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
Claims 1-2 are objected to because of the following informalities: Instead of using a ‘°’, the claims use a ‘0’ superscript. Appropriate corrections are required.
Claims 1-2 recite “under the periodic table”. This should be “in the periodic table” or “of the periodic table”. 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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-14 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, 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 1-2, 7 and 13 recite: “at least one element selected from Group 4a, 5a and 6a elements under the periodic table”. This limitation is indefinite. It is unclear whether the “at least one element” is an element selected from Group 4a, an element selected from Group 5a, and an element selected from 6a, or an element selected from Group 4a, 5a, or 6a. For purposes of examination, the latter is presumed.
In addition, the claims do not specify whether the group numbering accords with the old IUPAC or the old CAS conventions, thus rendering the claims indefinite. For purposes of examination, it is presumed the claims use the old IUPAC numbering conventions, which correspond to Groups 3, 4, and 5 under modern numbering convention.
Claims 7 and 13 recite: “wherein M is at least one metal selected from Group 4a, 5a and 6a elements (excluding Cr) in the periodic table and Si”. The claims are indefinite because it is unclear whether Si is part of the group of elements M is chosen from, or whether M is one of the elements, and Si is also included in M. Furthermore, Si is not a metal. For purposes of examination, Si is not part of the group of elements M is chosen from because Si is not a metal.
Dependent claims are indefinite by virtue of dependence from an indefinite claim.
Allowable Subject Matter
Claims 1-14 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter: The prior art of record does not teach or suggest the claimed coated tool having a difference of 10% or less the maximum between a maximum and minimum of the X-ray intensity within the claimed range for an α axis in a positive pole figure for a (111) or (200) plane. He (US 2021/0138557) discloses a coated tool having a larger difference between a maximum and minimum for the (200) plane than that claimed. Sasaki (US 2024/0227041) discloses a coated tool having a larger difference between a maximum and minimum for the (111) and (200) planes than that claimed. Yoshimi (US 2024/0181539) discloses a coated tool having a larger difference between a maximum and minimum for the (111) and (200) planes than that claimed.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to XIAOBEI WANG whose telephone number is (571)270-5705. The examiner can normally be reached M-F 8AM-5PM EST.
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.
/XIAOBEI WANG/Primary Examiner, Art Unit 1784
Prosecution Insights