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 .
Claim Interpretation
Claim 7 line 3, claim 9 line 2 and claim 15 line 2 recite “non-superhard material”, which is not defined in the specification. However, specification at page 1 lines 14-17 discloses that polycrystalline diamond (PCD) and polycrystalline cubic boron nitride (PCBN) are superhard materials… superhard materials are extremely hard and have Vickers hardness of at least about 25 GPa… however, superhard materials are typically less strong and tough than cemented carbide materials and consequently, they may be more prone to fracture and chipping than hard-materials. Based on disclosure above, Examiner will treat the recitation “non-superhard material” to be materials with a Vickers hardness less than 25 GPa.
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, 3, 5-6 and 10-13 are rejected under 35 U.S.C. 103 as being unpatentable over Can et al. (GB 2540482 A) (“Can” hereinafter).
Regarding claim 1, Can teaches a method of making a polycrystalline diamond (PCD) body (see Can at page 1 paragraph 1 teaching the disclosure relates to superhard constructions and methods of making such constructions, particularly but not exclusively to constructions comprising polycrystalline diamond (PCD) structures attached to a substrates),
with a height of at least 10 mm (see Can at page 24 paragraph 6 teaching the superhard construction having an overall height… of around 13.00 mm) (see MPEP 2144.05(I)),
the method comprising the steps (see Can at page 19 paragraph 3 teaching the superhard constructions… may be fabricated… as follows):
a. Adding diamond feed stock to a refractory cup (see Can at page 20 paragraphs 1-2 teaching the superabrasive particles… are placed inside a metal cup formed, for example… of niobium… in some examples, the superhard grains may be diamond grains, see Can at page 7 paragraph 2 teaching the term “refractory metal” is to be understood to include those elements which have a melting point above 2,123 K (1,850 oC), for example… niobium). Diamond grains are taken to meet the claimed diamond feed stock, niobium metal cup is taken to meet the claimed refractory cup;
b. Compacting diamond feed stock in a sufficient quantity to form a green body (see Can at page 19 paragraph 5 teaching the green body may be formed by a method including… a compaction method, see Can at page 20 paragraph 1 teaching a green body for the superhard construction, which comprises the pre-formed substrate and the particles of superhard material such as diamond particles… to form a pre-sinter assembly which may be encapsulated in a capsule for an ultra-high pressure furnace, see Can at page 20 paragraph 3 teaching in one example, the method may include loading the capsule comprising a pre-sinter assembly into a press and subjecting the green body to an ultra-high pressure and temperature at which the superhard material is thermodynamically stable to sinter the superhard grains… in some examples, the green body may comprise diamond). One of ordinary skill in the art would appreciate that there is sufficient quantity of diamond particles to be compacted to form a green body,
having a height of at least 10 mm post-compaction (see Can at page 24 paragraph 6 teaching the superhard construction having an overall height… of around 13.00 mm). Since the overall height of the PCD is around 13.00 mm, then the height of the post-compaction is at least 10 mm (see MPEP 2144.05(I)),
compaction occurring at a temperature in the range of 1300 oC and 1500 oC (see Can at page 20 paragraph 3 teaching the green body… the pressure to which the assembly is subjected to is… at least about 1,300 degrees centigrade) (see MPEP 2144.05(I)),
at a pressure in the range of 5 to 8 GPa (see Can at page 20 paragraph 3 teaching the green body… the pressure to which the assembly is subjected to is… at least about 5 GPa) (see MPEP 2144.05(I)), and
a duration in the range of 15 to 25 minutes (see Can at page 23 paragraph 6 teaching the assembly is double cupped… and outgassed… for about 30 minutes). A prima facie case of obviousness exists where the claimed ranges or amounts do not overlap with the prior art but are merely close enough that one skilled in the art would have expected them to have the same properties (see MPEP § 2144.05). In this instance, there are no expected differences in properties between the superhard construction such as polycrystalline diamond (PCD) structures as taught by Can and the claimed polycrystalline diamond (PCD) body even if the compaction step as taught by Can is for about 30 minutes; and
c. Sintering the green body at a temperature between 1400 oC and 2100 oC and at a pressure of at least 7 GPa, for at least 30 seconds to form a sintered PCD body (see Can at page 21 paragraph 2 teaching the green body may be subjected to a sintering process known in the art to form a sintered article, see Can at pages 21-22 bridging paragraph teaching the temperature used in the sintering process may be in the range of around 1400 to around 1500 degrees C, see Can at page 24 paragraph 3 teaching sintered at a pressure of around 8.0 GPa and temperature of around 1450 oC for at least 30 seconds to form a sintered PCD construction) (see MPEP 2144.05(I)).
