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
This Non-Final Office Action is in response to the application papers filed on 11 December 2023.
Claim(s) 1-20 is/are pending.
Information Disclosure Statement
The information disclosure statement filed 20 December 2023 fails to comply with the provisions of 37 CFR 1.97, 1.98 and MPEP § 609 because there is no signature.
It has been placed in the application file, but the information referred to therein has not been considered as to the merits. Applicant is advised that the date of any re-submission of any item of information contained in this information disclosure statement or the submission of any missing element(s) will be the date of submission for purposes of determining compliance with the requirements based on the time of filing the statement, including all certification requirements for statements under 37 CFR 1.97(e). See MPEP § 609.05(a).
Claim Objections
Claim(s) 1 is/are objected to because of the following informality(ies):
(A) At line 8: “the diamond body wherein the diamond body” is suggested to be: the diamond body, wherein the diamond body. Appropriate correction is required.
Claim(s) 10 is/are objected to because of the following informality(ies):
(A) At lines 4-5: “and a second region” is suggested to be: and [[a]]the second region. Appropriate correction is required.
(B) At line 8: “porosity..” is suggested to be: porosity.
Claim(s) 16 is/are objected to because of the following informality(ies):
(A) At last line: “a wearing surface” is suggested to be: [[a]]the wearing surface. Appropriate correction is required.
Claim(s) 20 is/are objected to because of the following informality(ies):
(A) At line 2: “diamonds with substantially” is suggested to be: [[with]]and is substantially. 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.
Claim(s) 1-20 is/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.
(A) Regarding Claim(s) 1:
Claim(s) 1 recite(s): binder/catalyst. The most relevant portion(s) of the specification and/or drawings, found by the Office, at page7, second paragraph, discloses the term “non-catalyst binder” while page 19, first paragraph discloses the same claimed phrase, “binder/catalyst,” and “binder catalyst.” Thus, claim(s) 1 is/are rendered indefinite because the meaning and/or scope of the claim is unclear. Specifically, a binder can be either a catalyst or non-catalyst. As a result, it is unclear if the claim is reciting a binder catalyst or non-catalyst binder. Therefore, the language of the claim is such that one of ordinary skill in the art could not reasonably ascertain the metes and bounds of the claims, when construed in light of the specification, before the effective filing date of the claimed invention.
For the purposes of examination, the Office will consider a prior art reference disclosing, teaching or suggesting either binder catalyst or non-catalyst binder to be pertinent to the relevant claim limitation(s).
(B) Claim(s) 2-9 is/are rejected due to inheriting the deficiency(ies) raised with regard to claim 1.
(C) Regarding Claim(s) 10:
Claim(s) 10 recite(s): binder/catalyst. The most relevant portion(s) of the specification and/or drawings, found by the Office, at page7, second paragraph, discloses the term “non-catalyst binder” while page 19, first paragraph discloses the same claimed phrase, “binder/catalyst,” and “binder catalyst.” Thus, claim(s) 10 is/are rendered indefinite because the meaning and/or scope of the claim is unclear. Specifically, a binder can be either a catalyst or non-catalyst. As a result, it is unclear if the claim is reciting a binder catalyst or non-catalyst binder. Therefore, the language of the claim is such that one of ordinary skill in the art could not reasonably ascertain the metes and bounds of the claims, when construed in light of the specification, before the effective filing date of the claimed invention.
For the purposes of examination, the Office will consider a prior art reference disclosing, teaching or suggesting either binder catalyst or non-catalyst binder to be pertinent to the relevant claim limitation(s).
(D) Claim(s) 11-15 is/are rejected due to inheriting the deficiency(ies) raised with regard to claim 10.
(E) Regarding Claim(s) 16:
Claim(s) 16 recite(s): binder/catalyst. The most relevant portion(s) of the specification and/or drawings, found by the Office, at page7, second paragraph, discloses the term “non-catalyst binder” while page 19, first paragraph discloses the same claimed phrase, “binder/catalyst,” and “binder catalyst.” Thus, claim(s) 16 is/are rendered indefinite because the meaning and/or scope of the claim is unclear. Specifically, a binder can be either a catalyst or non-catalyst. As a result, it is unclear if the claim is reciting a binder catalyst or non-catalyst binder. Therefore, the language of the claim is such that one of ordinary skill in the art could not reasonably ascertain the metes and bounds of the claims, when construed in light of the specification, before the effective filing date of the claimed invention.
For the purposes of examination, the Office will consider a prior art reference disclosing, teaching or suggesting either binder catalyst or non-catalyst binder to be pertinent to the relevant claim limitation(s).
(F) Claim(s) 17-20 is/are rejected due to inheriting the deficiency(ies) raised with regard to claim 16.
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) 1-8, 10-13, 15-18, and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US Patent Application Publication No. 20130146368 to Voronin (hereinafter “VORONIN”).
