Prosecution Insights
Last updated: October 01, 2026
Application No. 19/064,555

COATED TOOL AND CUTTING TOOL

Non-Final OA §112
Filed
Feb 26, 2025
Priority
Aug 31, 2022 — JP 2022-138802 +1 more
Examiner
HOTCHKISS, MICHAEL WAYNE
Art Unit
Tech Center
Assignee
Kyocera Corporation
OA Round
1 (Non-Final)
70%
Grant Probability
Favorable
1-2
OA Rounds
11m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 70% — above average
70%
Career Allowance Rate
267 granted / 384 resolved
+9.5% vs TC avg
Strong +50% interview lift
Without
With
+49.6%
Interview Lift
resolved cases with interview
Typical timeline
2y 6m
Avg Prosecution
51 currently pending
Career history
434
Total Applications
across all art units

Statute-Specific Performance

§101
0.5%
-39.5% vs TC avg
§103
49.3%
+9.3% vs TC avg
§102
25.9%
-14.1% vs TC avg
§112
23.6%
-16.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 384 resolved cases

Office Action

§112
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 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 2 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 2 recites “a planar direction” and “a TEM electron-diffraction mapping method”. These limitations were already introduced in Claim 1, so it is unclear whether Claim 2 is referring to the recitations in Claim 1 or new recitations. Allowable Subject Matter Claims 1 and 3-7 are allowed. Claim 2 would be allowable if rewritten 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 and to include all of the limitations of the base claim and any intervening claims. The following is a statement of reasons for the indication of allowable subject matter: The most relevant prior art found during the search and consideration period for the application does not teach, or in combination, obviate the limitations of Claim 1. Specifically, while the prior art teaches methods of determining grain size/orientation for cutting tool coatings using diffraction apparatus (See table below), the references did not specifically disclose: a value of D2/D1 is 0.55 to 0.95, where the crystallographic orientations of the plurality of crystal grains in the coating layer are analyzed from a planar direction of the coating layer by using a TEM electron-diffraction mapping method, D1 is an average grain size of a crystal grain evaluated by taking a weighted average based on an area ratio from a first crystal grain map created by using, as a crystal grain boundary, a region obtained by excluding a Σ3CSL (coincidence grain boundary) from a region in which an orientation difference between adjacent measurement points is 5° or more, and D2 is an average grain size of a crystal grain evaluated by taking a weighted average based on an area ratio from a second crystal grain map created by using, as a crystal grain boundary, a region in which an orientation difference between the adjacent measurement points is 5° or more and the Σ3CSL. Document Date Description of Relevant Subject Matter US20180369926A1 2016-11-28 ¶0044 teaches the use of TEM process to observe the structure of the grains of the layers. US20160001375A1 2014-02-26 Figure 5A teaches a measurement taken by scanning of a layer of a coated tool where the grains are oriented at an angle relative to one another. ¶0086 teaches a method of evaluating the orientation of grains of a layer in a cutting tool. US20180093331A1 2016-06-22 ¶0008 teaches a cutting tool that has a coating including grains with a crystal orientation. The orientation of the grains is determined/analyzed using a diffraction system for a cross section of a layer of the tool coating. The coating has grains with angles of intersection between 0 and 20 degrees for 50% or more of the grains. US20180311745A1 2016-10-31 ¶0022 and Figure 1 teach a crystal grain structure of a coating for a cutting tool. The grain structure is analyzed using a diffraction device and crystal grain orientation is analyzed. US20170191169A1 2015-08-28 Figure 4 and ¶0009 discuss a coated cutting tool crystal grain orientation that is determined by a diffraction analysis. The grains are analyzed for their orientation and size. US20170190591A1 2015-08-28 Figure 4 and ¶0017 teach crystal grains in a coating for a cutting tool. The grains are analyzed using a diffraction analysis to determine the size and orientation of the grains. US20220395909A1 2021-06-14 Figures 6-7 teach the grain structure of a layer for a coating for a cutting tool. ¶0090 teaches the analysis is done using a diffraction device. ¶0105 teaches the orientation of the measurement points is not less than 15 degrees. US20160040285A1 2014-04-01 Figure 1 shows a grain structure of a coating for a cutting tool. ¶0079 teaches the grains were analyzed using a diffraction apparatus. The grains as shown in Figure 1 are at an angle to one another. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to Michael W Hotchkiss whose telephone number is (571)272-3854. The examiner can normally be reached Monday-Friday from 0800-1600. 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, Sunil K 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. 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. /MICHAEL W HOTCHKISS/Primary Examiner, Art Unit 3726
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Prosecution Timeline

Feb 26, 2025
Application Filed
Sep 01, 2026
Non-Final Rejection mailed — §112 (current)

Precedent Cases

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
70%
Grant Probability
99%
With Interview (+49.6%)
2y 6m (~11m remaining)
Median Time to Grant
Low
PTA Risk
Based on 384 resolved cases by this examiner. Grant probability derived from career allowance rate.

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