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 Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
Claim Objections
Claims 1 and 7 are objected to because of the following informalities: the claim recites the phrase “a plurality of bonded diamond grain”. Please pluralize “grain.”
Claim 4 is objected to because of the following informalities: the claim recites the word “holeses”.
Claim 7 is objected to because of the following informalities: The claim recites “leaching feature” in line 8 even though the term was previously pluralized.
Claim 8 is objected to because of the following informalities: the claim recites the phrase “the plurality of hole”. Please pluralize “hole.”
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 1-4, 6-13 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 and 7 each recite the limitation " the polycrystalline diamond table". There is insufficient antecedent basis for this limitation in the claims as no table had previously been recited.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-4, 6-15 and 21 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kasonde (US 20170314335 A1).
As to claim 1, Kasonde teaches a polycrystalline diamond element (cutting element 1, see Fig 1), comprising: a polycrystalline diamond body (superhard material 12 is a PCD, see [0040]) including a plurality of bonded diamond grain defining a plurality of interstitial regions ([0036]: “As used herein, polycrystalline diamond (PCD) is a type of polycrystalline superhard (PCS) material comprising a mass of diamond grains, a substantial portion of which are directly inter-bonded with each other and in which the content of diamond is at least about 80 volume percent of the material.”), at least some of the plurality of interstitial regions at least partially occupied and/or previously occupied by at least one interstitial constituent ([0036]: “In one example of PCD material, interstices between the diamond grains may be at least partly filled with a binder material comprising a catalyst for diamond. As used herein, “interstices” or “interstitial regions” are regions between the diamond grains of PCD material. In examples of PCD material, interstices or interstitial regions may be substantially or partially filled with a material other than diamond, or they may be substantially empty. PCD material may comprise at least a region from which catalyst material has been removed from the interstices, leaving interstitial voids between the diamond grains.”), the polycrystalline diamond table including a top surface and a bottom surface opposite the top surface (Examiner interprets “table” to refer to the superhard material 12. As shown for example in Fig 2, the material 12 has a top surface identified at 14 and a bottom surface identified at 18); and a plurality of off-center leaching features (channels 50) defined by the polycrystalline diamond body (see Figs 3a-3j and 4a-4c which are described at [0066]: “As shown in FIGS. 3a to 3j, the polycrystalline superhard construction according to some examples comprises a pattern of apertures or channels 50 one or more of which, as shown in FIGS. 4a to 4c, extend from the working surface 14 of the polycrystalline superhard body 12 into the substrate 10.” The channels are off-center as illustrated.) positioned and configured to facilitate leaching of the at least one interstitial constituent (this is merely the intended use of the leaching features. See MPEP § 2114. The channels 50 are capable of being used this way.), the plurality of off-center leaching features including a plurality of holes defined by the polycrystalline diamond body extending from at least one of the top surface or the bottom surface (the channels extend from a top surface as shown in Fig 4a-4c), each of the plurality of holes extending from the top surface or the bottom surface are circumferentially spaced from each other (as shown in Figs 3a-3j).
As to claim 2, Kasonde teaches the polycrystalline diamond element of claim 1, wherein the polycrystalline diamond element is configured as at least one of a bearing or a cutting tool insert (cutting element 1, see [0040]).
As to claim 3, Kasonde teaches the polycrystalline diamond element of claim 1, wherein at least one of the plurality of holes extends completely through a thickness of the polycrystalline diamond body (The body is defined as material 12. As described at [0066], the channel 50 extends through the material 12 (past interface surface 18) into substrate 10).
As to claim 4, Kasonde teaches the polycrystalline diamond element of claim 1, wherein at least one of the plurality holeses extend partially into the polycrystalline diamond body from a surface thereof (as shown in Figs 4a-4c and explained at [0066], the channels 50 extend into the material 12 from a surface 14).
As to claim 6, Kasonde teaches the polycrystalline diamond element of claim 1, wherein the plurality of holes are configured to allow a coolant to pass through the polycrystalline diamond element (see [0114]: “[0114] It is also believed the apertures or channels may have an effect on the cooling efficiency and thermal stability of the construction and residual stress therein. It is believed the apertures or channels may improve the cooling efficiency of the construction by increasing the transfer surface between the construction and the coolant used during drilling.” Here the term “through” is given the reasonably broad interpretation of passing into a portion of, not necessarily requiring entering one side and exiting another.).
