Detailed Action
Status of Claims
This is the first office action on the merits. Claims 1-20 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 .
Claim Rejections - 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.
Claim(s) 1-13 and 15-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Davila (US Pub No 20210180409).
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), the diamond table comprising a plurality of discrete cutting tips (Fig 8; 571);
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 (Fig 10; a single cutting tip is positioned above the top surface of the blade);
and the single cutting tip of at least some of the multiple cutters is oriented non-orthogonally relative to the top surface of the blade (Fig 5; α (forward cutter) shows an non-orthogonal angle for the cutting face).
Davila 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 (Fig 1 shows cutters positioned within the nose and cone of the cutter).
Davila 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 (Fig 5; α shows an non-orthogonal angle for the cutting face).
Davila 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 (Fig 10 [0048]-[0049] cutters are radially adjacent along a cutting profile of the drill bit).
Davila 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 positive and negative angles relative to orthogonal (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 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] gauge protection portion 434 with cutters distributed on it).
Davila 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 (Fig 5; [0014] two plane cutters are positioned on a single blade, with a primary and secondary cutter); and the multiple cutters are in the primary 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).
Davila 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 (Fig 5; [0014] two plane cutters are positioned on a single blade, with a primary and secondary cutter); and 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).
Davila 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 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 (Fig 5; α and the cutting tip is orthogonal to the top surface of the blade).
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), the diamond table comprising a plurality of discrete cutting tips (Fig 8; 571);
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 (Fig 8; 571 a single cutting tip is positioned above the top surface of the blade);
and the single cutting tip of at least some of the plurality of cutters is oriented orthogonally relative to the top surface of the blade (Fig 10; [0017] discusses the desired angle of the cutters and the single cutting tip of figure 10 is orthogonal to the top surface of the blade).
Davila 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 (Fig 8 cutter is non cylindrical).
Davila 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 (Fig 6 has a cylindrical cross section).
Davila 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 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), the diamond table comprising a plurality of discrete cutting tips (Fig 8; 571);
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 (Fig 8; 571 a single cutting tip is positioned above the top surface of the blade);
and the single cutting tip of at least some of the multiple cutters is oriented orthogonally relative to the top surface of the blade (Fig 8; [0017] discusses the desired angle of the cutters and the single cutting tip of figure 8 is orthogonal to the top surface of the blade).
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 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 discloses in claim 19. 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 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 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).
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) 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 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 and amendments, filed 02/04/2026, with respect to Claims 7-8 have been fully considered and are persuasive. The 35 USC 112b rejection of claims 7-8 has been withdrawn.
Applicant's arguments and amendments filed 02/04/2026 have been fully considered but they are not persuasive.
In response to the arguments and amendments that Davila does not teach the newly added limitations, Examiner respectfully disagrees as shown in the above rejection. Examiners position, supported in [0040] and Fig 8, are that Davila teaches a non-circular outer periphery cutter with a diamond table having a single cutting tip. Therefore, Examiner while appreciative of the amendments and arguments, is however not persuaded.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Rivera US Pub No 20230374866: Fig 2 & 3 shows various cutters at differing angles, with discrete cutting tips and both circular and non-circular cross sections.
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.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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.
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, Nicole Coy can be reached at (571) 272-5405. 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.
/NICHOLAS D WLODARSKI/Examiner, Art Unit 3672
/Nicole Coy/Supervisory Patent Examiner, Art Unit 3672