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 amendment filed on 06/11/2025 has been entered into the prosecution of the application.
The applicant has canceled claim 2. Claims 1, 5 and 13-14 are amended. Claim 13, as amended, overcomes the rejection under 35 U.S.C. 112(b). The rejection under 35 U.S.C. 112(b) is thereby withdrawn for claim 13. Claim 15 is withdrawn from consideration due to a previous election requirement.
Currently, claim(s) 1 and 3-14, and 16 is/are pending examination.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1, 3-4, 6-14, and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Guang Yang of CN 1559662 A (hereinafter referred to as Yang) in view of James A. Casey of WO 2014/194181 A1 (hereinafter referred to as Casey), relying on evidentiary references of Barwe, B., et al. "Silicon nanoparticle formation depending on the discharge conditions of an atmospheric radio-frequency driven microplasma with argon/silane/hydrogen gases." Journal of Physics D: Applied Physics 48.31 (2015): 314001 (hereinafter referred to as Barwe) and Yu, Yixuan, et al. "Size-dependent photoluminescence efficiency of silicon nanocrystal quantum dots." The Journal of Physical Chemistry C 121.41 (2017): 23240-23248 (hereinafter referred to as Yu).
In regards to claim 1, Yang pertains to the instant invention because Yang discloses a method for producing silicon nanoparticles in a plasma reactor including a reaction chamber presenting an inner surface (to synthesize silicon nanometer powder; Yang, paragraph [0058]).
Yang discloses introducing a halogen gas into the reaction chamber of the plasma reactor (working gas is chlorine; Yang, paragraph [0013]).
Yang discloses igniting a plasma within the reaction chamber while the halogen gas is present within the reaction chamber (working gas in the high-temperature ionization stated to adopt high frequency plasma is chlorine; Yang, paragraph [0013]).
Yang discloses that atoms of the halogen gas at least partially form a coating on the inner surface of the reaction chamber, the coating comprising halogen atoms (the Office notes that, as chlorine gas turns int a plasma, at least a partially formed coating of dissociated chlorine atoms on the inner surface of the reaction chamber is expected by one of ordinary skill in the art because any introduced halogen gas would have obeyed gas law prior to undergoing a change in state). The Office notes a general progression of plasma ignition as understood by one of ordinary skill in the art. At the initial state, the diatomic halogen gas molecules exist in ground state. When high-voltage electrical energy is applied to the reactor, the intense electromagnetic field excites the electrons of the diatomic halogen gas molecules existing in ground state, which leads to ionization and bond weakening. Plasma begins to form through molecular dissociation and some of the dissociated halogen gas atoms are ionized. Free electrons also coexist. The plasma is sustained by a self-sustaining electron avalanche thereon.
Yang teaches igniting a plasma within the reaction chamber while the halogen gas is present within the reaction chamber prior to introducing a reactant gas mixture, or in the absence of any silicon precursor gas (Example 2, the first step is to produce plasma body through the high-frequency electromagnetic field, set up at first, the second step is to maintain plasma body, the third step is to let silicon tetrachloride enter the reactor; Yang, paragraphs [0057]-[0058]).
Yang teaches introducing a reactant gas mixture comprising a silicon precursor (the gaseous raw material of mixed reaction stated in this invention present gaseous silicon tetrachloride; Yang, paragraph [0021]).
Yang teaches forming the silicon nanoparticles in the plasma reactor, wherein the introduction of the halogen gas to the reaction chamber is prior to the introduction of the reactant gas mixture (Example 2, the first step is to produce plasma body through the high-frequency electromagnetic field, set up at first, the second step is to maintain plasma body, the third step is to let silicon tetrachloride enter the reactor; Yang, paragraphs [0057]-[0058]), and wherein the halogen gas is a diatomic halogen gas free from non-halogen atoms (chlorine gas is a diatomic halogen gas free from non-halogen atoms; Yang, paragraph [0013]).
