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 .
Response to Amendment
The Amendment filed 17 March 2026 has been entered. Claims 1, and 3-9 remain pending in the application. Claims 1 and 8 were amended. Claim 2 has been canceled. Applicant’s remarks regarding the 112(b) rejection for claims 4 and 5 previously set forth in the Non-Final Rejection mailed 22 January 2026 were considered and found persuasive. Examiner withdraws the rejections.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1 and 8 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claims 1 and 8 recite the limitation “the binder phase further comprises Cr, a region in a cross section of the cemented carbide where a distance X between surfaces of the tungsten carbide particles adjacent to each other having an opposing surface length L of 100 nm or more is greater than 0 nm and 5 nm or less is a WC/WC region”. The instant specification does not provide proper support for the phrase “greater than 0 nm”.
Claims 1 and 8 also recite the limitation “the binder phase existing between the tungsten carbide particles adjacent to each other is present in the WC/WC region,”. The instant specification does not provide proper support for this phrase.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1, 3-6, 8 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over US20210079504 of Kido in view of CN109252081 of Liu.
Claim 1 as currently amended claims a cemented carbide, comprising a plurality of tungsten carbide particles, and a binder phase comprising at least Co, wherein the binder phase further comprises Cr, a region in a cross section of the cemented carbide where a distance X between surfaces of the tungsten carbide particles adjacent to each other having an opposing surface length L of 100 nm or more is greater than 0 nm and 5 nm or less is a WC/WC region, the binder phase existing between the tungsten carbide particles adjacent to each other is present in the WC/WC region, a maximum value (atm%) of the Cr obtained by an elemental analysis in a transverse direction from one tungsten carbide particle to another tungsten carbide particle in the WC/WC region is a Cr value, a maximum value (atm%) of the Co thus obtained is a Co value, and a ratio of the Cr value and the Co value (Cr value/Co value) is a Cr/Co ratio, and the Cr/Co ratio is 1.2 or more, wherein the Cr value is greater than the Co value in the WC/WC region.
Kido teaches a cemented carbide and cutting tool in the same field of endeavor as the claimed invention. Kido teaches a cemented carbide comprising a first hard phase comprising tungsten carbide particles and a binder phase including Co and Cr, Para[0012]. Kido also discloses a region in which there is a distance X of 5 nm or less between surfaces respectively of tungsten carbide particles adjacent to each other, with the surfaces facing each other along a length L of 100 nm or more, being referred to as a WC/WC interface, Para[0014]. Kido teaches a Cr/Co ratio of 0.17 or more, Para[0015]. Kido also discloses that the amount of Co in the binder phase is 50-100 mass%, Para[0069]. This means that the maximum amount of Cr in the binder phase would be 50 mass%. A 50 mass% Co – 50 mass% Cr composition would result in a value of Cr/Co of 1.13. While Kido does not specifically teach a Cr/Co ratio of 1.2 or more, Kido’s teaching of 1.13 borders the claimed range. A prima facie case of obviousness exists where the claimed ranges or amounts do not overlap with the prior art but are merely close, see MPEP 2144.05.
Liu discloses a high-entropy alloy binding phase ultrafine tungsten carbide hard alloy and preparation method thereof in the same field of endeavor as the claimed invention. Liu teaches the component (component) of the high-entropy alloy is at least five of Al, Co, Cr, Cu, Fe, and Ni, and the atomic percentage of each element is 5 to 35%, Para[0011]. One of ordinary skill in the art could select values for Co and Cr resulting in a Cr/Co value in the claimed range of 1.2 or more. Liu also discloses that by adjusting the components and their contents in the high-entropy alloy binder phase, the Co element can be partially or completely replaced, which effectively reduces the raw material cost, Para[008].
Therefore, based on the teachings of Kido and Liu, it would be obvious to one of ordinary skill in the art to increase the amount of Cr in the cemented carbide taught by Kido to that disclosed in Liu to produce a carbide with a Cr/Co value of 1.2 or more, in order to reduce the raw material cost of the product. Thus, Kido in view of Liu covers all limitations of claim 1.
