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 .
Election/Restrictions
Applicant’s election without traverse of Election/Restriction of 6/22/2026 in the reply filed on 8/18/2026 is acknowledged.
Claims 2,13 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 8/18/2026.
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.
(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.
Claim(s) 1,3,5 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Sollami et al. (US 4702525).
Sollami ‘525 discloses a bolster (16, Figs. 1-5) for a degradation pick, comprising:
a bolster body (16), a transverse cross-sectional shape of the body being non-
circular (see Figs. 1,2,3,5).
Re claim 3, the body including a longitudinal edge that is at least partially convex (16, Figs. 1,2,3,5).
Re claim 5, the body including a longitudinal edge that is tapered from a bolster first end to a bolster second end (col. 3 lines 1-10).
Claim(s) 1,3,5,6,12,14,15,18,19 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Sollami (US 5551760).
Sollami ‘760 discloses a bolster (see Figs. 1,2,6, 7,8,10,11-14) for a degradation pick, comprising:a bolster body, a transverse cross-sectional shape of the body being non-
circular (see Figs. 1,2,6,7,8,10,11-14).
Re claim 3, the body including a longitudinal edge that is at least
partially convex (see Figs. 1,2,6,7,8,10,11-14).
Re claim 5, The bolster of claim 1, the body including a longitudinal edge that is tapered
from a bolster first end to a bolster second end (see Figs. 1,2,6,7,8,10,11-14).
Re claim 6, the body being formed of at least one of tungsten carbide
or high abrasion resistant steel alloys (see abstract).
Re claim 12, Sollami ‘760 discloses a bolster for a degradation pick with a pick body having a pick body transverse cross-sectional shape with at least one pick body feature (41, see Figs. 6,10, col. 5 lines 1-40), comprising:
a bolster body including a first end, the first end including a bolster transverse
cross-sectional shape that includes at least one non-circular bolster
feature (20, Figs. 1,2,6,7,8,10,11-14), the first end configured to connect to the pick body at an interface, the at least one bolster feature being similar to the at least one
pick body feature.
Re claim14, wherein the at least one bolster feature being similar to
the at least one pick body feature includes the at least one bolster feature having
the same shape and size as the at least one pick body feature (20,41).
Re claim 15, the bolster transverse cross-sectional shape being the
same as the pick body transverse cross-sectional shape (Figs. 1,2,6,7,8,10,11-14).
Re claim 18, the first end including a protrusion (21) configured to be inserted into a bore of the pick body at the interface.
Re claim 19, the bolster being connected to the pick body using at least one of a mechanical fastener, weld, braze, press fit, heat shrink fit, or interference fit (col. 3 lines 5-10).
Claim(s) 1,5,7,9-12,14-20 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Hall et al. (US 20080035383).
Hall et al. ‘383 discloses a bolster (203, Fig. 3) for a degradation pick, comprising:
a bolster body, a transverse cross-sectional shape of the body being non-
circular.
Re claim 5, the body including a longitudinal edge that is tapered
from a bolster first end to a bolster second end (see Fig. 3).
Re claim 7, Hall et al. ‘383 discloses a bolster (203, Fig. 3) for a degradation pick, comprising:a bolster body, a transverse cross-section of the body being non-rotationally
symmetric about a central axis (see Fig. 3).
Re claim 9, the body including a first end and a second end, the body including substantially continuous between the first end and the second end (see Fig. 3).
Re claim 10, the body including a first bolster cross-sectional area
and a second bolster cross-sectional area, the first bolster cross-sectional area
being smaller than the second bolster cross-sectional area (see Fig. 3).
Re claim 11, the body including a transverse cross-sectional shape
that is different from a shank transverse cross-sectional shape of a shank (207, Fig. 3).
Re claim 12, Hall et al. ‘383 discloses a bolster (203, Fig. 3) for a degradation pick with a pick body having a pick body transverse cross-sectional shape with at least one pick body feature, comprising: a bolster body including a first end, the first end including a bolster transverse cross-sectional shape (203, Fig. 3, para 0022) that includes at least one non-circular bolster feature, the first end configured to connect to the pick body at an interface, the at least one bolster feature being similar to the at least one
pick body feature.