Yang teaches that a protective gas may be argon (Yang, paragraph [0052]).
Yang does not explicitly teach a first inert gas as part of the reactant gas mixture.
Casey pertains to the instant invention because Casey relates to a method of preparing a nanoparticle composition (Casey, paragraph [0004]). Casey discloses introducing a reactant gas mixture comprising a silicon precursor gas and a first inert gas into the reaction chamber of the plasma reactor (Examples of inert gases that may be included in the gas mixture include argon, xenon, neon, or a mixture of inert gases, and when present in the gas mixture, the inert gas may comprise from about 1% to 99% of the total volume of the gas mixture; Casey, paragraph [0017]). The use of inert gases such as argon is common in plasma reactors for sustaining plasma due to low ionization energy.
Both Yang and Casey relate to forming nanoparticles via plasma process (Casey, paragraph [0003]). Yang does not explicitly teach a first inert gas. Yang does teach introducing a halogen gas into the reaction chamber of the plasma reactor (working gas is chlorine; Yang, paragraph [0013]), igniting a plasma within the reaction chamber while the halogen gas is present within the reaction chamber (working gas in the high-temperature ionization stated to adopt high frequency plasma is chlorine; Yang, paragraph [0013]), introducing a reactant gas mixture comprising a silicon precursor (the gaseous raw material of mixed reaction stated in this invention present gaseous silicon tetrachloride; Yang, paragraph [0021]), and teaches forming the silicon nanoparticles in the plasma reactor.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to combine the method of Yang and the method of Casey for improved sustaining of plasma for producing nanoparticles using a plasma reactor.
Yang in view of Casey teaches to the method, “wherein the inner surface has a first coating comprising silicon atoms, and wherein the coating formed with the halogen gas comprises silicon atoms and halogen atoms (Yang, paragraph [0084]).”
The Office notes that the Example 5 of Yang discloses introducing gaseous silicon tetrachloride into a plasma (Yang, paragraphs [0083]-[0084]) for forming silicon nanoparticles. The Office further notes that, as the gaseous silicon tetrachloride is introduced into plasma (from chlorine gas), one of ordinary skill in the art would typically expect a first coating comprising silicon atoms and the coating formed with the halogen gas comprising silicon atoms and halogen atoms. Similar to the reasons discussed above (see paragraph 14 on page 5), when exposed to plasma, gaseous silicon tetrachloride molecules are expected to dissociate into silicon atoms and halogen atoms, which may be ionized. Since silicon tetrachloride was introduced as a gas, the gas would have obeyed the gas law, forming a first coating on the inner surface of the reaction chamber.
The finding is further backed by an evidentiary reference Barwe. Barwe pertains to the instant invention because Barwe relates to plasma-based synthesis of silicon nanoparticles (Barwe, pg. 1). Barwe teaches that high gas flow rates include short residence times, cooling of the gas, and the transport of the nanoparticles to and localized deposition at the substrate (Barwe, pg. 2). Barwe also teaches that, under experimental set up and diagnostics, the quartz tube used is replaced each experiment because a coating is deposited on its inner wall (Barwe, pg. 2). As such, the method of producing silicon nanoparticles using plasma typically results in coating of a reactor or a substrate.
Therefore, the inner surface would have a first coating comprising silicon atoms. In light of this view, the Office notes that one of ordinary skill in the art would have readily expected the steps recited in the instant claim limitation.
Yang in view of Casey teaches controlling silicon nanoparticle sizes (Casey, paragraph [0035]) and prefers the sizes to be less than 50, 20, 10, or less than 5 nm. Silicon nanoparticles near sizes of 3 to 4 nm exhibit photoluminescent properties when irradiated by visible or ultraviolet light, as evidenced by Yu (Yu teaches that sizes lower than 3nm has increasd nonradiative recombination, i.e. becomes less efficient photolumiscent; Yu, Conclusions). Barwe teaches that silicon nanoparticles with diameters of 3 nm or larger and a photoluminescence maximum in the red spectral region is provided by earlier investigations (Barwe, pg. 2). For these reasons, Yang in view of Casey teaches to a method for producing silicon nanoparticles having photolumiscent properties when excited by ultralight light.