Claim 3 further limits claim 1 by requiring the Cr value to be 4 atm% or more.
Kido discloses that the composition of the binder phase including Co and Cr, that is, a mass ratio ‘Co included in “a binder phase including Co and Cr”’ to ‘the binder phase including Co and Cr’ is 50 mass % or more and less than 100 mass %, Para[0069]. Kido teaches a range for Co in the binder phase of 50 -100 mass%. The portion of the binder phase that is not Co can be Cr. Thus, the disclosed range of Cr would be 0-50 mass%. This corresponds to a range of 0-53.2 atm% Cr. This encompasses 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. Thus, Kido in view of Liu covers all limitations of claim 3.
Claim 4 further limits claim 1 by requiring the amount of Co in the binder phase to be in the range of 85-92 mass%.
Kido discloses that the composition of the binder phase including Co and Cr, that is, a mass ratio ‘Co included in “a binder phase including Co and Cr”’ to ‘the binder phase including Co and Cr’ is 50 mass % or more and less than 100 mass %, Para[0069]. This encompasses 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. Thus, Kido in view of Liu covers all limitations of claim 4.
Claim 5 further limits claim 1 by requiring the amount of Cr in the binder phase to be in the range of 5 mass% or more.
Kido discloses that the composition of the binder phase including Co and Cr, that is, a mass ratio ‘Co included in “a binder phase including Co and Cr”’ to ‘the binder phase including Co and Cr’ is 50 mass % or more and less than 100 mass %, Para[0069]. The portion of the binder phase that is not Co can be Cr. Thus, the disclosed range of Cr would be 0-50 mass%. This encompasses 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. Thus, Kido in view of Liu covers all limitations of claim 5.
Claim 6 further limits claim 1 by stating that the binder phase further comprises W, wherein a content (mass%) of W in the binder phase is a W content, and a content (mass%) of Cr in the binder phase is a Cr content, and a ratio of the Cr content and the W content (Cr content/W content) is 1.2-2.0.
Kido teaches that the binder phase may include constituent elements of the first hard phase, i.e., tungsten, carbon, or other inevitable constituent elements. The other elements constituting the binder phase including Co and Cr are permitted to be included in the binder phase within a range which does not impair a function serving as a binder phase, Para[0073]. Since Kido discloses a range of 0-50 mass% of Cr, and any amount of W that doesn’t impair the function of the binder phase, one of ordinary skill in the art could select amounts of Cr and W, disclosed in Kido, that would result in a Cr content/W content in the claimed range. Thus, Kido in view of Liu covers all limitations of claim 6.
Claim 8 as currently amended claims a cutting tool, comprising [[the]]a cemented carbide, the cemented carbide comprising a plurality of tungsten carbide particles, and a binder phase comprising at least Co, wherein the binder phase further comprises Cr, a region in a cross section of the cemented carbide where a distance X between surfaces of the tungsten carbide particles adjacent to each other having an opposing surface length L of 100 nm or more is greater than 0 nm and 5 nm or less is a WC/WC region, the binder phase existing between the tungsten carbide particles adjacent to each other is present in the WC/WC region, a maximum value (atm%) of the Cr obtained by an elemental analysis in a transverse direction from one tungsten carbide particle to another tungsten carbide particle in the WC/WC region is a Cr value, a maximum value (atm%) of the Co thus obtained is a Co value, and a ratio of the Cr value and the Co value (Cr value/Co value) is a Cr/Co ratio, and the Cr/Co ratio is 1.2 or more, wherein the Cr value is greater than the Co value in the WC/WC region.
