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 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.
Claim 14 is 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.
Claim 14 recites “The method according to claim 8, wherein cutting includes cutting ends of each PCD segment…” however, there is no recitation in claim 8 of any cutting steps. Appropriate action is required.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) 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.
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.
Claim(s) 1, 4, 5 and 15-18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Crockett et al. (US 5868885).
RE Claims 1 and 18, Crockett discloses a method of forming a rotary cutter 10, comprising: obtaining a rotary blank 12 having a first end, a second end opposite the first end, and a body disposed between the first end and the second end; forming at least one longitudinally-extending flute 14 along the body; forming a plurality of pockets 18 along the at least one longitudinally-extending flute 14; attaching a plurality of polycrystalline diamond (PCD) segments 44, 48 to the body, each PCD segment 44, 48 of the plurality of PCD segments 44, 48 is attached to a respective pocket of the plurality of pockets 18; and forming a cutting edge 32 along a leading edge of each of the PCD segments 44, 48 (Col. 2, Lines 49-67 and Col. 3, Lines 1-27, Figs. 1-6).
RE Claim 4, Crockett discloses forming the at least one longitudinally-extending flute 14 comprises forming at least one longitudinally-extending helical flute 14 along the body (Col. 2, Lines 49-55, Fig. 1).
RE Claim 5, Crockett discloses forming the plurality of pockets 18 comprises forming the plurality of pockets 18 along a periphery of the at least one longitudinally-extending flute 14 (Col. 2, Lines 54-55, Fig. 1).
RE Claim 15, Crockett discloses attaching the plurality of PCD segments 44, 48 comprises brazing each PCD segment of the plurality of PCD segments 44, 48 to a respective pocket of the plurality of pockets 18 (Col. 3, Lines 16-26).
RE Claim 16, Crockett discloses obtaining the rotary blank comprises obtaining a rotary blank formed from at least one of tungsten carbide, steel or ceramic (Col. 2, Lines 52-54).
RE Claim 17, Crockett discloses forming the cutting edge 32 comprises machining the plurality of PCD segments 44, 48 (Col. 3, Lines 17-23).
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(s) 2, 6, 7, 9 and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Crockett et al. (US 5868885), in view of Davis (US 2016/0158853 A1).
RE Claim 2, Crocket does not explicitly disclose forming at least one longitudinally-extending flute comprises forming a first longitudinally-extending flute and a second longitudinally-extending flute, and attaching the plurality of PCD segments comprises attaching a first group of PCD segments to pockets formed along the first longitudinally-extending flute and attaching a second group of PCD segments to pockets formed along the second longitudinally-extending flute such that an interface between two adjacent PCD segments of the first group of PCD segments is axially offset along the body relative to an interface between two adjacent PCD segments of the second group of PCD segments.
Davis discloses a method of forming a rotary cutter 100, comprising: a rotary cutter having a first end, a second end opposite the first end, and a body 102 disposed between the first end and the second end; at least one longitudinally-extending flute 116 along the body 102 (Par. 0038); forming a plurality of pockets 120 along the at least one longitudinally-extending flute 116; attaching a plurality of segments 104 to the body 102, each segment 104 of the plurality of segments 104 is attached to a respective pocket of the plurality of pockets 120; at least one longitudinally-extending flute 116 comprises a first longitudinally-extending flute 116 and a second longitudinally-extending flute 116, and attaching the plurality of segments 104 comprises attaching a first group of segments 104 to pockets 120 formed along the first longitudinally-extending flute 116 and attaching a second group of segments 104 to pockets 120 formed along the second longitudinally-extending flute 116 such that an interface between two adjacent segments 104 of the first group of segments 104 is axially offset along the body 102 relative to an interface between two adjacent segments 104 of the second group of segments 104 (Pars. 0042-0052, Figs. 1-6). It would have been obvious to one of ordinary skill in the art to modify the method of Crockett by forming first and second longitudinally extending flute segments, and attaching the plurality of PCD segments by attaching a first group of PCD segments to pockets formed along the first longitudinally-extending flute and attaching a second group of PCD segments to pockets formed along the second longitudinally-extending flute such that an interface between two adjacent PCD segments of the first group of PCD segments is axially offset along the body relative to an interface between two adjacent PCD segments of the second group of PCD segments, as disclosed by Davis, as a known alternative method of forming a rotary cutter.
RE Claim 6, Crocket does not explicitly disclose forming the plurality of pockets comprises forming a first pocket in a first region along the periphery of the at least one longitudinally-extending flute, and forming a second pocket in a second region along the periphery of the at least one longitudinally-extending flute, the second pocket immediately-adjacent to and nonparallel to the first pocket.
