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 § 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 pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter 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 pre-AIA 35 U.S.C. 103(a) 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.
Claims 1 and 2 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Miyashita (JP2020142312) of which attached corresponding English translation is cited in view of Fukunaga et al. (JP2002331403) of which attached corresponding English translation is cited.
Regarding Claim 1, Miyashita teaches a coated tool comprising:
a base body (Fig. 1, WC) made of WC-based cemented carbide containing WC particles as a hard phase component ([0010]: WC cemented carbide) and Co as a main component of a binding phase ([0009]: Co in the WC substrate), and
a first coating layer (Fig. 1, TiCoC layer) located on the base body (Fig. 1, WC), wherein
the first coating layer (Fig. 1, TiCoC layer) is made of at least one element selected from the group consisting of Al, Cr, Si, Group 4 elements, Group 5 elements, and Group 6 elements, and at least one element selected from the group consisting of C and N ([0012]: TiCoCN; Ti belongs to Group 4).
Miyashita does not explicitly teach in an interface region between the base body and the first coating layer in a cross section perpendicular to a surface of the base body, when a maximum value (atm%) of Ti obtained by elemental analysis in a transverse direction from the first coating layer to the WC particle is defined as a Ti(WC) value, a maximum value (atm%) of Ti obtained by elemental analysis in a transverse direction from the first coating layer to the binding phase is defined as a Ti(Co) value, and a ratio of the Ti(WC) value and the Ti (Co) value (Ti(Co) value/Ti(WC) value) is defined as a Ti(Co/WC) ratio, the Ti(Co/WC) ratio is 0.8 or less.
Fukunaga teaches a base body made of WC-based cemented carbide ([0009]: the substrate is tungsten carbide-based cemented carbide alloy) containing WC particles ([0016]: WC-Co) as a hard phase component and Co ([0009]: Co) as a main component of a binding phase a hard substrate and protrusions (Fig. 2, 3) at segregations of the main component of the hard phase (Fig. 2, 1) of the substrate where the binder phase (Fig. 1, 2) lies ([0017]: the main component of the hard phase is segregated at the grain boundaries of the protrusions; because the melting point of the main component of the binder phase is low, the crystal grains tend to expand in three dimensions) ([0025]: mushroom-shaped protrusions 3 protrude into the film from the binder phase 2 between WC grains 1).
Fukunaga also teaches that in example 1, Ti, Co and W contents of the protrusion 3 were 79.0, 6.0 and 16.1 mass% and those of the upper part 5 were 91.2, 2.8 and 6.1 mass % ([0025]) and example 2, Ti, Co and W contents of the protrusion 3 were 66.1, 11.2 and 22.7 mass% and those of the upper part 5 were 72.0, 15.5 and 11.5 mass% ([0029]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to form protrusions on the surface of the base body of Miyashita as taught by Fukunaga in order to improve adhesion between the base body and the coating as suggested in Fukunaga [0006].
As a result of having protrusions with a lower amount of Ti at the binding phase versus the hard phase as shown in both examples above, a maximum value (atm%) of Ti defined as Ti(WC) in a transverse direction from the first coating layer to the WC particle would be higher than a maximum value (atm%) of Ti defined as Ti(Co) in a transverse direction from the first coating layer to the binding phase. Although a ratio of the maximum values are not explicitly taught by Miyashita/Fukunaga, it would be obvious to one of ordinary skill in the art to determine a desired size and micro-structure of the protrusion for an excellent adhesion between the base body and the coating, which would result to a certain ratio of Ti(Co/WC) including 0.8 or less.
Regarding Claim 2, Miyashita/Fukunaga teach the coated tool according to claim 1, wherein
a thickness of a region containing Ti on the WC particle in the interface region is 1 nm or greater and 15 nm or less (Miyashita [0010]: 1 to 50 nm). 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(I)
Claim 3 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Fukui (JP3633837) of which attached corresponding English translation is in view of Miyashita (JP2020142312) of which attached corresponding English translation is cited and Fukunaga et al. (JP2002331403) of which attached corresponding English translation is cited.
Regarding Claim 3, Fukui teaches a cutting tool (see Fig. 23) comprising:
a rod-like holder (Fig. 23, 432) comprising a pocket (Fig. 23 shows a triangle-shaped pocket at the end of the rod-like holder (432)) at an end portion thereof, and a coated tool (Fig. 23, 431) located in the pocket.
Fukui does not explicitly teach the coated tool according to claim 1.
Miyashita/Fukunaga teach the coated tool according to claim 1. (See rejection of claim 1 above)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the coated tool of Miyashita/Fukunaga or a tool having a same shape as the tool of Fukui made by the method of Miyashita/Fukunaga in the cutting tool of Fukui as the coated tool of Miyashita/Fukunaga has an excellent tool life as suggested in Fukunaga [0006].
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JUN S YOO whose telephone number is (571)270-7141. The examiner can normally be reached 9AM-5PM.
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/JUN S YOO/Primary Examiner, Art Unit 3726 3/5/2026
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