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 Objections
Claim 1 is objected to because of the following informalities: Claim 1 recites “preferably” in line 5. It needs to be deleted.
Claim 12 recites “(consisting of)” which should be changed to “consisting of” to indicated an added claim limitation.
Appropriate correction is required.
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.
Claim(s) 1-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fukano et al. (U.S. Patent Publication No. 2004/0161639) in view of Akesson (U.S. Patent Publication No. 2021/0138556).
Regarding Claim 1, Fukano teaches a coated cutting tool ([0019]: a surface-coated cutting tool) for chip-forming metal machining consisting of a substrate (Fig. 1, 2) and a multi-layered wear resistant hard coating (Fig. 1, 3) ([0053]: hard coating layer 3), comprising:
a) a TiCN layer (Fig. 1, 4) having a total thickness of from 2 µm to 20 µm ([0063]:3-15 μm) (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)), wherein the TiCN layer has a multi-sublayer structure ([0061]: three or more layers) ([0062]: a multi-layer structure) ([0080]: at least two layers) of C-type and N-type sublayers wherein the C-type and N-type sublayers have different stoichiometries with respect to an atomic ratio of carbon and nitrogen, with the C-type TiCN sublayers having a C/N ratio in the range of 1.0≤C/N≤2.0 ([0080]: for carbon-rich TiCN layer, 1.5<C/N<4), and the N-type TiCN sublayers having a C/N ratio in the range of 0.5≤C/N<1.0 ([0080]: for nitrogen-rich TiCN layer, 0.2<C/N<0.7) and with a difference between the C/N ratio of adjacent C-type and N-type layers being ≥0.2 (since the lowest C/N value of C-type is 1.5 and the highest C/N value of N-type is 0.7, the smallest difference between the C/N ratio of adjacent C-type and N-type must be > 0.8),
b) a single-layer oxygen containing Ti or Ti+Al compound bonding layer (Fig. 2, 7) on top of the TiCN layer ([0065]: TiCNO is an oxygen containing Ti compound bonding layer) with a total thickness of from 0.5 μm to 3 μm ([0065]: total thickness of the intermediate layer 7 is preferably from 0.1 to 1 μm which overlap with the claimed range of 0.5 um to 3 µm). (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)) (Although the intermediate layer 7 is between the two TiCN layers 4a and 4b, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the intermediate layer on top of the two TiCN layers as it would still perform the function of preventing the components of the base body from diffusing into the hard coating layer 3 as suggested in in [0065].)
c) an α-Al₂O₃ layer (Fig. 1, 6) on top of the bonding layer (Fig. 1, 7) with a total thickness of from 2 µm to 15 µm ([0064]: 1 to 10 μm) (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)).
Although Fukano does not explicitly teach a multi-sublayer structure having a total of p alternating C-type and N-type sublayers with p being an even or odd number in the range from 5 to 25, it teaches forming a plurality of TiCN sublayers having different ratios of C/N to obtain a coating structure that provides a good adhesion force and a high wear resistance as suggested in [0082]. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configure a predetermined multi-sublayer structure having a sequence of a plurality of C-type and N-type sublayers (including a total of 5 to 25 alternating C-type and N-type sublayers) that would achieve a desired adhesion of the sublayers and wear resistance.