In regards to claim 3, Yang in view of Casey discloses to the method of claim 1, wherein the introduction of the halogen gas to the reaction chamber is prior to the introduction of the reactant gas mixture, and wherein an initial inert gas is introduced into the reaction chamber with the halogen gas (Yang, paragraphs [0013] and [0052]).
In regards to claim 4, Yang in view of Casey discloses that halogen gas is introduced to the reaction chamber with the reactant gas mixture. Yang discloses not disclose that halogen gas is introduced to the reaction chamber with the reactant gas mixture.
Casey discloses supplying chlorine gas with the reactant gas mixture (chlorine gas (Cl2) may be utilized in the reactant gas mixture; Casey, paragraph [0021]). One of ordinary skill in the art would have modified Yang in view of Casey because the method of Casey can be used to control operating conditions to select and produce functional nanoparticles having various sizes, which impacts the characteristic physical properties, such as photoluminescence (Casey, paragraph [0034]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to combine the method of Yang and the method of Casey for improved control over operating conditions for producing nanoparticles using a plasma reactor.
In regards to claim 6, Yang in view of Casey discloses to the method of claim 1, wherein halogen gas is present in the reaction chamber with the reactant gas mixture during the production of the silicon nanoparticles (chlorine in a plasma state would be present in the reaction chamber because chlorine in a plasma state is used to help the conversion of silicon tetrachloride into silicon nanoparticulates; Yang, paragraphs [0013] and [0020]).
In regards to claim 7, Yang in view of Casey discloses to the method of claim 1, wherein the halogen gas is chlorine gas and the halogen atoms are chlorine atoms (working gas is chlorine, so in a plasma state halogen atoms would be chlorine atoms, accordingly; Yang, paragraphs [0013]).
In regards to claim 8, Yang discloses that the purpose of Yang’s invention is for producing various nanometer such as metal nitride and metal carbonization (doping silicon nanoparticles with carbon and nitrogen, among other elements, in a plasma reactor are well-known to the one of ordinary skill in the art; Yang, paragraph [0009]). Yang does not disclose that the reactant gas mixture further comprises a second precursor gas comprising an element selected from the group consisting of carbon, germanium, boron, phosphorus, and nitrogen.
Casey discloses that the second precursor gas may also comprise other gases that contain carbon, germanium, boron, phosphorous, or nitrogen (Casey, paragraphs [0018] and [0020]). Casey teaches that the second precursor gas may aid doping in producing silicon nanoparticles for improved photoluminescent properties.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to combine the method of Yang and the second precursor gas of Casey for additional doping for producing nanoparticles with improved photoluminescent properties using a plasma reactor.
In regards to claim 9, Yang in view of Casey discloses to the method of claim 1, further comprising collecting the silicon nanoparticles (nanometer powdery; Yang, paragraph [0060]) in a vacuum particle collection chamber (the collector 7; Yang, paragraph [0060]), wherein a pressure of the vacuum particle collection chamber is less than a pressure of the reaction chamber (Yang discloses using a low-pressure reactor (the pressure is subatmospheric, as is common for plasma reactors; Yang, paragraph [0023]). Yang does not disclose a capture fluid.
Casey discloses a capture fluid 27 (Casey, paragraph [0023] and Fig. 1). As understood by one of ordinary skill in the art, capture fluid helps particle collection. The Office notes that one of ordinary skill in the art would have modified Yang in view of Casey to include a capture fluid because the modification would have improved the function of the collector of Yang for capturing nanoparticles.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to combine the method of Yang and the method of Casey for enhancing particle collection.
