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 .
DETAILED ACTION
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 of this title, 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 1-4, 6-9, and 20-22 are rejected under 35 U.S.C. 103 as being unpatentable over USPN 5184598, Bell in view of USPN 7353819, Lee, and in view of USPGPUB 20190217497, Michelon.
Regarding Claims 1 and 7-8, Bell discloses a chain link (combination of parts 38 and 40, fig. 2) for a chain saw (abstract), comprising:
a weld pad (top surfaces of links 38)
a sintered diamond layer (cutting-blocks 40, col. 3 15-25 and col 4, 10-35) coupled to the weld pad (fig 2 and col 4, 25-30).
Bell lacks feature I: the diamond layer being a sintered diamond layer
and
feature II: a recess portion at an outside edge of the weld pad, wherein the recess portion extends through a thickness of the weld pad and wherein the sintered diamond layer comprises a protrusion disposed in the recess portion of the weld pad (Claim 1), and wherein the weld pad has a height as measured along an axis perpendicular to a face of the weld pad to which the sintered diamond layer is coupled, and wherein the protrusion does not extend beyond the periphery of the weld pad (Claim 7), and wherein the weld pad has a length as measured in a direction parallel to a direction of movement of the chain link when used in a cutting implement, and a width as measured in a direction perpendicular to the length, and wherein the sintered diamond layer does not extend beyond the length or the width of the weld pad (Claim 8).
Regarding feature I: Michelon discloses a chainsaw chain link device (abstract, par 0002) in the same field of endeavor as the chainsaw chain link device tool of the present invention and discloses that such a system includes a link 200 for the chainsaw which is coupled to a diamond layer 100 on a top portion thereof and discloses that such a diamond layer is a sintered diamond layer (par 0057) in order to have the diamond layer wear with use and expose new diamond crystals resulting in consistent performance over the life of the utility chain (par 0010).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Bell by including the diamond layer being a sintered diamond layer in order to have the diamond layer wear with use and expose new diamond crystals resulting in consistent performance over the life of the utility chain as taught by Michelon.
Regarding feature II: Lee discloses a cutting tool (abstract) which includes diamond segments (100, col. 3, 55-65) on top portions of weld pads (top portions of shanks 200 of the tool) in the same field of endeavor as the cutting tool which includes diamond segments on top portions of weld pads tool of the present invention and discloses that such a system includes a recess portion (“grooves” which receive protrusions 120 of segments 100) at an outside edge of the weld pad (fig 3), wherein the recess portion extends through a thickness of the weld pad (fig 3) and wherein the sintered diamond layer comprises a protrusion (120) disposed in the recess portion of the weld pad (fig. 3), and wherein the weld pad has a height as measured along an axis perpendicular to a face of the weld pad to which the sintered diamond layer is coupled (fig. 3), and wherein the protrusion 120 does not extend beyond the periphery of the weld pad (fig 3) (Claim 7), and wherein the weld pad has a length as measured in a direction parallel to a direction of movement of the cutter (see annotated fig 3 below) when used in a cutting implement (abstract), and a width as measured in a direction perpendicular to the length (see annotated fig 2A below), and wherein the diamond layer does not extend beyond the length or the width of the weld pad (see annotated figs 2A and 3 below) (Claim 8) in order to impart additional hardness to the shank 200 directly surrounding it and, thereby, minimize its abrasion, col. 4, 55-60.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Bell by including the weld pad having a recess portion at an outside edge of the weld pad, wherein the recess portion extends through a thickness of the weld pad and wherein the sintered diamond layer comprises a protrusion disposed in the recess portion of the weld pad (Claim 1) and wherein the weld pad has a height as measured along an axis perpendicular to a face of the weld pad to which the sintered diamond layer is coupled, and wherein the protrusion does not extend beyond the periphery of the weld pad (Claim 7), and wherein the weld pad has a length as measured in a direction parallel to a direction of movement of the chain link when used in a cutting implement, and a width as measured in a direction perpendicular to the length, and wherein the sintered diamond layer does not extend beyond the length or the width of the weld pad (Claim 8) in order to impart additional hardness to the shank 200 directly surrounding it and, thereby, minimize its abrasion as taught by Lee.
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Regarding Claim 2, Modified Bell lacks wherein: the weld pad further comprises an additional recess portion and the sintered diamond layer includes a second protrusion disposed in the second recess portion of the weld pad.
As noted above, the Bell device as modified by Lee already includes a first recess on the weld pad and a projection of the diamond layer disposed in the recess portion.
