DETAILED ACTION
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 March 5, 2026 has been entered.
The Applicant’s amendment filed on March 5, 2026 was received. Claims 18 and 21 were amended.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action issued June 4, 2025.
Claim Rejections - 35 USC § 103
Claims 18-19, 21-22, 24-25 and 27-28 are rejected under 35 U.S.C. 103 as being unpatentable over Kazuyuki (JP 2018-070422, previously provided translation cited below) in view of Singo (JP 2018-178229, previously provided translation cited below) and Yagyu (US 2019/0106785).
In regards to claims 18 and 21, Kazuyuki teaches a crystal growth apparatus (film forming apparatus) comprising,
a mist-forming unit is provided as at least a filtration bell with an aqueous solution which forms a mist due to ultrasonic transducers/vibrator (fig. 1; para. 13-15),
a mist transport pipe that is connected to the mist-forming unit and transfers a carrier gas (nitrogen) containing the mist (fig. 1; para. 13-15),
at least one pipe for transferring an diluent gas of nitrogen (additive fluid) is mixed with the carrier gas containing the mist (fig. 1; para. 13-15),
a mist introduction pipe is connected to a reaction chamber/quartz tube (film forming unit) and transfers a mixed mist fluid that is a mixture of the carrier gas containing the mist and the diluent gas (fig. 1; para. 13-15),
a connecting member (see ‘T’ connection between diluent gas pipe, mist transport pipe and mist introduction pipe) connecting the pipe for transferring the carrier gas containing the mist, the pipe for transferring the diluent gas, and the mist introduction pipe for transferring the mixed mist fluid (fig. 1),
the reaction chamber/quartz tube (film forming unit) comprises an inner heater and outside heater that provides heat so that the mist forms a film on a substrate (fig. 1; para. 7, 13),
where the diluent gas pipe and the mist introduction pipe are connected by the connecting member, with an angle of 180 degrees (fig. 1).
Kazuyuki does not explicitly teach a linear velocity of the diluent gas/additive fluid is 1 to 100 times a linear velocity of the carrier gas containing the mist.
However, Shingo teaches a film forming apparatus (9) comprising a carrier gas supply means-2a/22a connected to a mist generation source (24) which has a pipe which transfers the carrier gas containing the mist (fig. 1-2; para. 26-27). Shingo teaches a carrier gas (dilution) supply means-2b/22b that supplies a carrier gas (additive fluid) is connected to the pipe which transfers the carrier gas containing the mist and a pipe-7/27 which connects to a furnace-8 (fig. 1-2; para. 26-27). Shingo teaches the flow rate of the carrier (dilution) gas may have a 10-fold difference from the flow rate of the carrier gas for the carrier gas containing the mist (para. 21).
Shingo teaches the angle between the carrier (dilution) gas supply means-2b/22b and the pipe-7/27 that transfers the mixed mist fluid of mixture of the carrier gas containing the mist and the carrier (dilution) gas. Shingo teaches the angle within the range of 100 degrees to 180 degrees (fig. 1; para. 26-27).
Shingo teaches an example of a flow rate of the carrier (dilution) gas is 2-Liters Per Minute and the flow rate of the carrier gas for the carrier gas containing the mist is 1.5-Liters Per Minute (para. 35), where the flow rates mathematically will provide the linear velocity of the carrier (dilution) gas at the connecting portion is greater/higher than 1 times to the linear velocity of the carrier gas containing the mist (para. 21, 35).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to incorporate the at least piping providing the flow rates of Shingo onto the crystal growth apparatus of Kazuyuki because Shingo teaches it will provide stable film formation (para. 36).
Kazuyuki and Shingo as discussed, where Shingo teaches the flow rate of the carrier gas comprises a range of 0.01 to 20-Liter Per Minute (para. 21).
While Kazuyuki and Shingo is capable of, but do not explicitly teach linear velocity of the additive fluid is 1 to 100 times a linear velocity of the carrier gas containing the mist along with the flow rate of the carrier gas is 8 L/min or more.
However, Yagyu teaches a carrier gas supply device-22a connected to a flow-control valve 23a and supplies a carrier gas with a range of 0.01 to 20-L/min and an example of 10-L/min. Yagyu further teaches a diluted carrier gas supply device-22b connected to a flow-control valve 23b and supplies a diluted carrier gas (additive fluid) with a range of 0.1 to 20-L/min and an example of 10-L/min (fig. 1; para. 60, 74). Yagyu teaches the flow rates are regulated within the range discussed in order to achieve the inventive subject matter (para. 60).
The flowrates will provide a ratio of diluted carrier gas (additive) to carrier gas of 1, and capable of having a ratio of 100:1 or the claimed linear velocity of the additive fluid is 10 to 100 times a linear velocity of the carrier gas containing the mist, as Yagyu depicts the size of the connection from the carrier gas supply device-22a and the diluted carrier gas supply device-22b are the same.
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to incorporate the flow controls, flow rates and ratio of flow rates of Yagyu onto the gas supply of Kazuyuki, and Shingo because Yagyu teaches it will allow for forming of a film which is uniform (para. 32).