In regards to claim 10, Yang in view of Casey discloses to the method of claim 1, further comprising collecting the silicon nanoparticles (nanometer powdery; Yang, paragraph [0060]) in a vacuum particle collection chamber (the collector 7; Yang, paragraph [0060]), wherein a pressure of the vacuum particle collection chamber is less than a pressure of the reaction chamber (Yang discloses using a low-pressure reactor (the pressure is subatmospheric, as is common for plasma reactors; Yang, paragraph [0023]). Yang does not disclose a capture fluid, wherein the capture fluid comprises a hydrocarbon fluid, a silicon-containing fluid, or a fluorocarbon fluid.
Casey discloses a capture fluid 27 (Casey, paragraph [0023] and Fig. 1). Casey discloses that the capture fluid comprises a hydrocarbon fluid (an oil and an unsaturated organic compound having an aliphatic carbon-carbon multiple bond; Casey, paragraph [0097]). Casey teaches that conventional components of conventional capture fluids include silicon-containing fluid or a fluorocarbon fluid (silicone fluids, and/or fluorinated polyphenyl ethers; Casey, paragraph [0068])
As understood by one of ordinary skill in the art, capture fluid helps particle collection. The Office notes that one of ordinary skill in the art would have modified Yang in view of Casey to include a capture fluid because the modification would have improved the function of the collector of Yang for capturing nanoparticles.
In regards to claim 11, Yang in view of Casey discloses to the method of claim 1, further comprising collecting the silicon nanoparticles (nanometer powdery; Yang, paragraph [0060]) in a vacuum particle collection chamber (the collector 7; Yang, paragraph [0060]), wherein a pressure of the vacuum particle collection chamber is less than a pressure of the reaction chamber (Yang discloses using a low-pressure reactor (the pressure is subatmospheric, as is common for plasma reactors; Yang, paragraph [0023]). Yang does not disclose a capture fluid, wherein the capture fluid further comprises a doping compound.
Casey discloses a capture fluid 27 (Casey, paragraph [0023] and Fig. 1). Casey discloses that the capture fluid comprises a hydrocarbon fluid (an oil and an unsaturated organic compound having an aliphatic carbon-carbon multiple bond; Casey, paragraph [0097]). Casey teaches that conventional components of conventional capture fluids include silicon-containing fluid or a fluorocarbon fluid (silicone fluids, and/or fluorinated polyphenyl ethers; Casey, paragraph [0068]). Casey discloses that the dopant may be preloaded into the capture fluid and interact with the captured nanoparticles (Casey, paragraph [0016]).
As understood by one of ordinary skill in the art, capture fluid helps particle collection. The Office notes that one of ordinary skill in the art would have modified Yang in view of Casey to include a capture fluid because the modification would have improved the function of the collector of Yang for capturing nanoparticles.
In regards to claim 12, Yang in view of Casey discloses to the method of claim 1, wherein igniting a plasma comprises applying a preselected radio frequency having a continuous frequency at 4 MHz and a coupled power from 20 to 50 kW. Yang does not disclose a preselected radio frequency having a continuous frequency of from 10 to 500 MHz and a coupled power from 5 to 1000 W.
Casey discloses a preselected radio frequency having a continuous frequency of from 10 to 500 MHz (a frequency range of about 10 to 500 MHz; Casey, paragraph [0030]) and a coupled power from 5 to 1000 W (capable of producing up to 200 W; Casey, paragraph [0031]; a continuous frequency of from about 10 to about 500 MHz and a coupled power of from about 5 to about 1000 W to a reactant gas mixture in a plasma reactor; Casey, claim 7). Since the specific frequencies and power used for producing silicon nanoparticles can be optimized for different conditions, one of ordinary skill in the art would have optimized Yang in view of Casey for producing functionalized silicon nanoparticles disclosed by Casey to generate a plasma for a time sufficient to form the nanoparticle aerosol (Casey, paragraph [0090] and claim 7).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to combine the method of Yang and the power and frequency ranges of Casey for providing sufficient and optimized plasma condition in producing silicon nanoparticles.
