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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 4/1/2026 has been entered.
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
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.
Claims 1-11, 13-14, 16-23, 25-35, and 37 are rejected under 35 U.S.C. 103 as being unpatentable over Song et al. (US20130225052), hereinafter Song, in view of Deguchi et al. (US6068883), hereinafter Deguchi, and in further view of Cho (KR20090023778A), provided as a PDF.
Regarding claim 1, Song discloses A structure, comprising: a substrate (Fig. 1 element 10) having a surface (Fig. 2, the top surface of the substrate shown) including at least one sidewall (see annotated Fig. 2 below); and a diamond layer (Fig. 1 element 20) having a thickness (0044, where approximately uniform thickness corresponds to thickness) with the diamond coating being deposited on the surface of the substrate over the at least one sidewall (Fig. 1, 0044).
Song fails to disclose the diamond layer having a thickness between 10 nanometers and 1000 nanometers and formed from diamond grains sized to be 50% or less of diamond layer thickness, wherein the substrate includes at least one cavity that is a part of a vacuum system, and wherein the substrate and the vacuum system are configured in combination to hold a semiconductor wafer against the substrate.
Deguchi is also concerned with a substrate with a diamond layer and teaches the diamond layer (Fig. 2 element 14) having a thickness between 10 nanometers and 1000 nanometers (3:25-34, where less than .5μm is within the claimed range) and formed from diamond grains (3:62-4:5, where diamond grains correspond to diamond grains) sized to be 50% or less of diamond layer thickness (3:62-4:5, where no more than .005 μm - .1μm is provides an infinite number of combinations of diamond layer thickness and diamond grains which meet the limitation). It 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 to modify the structure of Song to have the diamond layer thickness and diamond grain size taught by Deguchi because Deguchi teaches that using the a diamond layer thickness in the claimed range can be formed quickly and easily applied to lamination and diamond grains in the claimed range provides the diamond layer film with increased homogeneity, density, and flatness (3:25-31 and 3:62-4:5).
Song, as modified, fails to disclose the substrate includes at least one cavity that is a part of a vacuum system, and wherein the substrate and the vacuum system are configured in combination to hold a semiconductor wafer against the substrate.
Cho is also concerned with a substrate embedded with diamond and teaches the substrate (Fig. 4a element 40) includes at least one cavity (Figs. 4a-4b element 50) that is a part of a vacuum system (Figs. 4a-4b and page 6 line 11, where the combination of the at least one cavity and the “vacuum generator” corresponds to a vacuum system), and wherein the substrate and the vacuum system are configured in combination to hold a semiconductor wafer against the substrate (the vacuum system providing a suction force to the outside through the substrate makes the combination of the substrate and the vacuum system capable of holding a semiconductor wafer against the substrate). It 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 to modify the structure of Song, as modified, to include at least one cavity that is a part of a vacuum system, and wherein the substrate and the vacuum system are configured in combination to hold a semiconductor wafer against the substrate, as taught by Cho, because Cho teaches that “by effectively separating and removing various by-products generated during the CMP process from the pad through a plurality of vacuum holes formed at regular intervals on the outer edge of the CMP pad conditioning disk, it is possible to reduce secondary contamination or scratches on the pad and wafer caused by by-products remaining on the pad after the CMP pad conditioning process, stabilize the process, and extend the lifespan of the pad” (page 5 lines 13-18).
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Regarding claim 2, Song, as modified, discloses the limitations of claim 1, as described above, and further discloses the sidewall is defined on a protrusion (Song, Fig. 2 element 11) extending away from the substrate (Song, Fig. 2).
Regarding claim 3, Song, as modified, discloses the limitations of claim 1, as described above, and further discloses the sidewall is defined on a cavity extending into the substrate (Song, see annotated Fig. 1 below).
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Regarding claim 4, Song, as modified, discloses the limitations of claim 1, as described above, and further discloses the diamond layer is formed to continuously cover the surface of the substrate (Song, Fig. 1, 0044).
Regarding claim 5, Song, as modified, discloses the limitations of claim 1, as described above, and further discloses the diamond layer is formed to partially cover the surface of the substrate (Song, Fig. 1, 0044, where completely covering the substrate also meets partially covering the substrate).
Regarding claim 6, Song, as modified, discloses the limitations of claim 1, as described above, and further discloses the diamond layer is formed to conformally cover the surface of the substrate (Song, Fig. 1, where the diamond layer conforming to the surface of the substrate means that the diamond layer is conformally covering the surface of the substrate).