Regarding claim 3, Can teaches the limitations as applied to claim 1 above, and Can teaches further comprising subsequently processing said sintered PCD body into a shaped PCD body (see Can at page 21 paragraph 3 teaching after sintering, the polycrystalline super hard constructions may be ground to size and may include, if desired… a chamfer… on the body of polycrystalline super hard material so produced). “Polycrystalline super hard constructions may be ground” is taken to meet the claimed “subsequently processing said sintered PCD body”, and “body of polycrystalline super hard material so produced” is taken to meet the claimed “shaped PCD body” because the produced body is shaped.
Regarding claim 5, Can teaches the limitations as applied to claim 1 above, and Can teaches further comprising adding a cemented carbide body to the refractory cup before sintering such that the sintered PCD body subsequently comprises a PCD table sinter-joined to the cemented carbide substrate at an interface (see Can at pages 19-20 bridging paragraph teaching the substrate and intermediate region(s) are preferably pre-formed… sintering the green body to form the substrate element, see Can at page 20 paragraph 1 teaching a green body for the superhard construction, which comprises the preformed substrate and the particles of superhard material… may be placed onto the substrate, to form a pre-sinter assembly which may be encapsulated in a capsule for an ultra-high pressure furnace, as is known in the art… the pre-formed substrate and intermediate region(s) are placed inside the cup and hydrostatically pressed into the superhard powder such that the requisite powder mass is pressed around the interface features of the preformed carbide substrate to form the pre-composite… the pre-composite is then sintered to form the sintered body of superhard material bonded to the substrate along the interface therewith, see Can at page 7 paragraph 3 teaching Figure 1, shown below, is a schematic view of an example of a PCD superhard construction such as a cutting element 1 which includes a substrate 3 with a layer of superhard material 2 formed on the substrate 3… the substrate 3 may be formed of a hard material such as cemented tungsten carbide… the superhard material 2 may be, for example, high density polycrystalline diamond (PCD) comprising at least 95 vol% diamond).
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Regarding claim 6, Can teaches the limitations as applied to claims 1 and 5 above, and Can teaches further comprising shaping the cemented carbide body prior to adding it to the refractory cup (see Can at page 19 paragraph 6 teaching the substrate and intermediate region(s) are preferably pre-formed… in some examples, the substrate may be pre-formed by pressing the green body of grains of hard material such as tungsten carbide into the desired shape, including the interface features at one free end thereof). Pre-formed substrate is taken to meet the claimed limitations.
Regarding claim 10, Can teaches the limitations as applied to claim 1, and Can teaches further in which the thickness of the PCD body is between 10 and 20 mm (see Can at page 24 paragraph 3 teaching the sintered PCD construction is recovered… a diameter of around 16 mm), which is within the claimed range.
Regarding claim 11, Can teaches the limitations as applied to claim 1, and Can teaches further in which the sintered PCD body is cylindrical (see Can at Figure 1 illustrating the PCD superhard construction is cylindrical).
Regarding claim 12, Can teaches the limitations as applied to claims 1 and 11, and Can teaches further wherein the sintered PCD body has a diameter of 8 to 25 mm (see Can at page 24 paragraph 3 teaching the sintered PCD construction is recovered… a diameter of around 16 mm), which is within the claimed range.
Regarding claim 13, Can teaches the limitations as applied to claims 1 and 11-12, and Can teaches further wherein the sintered PCD body has a diameter of 16 mm (see Can at page 24 paragraph 3 teaching the sintered PCD construction is recovered… a diameter of around 16 mm).
Claims 2, 4 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Can as applied to claim 1 above, and further in view of Chapman et al. (US 2014/0366456 A1) (“Chapman” hereinafter).
Regarding claim 2, Can teaches the limitations as applied to claim 1, and Can teaches further that after sintering, the polycrystalline super hard constructions may be ground to size and may include, if desired… a chamfer… on the body of polycrystalline superhard material so produced (see Can at page 21 paragraph 3). However, Can does not explicitly teach further comprising slicing longitudinally into the sintered PCD body to produce one or more sliced portions of the sintered PCD body, each sliced portion being a tool blank.