Kido teaches a cemented carbide and cutting tool in the same field of endeavor as the claimed invention. Kido teaches a cemented carbide comprising a first hard phase comprising tungsten carbide particles and a binder phase including Co and Cr, Para[0012]. Kido also discloses a region in which there is a distance X of 5 nm or less between surfaces respectively of tungsten carbide particles adjacent to each other, with the surfaces facing each other along a length L of 100 nm or more, being referred to as a WC/WC interface, Para[0014]. Kido teaches a Cr/Co ratio of 0.17 or more, Para[0015]. Kido also discloses that the amount of Co in the binder phase is 50-100 mass%, Para[0069]. This means that the maximum amount of Cr in the binder phase would be 50 mass%. A 50 mass% Co – 50 mass% Cr composition would result in a value of Cr/Co of 1.13. While Kido does not specifically teach a Cr/Co ratio of 1.2 or more, Kido’s teaching of 1.13 borders the claimed range. A prima facie case of obviousness exists where the claimed ranges or amounts do not overlap with the prior art but are merely close, see MPEP 2144.05. Kido also discloses that the cemented carbide has excellent strength even at high temperature, and can be used as a substrate for cutting tools, wear-resistant tools and grinding tools, Para[0140].
Liu discloses a high-entropy alloy binding phase ultrafine tungsten carbide hard alloy and preparation method thereof in the same field of endeavor as the claimed invention. Liu teaches the component (component) of the high-entropy alloy is at least five of Al, Co, Cr, Cu, Fe, and Ni, and the atomic percentage of each element is 5 to 35%, Para[0011]. One of ordinary skill in the art could select values for Co and Cr resulting in a Cr/Co value in the claimed range of 1.2 or more. Liu also discloses that by adjusting the components and their contents in the high-entropy alloy binder phase, the Co element can be partially or completely replaced, which effectively reduces the raw material cost, Para[008].
Therefore, based on the teachings Kido and Liu, it would be obvious to one of ordinary skill in the art to increase the amount of Cr in the cemented carbide taught by Kido to that disclosed in Liu to produce a carbide with a Cr/Co value of 1.2 or more, in order to reduce the raw material cost of the product. Thus, Kido in view of Liu covers all limitations of claim 8.
Claim 9 further limits claim 8 by requiring the cutting tool to comprise of a coating film to cover at least a part of a surface of the cemented carbide.
Kido teaches that the wear-resistant and grinding tools according to the present embodiment may further comprise a hard coating which coats at least a portion of a surface of the substrate, Para[0144]. Thus, Kido in view of Liu covers all limitations of claim 9.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over US20210079504 of Kido in view of CN109252081 of Liu, as cited above, further in view of DE10244955 of Usami.
Claim 7 further limits claim 1 by requiring the cemented carbide to have a thermal conductivity of 70 W/m*K or more.
While Kido and Liu do not mention thermal conductivity, Usami teaches a cemented carbide for cutting tool for cutting hardly machinable material, e.g. stainless steel, has hard phase component, binder phase component with iron-group metal(s), and surface region of specified minimum hardness in the same field of endeavor as the claimed invention. Usami discloses that the cemented carbide has a thermal conductivity of 70 W/m*K or more, Para[0076]. Usami discloses that since the cemented carbide of this invention has thermal characteristics such as high temperature thermal conductivity it can be adapted for molding, abrasion resistant member, high temperature structural material, etc. and can be suitably used as a cutting tool, particularly a cutting tool for difficult-to-process material such as stainless steel, Para, [0086].
Therefore, it would be obvious to one of ordinary skill in the art to produce a cemented carbide disclosed in Kido in view of Liu with a thermal conductivity in the range disclosed in Usami which encompasses the claimed range. Thus, Kido in view of Liu further in view of Usami covers all limitations of claim 7.
Response to Arguments
Applicant's arguments filed 17 March 2026 have been fully considered but they are not persuasive. Applicant argues that (remarks, page 2) the Cr/Co ratio of 0.17 or more taught by Kido does not overlap with the originally claimed range for Cr/Co of 1.0 or more because Kido teaches that the C(R)/C(C) ratio (equivalent to Cr/Co ratio of the claimed invention) may for example be 0.25 or less, or 0.20 or less, Para[0084]. Examiner asserts that although Kido teaches these possible ranges for the Cr/Co ratio, Kido also discloses that the upper limit of the average value of the ratio Cr/Co is not particularly limited, Para[0084]. This means that Kido would encompass all values for Cr/Co above 0.17. Kido also teaches that a mass ratio ‘Co included in “a binder phase including Co and Cr”’ to ‘the binder phase including Co and Cr’ is 50 mass % or more and less than 100 mass %., Para[0059]. This means that the maximum amount of Cr in the binder phase would be 50 mass%. A 50 mass% Co/50 mass% Cr carbide would result in a Cr/Co ratio of approximately 1.13. Therefore, Kido teaches a Cr/Co ratio of up to 1.13 which overlaps with the range of 1.0 or more.