Regarding claim 7, Song, as modified, discloses the limitations of claim 1, as described above, and further discloses the diamond layer is formed to thin or thicken by less than 20% across the surface of the substrate (Song, 0044, where approximately uniform thickness corresponds to the diamond layer is formed to thin or thicken by less than 20% across the surface of the substrate).
Regarding claim 8, Song, as modified, discloses the limitations of claim 1, as described above, and further discloses the diamond layer thickness is substantially uniformly thick over selected regions of the surface of the substrate (Song, 0044, where approximately uniform thickness corresponds to the diamond layer thickness is substantially uniformly thick over selected regions of the surface of the substrate).
Regarding claim 9, Song, as modified, discloses the limitations of claim 1, as described above, and further discloses the diamond layer is formed to cover at least a portion of the surface of the substrate (Song, Fig. 1, 0044, where completely covering the substrate also meets covering at least a portion of the substrate).
Song, as modified, fails to disclose the diamond layer is a part of a multi-layered structure that includes any combination of one or more other diamond layers and non-diamond layers.
Deguchi is also concerned with a substrate with a diamond layer and teaches the diamond layer is a part of a multi-layered structure that includes any combination of one or more other diamond layers and non-diamond layers (9:63-10:36, where a “cubic silicon carbide layer” corresponds to one or more non-diamond layers). It 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 to modify the structure of Song, as modified, to include an additional non-diamond layer, as taught by Deguchi, because Deguchi teaches that providing a non-diamond layer for the diamond layer to adhere to has the following effect: “the diamond orientation was further improved, and thus, highly-oriented diamond films on which many diamond crystal grains had the same surface-direction were obtained” (10:31-34).
Regarding claim 10, Song, as modified, discloses the limitations of claim 1, as described above, and further discloses the diamond layer on the surface and the sidewall is formed to have 50% of grains sized to be between 2 nanometers and 500 nanometers in size (Deguchi, 3:62-4:5, where all of the grains being no more than .005μm - .1μm meets this limitation).
Regarding claim 11, Song, as modified, discloses the limitations of claim 1, as described above, and further discloses the substrate is opaque at optical wavelengths (Song, 0011, where both ceramic and hard metal alloy are materials which are opaque at certain optical wavelengths).
Regarding claim 13, Song discloses a method for depositing a layer, comprising: providing a substrate (Fig. 1 element 10) having a surface (Fig. 2, the top surface of the substrate shown) including at least one sidewall (see annotated Fig. 2 above); and depositing a diamond layer (Fig. 1 element 20, Abstract) having a thickness (0044, where approximately uniform thickness corresponds to thickness) with the diamond coating being deposited on the surface of the substrate over the at least one sidewall (Fig. 1, 0044).
Song fails to disclose the diamond layer having a thickness between 10 nanometers and 1000 nanometers and formed from diamond grains sized to be 50% or less of diamond layer thickness, wherein the substrate includes at least one cavity that is a part of a vacuum system, and wherein the substrate and the vacuum system are configured in combination to hold a semiconductor wafer against the substrate.
Deguchi is also concerned with a method for depositing a diamond layer on a substrate and teaches the diamond layer (Fig. 2 element 14) having a thickness between 10 nanometers and 1000 nanometers (3:25-34, where less than .5μm is within the claimed range) and formed from diamond grains (3:62-4:5, where diamond grains correspond to diamond grains) sized to be 50% or less of diamond layer thickness (3:62-4:5, where no more than .005 μm - .1μm is provides an infinite number of combinations of diamond layer thickness and diamond grains which meet the limitation). It 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 to modify the method of Song to have the diamond layer thickness and diamond grain size taught by Deguchi because Deguchi teaches that using the a diamond layer thickness in the claimed range can be formed quickly and easily applied to lamination and diamond grains in the claimed range provides the diamond layer film with increased homogeneity, density, and flatness (3:25-31 and 3:62-4:5).
Song, as modified, fails to disclose the substrate includes at least one cavity that is a part of a vacuum system, and wherein the substrate and the vacuum system are configured in combination to hold a semiconductor wafer against the substrate.