(A) Regarding Claim 1:
VORONIN discloses:
A superabrasive compact (Fig. 1), comprising:
a diamond body (14), wherein the diamond body comprises:
a first phase comprising a binderless intercrystalline diamond-to-diamond bonded matrix extending throughout the diamond body (para. 0049: Region 322 includes a material microstructure consisting essentially of the plurality of bonded together diamond crystals/particles 324, forming the intercrystalline diamond matrix first phase); and
a second phase comprising a binder/catalyst within interstitial regions of intercrystalline bonded diamond matrix (para. 0051: cobalt may be used as an infiltrant material);
wherein the first phase is substantially free of the binder/catalyst material (para. 0017: the second region is substantially free of the infiltrant material);
a metallic substrate (12) in direct contact with the diamond body (14) wherein the diamond body includes a first region (14a) comprising the catalyst/binder material and a second region (14b) is substantially free of the binder/catalyst, and wherein the second region is positioned along a wear surface (i.e. top of the region 14b) of the superabrasive compact.
(B) Regarding Claim 2:
VORONIN further discloses:
the binder/catalyst material comprises cobalt (para. 0051: cobalt may be used as an infiltrant material).
(C) Regarding Claim 3:
VORONIN further discloses:
the second region (14b, Fig. 1) is substantially free of porosity (para. 0044: 1 to 4 percent by volume).
(D) Regarding Claim 4:
VORONIN further discloses:
the metallic substrate comprises a metal carbide (para. 0056: a tungsten carbide).
(E) Regarding Claim 5:
VORONIN further discloses:
the metal carbide comprises tungsten carbide (para. 0056: a tungsten carbide).
(F) Regarding Claim 6:
VORONIN further discloses:
second region is substantially free of metal (para. 0017: the second region is substantially free of the infiltrant material).
(G) Regarding Claim 7:
VORONIN further discloses:
the metal comprises a catalyst (para. 0051: cobalt may be used as an infiltrant material).
(H) Regarding Claim 8:
VORONIN further discloses:
the catalyst comprises cobalt (para. 0051: cobalt may be used as an infiltrant material).
(I) Regarding Claim 10:
VORONIN discloses:
A superabrasive compact, comprising:
a diamond body (14, Fig. 1) comprising:
a first region (14a);
a second region (14b), wherein the first region comprises a catalyst/binder material (para. 0051: cobalt may be used as an infiltrant material) and a second region is substantially free of the binder (para. 0017: the second region is substantially free of the infiltrant material), and wherein the second region is positioned along a wear surface (i.e. the top of region 14b) of the superabrasive compact, wherein the second region is substantially free of porosity (para. 0044: 1 to 4 percent by volume) and comprises a binderless polycrystalline diamond material (para. 0049: Region 322 includes a material microstructure consisting essentially of the plurality of bonded together diamond crystals/particles 324, forming the intercrystalline diamond matrix first phase).
(J) Regarding Claim 11:
VORONIN further discloses:
second region is substantially free of metal (para. 0017: the second region is substantially free of the infiltrant material).
(K) Regarding Claim 12:
VORONIN further discloses:
the metal comprises a catalyst (para. 0051: cobalt may be used as an infiltrant material).
(L) Regarding Claim 13:
VORONIN further discloses:
the catalyst comprises cobalt (para. 0051: cobalt may be used as an infiltrant material).
(M) Regarding Claim 15:
VORONIN further discloses:
a diamond body (12), wherein the diamond body comprises:
a first phase comprising a binderless intercrystalline diamond-to-diamond bonded matrix extending throughout the diamond body (para. 0049: Region 322 includes a material microstructure consisting essentially of the plurality of bonded together diamond crystals/particles 324, forming the intercrystalline diamond matrix first phase); and
a second phase comprising a binder/catalyst within interstitial regions (42) of intercrystalline bonded diamond matrix (para. 0051: cobalt may be used as an infiltrant material).
(N) Regarding Claim 16:
VORONIN discloses:
A superabrasive compact, comprising:
a diamond body (14, Fig. 1), wherein the diamond body comprises:
a first phase comprising a binderless intercrystalline diamond-to-diamond bonded matrix extending throughout the diamond body (para. 0049: Region 322 includes a material microstructure consisting essentially of the plurality of bonded together diamond crystals/particles 324, forming the intercrystalline diamond matrix first phase); and
a second phase comprising a binder within interstitial regions of intercrystalline bonded diamond matrix (para. 0051: cobalt may be used as an infiltrant material);
a metallic substrate (12) in direct contact with the diamond body, wherein the diamond body includes a first region (14a) and a second region (14b), and wherein the second region is positioned along a wear surface (i.e. the top of region 14b) of the superabrasive compact, wherein the second region is substantially free of porosity (para. 0044: 1 to 4 percent by volume) and has substantially binderless intercrystalline diamond- to-diamond bonded matrix from a wearing surface.