Further, it would have been obvious to one of ordinary skill in the art at the time of the invention to perform reasonable experimentation to determine the optimal flow rates for the carrier gas and diluted carrier gas of Kazuyuki, Shingo and Yagyu and arrive at the specified claimed flow rate of the carrier gas and ratio of the additive fluid to carrier gas containing mist velocity, which is unit-less and based on the same tube/pipe size, because Yagyu teaches the flow rates are regulated within the range discussed in order to achieve the inventive subject matter (para. 60).
Furthermore, It would have been obvious to one having ordinary skill in the art at the time of the invention was made to have provided the flow rate at the claim ratio, since it has been held that where the general conditions of a claim are discloses in the prior art, discovering the optimum or workable range involves only routine skill in the art.
Further, it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ (CCPA 1980).
In regards to claim 19, Kazuyuki, Shingo and Yagyu as discussed, where Kazuyuki teaches the diluent gas pipe and the mist introduction pipe are connected by the connecting member, with an angle of 180 degrees (fig. 1).
In regards to claim 22, Kazuyuki, Shingo and Yagyu as discussed, where Kazuyuki teaches the diluent gas pipe and the mist introduction pipe are connected by the connecting member, with an angle of 180 degrees (fig. 1).
In regards to claims 24-25, Kazuyuki, Shingo and Yagyu as discussed, where Shingo teaches the cross-sectional area of a portion of the connecting member connected to the pipe for transferring the carrier (dilution) gas is equal to or less than a cross-sectional area of a portion of the connecting member connected to the pipe for transferring the carrier gas containing the mist (fig. 1-2).
In regards to claims 27-28, Kazuyuki, Shingo and Yagyu teaches the limitations of the claimed invention, but do not explicitly disclose the substrate is processed in an area of 10-cm2 or more.
However, processing a substrate in an area of 10-cm2 or more is well known as evidenced by US20150299853-para. 70 and US20040209005 -para. 105.
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have sized the area in which the substrate is processed so the substrate properly fits within the processing area and is effected treated and to achieve the desired application.
Response to Arguments
Applicant's arguments filed March 5, 2026 have been fully considered but they are not persuasive.
Applicant’s principal arguments are:
Kazuyuki (JP2018-070422) nor Singo (JP2018-178229) disclose or suggest the linear velocity of the additive fluid and the range of the flow rate of the carrier gas are simultaneously satisfied.
Linear velocity depends on the flow rate and the cross-sectional area (diameter) of the pipe. Kazuyuki at paragraph [0014], FIG. 1, shows a T-shaped mist transport pipe made of glass or fluororesin. However, the cross-sectional area (diameter) of each pipe is unclear. Therefore, even if the flow rate of the "dilution gas" disclosed in Singo is taken into consideration, it is not obvious that "a linear velocity of the additive fluid is 10 times or more a linear velocity of the carrier gas containing the mist."
The apparatuses of claims 18 and 21 have remarkable effects, which are unexpected based on the teachings of Kazuyuki and Singo, as described above. These effects are also demonstrated in the examples of the pending application, further shown in Figs. 11-12 and Table 2..
In response to Applicant’s arguments, please consider the following comments:
Kazuyuki, Shingo and Yagyu as discussed above, where Yagyu teaches the carrier gas supply device-22a with the flow-control valve-23a that controls the flow of the carrier gas with a range of 0.01 to 20-L/min together with the diluted carrier gas supply device-22b with the flow-control valve-23b that supplies the diluted carrier gas (additive) with a range of 0.1 to 20-L/min (fig. 1; para. 60, 74).
Yagyu teaches the flow rates are regulated (using the flow control valves) within the ranges discussed in order to achieve the inventive subject matter (para. 60).
Shingo depicts the carrier gas (dilution/ additive) pipe-2b is smaller in size compared to the carrier gas supply means-2a (fig. 1).
One of ordinary skill in art will recognize if the gases flowing thru pipe-2a and pipe-2b are at the same volumetric flow rate, the linear velocity of the gasses will be different if the pipe sizes are different.
Kazuyuki, Shingo and Yagyu is capable of the claimed process parameters of flow rate for the carrier gas of 8-L/min and the ratio of the linear velocity for the additive fluid and carrier gas containing the mist.
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., the cross-sectional area (diameter) of each pipe is unclear) 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).
The claimed "a linear velocity of the additive fluid is 10 times or more a linear velocity of the carrier gas containing the mist" is a unit-less element. The claims are silent to the pipe diameters/dimensions for the additive fluid and carrier gas containing the mist. The prior art is capable of having piping dimensions which are same or different and selection of piping dimensions is based the corresponding flow rate.
Applicants’ argument is not persuasive, as table 2 makes clear, specifically looking at the piping angle of 180-degrees, the ratio of linear velocity for ‘1’ provides a slightly better film forming rate (mm/hr), when compare to the ratio of linear velocity for ‘100’. Applicants argument of unexpected result for the claimed “a linear velocity of the additive fluid is set to 10 to 100 times to a linear velocity of the carrier gas containing the mist”, is not commensurate in scope and not persuasive (MPEP716.02(d))
Conclusion
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/Binu Thomas/Primary Examiner, Art Unit 1717
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