Davis discloses a method of forming a rotary cutter 100, comprising: a rotary cutter having a first end, a second end opposite the first end, and a body 102 disposed between the first end and the second end; at least one longitudinally-extending flute 116 along the body 102 (Par. 0038); a plurality of pockets 120 formed along the at least one longitudinally-extending flute 116; attaching a plurality of segments 104 to the body 102, each segment 104 of the plurality of segments 104 is attached to a respective pocket of the plurality of pockets 120; a first pocket 120 in a first region along the periphery of the at least one longitudinally-extending flute 116, and a second pocket 120 formed in a second region along the periphery of the at least one longitudinally-extending flute 116, the second pocket 120 immediately-adjacent to and nonparallel to the first pocket 120 (Pars. 0042-0052, Figs. 1-6). It would have been obvious to one of ordinary skill in the art to modify the method of Crockett by forming the plurality of pockets by forming a first pocket in a first region along the periphery of the at least one longitudinally-extending flute, and forming a second pocket in a second region along the periphery of the at least one longitudinally-extending flute, the second pocket immediately-adjacent to and nonparallel to the first pocket, as disclosed by Davis, as a known alternative method of forming a rotary cutter.
RE Claim 7, Crocket does not explicitly disclose forming the plurality of pockets comprises forming the plurality of pockets to have a rectangular or trapezoidal cross-section.
Davis discloses a method of forming a rotary cutter 100, comprising: a rotary cutter having a first end, a second end opposite the first end, and a body 102 disposed between the first end and the second end; at least one longitudinally-extending flute 116 along the body 102 (Par. 0038); a plurality of pockets 120 formed along the at least one longitudinally-extending flute 116; attaching a plurality of segments 104 to the body 102, each segment 104 of the plurality of segments 104 is attached to a respective pocket of the plurality of pockets 120; and the plurality of pockets 120 are formed having a rectangular or trapezoidal cross-section (Pars. 0042-0052, Figs. 1-6). It would have been obvious to one of ordinary skill in the art to modify the method of Crockett by forming the plurality of pockets with a rectangular or trapezoidal cross-section, as a known alternative method of forming a rotary cutter.
RE Claim 9, Crocket does not explicitly disclose forming the plurality of pockets comprises forming a first pocket of the plurality of pockets along an outer edge of the at least one longitudinally-extending flute and forming a second pocket of the plurality of pockets along an outer edge of the same at least one longitudinally-extending flute, the second pocket immediately adjacent to the first pocket, a longitudinal axis of the second pocket is nonparallel to a longitudinal axis of the first pocket.
Davis discloses a method of forming a rotary cutter 100, comprising: a rotary cutter having a first end, a second end opposite the first end, and a body 102 disposed between the first end and the second end; at least one longitudinally-extending flute 116 along the body 102 (Par. 0038); a plurality of pockets 120 formed along the at least one longitudinally-extending flute 116; attaching a plurality of segments 104 to the body 102, each segment 104 of the plurality of segments 104 is attached to a respective pocket of the plurality of pockets 120; a first pocket 120 of the plurality of pockets 120 is formed along an outer edge of the at least one longitudinally-extending flute 116 and a second pocket 120 of the plurality of pockets 120 is formed along an outer edge of the same at least one longitudinally-extending flute 116, the second pocket 120 immediately adjacent to the first pocket 120, a longitudinal axis of the second pocket 120 is nonparallel to a longitudinal axis of the first pocket 120 (Pars. 0042-0052, Figs. 1-6). It would have been obvious to one of ordinary skill in the art to modify the method of Crockett by forming the plurality of pockets with a first pocket of the plurality of pockets along an outer edge of the at least one longitudinally-extending flute and forming a second pocket of the plurality of pockets along an outer edge of the same at least one longitudinally-extending flute, the second pocket immediately adjacent to the first pocket, a longitudinal axis of the second pocket is nonparallel to a longitudinal axis of the first pocket, as disclosed by Davis, as a known alternative method of forming a rotary cutter.
RE Claim 10, Crocket does not explicitly disclose forming the plurality of pockets comprises forming a first pocket of the plurality of pockets along an outer edge of the at least one longitudinally-extending flute and forming a second pocket of the plurality of pockets along an outer edge of the same at least one longitudinally-extending flute, the second pocket immediately adjacent to the first pocket, wherein the first pocket and the second pocket are at least partially misaligned with respect to a helical path of the outer edge of the at least one longitudinally-extending helical flute.
Davis discloses a method of forming a rotary cutter 100, comprising: a rotary cutter having a first end, a second end opposite the first end, and a body 102 disposed between the first end and the second end; at least one longitudinally-extending flute 116 along the body 102 (Par. 0038); a plurality of pockets 120 formed along the at least one longitudinally-extending flute 116; attaching a plurality of segments 104 to the body 102, each segment 104 of the plurality of segments 104 is attached to a respective pocket of the plurality of pockets 120; the plurality of pockets 120 comprises a first pocket 120 of the plurality of pockets 120 formed along an outer edge of the at least one longitudinally-extending flute 116 and a second pocket 120 of the plurality of pockets 120 formed along an outer edge of the same at least one longitudinally-extending flute 116, the second pocket 120 immediately adjacent to the first pocket 120, the first pocket 120 and the second pocket 120 are at least partially misaligned with respect to a helical path of the outer edge of the at least one longitudinally-extending helical flute 116 (Pars. 0042-0052, Figs. 1-6). It would have been obvious to one of ordinary skill in the art to modify the method of Crockett by forming the plurality of pockets where a first pocket of the plurality of pockets along an outer edge of the at least one longitudinally-extending flute and forming a second pocket of the plurality of pockets along an outer edge of the same at least one longitudinally-extending flute, the second pocket immediately adjacent to the first pocket, wherein the first pocket and the second pocket are at least partially misaligned with respect to a helical path of the outer edge of the at least one longitudinally-extending helical flute, as disclosed by Davis, as a known alternative method of forming a rotary cutter.
