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 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.
Claims 1-5 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.
Claim 1 recites “the first coating layer comprises at least one element selected from the group consisting of Al, Group 5 elements, Group 6 elements, and Group 4 elements except for Ti, at least one element selected from the group consisting of C and N, Si, and Cr.” Based on the way the grouping is listed, it is currently unclear whether the claim requires:
at least one of out of all of the alternatives
at least one of Al, Group 5, Group 6, Group 4 (except Ti) and at least one of C and N, Si, and Cr
at least one of Al, Group 5, Group 6, Group 4 (except Ti) and at least one of C and N and at least one of Si and Cr
at least one of Al, Group 5, Group 6, Group 4 (except Ti) and at least one of C and N and Si and Cr
Claim Rejections - 35 USC § 102
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 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-2 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Takeshita (US20180099335A1).
Claim 1
Takeshita teaches a coated tool comprising: a base body (12) made of WC-based cemented carbide (¶0033) containing WC particles as a hard phase component and Co as a main component of a binding phase (¶0033), a coating layer located on the base body (11), and an intermediate layer (111) located between the base body and the coating layer (Figure 1), wherein the intermediate layer contains Ti (¶0100), and has an average layer thickness of 1 nm or greater and 15 nm or less (¶0099 teaches a thickness of the layer (111) of 0.5nm to 20nm, which encompasses the claimed range.), the coating layer comprises a first coating layer (112) in contact with the intermediate layer (Figure 1), and the first coating layer comprises at least one element selected from the group consisting of Al, Group 5 elements, Group 6 elements, and Group 4 elements except for Ti, at least one element selected from the group consisting of C and N, Si, and Cr. (As noted above in the 35 USC 112 section, it is currently unclear what is required by this portion of the claim. Takeshita ¶0063 and ¶0067 teach the first coating layer contains a nitride of Al-Cr-M1, with M1 being one or more of Group 4, Group 5, Group 6, Si and B. Based on this, Takeshita teaches one combination of elements for the first coating layer of Al-Cr-Si-N.)
Claim 2
Takeshita teaches the coated tool according to claim 1, wherein the first coating layer comprises Al, Cr, Si, and N (Takeshita ¶0063 and ¶0067 teach the first coating layer contains a nitride of Al-Cr-M1, with M1 being one or more of Group 4, Group 5, Group 6, Si and B. Based on this, Takeshita teaches one combination of elements for the first coating layer of Al-Cr-Si-N.), a ratio of Al in metal elements of the first coating layer is 38 atomic % or more and 55 atomic % or (It is noted that applicant states on Page 4, ¶0020, Lines 9-11 of the specification that Al, Cr, Si and N are present at an arbitrary ratio and ¶0021 uses the phrase “may be” when discussing the claimed range. Takeshita ¶0063 teaches the atomic ratio for Al in the first coating layer is 0.5 to 0.9, which anticipates 0.5 to 0.55 within applicant’s claimed range of applicable values.), a ratio of Cr in the metal elements of the first coating layer is 33 atomic % or more and 48 atomic % or less (It is noted that applicant states on Page 4, ¶0020, Lines 9-11 of the specification that Al, Cr, Si and N are present at an arbitrary ratio and ¶0021 uses the phrase “may be” when discussing the claimed range. Takeshita ¶0065 teaches the ratio of Cr can be between 0 and 0.4, which anticipates 0.33 to 0.4 within applicant’s claimed range of applicable values.), and a ratio of Si in the metal elements of the first coating layer is 4 atomic % or more and 15 atomic % or less. (It is noted that applicant states on Page 4, ¶0020, Lines 9-11 of the specification that Al, Cr, Si and N are present at an arbitrary ratio and ¶0021 uses the phrase “may be” when discussing the claimed range. Takeshita ¶0063 teaches the ratio of M1, which is Si in this instance, is less than 0.1, which anticipates 0.04 to 0.1 within applicant’s claimed range of applicable values.)
