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 .
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 112, 102, and 103 (or as subject to pre-AIA 35 U.S.C. 112, 102, and 103) is incorrect, any correction of the statutory basis 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.
Priority
Receipt is acknowledged of the International Application PCT/JP2022/039524. A Notice of Acceptance of Application under 35 U.S.C. 371 and 37 CFR 1.495 was mailed 24 September 2024.
Information Disclosure Statement
The Information Disclosure Statements (IDS) submitted 18 April 2024 and 31 March 2025 have been considered by the Examiner.
Drawings
The original drawings received on 18 April 2024 are accepted by the Examiner.
Claim Comment
Claim 1 recites “the binder includes at least one selected from a group consisting of a compound and a solid solution of the compound, the compound consisting of at least one element selected from a group consisting of a group 4 element, a group 5 element, a group 6 element in the periodic table, aluminum, silicon, iron, cobalt, and nickel and at least one element selected from a group consisting of carbon, nitrogen, boron, and oxygen.”
This is read that:
the binder includes a compound, wherein the compound includes at least one selected from the compound and a solid solution of the compound,
the compound consisting of:
at least one element selected from a group consisting of a group 4 element in the periodic table, a group 5 element in the periodic table, a group 6 element in the periodic table, aluminum, silicon, iron, cobalt, and nickel and (Element 1)
at least one element selected from a group consisting of carbon, nitrogen, boron, and oxygen. (Element 2)
Element 1 and Element 2 notations were added by the Examiner for clarity.
Therefore, the binder is the compound and/or a solid solution of the compound, and the compound and/or the solid solution of the compound comprises at least one of both Element 1 and Element 2.
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.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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 1-6 are rejected under 35 U.S.C. 103 as being unpatentable over Okamura et al., U.S. Patent Application Publication US 2005/0143252 A1 in view of Sato et al., Japanese Patent Publication JP 61-117856 A.
A machine-generated translation of JP 61-117856 A accompanies this action. In reciting this rejection, the examiner will cite this translation.
Okamura et al. teach a high-strength, highly thermally conductive sintered compact of cubic boron nitride. See Abstract and the entire specification, specifically, paragraph [0008]. Okamura et al. teach that the cubic boron nitride sintered body contains 40-85 volume % of cubic boron nitride grains and the remainder is a binder. See paragraphs [0008]-[0010]. Okamura et al. teach that the binder comprises at least one of a nitride, carbide, boride, and oxide of at least one element selected from group 4, 5, and 6, and a solid solution of an aluminum component. See paragraph [0010]. Okamura et al. teach the sintered compact includes cubic boron nitride grains containing a total of 0.05-0.3 mass% of elements Si, Ga, and La. See paragraph [0016].
Okamura et al. fail to teach that the cubic boron nitride sintered material has a lattice constant of the cubic boron nitride grain is 3.6140 Å to 3.6161 Å as recited in the claims.
Sato et al. teach a cubic boron nitride sintered body. See Abstract and the entire specification, specifically, page 3, lines 15-18 and 37-39 of the translation. Sato et al. teach that the sintered body has a volume ratio of cubic boron nitride of 60-100% See page 3, line 47 to page 4, line 1. Sato et al. teach that the sintered material has a lattice constant in the range of 3.608-3.630 Å based on the sintering conditions and number of cubic boron nitride particles. See page 4, lines 4-7.
It would have been obvious to one of ordinary skill in the art before the effective filing date to have a cubic boron nitride sintered material of Okamura et al. as suggested by Sato et al. because the resultant cubic boron nitride sintered material would have the high strength property of Okamura et al. while maximizing the thermal conductivity as taught by Sato et al.
Specifically, in regards to claim 1, Okamura et al. in view of Sato et al. teach that a sintered cubic boron nitride material comprises 40-80 vol% of cubic boron nitride grains with a binder comprising at least one of nitride, carbide, boride, and oxide of a group 4, 5, and 6 element, and a solid solution of an aluminum component (see paragraphs [0008]-[0010] of Okamura et al.). Okamura et al. in view of Sato et al. teach that the sintered cubic boron nitride materials has 0.05-0.3 by mass% of Si, Ga, and La. (see paragraph [0016] of Okamura et al.). Okamura et al. in view of Sato et al. teach that the lattice constant of the cubic boron nitride is from 3.608Å to 3.630Å and it can be adjusted by sintering conditions and numbers of cubic boron nitride particles (see page 4, lines 4-7), which reads on a cubic boron nitride sintered material comprising 35 volume% to 100 volume% of a cubic boron nitride grain and 0 volume% to 65 volume% of a binder, wherein a lattice constant of the cubic boron nitride grain is 3.6140 Å to 3.6161 Å, a silicon content ratio in the cubic boron nitride grain is 0.02 mass% or less, and the binder includes at least one selected from a group consisting of a compound and a solid solution of the compound, the compound consisting of at least one element selected from a group consisting of a group 4 element, a group 5 element, a group 6 element in the periodic table, aluminum, silicon, iron, cobalt, and nickel and at least one element selected from a group consisting of carbon, nitrogen, boron, and oxygen, as recited in claim 1.