In regards to claim 13, Yang in view of Casey discloses to the method of claim 1, further comprising a ventilator or pump (Yang, paragraph [0070]). Yang discloses a jet nozzle (Yang, paragraphs [0060], [0066]). Yang does not disclose a diffusion pump. Yang does not disclose a capture fluid.
Yang in view of Casey discloses to the method of claim 1, further comprising: introducing the silicon nanoparticles into a diffusion pump (a diffusion pump 120; Casey, paragraph [0042] and Fig. 2) from the plasma reactor; heating the capture fluid in a reservoir to form a vapor and sending the vapor through a jet assembly (the method may also include heating the capture fluid in a reservoir 107 to form a vapor, sending the vapor through a jet assembly 111; Casey, paragraph [0051]); emitting the vapor through a nozzle into a chamber of the diffusion pump and condensing the vapor to form a condensate comprising the capture fluid (emitting the vapor through a nozzle 113 into a chamber 101 of the diffusion pump 120, condensing the vapor to form a condensate; Casey, paragraph [0051]); flowing the condensate back to the reservoir (flowing the condensate back to the reservoir 107; Casey, paragraph [0051]); and capturing the silicon nanoparticles in the condensate comprising the capture fluid (the method can further include capturing the MX-functional nanoparticles of the aerosol in the condensate, which comprises the capture fluid; Casey, paragraph [0051]).
As understood by one of ordinary skill in the art, capture fluid helps particle collection. The Office notes that one of ordinary skill in the art would have modified Yang in view of Casey to include a capture fluid because the modification would have improved the function of the collector of Yang for capturing nanoparticles.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to combine the method of Yang and the method of Casey for enhancing particle collection.
In regards to claim 14, Yang in view of Casey discloses to the method of claim 2, further comprising forming the first coating on the inner surface of the reaction chamber. In particular, Yang teaches to the method of claim 1, wherein the inner surface has a first coating comprising silicon atoms, and wherein the coating formed with the halogen gas comprises silicon atoms and halogen atoms (Yang, paragraph [0084]). The Office notes that the Example 5 of Yang discloses introducing gaseous silicon tetrachloride into a plasma (Yang, paragraphs [0083]-[0084]) for forming silicon nanoparticles. The Office further notes that, as the gaseous silicon tetrachloride is introduced into plasma (from chlorine gas), one of ordinary skill in the art would typically expect a first coating comprising silicon atoms and the coating formed with the halogen gas comprising silicon atoms and halogen atoms. Similar to the reasons discussed above (see paragraph 14 on page 5), when exposed to plasma, gaseous silicon tetrachloride molecules are expected to dissociate into silicon atoms and halogen atoms, which may be ionized. Since silicon tetrachloride was introduced as a gas, the gas would have obeyed the gas law, forming a first coating on the inner surface of the reaction chamber. In light of this view, the Office notes that one of ordinary skill in the art would have readily expected the steps recited in the instant claim limitation.
In regards to claim 16, Yang in view of Casey discloses to the method of claim 1, further comprising collecting the silicon nanoparticles (nanometer powdery; Yang, paragraph [0060]) in a vacuum particle collection chamber (the collector 7; Yang, paragraph [0060]), wherein a pressure of the vacuum particle collection chamber is less than a pressure of the reaction chamber (Yang discloses using a low-pressure reactor (the pressure is subatmospheric, as is common for plasma reactors; Yang, paragraph [0023]). Yang does not disclose a capture fluid, wherein the capture fluid further comprises a doping compound.
Casey discloses a capture fluid 27 (Casey, paragraph [0023] and Fig. 1). Casey discloses that the capture fluid comprises a hydrocarbon fluid (an oil and an unsaturated organic compound having an aliphatic carbon-carbon multiple bond; Casey, paragraph [0097]). Casey teaches that conventional components of conventional capture fluids include silicon-containing fluid or a fluorocarbon fluid (silicone fluids, and/or fluorinated polyphenyl ethers; Casey, paragraph [0068]). Casey discloses that the dopant may be preloaded into the capture fluid and interact with the captured nanoparticles (Casey, paragraph [0016]).
