Detailed Action
Status of Claims
Claims 1-22 are currently pending and addressed below.
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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 7/13/2026 has been entered.
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, 6-22 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.
The metes and bounds of claims 1, 11, and 16 are unclear as the claim language phrased in a way that renders the claim ambiguous. It is unclear in the meaning of the newly added limitations “at least some of the multiple cutters are rotated about a central axis of the respective cutter…” and if the claim language is describing that some of the cutters are rotating while other cutters are not, if they rotate during use (versus being fixed at some rotational orientation), if the cutters are rotating about an individual cutter, if the cutters are capable of pivoting or hinging, etc. Therefore as it is unclear in the meaning of the claim language what the metes and bounds of the claim language fully encompasses the claims are ambiguous.
Claim 1, 11, 16 are rejected on this basis.
Claims 2-10, 12-15 and 17-22 are rejected for depending on a rejected claim.
The metes and bounds of claim 5 are unclear as the claim language “…positive and negative angles relative to orthogonal” does not define a plane or point of reference for orthogonal. The claim does not specify if it is orthogonal to the blade, the center axis, or the cutting plane and therefore, the claim language is ambiguous in the metes and bounds of the limitation. In other words, "orthogonal" to what? Claim 5 is rejected on this basis.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-13 and 15-20, 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Davila (US Pub No 20210180409) in view of Pettiet (US Pub No 20150047912)
Davila discloses in claim 1. A drill bit (Fig 1), comprising: a body comprising (Fig 1; 3 [0005]):
a face (Fig 1 Exterior surface of the bit body that faces the direction of boring) for engaging a bottom of a well bore ([0005] drill bit for drilling through formations);
a blade (Fig 1; 4) formed on the body ([0005] blade formed on the body);
a plurality of cutters (Fig 1; 5) mounted on the blade ([0005] a plurality of cutters formed on the blade)
wherein:
multiple cutters of the plurality of cutters comprise a diamond table ([0040] cutters comprise a table made of polycrystalline diamond material) having a non- circular outer periphery, (Fig 8; non circular outer periphery diamond table 568)
Davila discloses a cutter with a diamond table that comprises multiple discrete cutting tips (Fig 6) and a cutter that comprises a non-circular outer periphery (Fig 8) but Davila does not disclose a cutter with multiple discrete cutting tips and comprising a non-circular outer periphery.
However, Pettiet discloses a diamond table having a non-circular outer periphery and: the diamond table comprising a plurality of discrete cutting tips (Pettiet Fig 4, Fig 13-16 [0092] cutter may be polygonal [0147] possible geometric shapes for cutters [0163] various cutter patterns with multiple cutter tips);
at least some of the multiple cutters having a plurality of discrete cutting tips are mounted on the blade with a single cutting tip of the plurality of discrete cutting tips extending beyond a top surface of the blade (Pettiet Fig 4, Fig 13-16 [0092] cutter may be polygonal [0147] possible geometric shapes for cutters wherein only one cutting tip (94) extends past the surface of the drill bit);
and at least some of the multiple cutters are rotated about a central axis of the respective cutter such that the single cutting tip is oriented non-orthogonally relative to a cutting profile of the drill bit (Pettiet Fig 24 [0147] possible geometric shapes for cutters wherein only one cutting tip (94) extends past the surface of the drill bit [0173] describes the alignment of the cutters being tilted and rotated along the drill bit such that a single tip is oriented non-orthogonally relative to the cutting profile of the drill bit).
As both Davila and Pettiet both disclose a cutter with a non-circular outer periphery, it would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to substitute the cutter of Davila for the cutter of Pettiet to achieve the predictable result of drilling a borehole.
Davila et al discloses in claim 2. The drill bit of claim 1, wherein: the at least some of the plurality of cutters comprise cutters within a nose and cone of the drill bit (Davila Fig 1 shows cutters positioned within the nose and cone of the drill bit).
Davila et al discloses in claim 3. The drill bit of claim 2, wherein: the multiple cutters are oriented with the single cutting tip rolled inward toward an axis of rotation of the body (Pettiet Fig 24 [0173] describes the alignment of the cutters being tilted and rotated along the drill bit such that a single tip is oriented non-orthogonally relative to the cutting profile of the drill bit and inward towards the center axis).
Davila et al discloses in claim 4. The drill bit of claim 1, wherein: the multiple cutters comprise cutters that are radially adjacent along a cutting profile of the drill bit (Davila Fig 10 [0048]-[0049] cutters are radially adjacent along a cutting profile of the drill bit).