Fukano does not explicitly teach the TiCN layer has an overall fiber texture characterized by a texture coefficient TC (422) in the range from 3.0 to 5.5, the TC (422) being defined as follows:
TC(422)=I(422)/I0(422)X(1/n
∑
0
n
I
(
h
k
l
)
/
I
0
(
h
k
l
)
)
)-1
wherein
I(hkl)=XRD intensity of the (h k reflection
I₀(hkl)=standard intensity of the standard powder diffraction data according to ICDD's PDF-card no 01-071-6059
n = 7 = number of reflections used in the calculation, whereby the seven (h k1) reflections used are: (111), (2 0 0), (220), (3 (3 3 1), (420), and (4 2 2);
c) the α-Al₂O₃ layer has an overall fiber texture characterized by a texture
coefficient TC (0012) > 5, the TC (0 0 12) being defined as follows:
TC(0012)=I(0012)/I0(0012)X(1/n
∑
1
n
I
(
h
k
l
)
/
I
0
(
h
k
l
)
)
-1
wherein
I(hkl) = XRD intensity of the (h k 1) reflection
I₀(hkl) = standard intensity measured on the NIST standard powder
SRM676a
n = 8 = number of reflections used in the calculation, whereby the
eight (h k 1) reflections used are: (104), (110), (1 1 3), (0 2 4),
(1 1 6), (300), (0 0 12) and (0114),
the standard intensities having the following values:
{hk1}
{104}
{110}
{113}
{024}
{116}
{300}
{0012}
{0114}
I₀(hkl)
87.93
37.68
100.00
45.76
92.43
53.93
2.05
5.16
Akesson teaches wherein the TiCN layer has an overall fiber texture characterized by a texture coefficient TC (422) in the range greater than 3 which overlap with a claimed range of from 3.0 to 5.5 ([0041]: TC(4 2 2) > 3) (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)), the TC (422) being defined as follows:
TC(422)=I(422)/I0(422)X(1/n
∑
0
n
I
(
h
k
l
)
/
I
0
(
h
k
l
)
)
)-1 (see [0032])
wherein
I(hkl)=XRD intensity of the (h k reflection
I₀(hkl)=standard intensity of the standard powder diffraction data according to ICDD's PDF-card no 01-071-6059
n = 7 = number of reflections used in the calculation, whereby the seven (h k1) reflections used are: (111), (2 0 0), (220), (3 1 1), (3 3 1), (420), and (4 2 2) ([0041]);
c) the α-Al₂O₃ layer has an overall fiber texture characterized by a texture coefficient TC (0012) > 5 ([0033]: TC(0 0 1 2)>7.2 which overlaps with a claimed range of > 5) (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)), the TC (0 0 12) being defined as follows:
TC(0012)=I(0012)/I0(0012)X(1/n
∑
1
n
I
(
h
k
l
)
/
I
0
(
h
k
l
)
)
-1 (see [0032])
wherein
I(hkl) = XRD intensity of the (h k 1) reflection
I₀(hkl) = standard intensity measured on the NIST standard powder
SRM676a
n = 8 = number of reflections used in the calculation, whereby the
eight (h k 1) reflections used are: (104), (110), (1 1 3), (0 2 4),
(1 1 6), (300), (0 0 12) and (0114) (see [0032]),
the standard intensities having the following values:
{hk1}
{104}
{110}
{113}
{024}
{116}
{300}
{0012}
{0114}
I₀(hkl)
87.93
37.68
100.00
45.76
92.43
53.93
2.05
5.16
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to form a TiCN layer of Fukano having a certain texture coefficient value as taught by Akesson in order to achieve a desired material properties of the cutting tool such as improved resistance against plastic deformation while maintaining the same toughness or further improving the toughness as suggested in Akesson [0005]-[0006].
Regarding Claim 2, Fukano/Akesson teach the coated cutting tool of claim 1, wherein at least one base layer (Fukano Fig. 3, 17) of TiN or TiC is deposited immediately on the substrate surface (Fukano [0105]: a base layer 17 comprising TiN) (Fukano [0133]: when at least … of TiN layer, TiC layer … between the base body 22 and the TiCN layer 24) and underneath the TiCN layer, the base layer having a thickness in the range from 0.3 to 1.5 µm, or from 0.3 to 1.0 µm, or from 0.3 to 0.7 µm (Fukano [0106]: 0.5 to 2.0 μm) (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)).
Regarding Claim 3, Fukano/Akesson teach the coated cutting tool of claim 1, wherein the TiCN layer has an overall fiber texture characterized by a texture coefficient TC (422) in the range from 3.5 to 5.5 or from 4.0 to 5.3 (Akesson [0041]: TC(4 2 2) > 3) (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)).
Regarding Claim 4, although Fukano/Akesson do not explicitly teach wherein in the multi-sublayer structure of the TiCN layer in a growth direction the first sublayer on top of the base layer and a final sublayer underneath the bonding layer are C-type layers, there is only a finite number of different ways to configure the first sublayer and a final sublayer in the multi-sublayer structure of N-type and C-type. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to determine an optimal combination of the first and final sublayers including the claimed combination that would provide desired material properties of the TiCN layer.