As understood by one of ordinary skill in the art, capture fluid helps particle collection. The Office notes that one of ordinary skill in the art would have modified Yang in view of Casey to include a capture fluid because the modification would have improved the function of the collector of Yang for capturing nanoparticles.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yang (CN1559662A) in view of Casey (WO2014194181A1) as applied to claim 1 above, and in further view of Chen (CN105097485A).
In regards to claim 5, Yang in view of Casey does not disclose a formation of a halosilane.
Chen pertains to the instant invention because Chen relates to obtaining uniform structures with nanometer-scale features (Chen, paragraph [0004]).
Chen discloses a formation of a coating containing silicon elements and halogen elements (Chen, paragraph [0059]). Chen discloses a formation of halosilane, wherein R is a mixture of halogen elements (such as Cl) and hydrogen elements.
In establishing a background for determining obviousness, the scope of contents of the prior art are first contemplated herein. The scope of Yang is on producing silicon nanoparticles using a plasma reactor. The scope of Chen is pertinent to that of Yang because the coating methods of Chen can be used for improving a plasma reactor environment.
Chen provides a background information on how the post-processed plasma reactors used for obtaining uniform structures with nanometer-scale feature sizes are cleaned (Chen, paragraph [0004]). Chen discloses that the known methods include using conditioning gases (fluorine-containing, carbon-containing, or chlorine-containing gases) are used (Chen, paragraph [0005]). However, Chen proposes to utilize first and second coating, which include silicon elements, that can be cleaned later using first and second cleaning gases, which include halogen gases. One of ordinary skill int the art would have readily modified Yang in view of Chen because the method of Chen can be used to improve the resistance against any undesired, corrosive impact of plasma on the inner wall of the reaction chamber in a plasma reactor (Chen, paragraph [0005]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to combine the method of Yang in view of Casey and the coating method of Chen for improving stability of the plasma reactor.
Response to Arguments
Applicant's arguments filed 06/11/2025 have been fully considered but they are not persuasive.
On page 6 of 12, in regards to claim 1, as amended, the applicant alleges that Yang does not teach that chlorine gas is required. In regards to this allegation, the applicant asserts that the Examiner relies on inherency, without explicitly specifying which qualifies as relying on inherency.
The Official Notice of paragraph 16 in the previous Office action is provided thereon only to the extent in providing a non-limiting instance of how one of ordinary skill in the art would have perceived on the general progression of plasma ignition based on the teachings of Yang.
The fact that Yang does not require chlorine gas does not result in overcoming the rejection under 35 U.S.C. 103 as being unpatentable because Yang is nonetheless relied on to show, among other claim limitations, that a chlorine gas as a working gas is introduced into the reaction chamber of the plasma reactor (Yang, paragraph [0013]), such that the chlorine gas contributes to formation of silicon nanoparticles in the plasma reactor (Yang, paragraphs [0057]-[0058]), and wherein the halogen gas is a diatomic halogen gas free from non-halogen atoms (chlorine gas is a diatomic halogen gas free from non-halogen atoms; Yang, paragraph [0013]).
The Examiner does not rely on inherency but on the obviousness for the rejection under 35 U.S.C. 103 based on teaching of Yang in view of Casey based on the understanding of the one of ordinary skill in the art of well-known methods of producing silicon nanoparticles in plasma reactors.
An evidentiary reference of Barwe, B., et al. "Silicon nanoparticle formation depending on the discharge conditions of an atmospheric radio-frequency driven microplasma with argon/silane/hydrogen gases." Journal of Physics D: Applied Physics 48.31 (2015): 314001 (hereinafter referred to as Barwe) is further provided to guide the applicant to what has been known to one of ordinary skill in the art before the effective filing date of the instant invention for producing silicon nanoparticles.
