Prosecution Insights
Last updated: August 15, 2026
Application No. 19/478,705

A CUTTING ELEMENT AND METHODS OF MAKING SAME

Non-Final OA §102§103§112
Filed
Oct 24, 2025
Priority
Apr 27, 2023 — provisional 63/498,705 +1 more
Examiner
GAY, JENNIFER HAWKINS
Art Unit
3619
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Element Six (Uk) Limited
OA Round
1 (Non-Final)
85%
Grant Probability
Favorable
1-2
OA Rounds
1y 6m
Est. Remaining
94%
With Interview

Examiner Intelligence

Grants 85% — above average
85%
Career Allowance Rate
1032 granted / 1213 resolved
+33.1% vs TC avg
Moderate +8% lift
Without
With
+8.5%
Interview Lift
resolved cases with interview
Typical timeline
2y 4m
Avg Prosecution
30 currently pending
Career history
1241
Total Applications
across all art units

Statute-Specific Performance

§101
0.9%
-39.1% vs TC avg
§103
38.8%
-1.2% vs TC avg
§102
24.4%
-15.6% vs TC avg
§112
31.4%
-8.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1213 resolved cases

Office Action

§102 §103 §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 . Response to Amendment The Preliminary Amendment filed October 24, 2025 has been entered and considered with the Office Action below. Claims 11, 12, 17, 18, and 24-27 have been cancelled. Claims 28 and 29 have been added. Drawings The drawings were received on October 24, 2025. These drawings are accepted. 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 1-10 and 13-16 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. Regarding claim 1: In line 14, the phrase “one or both of angle relative to” is considered generally confusing. It appears that there are words missing from the phrase or angles should be plural. Correction is required. Regarding claims 2-7, 9, 10, and 13-16: These claims are considered indefinite due to their dependence on claim 1. Regarding claim 8: As claim 1 requires that the “chamfer” be at an angle (line 14), it is unclear if the angle referred to in claim 8 is referring to the same angle or a separate degree of orientation. For the purposes of examination, the two angles are being treated as the same. 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. Claim(s) 1-10, 13-16, 19, 21-23, 28, and 29 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kasonde et al. (WO 2020/245223 A1, Kasonde; the US equivalent, US 2022/0228443, will be referred to in the rejection below). Regarding claim 1: Kasonde discloses a cutting element 30 – Fig 4-6 comprising: a substrate 40 having a peripheral side edge Fig 4, the peripheral side edge having an associated radius of curvature Fig 4; and a body of superhard polycrystalline material 39 bonded to the substrate along an interface 44, the body of superhard polycrystalline material having a peripheral side edge Fig 4 and a longitudinal axis Fig 4; wherein: the body of superhard polycrystalline material comprises: a working surface 36; a plurality of spaced apart cutting edges 41, the cutting edges being spaced around the working surface Fig 4 and separated by a respective further region 43, 46, the cutting edges have an associated radius of curvature Fig 4, the radius of curvature of one or more of the cutting edges being less than the radius of curvature of the substrate Fig 4, [0077], claim 1; a chamfer 37 extending from the cutting edges to the working surface Fig 4, the chamfer being non-variable in one or both of angle relative to the plane extending through the longitudinal axis, and length [0058], claim 1 & 7; and a recessed region 34 – [0060] extending into the working surface towards the interface and about the longitudinal axis Fig 4; wherein the recessed region does not intersect Fig 10 and/or does not interfere with the chamfer Fig 4. Regarding claim 2: Wherein the recessed region is tangential to the chamfer at one or more points in the working surface Fig 4, 5. Regarding claim 3: Wherein the plurality of cutting edges comprises an odd number of cutting edges; and the recessed region is non-axisymmetric about the longitudinal axis Fig 4, 5. Regarding claim 4: Wherein the body of superhard polycrystalline material comprises any one or more of polycrystalline diamond [0054], [0063], diamond-like carbon [0094], or cubic boron nitride of natural and/or synthetic origin [0094]. Regarding claim 5: The cutting element comprising three or more cutting edges Fig 4, 5. Regarding claim 6: Wherein the working surface comprises an undulating topology [0057], [0066]. Regarding claim 7: Wherein the recessed region extends to a position between around 5mm to around 2mm above the interface between the body of superhard polycrystalline material and the substrate [0078]. Regarding claim 8: Wherein the chamfer extends at an inclined angle to the plane along which the longitudinal axis extends, the angle being between around 30 degrees to around 60 degrees [0052]. Regarding claim 9: Wherein the radius of curvature of one or more of the cutting edges is between around 2mm to around 16mm [0077]. Regarding claim 10: Wherein the radius of curvature of one or more of the cutting edges is between around 3mm to around 9mm [0077]. Regarding claim 13: Wherein the body of superhard polycrystalline material comprises polycrystalline diamond material having inter-bonded diamond grains with interstitial spaces between the inter-bonded diamond grains, at least a portion of the interstitial spaces being substantially free of metal solvent catalyst material [0035]. Regarding claim 14: Wherein the recessed region comprises a central recess having a depth in a plane parallel to the longitudinal axis of the cutting element measured from the highest point on the working surface