Re claim 14, wherein the at least one bolster feature being similar to the at least one pick body feature includes the at least one bolster feature having the same shape and size as the at least one pick body feature (see Fig. 3).
Re claim 15, the bolster transverse cross-sectional shape being the same as the pick body transverse cross-sectional shape (see Fig. 3).
Re claim 16, the bolster body further including a second end located
distally from the first end, the second end being non-parallel to the first end (see Fig. 3).
Re claim 17, the bolster body further including a second end opposite the first end, a second end cross-sectional shape being different from the first end cross-sectional shape (see Fig. 3).
Re claim 18, the first end including a protrusion (204) configured to be inserted into a bore of the pick body at the interface.
Re claim 19, the bolster being connected to the pick body using at
least one of a mechanical fastener, weld, braze, press fit, heat shrink fit, or
interference fit (see para 0020).
Re claim 20, at least a portion of the first end overhanging the pick body (see Figs. 5,6).
Claim(s) 1,3, 5,7-12,14,15,17,19 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Hall et al. (US 20130009446).
Hall et al. ‘446 discloses a bolster (300,303, Figs. 2-7) for a degradation pick, comprising:a bolster body, a transverse cross-sectional shape of the body being non-
circular.
Re claim 3, the body including a longitudinal edge that is at least
partially convex (see Fig. 4, para 0031).
Re claim 5, the body including a longitudinal edge that is tapered
from a bolster first end to a bolster second end (see Fig. 2).
Re claim 7, Hall et al. ‘446 discloses a bolster (300,303, Figs 2-7) for a degradation pick, comprising:a bolster body, a transverse cross-section of the body being non-rotationally symmetric about a central axis.
Re claim 8, the transverse cross-section including a concave portion (304,350)
and a convex portion (300, see Figs. 2,4).
Re claim 9, the body including a first end (207) and a second end (206), the
body including substantially continuous between the first end and the second
end (see Figs. 2,4).
Re claim10, the body including a first bolster cross-sectional area (near 206)
and a second bolster cross-sectional area (near 207), the first bolster cross-sectional area being smaller than the second bolster cross-sectional area.
Re claim 11, the body including a transverse cross-sectional shape
that is different from a shank transverse cross-sectional shape of a shank (para 0023).
Re claim 12, Hall et al. ‘446 discloses a bolster (300,303, Figs. 2,4) for a degradation pick with a pick body having a pick body transverse cross-sectional shape with at least one pick body feature (see Fig. 7), comprising:
a bolster body including a first end, the first end (207, Fig. 4) including a bolster transverse cross-sectional shape that includes at least one non-circular bolster
feature, the first end configured to connect to the pick body at an
interface (see where member 707 meets member 200), the at least one bolster feature being similar to the at least one pick body feature.
Re claim 14, wherein the at least one bolster feature being similar to
the at least one pick body feature includes the at least one bolster feature having
the same shape and size as the at least one pick body feature (above and below where reference character 207 is pointing).
Re claim 15, the bolster transverse cross-sectional shape being the same as the pick body transverse cross-sectional shape (above and below where reference character 207 is pointing).
Re claim 17, the bolster body further including a second end (where 206 is pointing) opposite the first end (where 207 is pointing), a second end cross-sectional shape being different from the first end cross-sectional shape (Figs. 2,4).
Re claim 19, the bolster being connected to the pick body using at
least one of a mechanical fastener, weld, braze, press fit, heat shrink fit, or
interference fit (para 0026).
Claim(s) 1,3,5,6 is/are rejected under 35 U.S.C. 102a1 as being anticipated by EP document (EP 0345114).
EP document ‘114 discloses a bolster (16,17, Figs. 3,3A) for a degradation pick, comprising: a bolster body, a transverse cross-sectional shape of the body being non-
Circular (where members 16,17 are pointing).