As to claim 7, Kasonde teaches a cutting tool insert (cutting element 1), comprising: a polycrystalline diamond body (material 12) including a plurality of bonded diamond grain defining a plurality of interstitial regions ([0036]: “As used herein, polycrystalline diamond (PCD) is a type of polycrystalline superhard (PCS) material comprising a mass of diamond grains, a substantial portion of which are directly inter-bonded with each other and in which the content of diamond is at least about 80 volume percent of the material.”), at least some of the plurality of interstitial regions at least partially occupied and/or previously occupied by at least one interstitial constituent ([0036]: “In one example of PCD material, interstices between the diamond grains may be at least partly filled with a binder material comprising a catalyst for diamond. As used herein, “interstices” or “interstitial regions” are regions between the diamond grains of PCD material. In examples of PCD material, interstices or interstitial regions may be substantially or partially filled with a material other than diamond, or they may be substantially empty. PCD material may comprise at least a region from which catalyst material has been removed from the interstices, leaving interstitial voids between the diamond grains.”), the polycrystalline diamond table including a top surface and a bottom surface opposite the top surface (Examiner interprets “table” to refer to the superhard material 12. As shown for example in Fig 2, the material 12 has a top surface identified at 14 and a bottom surface identified at 18); and a plurality of off-center leaching features (channels 50) defined by a portion of the polycrystalline diamond body (see Figs 3a-3j and 4a-4c which are described at [0066]: “As shown in FIGS. 3a to 3j, the polycrystalline superhard construction according to some examples comprises a pattern of apertures or channels 50 one or more of which, as shown in FIGS. 4a to 4c, extend from the working surface 14 of the polycrystalline superhard body 12 into the substrate 10.” The channels are off-center as illustrated.), wherein the leaching feature reduces a cross-sectional area of the polycrystalline diamond body (As the channels are formed by removing material, the cross-sectional area of the material 12 is inherently reduced) to reduce leaching cycle time of the at least one interstitial constituent (this is merely the intended use of the leaching features. See MPEP § 2114. The channels 50 are capable of being used this way.), the plurality of off-center leaching features including a plurality of holes defined by the polycrystalline diamond body extending from at least one of the top surface or the bottom surface (the channels extend from a top surface as shown in Fig 4a-4c), each of the plurality of holes extending from the top surface or the bottom surface are circumferentially spaced from each other (as shown in Figs 3a-3j).
As to claim 8, Kasonde teaches the cutting tool insert of claim 7, wherein at least one of the plurality of hole extends from the top surface into the polycrystalline diamond body (as shown in Figs 4a-4c and explained at [0066], the channels 50 extend into the material 12 from a surface 14).
As to claim 9, Kasonde teaches the cutting tool insert of claim 7, wherein at least one of the plurality of holes extends through the polycrystalline diamond body from the top surface to the bottom surface of the polycrystalline diamond body (The body is defined as material 12. As described at [0066], the channel 50 extends through the material 12 (past interface surface 18) into substrate 10).
As to claim 10, Kasonde teaches the cutting tool insert of claim 7, wherein at least one of the plurality of holes extends from the bottom surface partially into the polycrystalline diamond body (as shown in Figs 4a-4c and explained at [0066], the channels 50 extend into the material 12 from a surface 14).
As to claim 11, Kasonde teaches the cutting tool insert of claim 7, wherein at least some of the plurality of interstitial regions of the polycrystalline diamond table include at least one metal-solvent catalyst therein (see [0056]: “All of the PCD grades may comprise interstitial regions filled with material comprising cobalt metal, which is an example of catalyst material for diamond.”), and the at least one leaching feature is configured to facilitate removal of the metal-solvent catalyst (this is merely the intended use of the leaching features. See MPEP § 2114. The channels 50 are capable of being used this way by virtue of being channels accessing the interior of the material 12).
As to claim 12, Kasonde teaches the cutting tool insert of claim 7, wherein the plurality of holes are spaced circumferentially from each other with rib structures disposed between the plurality of holes (as shown for example in Fig 3(e), or 3(i), any portion of the surface area which is not a channel 50 is considered a rib disposed between the channels).
As to claim 13, Kasonde teaches the cutting tool insert of claim 7, wherein the polycrystalline diamond body includes a cutting edge (edge 16) formed from a series of loops arranged concentrically around a periphery of the polycrystalline diamond body (this is a product-by-process limitation. The claim is directed to a product, not a process. See MPEP § 2113. Product-by-process claims are not limited to the manipulations of the recited steps, only the structure implied by the steps. The structure implied here is explained in the following claim limitations), the periphery exhibiting a tapered shape and extending from or near the top surface to or near the bottom surface (The claimed “taper” is a chamfer on the edge of the PDC cutter. See [0091] which teaches the cutter has a chamfer.).