While Barwe is not relied on as prior art but as an evidence to support the rejection, Barwe pertains to the instant invention because Barwe relates to plasma-based synthesis of silicon nanoparticles (Barwe, pg. 1). Barwe teaches that high gas flow rates include short residence times, cooling of the gas, and the transport of the nanoparticles to and localized deposition at the substrate (Barwe, pg. 2). Barwe also teaches that, under experimental set up and diagnostics, the quartz tube used is replaced each experiment because a coating is deposited on its inner wall (Barwe, pg. 2). As such, the method of producing silicon nanoparticles using plasma typically results in coating of a reactor or a substrate.
On page 7 of 12, in regards to claim 1, as amended, the applicant argues that paragraph [0013] of Yang does not relate to the formation of a coating.
Paragraph [0013] of Yang is relied on to show that Yang discloses introducing a halogen gas into the reaction chamber of the plasma reactor (working gas is chlorine; Yang, paragraph [0013]). The fact that paragraph [0013] of Yang does not relate to the formation of a coating does not result in overcoming the rejection under 35 U.S.C. 103 as being unpatentable because, as suggested by Barwe above, the formation of coating would have been obvious phenomena that one of ordinary skill in the art would have had predictable results of producing silicon nanoparticles with reasonable expectation of success. Please refer to the rejection above.
On pages 7-8, in response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
On page 9, the applicant asserts that Yang is non-analogous art. The Examiner disagrees.
In response to applicant's argument that Yang is nonanalogous art, it has been held that a prior art reference must either be in the field of the inventor’s endeavor or, if not, then be reasonably pertinent to the particular problem with which the inventor was concerned, in order to be relied upon as a basis for rejection of the claimed invention. See In re Oetiker, 977 F.2d 1443, 24 USPQ2d 1443 (Fed. Cir. 1992). In this case, Yang pertains to the instant invention because Yang discloses a method for producing silicon nanoparticles in a plasma reactor including a reaction chamber presenting an inner surface (to synthesize silicon nanometer powder; Yang, paragraph [0058]).
Barwe nonetheless teaches that silicon nanoparticles with diameters of 3 nm or larger and a photoluminescence maximum in the red spectral region is provided by earlier investigations (Barwe, pg. 2). Silicon nanoparticles exhibit photoluminescent properties when irradiated by visible or ultraviolet light, and one of ordinary skill in the art would have had predictable results at least based on the evidentiary reference of Barwe.
On page 10, in response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e. second coating) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). Further, any layer being randomized does not preclude having two layers, without first establishing a structural definition of a layer (i.e., what constitutes a layer); two randomized layers still have two layers, in different configuration.
On page 11, in response to applicant’s argument that there is no teaching, suggestion, or motivation to combine the references, the examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007). In this case, Both Yang and Casey relate to forming nanoparticles via plasma process (Casey, paragraph [0003]). Yang does not explicitly teach a first inert gas. Yang does teach introducing a halogen gas into the reaction chamber of the plasma reactor (working gas is chlorine; Yang, paragraph [0013]), igniting a plasma within the reaction chamber while the halogen gas is present within the reaction chamber (working gas in the high-temperature ionization stated to adopt high frequency plasma is chlorine; Yang, paragraph [0013]), introducing a reactant gas mixture comprising a silicon precursor (the gaseous raw material of mixed reaction stated in this invention present gaseous silicon tetrachloride; Yang, paragraph [0021]), and teaches forming the silicon nanoparticles in the plasma reactor.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to combine the method of Yang and the method of Casey for improved sustaining of plasma for producing nanoparticles using a plasma reactor.
Please refer to the rejection above.
Conclusion
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 JOHN LEE whose telephone number is (703)756-1254. The examiner can normally be reached M-F, 7:00-16:00.
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, James Lin can be reached at (571) 272-8902. 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.
/JOHN LEE/Examiner, Art Unit 1794
/JAMES LIN/Supervisory Patent Examiner, Art Unit 1794