Davila et al discloses in claim 6. The drill bit of claim 1, wherein: the multiple cutters are disposed on a gauge pad of the drill bit (Fig 1; 434 [0006] "the cutters 5 are distributed across the heart portion 431, the nose portion 432, the shoulder portion 433 and the gauge protection portion 434 of the blade 4").
Davila et al discloses in claim 7. The drill bit of claim 1, wherein: the blade comprises a primary row of cutters and a backup row of cutters (Davila Fig 5; [0014] two plane cutters are positioned on a single blade, with a primary/leading and trailing/secondary cutter); and the multiple cutters are in the primary row of cutters (Davila Fig 5; [0014] two plane cutters are positioned on a single blade, with at least a primary and at least a secondary cutter).
Davila et al discloses in claim 8. The drill bit of claim 1, wherein: the blade comprises a primary row of cutters and a backup row of cutters (Davila Fig 5; [0014] two plane cutters are positioned on a single blade, with a primary/leading and trailing/secondary cutter); and the multiple cutters are in the backup row of cutters (Davila Fig 5; [0014] two plane cutters are positioned on a single blade, with at least a primary and at least a secondary cutter).
Davila et al discloses in claim 9. The drill bit of claim 1, wherein: the blade defines a plurality of cutter pockets (Fig 10; 415 [0016] blade comprises a plurality of pockets); each of the multiple cutters is received within a respective cutter pocket (Fig 10; [0016] the plurality of pockets are used to accommodate the cutters); and a shape and orientation of each cutter pocket determines an orientation of a respective cutter received within the cutter pocket ([0016] the pockets have an alignment structure to align the cutters).
Davila et al discloses in claim 10. The drill bit of claim 1, wherein: the single cutting tip of at least one of the multiple cutters is oriented orthogonally relative to the top surface of the blade (Pettiet Fig 24 [0147] possible geometric shapes for cutters wherein only one cutting tip (94) extends past the surface of the drill bit [0173] describes the alignment of the cutters being tilted and rotated along the drill bit such that a single tip is oriented non-orthogonally relative to the cutting profile of the drill bite).
Davila discloses in claim 11. A drill bit, comprising:
a body (Fig 1; 3 [0005] [0016]) comprising a face (Fig 1 Exterior surface of the bit body that faces the direction of boring) for engaging a bottom of a well bore;
a blade (Fig 1; 4 [0005] [0016] drill bit contains a plurality of blades formed on the body) formed on the body (Fig 1 [0005] [0016] drill bit contains a plurality of blades formed on the body);
a plurality of cutters (Fig 1; 5) mounted on the blade ([0005] cutters formed on the blade), wherein:
multiple cutters of the plurality of cutters comprise a diamond table ([0040] cutters comprise a table made of polycrystalline diamond material) having a non- circular outer periphery, (Fig 8; non circular outer periphery diamond table 568)
Davila discloses a cutter with a diamond table that comprises multiple discrete cutting tips (Fig 6) and a cutter that comprises a non-circular outer periphery (Fig 8) but Davila does not disclose a cutter with multiple discrete cutting tips and comprising a non-circular outer periphery.
However, Pettiet discloses a diamond table having a non-circular outer periphery and: the diamond table comprising a plurality of discrete cutting tips (Pettiet Fig 4, Fig 13-16 [0092] cutter may be polygonal [0147] possible geometric shapes for cutters [0163] various cutter patterns with multiple cutter tips);
at least some of the multiple cutters having a plurality of discrete cutting tips are mounted on the blade with a single cutting tip of the plurality of discrete cutting tips extending beyond a top surface of the blade (Pettiet Fig 4, Fig 13-14 [0092] cutter may be polygonal [0147] possible geometric shapes for cutters wherein only one cutting tip (94) extends past the surface of the drill bit);
and at least some of the multiple cutters are rotated about a central axis of the respective cutter such that the single cutting tip is oriented non-orthogonally relative to a cutting profile of the drill bit (Pettiet Fig 24 [0147] possible geometric shapes for cutters wherein only one cutting tip (94) extends past the surface of the drill bit [0173] describes the alignment of the cutters being tilted and rotated along the drill bit such that a single tip is oriented non-orthogonally relative to the cutting profile of the drill bit).
As both Davila and Pettiet both disclose a cutter with a non-circular outer periphery, it would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to substitute the cutter of Davila for the cutter of Pettiet to achieve the predictable result of drilling a borehole.
Davila et al discloses in claim 12. The drill bit of claim 11, wherein: at least one cutter of the plurality of cutters has a non-cylindrical cross-section (Pettiet Fig 24 [0147] possible geometric shapes for cutters wherein only one cutting tip (94) extends past the surface of the drill bit [0173] describes the alignment of the cutters being tilted and rotated along the drill bit such that a single tip is oriented non-orthogonally relative to the cutting profile of the drill bit).