As to claim 14, Kasonde teaches a method of forming a cutting tool insert (cutting element 1. The method is described at [0085]+), the method comprising: providing a polycrystalline diamond body (material 12) having an exterior surface including a top surface (top surface 14) and a bottom surface opposite the top surface (the bottom surface as claimed need not be part of the exterior surface. In this interpretation, the bottom surface is surface 18. If it is determined the bottom surface needs to be “exterior,” then the body is defined in view of paragraph [0035]: “[0035] As used herein, a “superhard construction” means a construction comprising a body of polycrystalline superhard material. In such a construction, a substrate may be attached thereto or alternatively the body of polycrystalline material may be free-standing and unbacked.” Since there is no substrate, the bottom face 18 is an exterior face.), wherein the polycrystalline diamond body includes a plurality of bonded diamond grains defining a plurality of interstitial regions ([0036]: “As used herein, polycrystalline diamond (PCD) is a type of polycrystalline superhard (PCS) material comprising a mass of diamond grains, a substantial portion of which are directly inter-bonded with each other and in which the content of diamond is at least about 80 volume percent of the material.”); and applying laser energy with a laser to the polycrystalline diamond body effective to remove a portion of the polycrystalline diamond body by layered ablation of the polycrystalline diamond body ([0103]: “In some examples, the apertures or channels are formed after sintering, for example, by laser ablation, electron beam drilling, Electron Discharge Machining or dye sinking techniques.”), wherein applying laser energy to the polycrystalline diamond body includes forming a plurality of off-center leaching features (channels 50) including a plurality of holes defined by the polycrystalline diamond body (see Figs 3a-3j and 4a-4c which are described at [0066]: “As shown in FIGS. 3a to 3j, the polycrystalline superhard construction according to some examples comprises a pattern of apertures or channels 50 one or more of which, as shown in FIGS. 4a to 4c, extend from the working surface 14 of the polycrystalline superhard body 12 into the substrate 10.” The channels are off-center as illustrated.) extending from at least one of the top surface or the bottom surface (the channels extend from a top surface as shown in Fig 4a-4c), each of the plurality of holes extending from the top surface or the bottom surface are circumferentially spaced from each other (as shown in Figs 3a-3j).
As to claim 15, Kasonde teaches the method of claim 14, wherein applying laser energy to the polycrystalline diamond body includes applying laser energy that removes portions of the polycrystalline diamond body in a pattern shape (the pattern shape of channels 50 is shown in Figs 3a-3j).
As to claim 21, Kasonde teaches the polycrystalline diamond element of claim 3, wherein the polycrystalline diamond element does not include a substrate ([0035]: “As used herein, a “superhard construction” means a construction comprising a body of polycrystalline superhard material. In such a construction, a substrate may be attached thereto or alternatively the body of polycrystalline material may be free-standing and unbacked.”).
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.
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Kasonde (US 20170314335 A1) as applied to claim 15, and further in view of Chapman (US 20190084087 A1).
As to claim 16, Kasonde teaches the method of claim 15, but does not teach the pattern shape includes a series of closed loops.
Rather, the pattern is interpreted as the pattern of channels 50 which are not formed of a series of closed loops. However, Kasonde teaches it was known to form a chamfer in the edge of the PCD which inherently increases the surface area of exposed interstitial material. In this case, the chamfered area enables the intended use of improved leaching. Kasonde’s chamfer is formed by grinding. However, it was known at the time that chamfered regions were formed by methods other than grinding. See Chapman which teaches at [0006] that PCD are machined by grinding as well as lapping, and electrical-discharge machining. Chapman further teaches that laser machining is an improvement on these techniques. As shown for example at Fig 9a and 9b, a tapered area (chamfer) is formed at the edge of the PCD cutter by a series of closed loops. Chapman [0150]: “FIGS. 9A and 9B are top plan and cross-sectional views, respectively, of a PDC 900a that includes a PCD table 902a that is machined using any of the laser techniques disclosed herein.
It would have been obvious to a person having ordinary skill in the art at the time the invention was effectively filed to have formed the chamfer pattern of Kasonde using the series of closed loop laser machining of Chapman. Such a person would have been motivated to do so in view of Chapman’s teaching that laser machining is an improvement over grinding.
Claims 17-19 are rejected under 35 U.S.C. 103 as being unpatentable over Kasonde (US 20170314335 A1) as applied to claim 14, and further in view of Chapman (US 20190084087 A1).
As to claim 17, Kasonde teaches the method of claim 14, but does not teach applying laser energy includes adjusting a focus of the laser energy by moving the polycrystalline diamond body toward a scan head of the laser.