Claim(s) 3, 8, and 11-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Crockett et al. (US 5868885), in view of Diskin (US 5272940).
RE Claim 3, Crockett does not explicitly disclose forming the at least one longitudinally-extending flute comprises grinding the rotary blank to form the at least one longitudinally-extending flute.
Diskin discloses a method of forming a rotary cutter 34, comprising: obtaining a rotary blank 10 having a first end, a second end opposite the first end, and a body 16 disposed between the first end and the second end; forming at least one longitudinally-extending flute 50 along the body; and forming the at least one longitudinally-extending flute 50 comprises grinding the rotary blank 10 to form the at least one longitudinally-extending flute 50 (Col. 3, Lines 37-48, Figs. 1 and 2). It would have been obvious to one of ordinary skill in the art to form the at least one longitudinally-extending flute by grinding the rotary blank as disclosed by Diskin, while performing the method of Crockett, as a known conventional means of forming a rotary cutter.
RE Claim 8, Crockett does not explicitly disclose forming the plurality of pockets comprises grinding a surface of the body along an outer edge of the at least one longitudinally-extending flute to form the plurality of pockets.
Diskin discloses a method of forming a rotary cutter 34, comprising: obtaining a rotary blank 10 having a first end, a second end opposite the first end, and a body 16 disposed between the first end and the second end; forming a plurality of pockets 12 along at least one longitudinally-extending flute 14; attaching a plurality of polycrystalline diamond (PCD) segments 20 to the body, each PCD segment 20 of the plurality of PCD segments 20 is attached to a respective pocket 12 of the plurality of pockets 12; and forming a cutting edge 76, 78 along a leading edge of each of the PCD segments 20; forming the plurality of pockets 12 comprises grinding a surface of the body 16 along an outer edge of the at least one longitudinally-extending flute 14 to form the plurality of pockets 12 (Col. 2, Lines 40-50 and Col. 3, Lines 62-66, Figs. 1 and 2). It would have been obvious to one of ordinary skill in the art to form the plurality of pockets by grinding a surface of the body as disclosed by Diskin, while performing the method of Crockett, as a known conventional means of forming a rotary cutter.
RE Claim 11, Crockett does not explicitly disclose prior to attaching the plurality of PCD segments, cutting the plurality of PCD segments from at least one PCD disk. Crockett does however disclose prior to attaching the plurality of PCD segments 44, 48, cutting the plurality of PCD segments 44, 48 from at least one PCD sheet 40 (Col. 27-35, Figs. 3 and 4).
Diskin discloses a method of forming a rotary cutter 34, comprising: obtaining a rotary blank 10 having a first end, a second end opposite the first end, and a body 16 disposed between the first end and the second end; forming a plurality of pockets 12 along at least one longitudinally-extending flute 14; attaching a plurality of polycrystalline diamond (PCD) segments 20 to the body, each PCD segment 20 of the plurality of PCD segments 20 is attached to a respective pocket 12 of the plurality of pockets 12; and prior to attaching the plurality of PCD segments 20, cutting the plurality of PCD segments 20 from at least one PCD disk 28 (Col. 2, Lines 40-50 and Lines 63-65, Figs. 1-4). It would have been obvious to one of ordinary skill in the art to modify the method of Crockett by cutting the plurality of PCD segments from at least one PCD disk, prior to attaching the plurality of PCD segments, as disclosed by Diskin, as a known alternative means of forming a rotary cutter.
Re Claim 12, the combination as applied to claim 11 remains as previously applied. Crockett discloses cutting comprises cutting the plurality of PCD segments 44, 48 into a rectangular or trapezoidal shape (Col. 27-35, Figs. 3 and 4).
Re Claim 13, the combination as applied to claim 11 remains as previously applied. The combination discloses cutting includes cutting ends of each PCD segment of the plurality of PCD segments 20 at an angle such that when two PCD segments 20 are attached to adjacent non-parallel pockets 12 on the body 16 the angle of the adjacent ends of the PCD segments 20 correspond to one another (See Diskin, Col. 2, Line 63-Col. 3, Line 36, Figs. 1-6).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Packer (US 5070748), Hobohm (US 2011/0123280 A1), and Packer et al. (US 5685671).
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BAYAN SALONE/ Primary Examiner, Art Unit 3726
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