to the bottom of the recess of between around 0.5mm to around 2.5mm [0078]; and/or the distance along said axis from the bottom of the central recess to the interface with the substrate is between around 1 to around 2mm [0078]. Regarding claim 15: Wherein the further regions between the plurality of spaced apart cutting edges extending between the working surface and the peripheral side edge of the body of superhard polycrystalline material are arcuate in a plane parallel to the longitudinal axis [0059]. Regarding claim 16: Wherein the further regions are concave in a plane parallel to the longitudinal axis [0057], Fig 4. Regarding claim 28: Kasonde discloses a method of making the above described cutting element comprising: providing a mass of particles or grains of superhard material to form a pre-sinter assembly [0080], claim 17; and treating the pre-sinter assembly in the presence of a catalyst/solvent material for the superhard grains at an ultra-high pressure of around 5.5 GPa or greater and a temperature at which the superhard material is more thermodynamically stable than graphite to sinter together the grains of superhard material to form the cutting element [0080], claim 17. Regarding claim 29: Wherein the step of providing a mass of grains of superhard material comprises providing a mass of diamond grains to form a body of polycrystalline diamond material [0080], claim 18. Regarding claim 19: Wherein the step of treating comprises treating the pre-sinter assembly to a temperature and pressure HP/HT process – [0080] such that the diamond grains exhibit inter-granular bonding and define a plurality of interstitial regions therebetween, any residual catalyst/solvent at least partially filling a plurality of the interstitial regions [0080]. Regarding claim 21: Wherein the step of treating the pre-sinter assembly comprises treating the pre-sinter assembly in a canister that is shaped to create any one or more of the plurality of spaced apart cutting edges, the chamfer, the topology of the working surface [0080], [0089], and/or the topology of the peripheral side surface [0080], [0089]. Regarding claim 22: The method further comprising processing the cutting element after the step of treating the pre-sinter assembly to create any one or more of the plurality of spaced apart cutting edges, the chamfer, the topology of the working surface, or the topology of the peripheral side surface [0085]. Regarding claim 23: Wherein the step of processing comprises using any one or more of laser ablation or EDM machining [0085]. Claim Rejections - 35 USC § 103 This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. 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) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kasonde in view of Kasonde et al. (US 2020/245165 A1, Kasonde2) as evidenced by Matthias et al. (US 2002/0074168). Kasonde discloses that the method further comprises treating at least a portion of the body of polycrystalline diamond material to remove residual catalyst/binder from the interstitial spaces to form a region substantially free of the catalyst/binder material for the PCD material [0089] to form a thermodynamically stable superhard material [0017], [0036]. Kasonde fails to disclose that the portion forms a thermally stable region extending a depth from the working surface of the body of polycrystalline super hard material towards the interface with the substrate. Kasonde2 discloses a cutting element and method making the cutting element that are similar to Kasonde. The method of Kasonde2 involves treating at least a portion of the body of polycrystalline diamond material to remove residual catalyst/binder from the interstitial spaces to form a region substantially free of the catalyst/binder material for the PCD material such that the portion forms a thermally stable region extending a depth from the working surface of the body of polycrystalline super hard material towards the interface with the substrate claims 11-14. Matthias teaches that thermally stable regions in super hard materials is formed by leaching the catalyst/binder from the interstitial spaces between diamond grains [0015], [0017], [0018]-[0022]. It would have been considered obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, that the treated portion of Kasonde would have formed a thermally stable region extending a depth from the working surface of the body of polycrystalline super hard material towards the interface with the substrate, as taught by Kasonde2, as this is recognized as the know results of leaching the catalyst/binder from the interstitial spaces between diamond grains as evidenced by Matthias [0015], [0017], [0018]-[0022]. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to JENNIFER H GAY whose telephone number is (571)272-7029. The examiner can normally be reached Monday through Thursday, 6-3:30 and every other Friday 6-11. 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, Anita Y Coupe can be reached at (571)270-3614. 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. /JENNIFER H GAY/Primary Examiner, Art Unit 3619 JHG 7/22/2026
Read full office action

Prosecution Timeline

Oct 24, 2025
Application Filed
Jul 29, 2026
Non-Final Rejection mailed — §102, §103, §112 (current)

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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
85%
Grant Probability
94%
With Interview (+8.5%)
2y 4m (~1y 6m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1213 resolved cases by this examiner. Grant probability derived from career allowance rate.

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