Prosecution Insights
Last updated: July 17, 2026
Application No. 18/666,271

SURFACE COATED CUTTING TOOLS

Non-Final OA §103
Filed
May 16, 2024
Examiner
DILLON, DANIEL P
Art Unit
1783
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Kennametal Inc.
OA Round
1 (Non-Final)
25%
Grant Probability
At Risk
1-2
OA Rounds
1y 4m
Est. Remaining
55%
With Interview

Examiner Intelligence

Grants only 25% of cases
25%
Career Allowance Rate
66 granted / 262 resolved
-39.8% vs TC avg
Strong +30% interview lift
Without
With
+29.5%
Interview Lift
resolved cases with interview
Typical timeline
3y 6m
Avg Prosecution
53 currently pending
Career history
324
Total Applications
across all art units

Statute-Specific Performance

§103
82.8%
+42.8% vs TC avg
§102
4.0%
-36.0% vs TC avg
§112
0.8%
-39.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 262 resolved cases

Office Action

§103
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 . Election/Restrictions Applicant’s election without traverse of Group I, claims 1-17, in the reply filed on 04/08/2026 is acknowledged. Information Disclosure Statement The information disclosure statements (IDS) submitted on 01/08/2025, 05/07/2025 and 08/28/2025 have been considered by the examiner. Claim Rejections - 35 USC § 103 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. Claims 1-5 and 10-17 are rejected under 35 U.S.C. 103 as being unpatentable over Liu et al. (US 2023/0085248) in view of Fan (US 2022/0331881). Regarding claim 1, Liu teaches coated cutting tools which include a substrate and a coating adhered to the substrate comprising a polycrystalline α-alumina deposited by chemical vapor deposition (Paragraph [0004]). The coatings may have a texture coefficient (TC) of greater than 6 for the (006) growth direction and greater than 5 for the (0012) direction with identical formulas to that of claim 1 (Paragraphs [0006]-[0016]). Liu is silent with respect to the alumina layer having a length of ∑3 type grain boundaries as measured by EBSD of more than 0% but less than 10% of the total length of all grain boundaries. Fan teaches coated cutting tools (Paragraph [0001]). The tools include a substrate and an alumina layer (Paragraph [0011]). The alumina layers are formed such that the length of ∑3 grain boundaries being 1% to 10% of the total length of all grain boundaries in order to allow for the increase in the proportion of random grain boundaries having relatively high grain boundary energy and facilitate nucleation of the grain boundaries (Paragraphs [0050]). Therefore, it would have been obvious to one of ordinary skill in the art before the filing of the invention to form the alumina coatings of Liu to have a length of ∑3 grain boundaries being 1% to 10% of the total length of all grain boundaries in order to allow for the increase in the proportion of random grain boundaries having relatively high grain boundary energy and facilitate nucleation of the grain boundaries as taught by Fan. Regarding claim 2, Liu teaches the tools as discussed above with respect to claim 1. As discussed above, the length of ∑3 grain boundaries being 1% to 10% of the total length of all grain boundaries. Regarding claim 3, Liu teaches the tools as discussed above with respect to claim 1. As discussed above, the length of ∑3 grain boundaries being 1% to 10% of the total length of all grain boundaries. Regarding claim 4, Liu teaches the tools as discussed above with respect to claim 1. As discussed above, the TC for the (006) direction is greater than 6. Regarding claim 5, Liu teaches the tools as discussed above with respect to claim 4. As discussed above, the TC for the (0012) direction is greater than 5. Regarding claim 10, Liu teaches the tools as discussed above with respect to claim 1. Liu further teaches at least 5% of all grain boundaries having a misorientation angle of less than 15 degrees (Paragraph [0004]). Regarding claim 11, Liu teaches the tools as discussed above with respect to claim 10. As discussed above, Liu further teaches at least 5% of all grain boundaries having a misorientation angle of less than 15 degrees, overlapping with the claimed ranges. Regarding claim 12, Liu teaches the tools as discussed above with respect to claim 11. As discussed above, Liu further teaches at least 5% of all grain boundaries having a misorientation angle of less than 15 degrees, overlapping with the claimed ranges. Regarding claim 13, Liu teaches the tools as discussed above with respect to claim 1. The alumina layer may have a thickness of 1 to 20 microns (Paragraph [0047]). Regarding claim 14, Liu teaches the tools as discussed above with respect to claim 1. The alumina layers may have a residual stress of 20 to 400 MPa (Paragraph [0047]). Regarding claim 15, Liu teaches the tools as discussed above with respect to claim 1. The tools may further have an inner layer between the substrate and the alumina layer formed from one or more metallic elements selected from the group consisting of aluminum and metallic elements of Groups IVB, VB and VIB of the Periodic Table and one or more non-metallic elements selected from Groups IIIA, IVA, VA and VIA of the Periodic Table (Paragraph [0048]). Regarding claim 16, Liu teaches the tools as discussed above with respect to claim 15. As discussed above, the inner layers may be formed from one or more metallic elements selected from the group consisting of aluminum and metallic elements of Groups IVB, VB and VIB of the Periodic Table and one or more non-metallic elements selected from Groups IIIA, IVA, VA and VIA of the Periodic Table. Regarding claim 17, Liu teaches the tools as discussed above with respect to claim 1. The substrates may be formed from cemented carbide having a metallic binder in an amount of 1 to 15 weight percent (Paragraph [0018]). Claims 6-9 are rejected under 35 U.S.C. 103 as being unpatentable over Liu et al. (US 2023/0085248) in view of Fan (US 2022/0331881) as applied to claim 1 above, and further in view of Engqvuist et al. (US 2020/0306837). Regarding claim 6, Liu teaches the tools as discussed above with respect to claim 1. Liu is silent with respect to the alumina layer comprising columnar grains. Engqvuist teaches a CVD coated cutting tool which includes an alumina layer and having improved crater wear resistance (Paragraph [0001]). The alumina layers may be provided with columnar grains having a width of 0.5 to 2 microns (Paragraph [0017]-[0018]). Therefore, it would have been obvious to one of ordinary skill in the art before the filing of the invention to form the alumina layers of Liu to have columnar grains with widths of 0.5 to 2 microns providing improved wear resistance as taught by Engqvuist. Regarding claims 7-9, Liu teaches the tools as discussed above with respect to claim 6. As discussed above, the grains of the alumina layers have widths from 0.5 to 2 microns. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL P DILLON whose telephone number is (571)270-5657. The examiner can normally be reached Mon-Fri; 8 AM to 5 PM. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, MARIA V EWALD can be reached at 571-272-8519. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /DANIEL P DILLON/Examiner, Art Unit 1783 /MARIA V EWALD/Supervisory Patent Examiner, Art Unit 1783
Read full office action

Prosecution Timeline

May 16, 2024
Application Filed
Jun 16, 2026
Non-Final Rejection mailed — §103 (current)

Precedent Cases

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
25%
Grant Probability
55%
With Interview (+29.5%)
3y 6m (~1y 4m remaining)
Median Time to Grant
Low
PTA Risk
Based on 262 resolved cases by this examiner. Grant probability derived from career allowance rate.

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