Kasonde does not describe the particulars of lasering the PCD. However, Chapman teaches adjusting a focus of a laser beam during machining. See Chapman [0111]: “The amount of PCD material removed from a PCD table may vary depending on a plurality of different factors. For example, each laser pulse exhibits a focal length. Theoretically, each laser pulse removes the greatest amount of PCD material when the exterior surface of the PCD table is at the focal length. However, each laser pulse removes less diamond material when the exterior surface is positioned further from the focal point. As such, each laser pulse exhibits an operable focal range, which is the distance from the exterior surface to the focal length at which an acceptable amount of PCD material is removed from the PCD table.”
It would have been obvious to a person having ordinary skill in the art at the time the invention was effectively filed to have applied the laser energy by adjusting a focus of the laser energy by moving the PCD body toward a scan head of the laser. Such a person would have been motivated to do so, with a reasonable expectation of success, in order to ensure that the entire surface of the PCD has the same removal rate, ensuring more even machining. See Chapman [0113].
As to claim 18, Kasonde teaches the method of claim 14, but does not teach the particulars of laser machining.
However, Chapman teaches laser machining of PCD.
Chapman teaches: applying laser energy in a first pass to an upper surface of the polycrystalline diamond body to remove diamond material to a first depth from the upper surface of the polycrystalline diamond body to form a portion of at least one groove in the upper surface of the polycrystalline diamond body (Chapman claim 19 recites that a groove is formed by the raster pattern of the laser. This is described at Chapman [0129]); and applying laser energy in at least one subsequent pass to remove exposed diamond material adjacent to and at a successive depth greater than the diamond material removed in an immediately previous pass to form another portion of the at least one groove in the upper surface of the polycrystalline diamond body (see Chapman Fig 2F. [0066]: “Referring to FIG. 2F, a plurality of layers/volumes 218f may be removed to substantially planarize and/or polish a curved (e.g., convexly or concavely curved) initial upper surface 210f of the PCD table 202f. For example, the curved initial upper surface 210f of the PCD table 202f may be formed during the HPHT process. Each of the layers/volumes 218f may be substantially planar (e.g., substantially parallel to the final upper surface 228f) and a lateral dimension thereof may increase with each subsequent layer/volume 218f.”), wherein the at least one groove is partially defined by at least one tapered sidewall (a tapered sidewall shown for example at Fig 2E).
It would have been obvious to a person having ordinary skill in the art at the time the invention was effectively filed to have provided for the method of laser machining of Chapman to the structure of Kasonde. See MPEP § 2143 D which describes the prima facie obviousness of applying a known technique to a known device (method, or product) ready for improvement to yield predictable results. In this case, the known technique is the lasering of Chapman which provides greater details and instruction of the process than Kasonde.
As to claim 19, Kasonde teaches the method of claim 18, wherein each of the subsequent passes of the laser removes a successive depth of about 0.00025 inch to about 0.002 inch of diamond material (.00025 inches is about 6 micrometers. Chapman claim 19 teaches the depth of a groove of a pass formed by the laser is about 6 micrometers).
Claim 22 is rejected under 35 U.S.C. 103 as being unpatentable over Kasonde (US 20170314335 A1) as applied to claim 1, and further in view of Qian (US 8479845 B1).
As to claim 22, Kasonde teaches the polycrystalline diamond element of claim 1, but does not teach the polycrystalline diamond body defines a centrally positioned opening extending from the top surface to the bottom surface.
Rather, the illustrated embodiment shows the PCD material 12 attached to the support material 10, but does not explain the attachment. However, in the field of cutting elements having PCD top surfaces and tungsten carbide substrates, it was known at the time the invention was effectively filed to provide for a centrally positioned opening extending from the top surface to the bottom surface of the PCD material.
See Qian Figs 16 and 17 which teaches the PCD 1310 has a central through hole 1317 useful for attaching the material 1310 to the substrate 1330 via a fastener 1380.
It would have been obvious to a person having ordinary skill in the art at the time the invention was effectively filed to have provided for a centrally positioned opening as claimed in the device of Kasonde. Such a person would have been motivated to do so, with a reasonable expectation of success, in view of Qian’s teachings of using such a hole to attach the PCD to the tungsten carbide substrate via a fastener.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. It appears that any PCD device having off-center cuts/channels/apertures/taper/chamfer in the top surface would meet claim 1 as the limitations directed to leaching are considered mere intended use/functional language.
See for example Hall (US 4,629,373) which teaches a PCD body having surface irregularities.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JACOB JAMES CIGNA whose telephone number is (571)270-5262. The examiner can normally be reached 9am-5pm Monday-Friday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Thomas Hong can be reached at (571) 272-0993. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JACOB J CIGNA/Primary Examiner, Art Unit 3726 11 June 2026
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