Also, as noted in MPEP 2144.04VI.B., it is a well-known legal principal in the prosecution of mechanical art patent Applications/inventions that a duplication of parts in a mechanical apparatus involves only routine skill in the art. St. Regis Paper Co. v. Bemis Co., 193 USPQ 8.
Thus, it would have been obvious to one having ordinary skill in the art at the time the invention was made to further modify Bell by including a second recess on the weld pad and a second projection of the diamond layer disposed in the second recess portion, since such duplication of parts has been held to only involve routine skill in the art. Also, such a modification would be recognized by one of ordinary skill in the art to add to the already disclosed hardening benefit of the projection/recess structure disclosed by Lee.
Regarding Claim 3, in Bell, the sintered diamond layer includes diamond and at least one of: cobalt, nickel, iron, zinc, copper, tin, phosphorous, aluminum, manganese, chromium, and alloys thereof (col. 6, 10-15).
Regarding Claim 4, in Bell, the wherein the sintered diamond layer comprises diamond and a matrix material other than cobalt (col. 6, 10-15; since cobalt is only one of the potential materials that are disclosed as possible in the layer, thus an artisan may include the layer comprising of diamond segments with steel and not cobalt).
Regarding Claim 6, Bell also discloses a chain link 34 attached to the weld pad 38. However, Bell lacks the chain link further comprises a drive link that is welded to the weld pad.
The limitation reading “a drive link that is welded to the weld pad.” is being treated as a product by process limitation.
Product-by-Process claim limitations are not limited to the manipulations of the recited steps, but only the structure implied by the steps. Thus, the patentability of a product does not depend on its method of production, and if a product in a product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even if the prior art product was made by a different process. See MPEP 2113. In this case, since the chain link 34 is attached to the weld pad 38 then the product no matter how it is formed, meets the claim limitation of being welded thereto.
Regarding Claim 9, modified Bell discloses all the limitations of Claim 2, as discussed above.
As modified in the Claim 2 rejection above, Bell would also include wherein a portion of the weld pad is between the protrusion and the additional protrusion (since as modified above the protrusions are on opposite ends of the link, at the periphery thereof).
Regarding Claims 20-21, Bell discloses cutting link 38 for a cutting chain (abstract), the cutting link comprising:
a weld pad (tops of links 38 which have the cutting blocks 40 weld thereon, see col 4, 25-35); and
a diamond layer (cutting-blocks 40, which are disclosed to be diamond impregnated in col. 3 15-25 and col 4, 10-35; and the cutting links 38) mechanically interfaced with the weld pad (e.g. via the welding described above).
Bell lacks feature I: the diamond layer being a sintered diamond layer
and
feature II: such that a portion of the weld pad is between portions of the sintered diamond layer (Claim 20), and wherein the recess portion extends through a thickness of the weld pad and wherein the sintered diamond layer comprises a protrusion disposed in the recess portion of the weld pad (Claim 21).
Regarding feature I: Michelon discloses a chainsaw chain link device (abstract, par 0002) in the same field of endeavor as the chainsaw chain link device tool of the present invention and discloses that such a system includes a link 200 for the chainsaw which is coupled to a diamond layer 100 on a top portion thereof and discloses that such a diamond layer is a sintered diamond layer (par 0057) in order to have the diamond layer wear with use and expose new diamond crystals resulting in consistent performance over the life of the utility chain (par 0010).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Bell by including the diamond layer being a sintered diamond layer in order to have the diamond layer wear with use and expose new diamond crystals resulting in consistent performance over the life of the utility chain as taught by Michelon.
Regarding feature II: Lee discloses a cutting tool (abstract) which includes diamond segments (100, col. 3, 55-65) on top portions of weld pads (top portions of shanks 200 of the tool) in the same field of endeavor as the cutting tool which includes diamond segments on top portions of weld pads tool of the present invention and discloses that such a system includes a recess portion (“grooves” which receive protrusions 120 of segments 100) at an outside edge of the weld pad (fig 3), wherein the diamond layer extends along a height of the steel weld pad at a peripheral portion of the steel weld pad (see annotated figs 2A and 3 above), such that a portion of the weld pad is between portions of the sintered diamond layer (fig 3, annotated below) (Claim 20), wherein the recess portion extends through a thickness of the weld pad (fig 3) and wherein the sintered diamond layer comprises a protrusion (120) disposed in the recess portion of the weld pad (fig. 3) (Claim 21) in order to impart additional hardness to the shank 200 directly surrounding it and, thereby, minimize its abrasion, col. 4, 55-60.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Bell by including the weld pad having a recess portion at an outside edge of the weld pad, and wherein the diamond layer extends along a height of the steel weld pad at a peripheral portion of the steel weld pad, wherein the diamond layer extends along a height of the steel weld pad at a peripheral portion of the steel weld pad, such that a portion of the weld pad is between portions of the sintered diamond layer (Claim 20) wherein the recess portion extends through a thickness of the weld pad and wherein the sintered diamond layer comprises a protrusion disposed in the recess portion of the weld pad (Claim 21) in order to impart additional hardness to the shank directly surrounding it and, thereby, minimize its abrasion as taught by Lee.