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.
Claims 1-3 are rejected under 35 U.S.C. 103 as being unpatentable over Koike (US20200114431A1) in view of Takeshita (US20180117680A1).
Claim 1
Koike teaches a coated tool comprising: a base body (11) made of WC-based cemented carbide containing WC particles as a hard phase component and Co as a main component of a binding phase (¶0038 teaches the base (11) is made from tungsten carbide (WC) including Co.), a coating layer located on the base body (¶0068 teaches an intermediate layer that comprises Ti.), and an intermediate layer located between the base body and the coating layer, wherein the intermediate layer contains Ti (¶0068 teaches an intermediate layer that comprises Ti.), the coating layer comprises a first coating layer in contact with the intermediate layer (Figure 4 teaches a first coating layer (13) in contact with the intermediate layer (See ¶0068).), and the first coating layer comprises at least one element selected from the group consisting of Al, Group 5 elements, Group 6 elements, and Group 4 elements except for Ti, at least one element selected from the group consisting of C and N, Si, and Cr. (¶0058 teaches the first unit layer can be AlCrSiN.)
Koike does not explicitly disclose that the intermediate layer has an average layer thickness of 1 nm or greater and 15 nm or less. Koike does disclose “The thickness of each of the other layers….is not particularly limited…” in ¶0068.
However, Takeshita teaches an intermediate layer made that includes Ti and has an average layer thickness of 1 nm or greater and 15 nm or less. (¶0099 teaches a thickness of the layer (111) of 0.5nm to 20nm, which encompasses the claimed range.)
One of ordinary skill would have been motivated to apply the known layer thickness technique of Takeshita to the intermediate layer formation method of Koike in order to provide a sufficiently thick layer without the likelihood of it being peeled off because it is too thick. (See Takeshita ¶0099)
Therefore, it would have been obvious to one of ordinary skill in the art, at the time the invention was effectively filed, to apply the known layer thickness technique of Takeshita to the intermediate layer formation method of Koike because it has been held to be prima facie obvious to apply a known technique to a known method/apparatus to yield predictable results. See MPEP 2143(I)(D).
Claim 2
Koike in view of Takeshita teaches the coated tool according to claim 1, wherein the first coating layer comprises Al, Cr, Si, and N (Koike, ¶0058 teaches the first coating layer comprises Al-Cr-Si-N.), a ratio of Al in metal elements of the first coating layer is 38 atomic % or more and 55 atomic % or less (It is noted that applicant states on Page 4, ¶0020, Lines 9-11 of the specification that Al, Cr, Si and N are present at an arbitrary ratio and ¶0021 uses the phrase “may be” when discussing the claimed range. Takeshita ¶0063 teaches the atomic ratio for Al in the first coating layer is 0.5 to 0.9, which anticipates 0.5 to 0.55 within applicant’s claimed range of applicable values.), a ratio of Cr in the metal elements of the first coating layer is 33 atomic % or more and 48 atomic % or less (It is noted that applicant states on Page 4, ¶0020, Lines 9-11 of the specification that Al, Cr, Si and N are present at an arbitrary ratio and ¶0021 uses the phrase “may be” when discussing the claimed range. Takeshita ¶0065 teaches the ratio of Cr can be between 0 and 0.4, which anticipates 0.33 to 0.4 within applicant’s claimed range of applicable values.), and a ratio of Si in the metal elements of the first coating layer is 4 atomic % or more and 15 atomic % or less. (It is noted that applicant states on Page 4, ¶0020, Lines 9-11 of the specification that Al, Cr, Si and N are present at an arbitrary ratio and ¶0021 uses the phrase “may be” when discussing the claimed range. Takeshita ¶0063 teaches the ratio of M1, which is Si in this instance, is less than 0.1, which anticipates 0.04 to 0.1 within applicant’s claimed range of applicable values.)
