (see annotated Fig 4), in which a plurality of through holes (12, Fig 4) are spaced apart from each other along a perimeter of the shank (10), the segment (20, Fig 4) is bonded to an end portion of the shank (10) having the cylindrical shape, and the abrasion preventing part (25, Fig 4) is formed between adjacent ones of the through holes (12; Fig. 4).
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In reference to claim 3, Kim et al discloses the diamond tool (100, Fig 1), wherein: the shank (10) has a disk shape (see Fig 4), the shank includes a plurality of slots (17, Fig 5, Paragraph 3) separated apart from each other in a circumferential direction (see annotated Fig 5) of the shank and respectively connected to the through holes (12, Fig 5), the segment (20) is bonded to a peripheral portion of the shank having the disk shape Paragraph [0035]), and the abrasion preventing part (25, Fig 7b) includes a first laser fusion part (13, Fig 7b) formed in the circumferential direction (Fig. 7b).
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In reference to claim 4, Kim et al. discloses the diamond tool (100, Fig 1) wherein the abrasion preventing part (25, Fig 7b) further comprises: a second laser fusion part (11, Fig 7b) formed on a central portion of the shank (10); and a plurality of third laser fusion parts (see annotated Fig 7b) arranged between (see annotated Fig 7b) the first (13) and second (11) laser fusion parts.
In reference to claim 8, Kim et al. discloses a method of manufacturing a diamond tool (100, Fig 1, Paragraph 3), comprising: forming a shank (10) having a through hole (12, Fig 4) through which grinding power generated during processing a workpiece (workpiece, Paragraph [0013]) is discharged outside (holes, 12 are suitable for carrying out this claimed function); forming a segment (20, Fig 4) contacting and processing the workpiece; bonding the segment to the shank (Paragraph [0035])); and forming an abrasion preventing part (25, Fig 7) on a surface among an outer surface of the shank (10) adjacent to the through hole (12) (Paragraph [0041]) during the processing of the workpiece (workpiece; Paragraph [0013]).
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.
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 5-6 are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. (Korean Patent No.: KR 20100070584).
In reference to claim 5, Kim et al. discloses the diamond tool as disclosed in claim 3.
Kim further teaches a height of the abrasion preventing part but does not expressly disclose that the abrasion preventing part has a height substantially the same as or smaller than the segment with respect to an outer surface of the shank.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the height of the abrasion preventing part so that the segment may process the workpiece while the abrasion preventing part only contacts the workpiece, since such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art (MPEP 2144.04 Section IV, Part A)
In reference to claim 6, Kim et al. discloses the diamond tool as disclosed in claim 1. Kim et al. does not expressly disclose that the abrasion preventing part has a hardness in a range of about 50 HRB to about 120 HRB. Kim does mention the use of cobalt and iron to form the edge of the abrasion preventing part (Paragraph 3) which have hardness values that fall within 50-120 HRB. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the abrasion preventing part of Kim and use a material with a hardness range of about 50 HRB – 120 HRB, since it has been held to be
within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use of the shaft (MPEP 2144.07).
Claims 7 and 9-11 are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. (Korean Patent No.: KR 20100070584) in view of Zhang et al. (Chinese Patent No.: CN113151722A)
In reference to claim 7, Kim et al. discloses the diamond tool as disclosed in claim 1, wherein the abrasion preventing part (25, Fig 7b) is formed using cutting particles including diamond (Paragraph 44) and metal powder (Paragraph 44) as raw materials. Kim also discloses the use of a laser (Paragraph 4) which inherently has a wavelength, that passes through the diamond and melting the metal powder in order to bond the materials.
Kim et al. however, does not disclose of a laser printing process.
Zhang et al. discloses a method of manufacturing diamond enhanced metal based composite materials through a laser printing process (Zhang et al. lines 72-73) using a laser which inherently has a wavelength, passing through the diamond and melting the metal powder.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the manufacturing method of Kim et al. with the laser printing process of Zhang et al. since it is known in the art to use laser printing as a method of manufacturing a diamond enhanced metal-based material that is used to create a wear resistant diamond tool.
In reference to claim 9, Kim et al. discloses the method as disclosed in claim 8, and an abrasion preventing part (25, Fig 7b). Kim et al. does not disclose wherein the forming of the abrasion preventing part comprises laser printing performed by irradiating a laser beam on the outer surface of the shank and spraying cutting particles and metal powder having a smaller density than the cutting particles.
Zhang et al discloses a laser printing process (Zhang et al. lines 72-73) performed by irradiating a laser beam on the outer surface of the shank and spraying cutting particles (Zhang et al. lines 97-98) and metal powder (Zhang et al. lines 97-98) having a smaller density than the cutting particles (Zhang et al. lines 97-98).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the manufacturing method of Kim et al. with the laser printing process of Zhang et al. since it is known in the art to use laser printing as a method of manufacturing a diamond enhanced metal-based material such as an abrasion preventing part that is used to create a wear resistant diamond tool.
In reference to claim 10, Kim et al. discloses the method as disclosed in claim 9, but does not disclose wherein the laser printing uses a laser printing device comprises: a laser generating part; a transmitting part transmitting the laser generating part; and a cutting particle supplying part.
Zhang et al. discloses wherein the laser printing (Zhang et al. lines 72-73) uses a laser printing device that comprises: a laser generating part; a transmitting part transmitting the laser generating part; and a cutting particle supplying part (Zhang et al line 83). While Zhang et al. does not expressly disclose a laser generating part and a transmitting part transmitting the laser generating part, those components are inherent in a laser printing process.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the manufacturing method of Kim et al. with the laser printing process of Zhang et al. since it is known in the art to use laser printing as a method of manufacturing a diamond enhanced metal-based material that is used to create a wear resistant diamond tool.
In reference to claim 11, Kim discloses the method as disclosed in claim 10, that it is known in the art to use a laser generating part (Paragraph 2) to craft a diamond tool. Kim does not expressly disclose a transmission speed in a range of about 500 mm/min to about 2,000 mm/min, a laser pitch in a range of 0.1 mm to about 2.0 mm, and a power in a range of about 200 W to about 2,000 W for the laser.
Zhang et al. discloses laser printing (Zhang et al. lines 72-73) with the laser’s settings such as the power ranging 20W-1000W, and the scanning speed ranging 100mm/s -2000mm/s (Zhang et al. lines 78-81).
While Kim and Zhang et al. did not disclose the laser’s settings as specified in the claim, in order to achieve a high output, the speed, pitch and power of the laser can be adjusted. One of ordinary skill in the art would have had a reasonable expectation of success in modifying the laser of Kim and Zhang et al. to have a transmission speed, laser pitch and power in the claimed range, as it involves only adjusting the settings. Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the laser of Kim and Zhang et al. by making the transmission speed in a range of about 500 mm/min to about 2,000 mm/min, a laser pitch in a range of 0.1 mm to about 2.0 mm, and a power in a range of about 200 W to about 2,000 W as a matter of routine optimization since it has been held that where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation (MPEP 2144.05, Section II, Part A)
It would also have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the manufacturing method of Kim et al. with the laser printing process of Zhang et al. since it is known in the art to use laser printing as a method of manufacturing a diamond enhanced metal-based material that is used to create a wear resistant diamond tool.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TRISHA JOY UTULO FRANCISCO whose telephone number is (571) 272-1224. The examiner can normally be reached Monday-Friday 8-5.
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/T.U.F./Patent Examiner, Art Unit 3723
/KATINA N. HENSON/Primary Examiner, Art Unit 3723