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Regarding Claim 22, in Bell, the cutting link comprises a drive link (38) comprising the weld pad as an integrated pad (fig. 2, and col. 3, 60-67).
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable Bell in view of Lee and Michelon, as applied to Claim 1 above, and further in view of USPN 4907564, Sowa.
Regarding Claim 5, Modified Bell lacks wherein the sintered diamond layer is sintered to the weld pad.
Sowa discloses a cutting tool (abstract) which includes diamond segments (24) on top portions of weld pads (top portions of pads 9, col 4, 5-20) in the same field of endeavor as the cutting tool which includes wherein the sintered diamond layer 9 is sintered to the weld pad 8, (col. 4, 5-15) in order to sufficiently fix the layers 9 in position (col. 4, 10-15).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Bell by including the sintered diamond layer is sintered to the weld pad in order to sufficiently fix the layers in position as taught by Sowa.
Claims 10 and 19, are rejected under 35 U.S.C. 103 as being unpatentable over USPN 5184598, Bell in view of USPN 7353819, Lee.
Regarding Claims 10, Bell discloses a diamond segment (cutting-blocks 40, which are disclosed to be diamond impregnated in col. 3 15-25 and col 4, 10-35; and the cutting links 38) comprising:
a steel weld pad (tops of links 38 which have the cutting blocks 40 weld thereon, see col 4, 25-35, and which links 38 are disclosed as being made of steel, col. 2, 40-46) configured to be coupled with a drive link 38 of a cutting chain (see col 4, lines 10-30); and
a diamond layer (40) coupled with the steel weld pad (col. 4, 25-30 and see fig. 2).
Bell lacks the device wherein the diamond layer extends along a height of the steel weld pad at a peripheral portion of the steel weld pad.
Lee discloses a cutting tool (abstract) which includes diamond segments (100, col. 3, 55-65) on top portions of weld pads (top portions of shanks 200 of the tool) in the same field of endeavor as the cutting tool which includes diamond segments on top portions of weld pads tool of the present invention and discloses that such a system includes a recess portion (“grooves” which receive protrusions 120 of segments 100) at an outside edge of the weld pad (fig 3), wherein the recess portion extends through a thickness of the weld pad (fig 3) and wherein the sintered diamond layer comprises a protrusion (120) disposed in the recess portion of the weld pad (fig. 3), wherein the diamond layer extends along a height of the steel weld pad at a peripheral portion of the steel weld pad (see annotated figs 2A and 3 above), in order to impart additional hardness to the shank 200 directly surrounding it and, thereby, minimize its abrasion, col. 4, 55-60.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Bell by including the weld pad having a recess portion at an outside edge of the weld pad, wherein the recess portion extends through a thickness of the weld pad and wherein the sintered diamond layer comprises a protrusion disposed in the recess portion of the weld pad and wherein the diamond layer extends along a height of the steel weld pad at a peripheral portion of the steel weld pad, in order to impart additional hardness to the shank directly surrounding it and, thereby, minimize its abrasion as taught by Lee.
Regarding Claim 19, in Bell the diamond layer encapsulates the steel weld pad such that the diamond layer covers a cutting face of the steel weld pad and a periphery of the steel weld pad (See fig. 2 of Bell).
Claims 11, and 13-16 are rejected under 35 U.S.C. 103 as being unpatentable Bell in view of Lee, as applied to claim 10 above, and further in view of USPN 5215072, Scott.
Regarding Claims 11 and 13-15, Bell lacks wherein the steel weld pad is configured to be coupled with the drive link through a laser welding process (Claim 11), and wherein the diamond layer is a sintered diamond layer (Claim 13), wherein the sintered diamond layer comprises diamond and at least one of: cobalt, nickel, iron, zinc, copper, tin, phosphorous, aluminum, manganese, chromium, and alloys thereof (Claim 14) wherein the sintered diamond layer is sintered to the steel weld pad (Claim 15).