(O) Regarding Claim 17:
VORONIN further discloses:
The metallic substrate comprises carbide (para. 0056: a tungsten carbide).
(P) Regarding Claim 18:
VORONIN further discloses:
The metallic substrate comprises tungsten carbide (para. 0056: a tungsten carbide).
(Q) Regarding Claim 20:
VORONIN further discloses:
the second region (14b, Fig. 1) comprises a plurality of diamonds with substantially free of metal (para. 0049: Region 322 includes a material microstructure consisting essentially of the plurality of bonded together diamond crystals/particles 324, forming the intercrystalline diamond matrix first phase and para. 0017: the second region is substantially free of the infiltrant material).
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.
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.
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over VORONIN, as applied to claim 1 above, in view of U.S. Patent No. 7998573 to Qian et al. (hereinafter “QIAN”).
(A) Regarding Claim 9:
VORONIN teaches:
A first region (14a, Fig. 1) with an amount of catalyst/binder material (para. 0051: cobalt may be used as an infiltrant material) and a second region (14b) substantially free of catalyst/binder material (para. 0017: the second region is substantially free of the infiltrant material).
However, the difference between VORONIN and the claimed invention is that VORONIN does not explicitly teach an amount of catalyst/binder material within the first region of the body continuously increases with distance from the second region.
QIAN teaches:
A first region and a second region meet at an interface, wherein the amount of catalyst/binder material increases from the transition region toward the substrate (col. 9, ll. 50-55 and col. 10, ll. 4-8), wherein the second region is substantially free of the catalyst/binder (col. 9, ll. 65-67).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to continuously increase the amount of catalyst/binder material within the first region toward the substrate, as taught by QIAN, in order to reduce the amount of catalyst/binder material in the diamond body and thereby achieve the predictable result of increasing the thermal stability of the diamond body (QIAN col. 2, ll. 7-11).
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over VORONIN, as applied to claim 10 above, in view of QIAN.
(A) Regarding Claim 14:
VORONIN teaches:
A first region (14a, Fig. 1) with an amount of catalyst/binder material (para. 0051: cobalt may be used as an infiltrant material) and a second region (14b) substantially free of catalyst/binder material (para. 0017: the second region is substantially free of the infiltrant material).
However, the difference between VORONIN and the claimed invention is that VORONIN does not explicitly teach an amount of catalyst/binder material within the first region of the body continuously increases with distance from the second region.
QIAN teaches:
A first region and a second region meet at an interface, wherein the amount of catalyst/binder material increases from the transition region toward the substrate (col. 9, ll. 50-55 and col. 10, ll. 4-8), wherein the second region is substantially free of the catalyst/binder (col. 9, ll. 65-67).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to continuously increase the amount of catalyst/binder material within the first region toward the substrate, as taught by QIAN, in order to reduce the amount of catalyst/binder material in the diamond body and thereby achieve the predictable result of increasing the thermal stability of the diamond body (QIAN col. 2, ll. 7-11).
Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over VORONIN, as applied to claim 16 above, in view of QIAN.
(A) Regarding Claim 19:
VORONIN teaches:
A first region (14a, Fig. 1) with an amount of catalyst/binder material (para. 0051: cobalt may be used as an infiltrant material) and a second region (14b) substantially free of catalyst/binder material (para. 0017: the second region is substantially free of the infiltrant material).
However, the difference between VORONIN and the claimed invention is that VORONIN does not explicitly teach an amount of catalyst/binder material within the first region of the body continuously increases with distance from the second region.
QIAN teaches:
A first region and a second region meet at an interface, wherein the amount of catalyst/binder material increases from the transition region toward the substrate (col. 9, ll. 50-55 and col. 10, ll. 4-8), wherein the second region is substantially free of the catalyst/binder (col. 9, ll. 65-67).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to continuously increase the amount of catalyst/binder material within the first region toward the substrate, as taught by QIAN, in order to reduce the amount of catalyst/binder material in the diamond body and thereby achieve the predictable result of increasing the thermal stability of the diamond body (QIAN col. 2, ll. 7-11).
Cited Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 10280687 to Mukhopadhyay et al. discloses polycrystalline compact with first and second infiltrants. US 10280687 to Konovalov et al. discloses removing a binder from a portion of the substrate. WO 2015156789 to Zhang et al. discloses a superabrasive compact with first and second regions having different infiltrants.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KAYLA M MCCAFFREY whose telephone number is (571)272-3438. The examiner can normally be reached Monday - Friday (excluding Wednesday) 10AM - 2 PM EST.
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KAYLA M. MCCAFFREY
Primary Examiner
Art Unit 3745
/Kayla McCaffrey/Primary Examiner, Art Unit 3745
Prosecution Insights