One of ordinary skill would have been motivated to apply the known atomic ratio of Al-Cr-Si-N technique from Takeshita to the first unit layer formation method of Koike in order to use a set of ratios that has improved oxidation resistance and hardness (See Takeshita ¶0063-0065)
Therefore, it would have been obvious to one of ordinary skill in the art, at the time the invention was effectively filed, to apply the known atomic ratio of Al-Cr-Si-N technique from Takeshita to the first unit layer formation method of Koike because it has been held to be prima facie obvious to apply a known technique to a known method/apparatus to yield predictable results. See MPEP 2143(I)(D).
Claim 3
Koike in view of Takeshita teaches the coated tool according to claim 2, wherein the first coating layer comprises a first layer and a second layer alternately located in a thickness direction (Koike, Figure 4 teaches the first coating layer (13) has first (131) and second layers (132) alternately stacked. See also ¶0063.), and the first layer and the second layer comprise Al, Cr, Si, and N. (Koike, ¶0058 and ¶0062)
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Koike (US20200114431A1) in view of Takeshita (US20180117680A1), as applied in Claim 3, further in view of Tanaka (US20180117680A1).
Claim 4
Koike in view of Takeshita teaches the coated tool according to claim 3, wherein the first and second layers comprise Al, Cr and Si. (Koike, ¶0058 and ¶0062) It is noted that applicant discusses the features of Claim 4 in at least ¶0030 and ¶0032 of the specification and states the differences “may be” 1 atomic% or more and 9 atomic% or less, etc.
Koike in view of Takeshita does not explicitly disclose wherein a difference between an Al content of the first layer and an Al content of the second layer is 1 atomic % or more and 9 atomic % or less, a difference between a Cr content of the first layer and a Cr content of the second layer is 1 atomic % or more and 12 atomic % or less, and a difference between a Si content of the first layer and a Si content of the second layer is 0.5 atomic % or more and 5 atomic % or less.
However, Tanaka teaches a layered structure for a coated cutting tool (Abstract) that includes 1 to 4 atomic% variation between the specific metal elements in the compounds between layers. (¶0038-¶0039 discuss a layered orientation of compound layers with all of the kinds of the metal elements are common with another layer in the stack, and that the preferable variation of the ratio’s is 1 atom% to 4 atom%. ¶0040 shows this variation occurs on each of the metal elements of the compound layers.)
One of ordinary skill would have been motivated to apply the known atom% variation technique of Tanaka to the layered coating manufacturing method of Koike in view of Takeshita in order to reduce residual compressive stress of the laminate structure and improve fracture resistance. (See Tanaka ¶0039)
Therefore, it would have been obvious to one of ordinary skill in the art, at the time the invention was effectively filed, apply the known atom% variation technique of Tanaka to the layered coating manufacturing method of Koike in view of Takeshita because it has been held to be prima facie obvious to apply a known technique to a known method/apparatus to yield predictable results. See MPEP 2143(I)(D).
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Inoue (US20110097167A1) in view of Takeshita (US20180117680A1).
Claim 5
Inoue teaches a cutting tool comprising a rod-like holder comprising a pocket at an end portion thereof and a cutting tool located in the pocket. (Figure 1 teaches a cutting tool that has a pocket (6) where a cutting insert (2) is mounted (¶0042).)
Inoue doesn’t disclose a cutting tool according to Claim 1.
However, Takeshita teaches a cutting tool according to Claim 1.
