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 .
Information Disclosure Statement
The Information Disclosure Statement (IDS) filed 23 July 2026 fails to comply with 37 CFR 1.98(a)(3)(i) because it does not include a concise explanation of the relevance, as it is presently understood by the individual designated in 37 CFR 1.56(c) most knowledgeable about the content of the information, of each reference listed that is not in the English language. Said IDS lists foreign patent document #2 of JPS63201064 and indicates a translation has been provided. However, no translation is found within the submission and no concise statement of relevance has been provided pursuant to MPEP 609.04(a)(III) as the Espacenet document only mentions “Abstract not found. Please consult other publications of this patent family in “Available in”, if displayed above.” It has been placed in the application file, but the information referred to therein has not been considered.
Claim Objections
Claim 18 is objected to because of the following informalities: Claim 18 redundantly recites a W/Ti ratio already positively recited in claim 12. It is suggested applicant remove the redundant limitation or further limit the range. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
Claims 1-19 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 1, 12, and 19, recite a binder phase including TiCyN1-y where 0 ≤ y ≤ 1 and where α-alumina(116) expressed as a ratio of a net peak height of a α-alumina(116) peak to a net peak height of the TiCN(200) peak being less than 0.06 and this renders the claim indefinite as first, “the TiCN(200) peak” lacks antecedent basis as the only other mention of a TiCN(200) peak is optional and therefore it is unclear if the further recitation of a TiCN(200) peak requires a TiB2(101) peak. Second, the binder content of carbon (y) may optionally be zero and therefore it is unclear how a requisite TiCN(200) peak to compare to α-alumina(116) may be predicated upon a zero amount of carbon. As such, the public is not appropriately appraised of the scope of the claims.
Based on the remarks filed 15 September 2026 (p.6, 6th paragraph), it appears applicant intends to have TiCN positively be present within the binder phase and this rejection may be overcome by amending the claims to recite TiCyN1-y where 0 < y ≤ 1 and to provide proper antecedent basis for a TiCN(200) peak. It is also suggested that applicant consider either removing the TiB2(101) ratio limitation to a dependent claim or placing it after the amended “a TiCN(200) peak” for clarity. Claims 2-11 and 13-18 are included in this rejection as they depend upon a rejected claim.
Allowable Subject Matter
Claims 1-19 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter: The closest prior art to the instant claims is the of Tajima (JPH07-018415 – machine translation previously of record). Tajima teaches a coated cutting tool of cBN and binder phase of TiCN, etc. (Table 1), but does not adequately teach the claimed impurity content of W and Al combined with the recited ratios thereof relative to Ti and a TiCN(200) peak and there is insufficient teaching to limit Tajima to the recited amounts.
Response to Arguments
Applicant’s arguments, see remarks p.6, 2nd paragraph, filed 15 September 2026, with respect to 35 USC 112(a) have been fully considered and are persuasive. The rejection of claims 1-18 has been withdrawn. Applicant has removed the new matter.
Applicant’s arguments, see remarks p.7, filed 15 September 2026, with respect to 35 USC 103 have been fully considered and are persuasive. The rejections of claims 1-18 in view of Tajima, Derflinger, Kunimori, and Kobayashi have been withdrawn. As outlined above, applicant has amended the claims beyond the teachings of primary reference Tajima.
Conclusion
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SETH DUMBRIS whose telephone number is (571)272-5105. The examiner can normally be reached M-F 6:00 AM - 3:30 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, Humera Sheikh can be reached at 571-272-0604. 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.
SETH DUMBRIS
Primary Examiner
Art Unit 1784
/SETH DUMBRIS/Primary Examiner, Art Unit 1784