Like Can, Chapman teaches a polycrystalline diamond construction wherein the sintered PCD body is further processed (see Chapman at [0008] teaching in another embodiment, laser energy is applied to a peripheral portion of an exterior surface of a provided generally cylindrical PCD table to remove diamond material from the peripheral portion to form a PCD table having a selected geometry… in an embodiment, the provided generally cylindrical PCD table is bonded to a similarly sized and shaped generally cylindrical substrate to define a PCD having a selected geometry… the portions of the generally cylindrical substrate that are adjacent to the peripheral portion of the PCD table (i.e., that portion that is removed) may also be removed by any suitable technique (e.g., laser cutting, grinding, lapping, electrical-discharge machining, or combinations thereof) to result in a PDC having a selected geometry, such as a non-cylindrical or a generally cylindrical geometry… for example, this method may be used to form PCD tables and PDCs having oval, square, rectangular, or other shaped profile… of course, this method may also be used to form a PCD table or a PDC that is generally cylindrical (e.g., from a larger initial PDC from which the periphery is removed), see Chapman at [0011] teaching of course, in some embodiments, a plurality of the described laser cutting processes may be combined together in laser cutting a provided PCD table or PDC, see Chapman at [0012] teaching laser cutting may be used to produce non-planar surfaces… for example, applications for such non-planar shapes may include, but are not limited to… tooling, such as shaped dies, shaped punches, roof bits, bearings, and traction devices). Laser cutting to produce tools is taken to meet the claimed “comprising slicing longitudinally into the sintered PCD body to produce one or more sliced portions of the sintered PCD body, each sliced portion being a tool blank”.
Chapman further teaches methods of laser cutting polycrystalline diamond tables and polycrystalline diamond compacts are disclosed… laser cutting of polycrystalline diamond table provides an alternative to electrical-discharge machining ("EDM"), grinding with a diamond wheel, or lapping with a diamond wheel… grinding or lapping with a diamond wheel is relatively slow and expensive, as diamond is used to remove a diamond material… EDM cutting of the polycrystalline diamond table is sometimes impractical or even impossible, particularly when the cobalt or other infiltrant or catalyst concentration within the polycrystalline diamond table is very low (e.g., in the case of a leached polycrystalline diamond table)… as such, laser cutting provides a valuable alternative machining method that may be employed in various processes such as laser scribing, laser ablation, and laser lapping(see Chapman at Abstract).
As such, one of ordinary skill in the art would appreciate that Chapman teaches laser cutting provides a valuable alternative machining method that may be employed to form a PCD table surfaces, and seek those advantages by using laser cutting in the method of making polycrystalline diamond (PCD) structures as taught by Can.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to use laser cutting as taught by Chapman in the method of making polycrystalline diamond (PCD) structures as taught by Can because laser cutting provides a valuable alternative machining method that may be employed to form a PCD table surfaces.
Regarding claim 4, Can teaches the limitations as applied to claims 1 and 3, and please see claim 2 rejection based on Chapman as it applies here as well. Chapman teaches further comprising using lasers to shape the sintered PCD body (see Chapman at Abstract teaches
methods of laser cutting polycrystalline diamond tables and polycrystalline diamond compacts are disclosed… laser cutting of polycrystalline diamond table provides an alternative to electrical-discharge machining ("EDM")).
Regarding claim 14, Can in view of Chapman teaches the limitations as applied to claims 1-2, and Can in view of Chapman teach further comprising subsequently processing said sintered PCD body into a shaped PCD body (see Can at page 21 paragraph 3 teaching after sintering, the polycrystalline super hard constructions may be ground to size and may include, if desired… a chamfer… on the body of polycrystalline super hard material so produced, see Chapman at Abstract teaches methods of laser cutting polycrystalline diamond tables and polycrystalline diamond compacts are disclosed… laser cutting of polycrystalline diamond table).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Can as applied to claim 1 above, and further in view of Cho et al. (US 6,068,913) (“Cho” hereinafter).
Regarding claim 7, Can teaches the limitations as applied to claim 1 above, and Can teaches further comprising adding a cemented carbide body to the refractory cup before sintering (see Can at page 19 paragraph 6 teaching the substrate and intermediate region(s) are preferably pre-formed… in some examples, the substrate may be pre-formed by pressing the green body of grains of hard material such as tungsten carbide into the desired shape, including the interface features at one free end thereof).
However, Can does not explicitly teach “placing a non-superhard material interlayer between the cemented carbide body and the diamond feed stock”.