Takeshita teaches a coated tool comprising: a base body (12) made of WC-based cemented carbide (¶0033) containing WC particles as a hard phase component and Co as a main component of a binding phase (¶0033), a coating layer located on the base body (11), and an intermediate layer (111) located between the base body and the coating layer (Figure 1), wherein the intermediate layer contains Ti (¶0100), and has an average layer thickness of 1 nm or greater and 15 nm or less (¶0099 teaches a thickness of the layer (111) of 0.5nm to 20nm, which encompasses the claimed range.), the coating layer comprises a first coating layer (112) in contact with the intermediate layer (Figure 1), and the first coating layer comprises at least one element selected from the group consisting of Al, Group 5 elements, Group 6 elements, and Group 4 elements except for Ti, at least one element selected from the group consisting of C and N, Si, and Cr. (As noted above in the 35 USC 112 section, it is currently unclear what is required by this portion of the claim. Takeshita ¶0063 and ¶0067 teach the first coating layer contains a nitride of Al-Cr-M1, with M1 being one or more of Group 4, Group 5, Group 6, Si and B. Based on this, Takeshita teaches one combination of elements for the first coating layer of Al-Cr-Si-N.)
One of ordinary skill would have been motivated to apply the known coated cutting tool technique of Takeshita to the cutting tool device of Inoue in order to provide a cutting tool having excellent chipping and wear resistance. (See Takeshita, ¶0023)
Therefore, it would have been obvious to one of ordinary skill in the art, at the time the invention was effectively filed, apply the known coated cutting tool technique of Takeshita to the cutting tool device of Inoue because it has been held to be prima facie obvious to apply a known technique to a known method/apparatus to yield predictable results. See MPEP 2143(I)(D).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure can be found on the PTO-892 Notice of References Cited Form.
Document
Date
Description of Relevant Subject Matter
US20180099335A1
2017-03-02
Figure 1 teaches a cutting tool having a coating. The base material body (12) is made from tungsten carbide (WC) (¶0043). The adhesion layer (intermediate layer) is contains Titanium (Ti) (¶0100) and had a thickness of 0.5nm to 20 nm (¶0099). A coating layer (first alternating layer) is made if a nitride of Al-Cr-M1 (¶0063) with M1 being one or more of Group 4, Group 5, Group 6, Si and B. (¶0067) Therefore, the analogous coating layer can be Al-Cr-Si-N. The ratio of Cr is 0 to 0.4 (¶0065) and the ratio of Al is 0.5 to 0.9 (¶0066). To determine the amount of Si, Takeshita teaches that M1’s ratio is 1-a-b, and is less than 0.1 (¶0063). A second layer is alternated with the first (¶0048 or ¶0060The ratio of Cr in the second layer is 0.3 to 0.7 (¶0070), the ratio of Al in the second layer is 0.35 to 0.7 (¶0070), and the ratio of Si in the second layer is less than 0.1. A selection from the ranges satisfies the limitations of applicant’s Claim 4. ¶0023 describes advantages to the cutting tool composition.
US20210016361A1
2019-03-25
Figure 1 teaches a tool body (11) formed of tungsten carbide (¶0041). The layers (2, 3) are stacked atop the tool body. The intermediate layer(s) (6) comprises Titanium (¶0061) and have a thickness of 5 nm or greater (¶0043). A first coating layer (3-B) comprises Al-Cr-Si-N (¶0068) with the atomic ratios of Al being 1-a-b-c-d (a=0 to 0.4; b=0.05 to 0.4; c=0 to 0.2; d=0.01 to 0.1) and Cr being b. Therefore, Al, Cr and Si can be within the claimed ranges of Claim 2.
US20200114431A1
2019-03-14
Figure 1 teaches a base body (12) made from tungsten carbide (¶0049); an intermediate layer (¶0068) that comprises Ti (¶0068) and has a thickness of 0.1 microns (but it is “not limited”). Other layers include a first coating layer (131) made from a combination of elements including Al-Cr-Si-N (¶0058) and can have a thickness of 1nm to 100nm (¶0065). The second layer (132) can be made from Al-Cr-Si-N (¶0061).
