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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 July 14, 2026, has been entered.
Election/Restrictions
Claim 3 is allowed. Since the species of Group B as recited in claim 15 depend from allowed claim 3, each of the species recited in claim 15 are hereby rejoined and fully examined for patentability under 37 CFR 1.104. The remaining withdrawn claims from Groups II-III and Species A have NOT been rejoined.
Because a claimed species previously withdrawn from consideration under 37 CFR 1.142 has been rejoined, the restriction requirement between the species of Group B as set forth in the Office action mailed on June 20, 2025, is hereby withdrawn. In view of the withdrawal of the restriction requirement as to the rejoined species, applicant(s) are advised that if any claim presented in a divisional application is anticipated by, or includes all the limitations of, a claim that is allowable in the present application, such claim may be subject to provisional statutory and/or nonstatutory double patenting rejections over the claims of the instant application.
Once the restriction requirement is withdrawn, the provisions of 35 U.S.C. 121 are no longer applicable. See In re Ziegler, 443 F.2d 1211, 1215, 170 USPQ 129, 131-32 (CCPA 1971). See also MPEP § 804.01.
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.
Claim 11 is 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 pre-AIA the applicant regards as the invention.
Claim 11 depends from claim 3 and recites “the normal to the cross-section of the monocrystalline sapphire seed” in ll. 2-3. There is insufficient antecedent basis for this limitation in the claim since claim 3 recites “a normal to the planar faces of the monocrystalline seed” rather than a normal to a cross-section. It is also noted that there is no antecedent basis for the recitation of “the cross-section” and it is unclear as to the orientation of the cross-section that is being claimed. For example, is it a cross-section in a pulling direction of the single crystal or is it a cross-section in a direction perpendicular to the pulling direction. Moreover, it is unclear whether the recitation of “the crystallographic axis [A], [M], or [C]” in ll. 2-3 refers to any of these axes or to the specific “one of the crystallographic axes [A], [C], or [M]” as recited in claim 3.
Allowable Subject Matter
Claims 3, 15, 19-21, 25, and 35 are allowed.
Claim 11 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is an examiner’s statement of reasons for allowance:
The prior art of record does not teach, disclose, or reasonably suggest a method for manufacturing a sapphire single crystal comprising a step of manufacturing a monocrystalline sapphire seed comprising cutting, from an initial sapphire single crystal, the monocrystalline sapphire seed into a plate shape delimited by two planar faces which extend parallel to and at a distance from each other, and a side face delimiting a side of the plate shape in a thickness direction of the plate shape and corresponding to the distance between the two planar faces, wherein the two planar faces delimit a length and a width of the plate shape, the length and the width being perpendicular to the thickness, and the length and the width of the plate shape being greater than the thickness of the plate shape, wherein the side face delimits all of the sides of the plate shape in the thickness direction between the two planar faces, and wherein the monocrystalline sapphire seed has a rhombohedral crystallographic structure defining three crystallographic axes [A], [C] and [M] perpendicular to each other and respectively perpendicular to crystallographic planes A (11-20), C (0001) and M (10-10), and the monocrystalline sapphire seed being cut so that one of the crystallographic axes [A], [C] or [M] of the monocrystalline sapphire seed forms, with a normal to the planar faces of the monocrystalline sapphire seed, an angle whose value is comprised between 25° and 35°, and so that the one of the crystallographic axes [A], [C] or [M] does not lie in the plane of the side face; and a step of melting alumina and/or sapphire in a crucible, then bringing the melting alumina and/or sapphire in contact with the monocrystalline sapphire seed to make the melting alumina and/or sapphire crystallize progressively according to a growth direction to form the sapphire single-crystal as recited in the context of claim 3. Dependent claims 15, 19-21, 25, and 35 are also deemed to be in condition for allowance due to their dependence on claim 3.
The closest prior art of record includes U.S. Patent Appl. Publ. No. 2014/0083353 to Pope, et al. (hereinafter “Pope”). In Fig. 2 and ¶¶[0025]-[0026] Pope teaches a method for crystal growth in which a seed crystal (119) having an orientation which produces the sapphire crystal in Figs. 5A-B and ¶¶[0028]-[0034] is brought into contact with the melt (114) in order to grow a sapphire crystal (120) having the desired crystal structure and orientation. However, as explained at pp. 13-14 of applicants’ July 14, 2026, reply, Pope does not teach or suggest the use of a plate-shaped monocrystalline sapphire seed crystal for the growth of a single crystal from a melt in which the seed crystal is cut so that one of the crystallographic axes [A], [C] or [M] of the monocrystalline sapphire seed forms, with a normal to the planar faces of the monocrystalline sapphire seed, an angle whose value is comprised between 25° and 35°, and so that the one of the crystallographic axes [A], [C] or [M] does not lie in the plane of the side face as recited in the context of claim 3.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. U.S. Patent Appl. Publ. No. 2015/0308012 to Watanabe, et al. discloses a method of growing an oxide single crystal by the EFG method using a plate-shaped seed crystal.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KENNETH A BRATLAND JR whose telephone number is (571)270-1604. The examiner can normally be reached Monday- Friday, 7:30 am to 4:30 pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kaj Olsen can be reached at (571) 272-1344. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KENNETH A BRATLAND JR/Primary Examiner, Art Unit 1714
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