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 Arguments
Applicant's arguments filed 11/12/2025 have been fully considered but they are not persuasive.
Applicant states “Sung teaches that the diamond growth catalyst can be an alloy of a diamond catalyst and a rare earth element, and the diamond catalyst can generally include any conventional diamond growth catalyst such as, but not limited to, Fe, Co, Ni, Pd, alloys thereof, and combinations thereof. See Sung at paras. [0031] to [0032]. Sung does not teach or suggest the use of amorphous carbon film, graphene flakes, or graphite particles, as catalysts for enhancing the growth of diamonds. Therefore, Sung does not teach or suggest all of the elements of claim 44, and does not render claim 44 obvious. “ Applicant’s argument is not persuasive because Sung also teaches “particulate carbon source can also act as a diamond seed”. Sung teaches pure carbon sources such as graphite, diamond, diamondoid (e.g. adamantane), or nanodiamond can be particularly effective from a manufacturing efficiency standpoint. The current rejection is therefore maintained because Sung teaches material such as graphite and adamantane which would meet Applicant’s amendment.
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.
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) 44-55 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sung (U.S. Pub. No. 2013/0228120).
Regarding claim 44, Sung teaches method of growing a diamond mass in a liquid growth medium comprising liquid growth medium can include a carbon source, a diamond growth catalyst, and a dissociated hydrogen of a hydrogen source and operating at a temperature range of 600 ̊C to about 800 ̊C which meets a broad and reasonable interpretation of heating a composition comprising a source of reactive carbon to a temperature below 800 °C where diamond does not spontaneously convert to graphite (paragraphs 6 and 43). Sung teaches pressures less than 10 atm for low pressure diamond growth which meets a broad and reasonable interpretation of wherein the heating takes place at a pressure below 1 GPa where diamond is not the most stable form of carbon (paragraphs 39 and 40). Sung teaches molten liquid phase provides a diamond growth catalyst which allows the carbon to form diamond at the temperature and pressure conditions discussed which meets a broad and reasonable interpretation of wherein the composition comprises a catalyst that enhances a growth rate or a nucleation efficiency of the diamonds and responsive to the heating, growing diamonds from the composition (paragraph 6). Sung teaches particulate carbon source can also act as a diamond seed (paragraph 28). Sung teaches pure carbon sources such as graphite, diamond, diamondoid (e.g. adamantane), or nanodiamond can be particularly effective from a manufacturing efficiency standpoint which meets a broad and reasonable interpretation of amorphous carbon film, graphene flakes, or graphite particles, or any combination thereof. (paragraph 27).
Regarding claim 45, Sung teaches carbon sources such as carbon source materials can include methane, acetylene, adamantane, graphite, diamond, diamondoid, nanodiamond, derivatives of these materials, or the like which meets a broad and reasonable interpretation of wherein the source of reactive carbon comprises an organic molecule that comprises carbon and hydrogen and that begins to decompose at a growth temperature of the diamonds (paragraph 27).
Regarding claim 46, Sung teaches carbon sources such as carbon source materials can include methane, acetylene, adamantane, graphite, diamond, diamondoid, nanodiamond, derivatives of these materials, or the like which meets a broad and reasonable interpretation of wherein the source of reactive carbon comprises long- chain branched or unbranched alkanes or alkenes, waxes, light or heavy oils, polymers, paraffin, tetracosane, heptamethylnonane, or any combination thereof (paragraph 27).
Regarding claim 47, Sung teaches diamond-like organic seed molecules and custom designed seed molecule engineered for growth of fluorescent nanodiamond which meets a broad and reasonable interpretation of wherein the composition comprises a seed crystal or a seed molecule that serves as a diamond growth template or as a precursor for a fluorescent color center, or any combination thereof (paragraph 5).
Regarding claims 48-52, Sung teaches nanocrystals grown from optical fluorescence from diamonds grown with 1-adamantylamine seeds (paragraph 17).
Regarding claims 53-55, Sung teaches halogenated organic compounds may be utilized to induce seeded growth at temperatures below that needed for radical creation (paragraph 42).
Conclusion
THIS ACTION IS MADE FINAL. 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.
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/GUINEVER S GREGORIO/Primary Examiner, Art Unit 1732 01/10/2026