DETAILED ACTION1
REJECTIONS UNDER 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-3 and 7-14 rejected under 35 U.S.C. 102(a)(1) as being anticipated by JP 2011 224716 to Mitsubishi as evidenced by EP 3,839,098 to Schier.
Claim 1 recites a cutting tool comprising a substrate; and a coating. Mitsubishi relates to such a tool. See Mitsubishi pg. 1, ln. 11. Mitsubishi teaches that that the coating is a monolithic layer of (Ti,Al,Si)N with an average composition Ti1-x-yAlxSiyN and teaches that the coating has a thickness from 0.5 to 15 µm. See Mitsubishi, claim 1. Although Mitsubishi teaches alternating layers, each individual layer A or B is 0.5 to 2µm, which overlaps the recited thickness. See Mitsubishi pg. 2, ln 48 to pg. 3, ln. 9. One of these layers may be dfined to be the coating layer, anticipating the claim. Mitsubishi further teaches x lies between 0.4 and 0.65 and that y lies between 0.005 and 0.08. These values overlap the recite ranges of 0.50<x<0.60,0.03<y<0.08 and therefore anticipate them. See Mitsubishi, claim 2. Mitsubishi also teaches that the layer…ha[s] columnar crystal grains. See Mitsubishi claim 1.
Claim 1 also recites that the layer has two different cubic phases, one cubic phase being present in the columnar crystal grains and one cubic phase being a grain boundary phase located between the columnar crystal grains. The presence of columnar grains inherently requires grain boundaries. Mitsubishi teaches the specific formula is chosen to ensure cubic structure. See Mitsubishi pg. 2, ll. 33-46. Thus, the columnar and boundary regions would be expected to have cubic phases.
Finally, claim 1 recites that the layer has a plane strain modulus of> 425 GPa. Mitsubishi is completely silent as to the plain strain modulus of the layer, but this feature is anticipated for two reasons. First, Mitsubishi teaches forming a layer from the same materials, with the same formula, with the same structure. Thus, it inherently would have the same plain strain modulus. Second, Schier teaches that highly similar Titanium aluminum nitride layers, with similar grain size and thickness have young’s modulus’s (a young’s modulus is a plane strain modulus) in the range of 350-470 GPa. See Schier [0025]. Thus, one of ordinary skill would infer that the layer of Mitsibishi would have a similar range, which overlaps the recited range sufficiently to anticipate it.
Regarding claim 2, the recited ranges of Mitsubishi also anticipate the smaller ranges of 0.52<x<0.58 and 0.03<y<0.07, particularly as they lie in the central region of the ranges taught in Mitsubishi. Regarding claim 3, the grain boundary values also lie within the recited ranges of Mitsubishi.
Claim 7 recites that the layer has a thermal conductivity of < 5 W/mK and claim 8 recites that it has a residual compressive stress of from 1.5 to 6 GPa. Claim 10 recites that the layer has a Vickers hardness of> 3500 HV, claim 11 recites it has a young’s modulus of 425 to 540 GPa. As with the young’s modulus, Mitsubishi does not discuss what these values are. But as with the young’s modulus the values would be inherently present due to the commonality. Also, Schier teaches similar TiAl nitrides have thermal conductivity of 2.5-4 W/mK a similar Vickers harness of 2600-3700HV, and young’s modulus 350-470. See Schier [0023]. Thus, these overlapping ranges would again cause one of ordinary skill to infer these properties in Mitsubishi as well.
Claim 9 (addressed out of order) recites an innermost layer of the coating disposed directly on the substrate, the innermost layer being of a nitride of a nitride of Al together with one or more elements belonging to group 4, 5 or 6. Titanium is a group 4-6 element. Thus, the other thin layer (A or B) of Mitsubishi, whichever is the innermost layer, also meets this limitation. Since each layer can be 2 micrometers, both in Mitsubishi and claim 9, this feature is anticipated by the existing layered design. As with claim 1 and claims 7-8, these features are both inherent and evidenced by Schier. See Schier [0024]-[0025]. Claim 12 recites the thickness of the (Ti,Al,Si)N layer is from 0.5 to 10µm. Mitsubishi teaches 2µm layers anticipating this feature. Regarding claim 13, Mitsubishi teaches a cermet substrate. See Mitsubishi pg. 3, ll. 52-58. Regarding claim 14, Mitsubishi teaches the tool is an end mill. See Mitsubishi pg. 5, ln. 16.
ALLOWABLE SUBJECT MATTER
Claims 4-6 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
CONCLUSION
Any inquiry concerning this communication should be directed to Moshe Wilensky whose telephone number is 571-270-3257. Mr. Wilensky’s supervisor, Sunil Singh can be reached at 571-272-3460. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Examiner interviews are available via telephone or video conferencing using a USPTO supplied web-based collaboration tool. Applicant may also use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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/MOSHE WILENSKY/
Primary Examiner, Art Unit 3726
1 The following conventions are used in this office action. All direct claim quotations are presented in italics. All non-italic reference numerals presented with italicized claim language are from the cited prior art reference. All citations to “specification” are to the applicant’s published specification unless otherwise indicated. The use of the phrase “et al.” following a reference is used solely to refer to subsequent modifying references, and not to other listed inventors of the cited reference.
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