Re clam 3, the body including a longitudinal edge that is at least partially convex (see Fig. 3).
Re claim 5, the body including a longitudinal edge that is tapered from a bolster first end to a bolster second end (see Fig. 3).
Re claim 6, the body being formed of at least one of tungsten carbide (16, see translation) or high abrasion resistant steel alloys.
Claim(s) 1,5-7,9-12,14,15,17-19 is/are rejected under 35 U.S.C. 102a1 as being anticipated by WO document (WO 2017032704).
WO document ‘704 discloses a bolster (202, see Figs. 2a-5) for a degradation pick, comprising:
a bolster body, a transverse cross-sectional shape of the body being non-
circular.
Re claim 5, the body including a longitudinal edge that is tapered
from a bolster first end to a bolster second end (see Figs. 2a-5).
Re claim 6, the body being formed of at least one of tungsten carbide (202)
or high abrasion resistant steel alloys.
Re claim 7, bolster for a degradation pick, comprising:
a bolster body, a transverse cross-section of the body being non-rotationally
symmetric about a central axis (202, Figs. 2a-5, title).
Re claim 9, the body including a first end and a second end, the
body including substantially continuous between the first end and the second
end (see Figs. 2a-5).
Re claim 10, the body including a first bolster cross-sectional area
and a second bolster cross-sectional area, the first bolster cross-sectional area
being smaller than the second bolster cross-sectional area (see Figs. 2a-5).
Re claim 11, the body including a transverse cross-sectional shape
that is different from a shank transverse cross-sectional shape of a shank (see Figs. 2a-5).
Re claim 12, WO document ‘704 discloses bolster (201) for a degradation pick with a pick body having a pick body transverse cross-sectional shape with at least one pick body feature (200,204), comprising:
a bolster body including a first end, the first end including a bolster transverse
cross-sectional shape that includes at least one non-circular bolster
feature (see Figs. 2a-5), the first end configured to connect to the pick body at an
interface, the at least one bolster feature being similar to the at least one
pick body feature.
Re claim 14, wherein the at least one bolster feature being similar to
the at least one pick body feature includes the at least one bolster feature having
the same shape and size as the at least one pick body feature (see Figs 2a-5).
Re claim 15, the bolster transverse cross-sectional shape being the
same as the pick body transverse cross-sectional shape (see Figs. 2a-5).
Re claim 17, the bolster body further including a second end
opposite the first end, a second end cross-sectional shape being different from
the first end cross-sectional shape (see Figs. 2a-5).
Re claim 18, the first end including a protrusion (203) configured to be
inserted into a bore of the pick body at the interface.
Re claim 19, the bolster being connected to the pick body using at
least one of a mechanical fastener, weld, braze, press fit, heat shrink fit, or
interference fit (para 0028 of US equivalent 2018/0238170).
Claim Rejections - 35 USC § 103
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 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) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over EP document ‘114 in view of EP document ‘114 (Figs. 4,5).
EP document ‘114 (Figs. 3,3a) wear layer (16) is silent about comprising a superhard material being attached to the body, the superhard material including at least one of diamond, sapphire, moissanite, cubic boron nitride, Q-carbon, diamond-like carbon, boron suboxide, aluminum manganese boride, other metal borides, boron carbon nitride, or other materials in the boron-nitrogen-carbon-oxygen system which have hardness values above 1,500 HV. EP document ‘114 taches wear layer (24,25, Figs. 4,5) comprises superhard material including diamond. It would have been considered obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify EP document ‘114 (Figs. 3,3a) to have the wear layer include diamond as taught by EP document ‘114 (Figs. 4,5) since such a modification protects the bit from wear.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SUNIL SINGH whose telephone number is (571)272-7051. The examiner can normally be reached M-Th 8-3, F 9-8 and 2nd Sat 11-7.
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/SUNIL SINGH/Primary Examiner, Art Unit 3678
SS
9/1/2026
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