Applicant also argues that (remarks, page 3) Kido does not teach a value of Cr greater than the value of Co because Kido requires Co to be the “major component” of the binder phase. Examiner asserts that Kido teaches that the binder phase contains Co as a major component not the major component, Para[0059]. Therefore, Co is not required to be the most prevalent element in the binder phase. As stated above, Kido teaches a 50 mass% Co/50 mass% Cr carbide which corresponds to a Cr/Co ratio of 1.13. Therefore, examiner asserts that Kido does in fact teach a value of Cr greater than the value of Co.
Applicant argues that (remarks, page 4) Liu does not cover a Cr/Co ratio of 1.2 or more because Liu does not specifically teach a Cr/Co ratio, nor does Liu teach that the Cr value should be greater than the Co value. This is not found persuasive as Liu teaches a range for Cr of 5-35% and a range for Co of 5-35%. One of ordinary skill in the art could select within values within these ranges which would result in a Cr/Co ratio greater than 1.2.
Applicant also states that (remarks, page 4) Liu does not teach or suggest measuring Cr and Co values in a WC/WC region, which is the region (having a distance greater than 0 nm and 5 nm or less) between adjacent tungsten carbide particles where the binder phase is present. The composition of Liu relates to the overall high-entropy alloy binder phase, not the specific WC/WC region recited in claim. This is not found persuasive as the primary reference, Kido, does teach Cr and Co values in a WC/WC region, which is the region (having a distance greater than 0 nm and 5 nm or less) between adjacent tungsten carbide particles where the binder phase is present, Para[0014]. As Liu is a secondary reference used for its teachings of the overall composition of Cr and Co, it is not required to teach a WC/WC region. Therefore, Kido in view of Liu covers the measuring of Cr and Co in a WC/WC region as well as the claimed Cr/Co ratio.
Applicant argues that (remarks, page 4) That one of ordinary skill in the art would not be motivated to combine Kido and Liu because Kido requires Co to be the major component of the binder phase, while the claimed subject matter required the opposite. This is not persuasive because as stated above, Kido teaches that the binder phase contains Co as a major component not the major component, Para[0059]. One of ordinary skill in the art could select values for Cr and Co taught by Liu which would result in a Cr value greater than the Co value and would also result in Co being a major component of the binder phase.
Applicant argues that (remarks, page 4) the proposed modification of Kido in view of Liu would render Kido unsatisfactory for its intended purpose because Kido is intended to have the binder phase containing Co as the major component for providing excellent strength at high temperatures. As stated above, Kido teaches that the binder phase contains Co as a major component not the major component, Para[0059]. Applicant states that modifying Kido to have the Cr value exceed the Co value would render the cemented carbide of Kido unsatisfactory for its intended purpose of providing a binder phase where Co functions as the primary binding agent. This is not found persuasive as Kido teaches that when the ratio of the WC/WC interfaces via the binder phase including Co and Cr is increased, the ratio of Cr present at the WC/WC interfaces also increases. As a result, the binder phase is enhanced in strength and a cemented carbide with further excellent strength even at high temperatures can be obtained, Para[0062]. Therefore, Kido teaches that an increase of Cr present at the WC/WC interfaces enhances strength at high temperatures. This teaching supports modifying Kido by increasing the ratio of Cr/Co by adding more Cr than Co. Thus, the rejection is maintained.
Examiner’s Note
Examiner has attached previously-cited foreign references that were inadvertently omitted in the non-final action. References Included: CN109252081, DE10244955.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/Keith D. Hendricks/Supervisory Patent Examiner, Art Unit 1733
/JACOB BENJAMIN STILES/Examiner, Art Unit 1733
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