Like Can, Cho teaches a polycrystalline diamond structure (PCD) (see Cho at C1 L7-10 teaching the present disclosure relates to cutting tools… formed of polycrystalline diamond (PCD) or polycrystalline cubic boron nitride (PCBN)). Cho further teaches the present disclosure relates to such tools in which an intermediated layer is disposed between the substrate and polycrystalline outer layer to extend the useful life of the cutting tool (see Cho at C1 L10-13). Cho also teaches the polycrystalline working element, generally indicated at 130, includes a substrate 134 which is typically formed of tungsten carbide or some other similar material… as shown in Fig. 2A, shown below (see Cho at C5 L12-16)… the polycrystalline compact 138 can be formed from diamond particles and/or cubic boron nitride particles (see Cho at C5 L23-25). Moreover, Cho teaches disposed between the substrate 134 and the polycrystalline compact 138 is an intermediate layer 144… the intermediate layer is also formed with a polycrystalline material…however, the intermediate layer will typically include additional amounts of bonding medium and may also include… cobalt (see Cho at C5 L29-34).
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Furthermore, Cho teaches turning now to Fig. 2C, shown below… the working element 130 is formed with a cobalt 170 cemented tungsten carbide substrate 134… the intermediate layer 144 is bonded to the substrate 134 by the cobalt 170 which migrates from the cemented tungsten carbide… the outer working layer 140 is bonded to the intermediate layer 144 (see Cho at C6 L4-13). The cobalt 170 and cobalt in the intermediate layer are taken to meet the claimed “placing a non-superhard material interlayer between the cemented carbide body and the diamond feed stock”, wherein cobalt is taken to meet the claimed “non-superhard material” based on specification at page 9 lines 23 disclosing “use of a cobalt interlayer”.
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As such, one of ordinary skill in the art would appreciate that Cho teaches that having an intermediate layer including a cobalt layer between the substrate and polycrystalline outer layer extends the useful life of the cutting tool, and seek those advantages by including a cobalt in the intermediate layer of the polycrystalline diamond (PCD) structure as taught by Can.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to include a cobalt in the intermediate layer between the substrate and polycrystalline outer layer as taught by Cho in the polycrystalline diamond (PCD) structure as taught by Can so as to extend the useful life of the cutting tool.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Can in view of Cho as applied to claims 1 and 7 above, and further in view of Cho, Han et al. (US 2005/0210755 A1) (“Han” hereinafter).
Regarding claim 8, Can in view of Cho teaches the limitations as applied to claims 1 and 7 above, but Can in view of Cho do not explicitly teach in which the interlayer is a foil.
Like Can and Cho, Han teaches a polycrystalline diamond structure (PCD) (see Han [0002] teaching the present disclosure relates to high pressure high temperature polycrystalline diamond and polycrystalline cubic boron nitride articles and methods for producing these polycrystalline articles). Like Cho, Han teaches cobalt component (see Han at [0110] teaching cobalt foil place at each side of substrate and then placed against… the diamond layer). Cobalt foil is taken to meet the claimed “in which the interlayer is a foil”.
Additionally, MPEP states that “the selection of a known material based on its suitability for its intended use supported a prima facie obviousness determination” (see MPEP § 2144.07). In this case, one of ordinary skill in the art would appreciate that cobalt foil is suitable for its intended use.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to use cobalt foil as a cobalt component as taught by Han in the intermediate layer of the polycrystalline diamond (PCD) structure as taught by Can in view of Cho because cobalt foil is suitable for its intended use.
Claims 9 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Can in view of Cho as applied to claims 1 and 7, and Can in view of Cho and Han as applied to claims 1 and 7-8, respectively above, and further in view of Jiang (US 2020/0239370 A1) (“Jiang” hereinafter).
Regarding claims 9 and 15, Can in view of Cho teaches the limitations as applied to claims 1 and 7, and Can in view of Cho and Han as applied to claims 1 and 7-8, respectively above, but Can in view of Cho and/or Can in view of Cho and Han do not explicitly teach in which the interlayer comprises a layer of non-superhard powder.
Like Can, Cho and Han, Jiang teaches a polycrystalline diamond structure (PCD) (see Jiang at [0013] teaching the present disclosure also relates to a PDC comprising nanostructured polycrystalline diamond particles… the PDC consists of a PCD layer and a cemented carbide substrate). Like Cho and Han, Jiang teaches cobalt component (see Jiang at [0041] teaching cobalt powder). Cobalt powder is taken to meet the claimed “in which the interlayer comprises a layer of non-superhard powder”.
Additionally, MPEP states that “the selection of a known material based on its suitability for its intended use supported a prima facie obviousness determination” (see MPEP § 2144.07). In this case, one of ordinary skill in the art would appreciate that cobalt powder is suitable for its intended use.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to use cobalt powder as a cobalt component as taught by Jiang in the intermediate layer of the polycrystalline diamond (PCD) structure as taught by Can in view of Cho and/or Can in view of Cho and Han because cobalt powder is suitable for its intended use.
Conclusion
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/MARITES A GUINO-O UZZLE/Examiner, Art Unit 1731