Scott discloses a chain link having an abrasive cutting portion thereon, in the same field of endeavor as the chain link tool with an abrasive cutting portion tool of the present invention and discloses that such a system includes a cutting portion of the tool 34 being attached to a cutting bed 32, and wherein the steel weld pad is configured to be coupled with the drive link through a laser welding process (col. 7, 20-30) (Claim 11), and discloses that the cutting portion includes sintered diamond particles thereon, and thus includes the cutting layer being a sintered diamond layer (col. 4, 50-65) (Claim 13), wherein the sintered diamond layer comprises diamond and at least one of: cobalt, nickel, iron, zinc, copper, tin, phosphorous, aluminum, manganese, chromium, and alloys thereof (col. 4, 50-65 and col 5, 1-15, “steel wire”)(and see col 8, 25-35 of USPN, 5049165, col. 1, lines 40-60 [incorporated by reference into Scott], which discloses that a diamond coated cutting portion of a cutting tool includes nickel) (Claim 14) wherein the sintered diamond layer is sintered to the steel weld pad (col. 4, 50-65) (Claim 15) in order to provide the cutting surface with wear resistant properties (col. 4, 50-65).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Lu by having its steel weld pad configured to be coupled with the drive link through a laser welding process (Claim 11), and wherein the diamond layer is a sintered diamond layer (Claim 13), wherein the sintered diamond layer comprises diamond and at least one of: cobalt, nickel, iron, zinc, copper, tin, phosphorous, aluminum, manganese, chromium, and alloys thereof (Claim 14) wherein the sintered diamond layer is sintered to the steel weld pad (Claim 15), in order to provide the cutting surface with wear resistant properties as taught by Scott.
Regarding Claim 16, as modified in view of Lee the steel weld pad includes a recess portion that extends along the height of the steel weld pad as measured in a direction perpendicular to a cutting plane of the diamond segment, and the sintered diamond layer includes a protrusion positioned in the recess portion (see fig 3 of Lee).
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Bell in view of Lee, as applied to claim 10 above, and further in view of USPN 4266657 Frost.
Regarding Claim 12, in Bell, the weld pad is disclosed to be made of steel (col. 2, 30-45).
Bell lacks the weld pad being made particularly of low-carbon steel.
Frost discloses a chain link, in the same field of endeavor as the cutting chain link tool of the present invention and discloses that such a system includes sheet steel is used for the brackets and bracket attachments of the invention being low carbon 1010 sheet steel (col 10, 30-50).
It would have been an obvious matter of design choice to a person of ordinary skill in the art to form the welding pad in Bell out of low-carbon steel, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice, and since the selection of this type of steel would be obvious to one of ordinary skill in the art being equipped with Bell and Frost. In re Leshin, 125 USPQ 416.
Claims 17-18 are rejected under 35 U.S.C. 103 as being unpatentable Bell and Lee, as applied to claim 10 above, in view of US 4674474, Baril.
Regarding Claims 17-18, Modified Bell lacks: wherein the diamond layer is brazed to the steel weld pad (Claim 17) wherein the diamond layer includes a coating that is based on diamond and a nickel-alloy (Claim 18).
Baril discloses a chain link having an abrasive cutting portion thereon, in the same field of endeavor as the chain link tool with a diamond mix layer abrasive cutting portion tool of the present invention and discloses that in such a tool: the diamond layer is brazed to the steel weld pad (col. 4, 4-25) in order to form a high strength bond (col. 4, 25-30), (Claim 17), wherein the diamond layer includes a coating that is based on diamond and a nickel-alloy (col. 4, 4-25) in order to have the diamond cutting portion/layer comprise corrosion resistant alloys, (Claim 18).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Bell by having the: the diamond layer be brazed to the steel weld pad in order to form a high strength bond (col. 4, 25-30), (Claim 17), and to have said diamond layer include a coating that is based on diamond and a nickel-alloy in order to have the diamond cutting portion/layer comprise corrosion resistant alloys, (Claim 18), as taught by Baril.
Response to Arguments
Applicant’s arguments, see Remarks, filed 2/09/26, with respect to the prior art rejections of claims 1-22 (as the claims have now been amended) have been fully considered and are persuasive. Therefore, the prior art rejections have been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Bell and Lee.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. USPNs/USPGPUBs 20190217497 5215072 20170157798 5918586 20070169605 20030029296 4148468, 7353819 5184598, state of the art diamond segment chain links, while USPNs 4907564 and 6035844 disclose sintering processes for weld pad parts. Thus, each of these references disclose elements relevant to the present invention/application.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/FERNANDO A AYALA/Examiner, Art Unit 3724 /BOYER D ASHLEY/Supervisory Patent Examiner, Art Unit 3724
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