US20180117680A1
2016-04-25
Figure 1 teaches a substrate (1) that is made from cemented carbide (¶0031), which is indicated in ¶0063 as WC. The intermediate layer (2) comprises Ti (¶0050) and has a thickness (¶0051). The layers (3, 4) of the laminated structure have a composition that comprises Al-M-N with M being Ti-Cr-Si, etc (See ¶0012). The thickness of the alternating layers is 1nm to 50nm. (¶0015). There is a variation of atomic % between the elements of adjacent layers of 0 to 5 (¶0014), more preferably 1 to 4% (¶0039) “Such configuration of the alternating laminate structure does not lead to a reduction in the adhesion between a compound layer which constitutes the alternating laminate structure and another compound layer which is adjacent to the compound layer, thereby resulting in a low degree of mismatching of crystal lattices in the interface between the two compound layers. Thus, the residual compressive stress of the alternating laminate structure can be prevented from being increased, whereby fracture resistance is improved in the machining of difficult-to-machine materials.” (¶0039)
US20160175939A1
2015-05-19
Figure 1 teaches a tool body (101) made from WC (¶0061) having a coating including an intermediate layer (111). The intermediate layer includes Ti (¶0085) and has a thickness of 0.5nm to 20nm (¶0099). The coating includes a first coating layer (112a) and second coating layer (112b) comprising Ti-Al-Si-N. In the first layer, the atomic% for Al is 0.25 to 0.4 (¶0072) and the atomic% for Si is 0.1 or less (¶0072). In the second layer, the atomic% for Al is 0.3 to 0.7 and the atomic% for Si is 0.01 to 0.1 (¶0075). The compositions (atomic%) between layers is different (¶0075).
US20110097167A1
2009-06-26
Figure 1 teaches a cutting tool that has a pocket (6) where a cutting insert (2) is mounted (¶0042).
US20110243674A1
2011-03-30
Figure 1 teaches a rod cutting tool (101) that has a pocket (21) where a cutting insert (501) is placed.
US20230050739A1
2020-12-09
Figure 4 teaches a substrate (11) that is made from tungsten carbide including cobalt (¶0060). The layered coating (40) includes an intermediate layer (31) that contains Ti (¶0111) and has a thickness of less than 15nm (¶0066 teaches the entire thickness of the coating can be equal to 10nm, and that the thickness of the coating film includes the underlying layer.). The multilayer structure layer (20) is made up of layers containing Ti-Al-Si-N (¶0092 gives the specific example) with the inclusion of Chromium taught in ¶0091.
US20200406365A1
2019-07-10
Figure 3 teaches a substrate (2) that a coating (3) is formed on and is made from WC with Co (¶0069). Figure 3 teaches an underlying layer (34) that includes titanium (¶0117) and has a thickness of between 2nm and 50nm (¶0118). The reference states that the underlying layer improves the adhesion force between the substrate and first layer (¶0117). The first layer has a group 4 element: Zr (¶0082).
WO2019065677A1
2018-09-26
Lines 210-211 teach that a composition of AlCrSiN having Al at 20 to 75 atom%; Cr at 25 to 75 atom%; and Si at 0 to 10 atom% improves wear resistance.
US20090252973A1
2007-04-20
¶0027 teaches an AlCrSi compound (¶0073 teaches it can be a nitride, so AlCrSiN is proposed.) is preferred to have a composition of Cr between 1 and 70 atom%; Si between 0.1 an 20 atom%, with the rest being Al. ¶0026 describes this composition as having hardness, adhesion, tensile strength, and oxidation resistance qualities.
JP7406079B2
2021-06-03
Lines 30-33 teach an AlCrSi compound having Al between 50 and 100 atom%; Cr at 20 to 85 atom%; and Si at 4 to 15 atom%. Lines 123-155 discuss advantages to this composition.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Michael W Hotchkiss whose telephone number is (571)272-3854. The examiner can normally be reached Monday-Friday from 0800-1600.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sunil K Singh can be reached at 571-272-3460. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MICHAEL W HOTCHKISS/Primary Examiner, Art Unit 3726