Regarding Claim 5, although Fukano/Akesson teach the thickness ratio between the C-type sublayer and the adjacent N-type sublayer is between 0.4 and 1.2 (Fukano [0084]: tC/tN is in a range from 0.4 to 1.2), it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to determine an optimal thickness ratio including 2 or greater that would provide desired material properties of the TiCN layer.
Regarding Claim 6, Fukano/Akesson teach the coated cutting tool of claim 1, wherein in the multi-sublayer structure of the TiCN layer each N-type sublayer has a thickness of at least 0.05 µm, or at least 0.1 µm, or at least 0.2 µm (Fukano [0062]: thickness Ti of lower TiCN layer is in a range of 1 μm<ti<10 μm and thickness Tu of upper TiCN layer is in a range of 0.5 μm<tu<5 μm). (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))
Regarding Claim 7, Fukano/Akesson teach the coated cutting tool of claim 1, wherein in the multi-sublayer structure of the TiCN layer in the growth direction all C-type sublayers have a thickness in the range from 0.5 to 4 µm. (Fukano [0062]: thickness Ti of lower TiCN layer is in a range of 1 μm<ti<10 μm and thickness Tu of upper TiCN layer is in a range of 0.5 μm<tu<5 μm). (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))
Regarding Claim 8, Fukano/Akesson teach the coated cutting tool of claim 1, wherein the Ti or Ti+Al compound bonding layer has a multi-sublayer structure (Akesson [0060]: TiCNO-1, TiCNO-2, TiCNO-3) and a total composition of TiCNO (Fukano [0065]: TiCNO).
Regarding Claim 9, Fukano/Akesson teach the coated cutting tool of claim 1, wherein the substrate consists of cemented carbide, cermet, ceramics, steel or cubic boron nitride, preferably of cemented carbide. (Fukano [0005]: cemented carbide, cermet, etc.)
Regarding Claim 10, this is considered a product-by-process claim whose patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process. (see MPEP 2113) The coated cutting tool in this claim is obvious from a coated cutting tool of Fukano/Akesson as indicated in the rejection of Claim 1.
Furthermore, Akesson teaches forming Ti compound and α-Al₂O₃ layers by HTCVD at the temperature range 950-1050 o ([0034] & [0039]) and TiCN layer by MTCVD at the temperature range 800-950 o ([0034] & [0038]).
Regarding Claim 11, Fukano/Akesson teach the use of the coated cutting tool of claim 1 for continuous and interrupted chip-forming machining of ISO P or ISO K steel materials (Akesson [0044]: turning insert for turning in steel, cast iron), including turning operations.
Regarding Claim 12, Fukano teach process for manufacturing of a coated cutting tool of claim 1, wherein the multi-layered wear resistant hard coating is deposited on the substrate by chemical vapour deposition (CVD) ([0072]), comprising the
steps of:
deposition of the TiCN layer (Fig. 1, 4) in a multi-sublayer structure by MT-CVD at a reaction temperature in the range from 600°C to 900°C from a process gas composition including at least TiCl4, H₂, N₂ and CH₃CN ([0072]: TiCl4, H₂, N₂ and CH₃CN at a temperature from 800 to 1100o) (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)), to a total thickness of from 2 µm to 20 µm ([0063]: 3 to 15 μm), wherein the C-type and N-type sublayers have different stoichiometries with respect to the atomic ratio of carbon and nitrogen, with the C-type TiCN sublayers having a C/N ratio in the range of 1.0≤C/N≤2.0 ([0080]: 1.5<C/N<4), and the N-type TiCN sublayers having a C/N ratio in the range of 0.5≤C/N<1.0 ([0080]: 0.2<C/NC<0.7) ([0080]), and with the difference between the C/N ratio of adjacent C-type and N-type layers being ≥0.2 (since the lowest C/N value of C-type is 1.5 and the highest C/N value of N-type is 0.7, the smallest difference between the C/N ratio of adjacent C-type and N-type must be greater than 0.8), the C/N ratio being adjusted by the ratio of N₂ / CH₃CN in the process gas composition ([0094]);
deposition of the single-layer or multi-sublayer oxygen containing Ti or Ti+Al compound bonding layer (Fig. 2, 7) on top of the TiCN layer (Fig. 1, 4) to a total thickness of from 0.5 µm to 3 µm ([0065]: total thickness of the intermediate layer 7 is preferably from 0.1 to 1 μm which overlap with the claimed range of 0.5 um to 3 µm). (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)) (Although the intermediate layer 7 is between the two TiCN layers 4a and 4b, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the intermediate layer on top of the two TiCN layers as it would still perform the function of preventing the components of the base body from diffusing into the hard coating layer 3.), by thermal HT-CVD or MT-CVD from a process gas composition including at least TiCl4, H₂, N₂, ([0077]);
and
deposition of an α-Al₂O₃ layer on top of the oxidation step treated bonding layer with a total thickness of from 2 µm to 15 µm ([0064]: 1 to 10 μm) (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)), by HT-CVD at a reaction temperature in the range from 900°C to 1200°C ([0079]: 800 to 1000oC).