Davila et al discloses in claim 13. The drill bit of claim 11, wherein: at least one cutter of the plurality of cutters has a cylindrical cross-section (Pettiet Fig 24 [0147] possible geometric shapes for cutters wherein only one cutting tip (94) extends past the surface of the drill bit [0173] describes the alignment of the cutters being tilted and rotated along the drill bit such that a single tip is oriented non-orthogonally relative to the cutting profile of the drill bit).
Davila et al discloses in claim 15. The drill bit of claim 11, wherein: the blade comprises a primary row of cutters and a backup row of cutters (Fig 5; [0014] two plane cutters are positioned on a single blade, with a primary and secondary cutter); the at least some of the multiple cutters are in the backup row of cutters (Fig 5; [0014] two plane cutters are positioned on a single blade, with at least a primary and at least a secondary cutter); and a first cutter in the primary row is rotated in a first direction and a corresponding second cutter in the backup row is rotated in an opposite second direction (Fig 5 both angles, α, of the two cutters Fig 10 [0048]-[0049] cutters are radially adjacent along a cutting profile of the drill bit. The cutter face angle to the top of the blade of figure 5 are alternating between the positive and negative angle).
Davila et al discloses in claim 16. A drill bit, comprising:
a body (Fig 1; 3 [0005]) comprising a face (Fig 1 Exterior surface of the bit body that faces the direction of boring) for engaging a bottom of a well bore;
a blade (Fig 1; 4) formed on the body;
a plurality of cutters (Fig 1; 5) mounted on the blade ([0005] cutters formed on the blade), wherein:
multiple cutters of the plurality of cutters have non-cylindrical cross-sectional shapes (Fig 8 cutter is non cylindrical);
multiple cutters of the plurality of cutters comprise a diamond table ([0040] cutters comprise a table made of polycrystalline diamond material) having a non- circular outer periphery, (Fig 8; non circular outer periphery diamond table 568)
Davila discloses a cutter with a diamond table that comprises multiple discrete cutting tips (Fig 6) and a cutter that comprises a non-circular outer periphery (Fig 8) but Davila does not disclose a cutter with multiple discrete cutting tips and comprising a non-circular outer periphery.
However, Pettiet discloses a diamond table having a non-circular outer periphery and: the diamond table comprising a plurality of discrete cutting tips (Pettiet Fig 4, Fig 13-16 [0092] cutter may be polygonal [0147] possible geometric shapes for cutters [0163] various cutter patterns with multiple cutter tips);
at least some of the multiple cutters having a plurality of discrete cutting tips are mounted on the blade with a single cutting tip of the plurality of discrete cutting tips extending beyond a top surface of the blade (Pettiet Fig 4, Fig 13-14 [0092] cutter may be polygonal [0147] possible geometric shapes for cutters wherein only one cutting tip (94) extends past the surface of the drill bit);
and at least some of the multiple cutters are rotated about a central axis of the respective cutter such that the single cutting tip is oriented non-orthogonally relative to a cutting profile of the drill bit (Pettiet Fig 24 [0147] possible geometric shapes for cutters wherein only one cutting tip (94) extends past the surface of the drill bit [0173] describes the alignment of the cutters being tilted and rotated along the drill bit such that a single tip is oriented non-orthogonally relative to the cutting profile of the drill bit).
As both Davila and Pettiet both disclose a cutter with a non-circular outer periphery, it would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to substitute the cutter of Davila for the cutter of Pettiet to achieve the predictable result of drilling a borehole.
Davila et al discloses in claim 17. The drill bit of claim 16, wherein: the blade defines a plurality of non-cylindrical cutter pockets (Fig 10 cross section of pocket 415 is U shaped and not cylindrical); each of the multiple cutters is received within a respective non-cylindrical cutter pocket (Fig 10; 415 [0016] blade comprises a plurality of pockets); and a shape and orientation of each non-cylindrical cutter pocket determines an orientation of a respective cutter received within the non-cylindrical cutter pocket ([0016] the pockets have an alignment structure to align the cutters orientation).
Davila et al discloses in claim 18. The drill bit of claim 16, wherein: a range of angular orientations of each of the at least some of the multiple cutters relative to the top surface of the blade is within half an angle between adjacent cutting tips of a given cutter of the at least some of the plurality of cutters ([0009] cutters have a back rake angle of 30 degrees near the gauge, examiners position that 0 degree difference is within half an angle).