In regards to claim 2, Okamura et al. in view of Sato et al. teach that a sintered cubic boron nitride material (see paragraphs [0008]-[0010] of Okamura et al.). Okamura et al. in view of Sato et al. teach that the lattice constant of the cubic boron nitride is from 3.608Å to 3.630Å (see page 4, lines 4-7), which reads on a cubic boron nitride sintered material having a lattice constant of the cubic boron nitride grain is 3.6142 Å to 3.6158 Å, as recited in claim 2.
In regards to claim 3, Okamura et al. in view of Sato et al. teach that a sintered cubic boron nitride material (see paragraphs [0008]-[0010] of Okamura et al.). Okamura et al. in view of Sato et al. teach that the lattice constant of the cubic boron nitride is from 3.608Å to 3.630Å (see page 4, lines 4-7), which reads on a cubic boron nitride sintered material having a lattice constant of the cubic boron nitride grain is 3.6145 Å to 3.6155 Å, as recited in claim 3.
In regards to claim 4, Okamura et al. in view of Sato et al. teach that a sintered cubic boron nitride material (see paragraphs [0008]-[0010] of Okamura et al.). Okamura et al. in view of Sato et al. teach that the sintered cubic boron nitride materials has 0.05-0.3 by mass% of Si, Ga, and La. (see paragraph [0016] of Okamura et al.), which reads on a cubic boron nitride sintered material having a silicon content ratio in the cubic boron nitride grain is 0.01 mass% or less, as recited in claim 4.
In regards to claim 5, Okamura et al. in view of Sato et al. teach that a sintered cubic boron nitride material (see paragraphs [0008]-[0010] of Okamura et al.). Okamura et al. in view of Sato et al. teach that the sintered cubic boron nitride materials has 0.05-0.3 by mass% of Si, Ga, and La. (see paragraph [0016] of Okamura et al.), which reads on a cubic boron nitride sintered material having a silicon content ratio in the cubic boron nitride grain is 0.001 mass% or less, as recited in claim 5.
In regards to claim 6, Okamura et al. in view of Sato et al. teach that a sintered cubic boron nitride material comprises 40-80 vol% of cubic boron nitride grains with a binder comprising at least one of nitride, carbide, boride, and oxide of a group 4, 5, and 6 element, and a solid solution of an aluminum component (see paragraphs [0008]-[0010] of Okamura et al.), which reads on a cubic boron nitride sintered material comprising 40 volume% to 95 volume% of a cubic boron nitride grain, as recited in claim 6.
Conclusion
The additional references cited on the 892 have been cited as art of interest since they are considered to be cumulative to or less than the art relied upon in the rejections above. Specifically, US 2017/0014915 A1 by Watanobe et al. which teach a cubic boron nitride sintered material having 40-80 vol% of cubic boron nitride and a binder, WO 2021/124402 A1 (US 2021/0246076 A1) and WO 2021/124403 A1 (US 2021/0246077 A1) by Moroguchi et al. which teach a cubic boron nitride sintered material comprising cubic boron nitride particles and a binder. WO 2021/124402 A1 (US 2021/0246076 A1) and WO 2021/124403 A1 (US 2021/0246077 A1) qualify as prior art since the international applications were published 24 June 2021, which is more than a year before the 371 filing date of PCT/JP2022/039524 on 24 October 2022 and the foreign priority document PCT/JP2021/039320 has not been perfected.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Elizabeth A. Bolden whose telephone number is (571)272-1363. The examiner can normally be reached 10:00 am to 6:30 pm M-F.
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, Amber R. Orlando can be reached at 571-270-3149. 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.
/Elizabeth A. Bolden/Primary Examiner, Art Unit 1731
EAB
10 July 2026
Prosecution Insights