Although Fukano does not explicitly teach a multi-sublayer structure having a total of p alternating C-type and N-type sublayers with p being an even or odd number in the range from 5 to 25, it teaches forming a plurality of TiCN sublayers having different ratios of C/N to obtain a coating structure that provides a good adhesion force and a high wear resistance as suggested in [0082]. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configure a predetermined multi-sublayer structure (including a total of 5 to 25 alternating C-type and N-type sublayers) that would achieve a desired adhesion of the sublayers and wear resistance.
Fukano does not explicitly teach deposition of the single-layer or multi-sublayer oxygen containing Ti or Ti+Al compound bonding layer by thermal HT-CVD or MT-CVD from a process gas composition including at least TiCl4, H₂, N₂, CO;
carrying out an oxidation step to the bonding layer at a temperature in the range from 900-1200°C, a pressure in the range from 30 to 150 mbar, a time from 2-20 min, and in a gas atmosphere consisting of H₂, N₂, 1-10 vol.% CO₂ and 1-20 vol.% CO.
Akesson teaches deposition of the TiCN layer by MT-CVD at the temperature range 800-950 o ([0034] & [0038]);
deposition of the single-layer or multi-sublayer oxygen containing Ti or Ti+Al compound bonding layer ([0060]: TiCNO-1) by thermal HT-CVD from a process gas composition including at least TiCl4, H₂, N₂, CO ([0060]: TiCl4, CH3CN, CO, N2 and H2);
carrying out an oxidation step to the bonding layer a pressure in the range from 30 to 150 mbar (Table 4: in oxidation row, 55 mbar), a time from 2-20 min ([0060]: 4 minutes), and in a gas atmosphere comprising consisting of H₂, N₂, 1-10 vol.% CO₂ (Table 4: in oxidation row, 3.7%) and 1-20 vol.% CO (Table 4: in oxidation row, 12.5%) ([0060]: CO2, CO, N2 and H2)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to apply the Akesson’s method for depositing the TiCN layer, the compound bonding layer and α-Al₂O₃ layer of Fukano in order to develop different crystal structures desired in each of these layers.
Examiner takes official notice that it is old and well known in the art to carry out an oxidation step to the bonding layer (e.g. TiCNO) at a temperature in the range from 900-1200°C.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to oxidize the bonding layer of Fukano/Akesson at a temperature in the range from 900-1200°C in order to improve its adhesive bonding property.
Regarding Claim 13, Fukano/Akesson teach the process of claim 12, further comprising the step of deposition of at least one base layer (Fukano Fig. 3, 17) of TiN or TiC immediately on the substrate surface (Fukano [0105]: a base layer 17 comprising TiN) (Fukano [0133]: when at least … of TiN layer, TiC layer … between the base body 22 and the TiCN layer 24) to a base layer thickness in the range from 0.3 to 1.5 µm (Fukano [0106]: 0.5 to 2.0 μm) (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)) by thermal HT-CVD or MT-CVD from a process gas composition comprising at least TiCl4, H₂ and N₂.
Regarding Claim 14, Fukano/Akesson teach the process of claim 12, wherein the Ti or Ti+Al compound bonding layer (Fukano Fig. 2, 7) is deposited by multiple subsequent deposition steps to obtain a multi-sublayer structure (Akesson [0060]: TiCNO-1, TiCNO-2, TiCNO-3), wherein each deposition step is carried out by HT-CVD (Akesson [0060]: HTCVD) at a reaction temperature in the range from 900°C to 1200°C (Akesson [0060]: at 1000°C).
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 4/15/2026
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