Davila et al discloses in claim 19. The drill bit of claim 16, wherein: the single cutting tip (Pettiet Fig 24 [0147] possible geometric shapes for cutters wherein only one cutting tip (94) extends past the surface of the drill bit [0173] describes the alignment of the cutters being tilted and rotated along the drill bit such that a single tip is oriented non-orthogonally relative to the cutting profile of the drill bit) of each of the at least some of the multiple cutters is rotated within 90 degrees of orthogonal relative to the top surface of the blade ([0009] cutters have a back rake angle of 30 degrees near the gauge relative to the top surface of the blade).
Davila et al discloses in claim 20. The drill bit of claim 16, wherein: the single cutting tip of each of the at least some of the multiple cutters is rotated within 60 degrees of orthogonal relative to the top surface of the blade ([0009] cutters have a back rake angle of 30 degrees near the gauge relative to the top surface of the blade).
Davila et al discloses in claim 22. The drill bit of claim 1, wherein: each cutting tip of the plurality of discrete cutting tips has a smaller surface area than a cutting edge of a cylindrical cutter of similar size and is configured to provide a point loading ability that is greater than a point loading ability of the cylindrical cutter (Fig 10 cutting tips comprise a smaller surface area than the edge of a cylindrical cutter of similar size).
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Davila et al as applied to claim 4 above, and further in view of Patel (US Pub No 20210071479)
Davila et al discloses in claim 5. The drill bit of claim 4, wherein: the cutters that are radially adjacent along the cutting profile having single cutting tips that are oriented with alternating positions (Davila Fig 10 [0048]-[0049] cutters are radially adjacent along a cutting profile of the drill bit) Davila et al does not does not disclose the angle relative to the orthogonal being negative and positive.
However, Deen teaches cutting tips arranged with: positive and negative angles relative to orthogonal (Deen Fig 4a; 96 positive and Fig 4c; 98 negative) for the purpose of having a negative back rake angle (Deen [0058]).
It would have been obvious to one having ordinary skill before the effective filing date of the claimed invention to have modified Davila et al to include a negative back rake angle as taught by Patel for the purpose of establishing a negative back rake angle (Deen [0056] [0058])
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Davila from claim 11 in further view of Atkins (US Pub No 20230028472).
In regards to claim 14, Davila discloses the drill bit of claim 11 but is silent as to the composition of the cutters cross section being different.
However, Atkins discloses: at least two cutters of the plurality of cutters have different cross-sectional shapes (Atkins Fig 3 74 & 124 are different cross sectional shapes [0033]-[0037] discussing the construction of fig 3).
As both Davila and Atkins both disclose a cutter, it would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to substitute the unknown combination of cutters of Davila for the alternating cutter combination as Atkins discloses to achieve the predictable result of cutting a formation.
Claim(s) 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Davila et al from claim 1 in further view of Zhang (US Pub NO 20130015000)
Davila discloses in claim 21. The drill bit of claim 1, wherein:
the blade defines a plurality of cutter pockets (Fig 10; 415 [0016] blade comprises a plurality of pockets);
each of the multiple cutters is received within a respective cutter pocket (Fig 10; [0016] the plurality of pockets are used to accommodate the cutters);
and a shape determines an orientation of a respective cutter received within the cutter pocket ([0016] the pockets have an alignment structure to align the cutters). Davila does not teach that the side walls would have a shape that determines the orientation of the respective cutter.
However, Zhang discloses a cutter where a shape and orientation of a sidewall of each cutter pocket determines an orientation of a respective cutter received within the cutter pocket (Zhang Fig 16-23 show various embodiments with a cutter and a sidewall pocket determines the orientation of the respective cutter further support found [0062] [0064] [0066] [0068])
As both Davila and Zhang both disclose a PDC cutter pocket, it would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to substitute the non-slotted pocket of Davila for the Slotted sidewall pocket of Zhang to achieve the predictable result of orientating a cutter.
Response to Arguments
Applicant’s arguments, filed 07/13/2026, with respect to the rejection(s) of claim(s) 1-13 and 15-20, 22 under 35 USC 102 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Davila in view of Pettiet (US Pub No 20150047912) and Deen (US Pub No 20210071479).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Pettiet US Pub No 20150047912: Fig 4 shows various cutter designs with noncylindrical cross sections.
Silveus US Pub No 20200149350: Teaches various cutter angles and positioning along a blade shown in Fig 7-10 and Fig 3-4.
DiGiovanni US Pub No 20130068538: Fig 7 shows a triangular cutting element
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Nicholas D Wlodarski whose telephone number is (571)272-3970. The examiner can normally be reached Monday - Friday 8:00 am - 5:00 pm.
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/NICHOLAS D WLODARSKI/Examiner, Art Unit 3672
/BLAKE MICHENER/Primary Examiner, Art Unit 3676
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