Cho is also concerned with a substrate embedded with diamond and teaches the substrate (Fig. 4a element 40) includes at least one cavity (Figs. 4a-4b element 50) that is a part of a vacuum system (Figs. 4a-4b and page 6 line 11, where the combination of the at least one cavity and the “vacuum generator” corresponds to a vacuum system), and wherein the substrate and the vacuum system are configured in combination to hold a semiconductor wafer against the substrate (the vacuum system providing a suction force to the outside through the substrate makes the combination of the substrate and the vacuum system capable of holding a semiconductor wafer against the substrate). It 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 to modify the structure of Song, as modified, to include at least one cavity that is a part of a vacuum system, and wherein the substrate and the vacuum system are configured in combination to hold a semiconductor wafer against the substrate, as taught by Cho, because Cho teaches that “by effectively separating and removing various by-products generated during the CMP process from the pad through a plurality of vacuum holes formed at regular intervals on the outer edge of the CMP pad conditioning disk, it is possible to reduce secondary contamination or scratches on the pad and wafer caused by by-products remaining on the pad after the CMP pad conditioning process, stabilize the process, and extend the lifespan of the pad” (page 5 lines 13-18).
Regarding claim 14, Song, as modified, discloses the limitations of claim 13, as described above, and further discloses the sidewall is defined on a protrusion (Song, Fig. 2 element 11) extending away from the substrate (Song, Fig. 2).
Regarding claim 15, Song, as modified, discloses the limitations of claim 13, as described above, and further discloses the sidewall is defined on a cavity extending into the substrate (Song, see annotated Fig. 1 above).
Regarding claim 16, Song, as modified, discloses the limitations of claim 13, as described above, and further discloses the diamond layer is formed to continuously cover the surface of the substrate (Song, Fig. 1, 0044).
Regarding claim 17, Song, as modified, discloses the limitations of claim 13, as described above, and further discloses the diamond layer is formed to partially cover the surface of the substrate (Song, Fig. 1, 0044, where completely covering the substrate also meets partially covering the substrate).
Regarding claim 18, Song, as modified, discloses the limitations of claim 13, as described above, and further discloses the diamond layer is formed to conformally cover the surface of the substrate (Song, Fig. 1, where the diamond layer conforming to the surface of the substrate means that the diamond layer is conformally covering the surface of the substrate).
Regarding claim 19, Song, as modified, discloses the limitations of claim 13, as described above, and further discloses the diamond layer is formed to thin or thicken by less than 20% across the surface of the substrate (Song, 0044, where approximately uniform thickness corresponds to the diamond layer is formed to thin or thicken by less than 20% across the surface of the substrate).
Regarding claim 20, Song, as modified, discloses the limitations of claim 13, as described above, and further discloses the diamond layer thickness is uniformly thick over selected regions of the surface of the substrate (Song, 0044, where approximately uniform thickness corresponds to the diamond layer thickness is uniformly thick over selected regions of the surface of the substrate).
Regarding claim 21, Song, as modified, discloses the limitations of claim 13, as described above, and further discloses the diamond layer is formed to cover at least a portion of the surface of the substrate (Song, Fig. 1, 0044, where completely covering the substrate also meets covering at least a portion of the substrate).
Song, as modified, fails to disclose the diamond layer is a part of a multi-layered structure that includes any combination of one or more other diamond layers and non-diamond layers.
Deguchi is also concerned with a substrate with a diamond layer and teaches the diamond layer is a part of a multi-layered structure that includes any combination of one or more other diamond layers and non-diamond layers (9:63-10:36, where a “cubic silicon carbide layer” corresponds to one or more non-diamond layers). It 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 to modify the structure of Song, as modified, to include an additional non-diamond layer, as taught by Deguchi, because Deguchi teaches that providing a non-diamond layer for the diamond layer to adhere to has the following effect: “the diamond orientation was further improved, and thus, highly-oriented diamond films on which many diamond crystal grains had the same surface-direction were obtained” (10:31-34).
Regarding claim 22, Song, as modified, discloses the limitations of claim 13, as described above, and further discloses the diamond layer on the surface and the sidewall is formed to have 50% of grains sized to be between 2 nanometers and 500 nanometers in size (Deguchi, 3:62-4:5, where all of the grains being no more than .005μm - .1μm meets this limitation).
Regarding claim 23, Song, as modified, discloses the limitations of claim 13, as described above, and further discloses the substrate is opaque at optical wavelengths (Song, 0011, where both ceramic and hard metal alloy are materials which are opaque at certain optical wavelengths).
Regarding claim 25, Song discloses a wafer tooling structure, comprising: wafer tooling (Fig. 1 element 1) including a substrate (Fig. 1 element 10) having a surface (Fig. 2, the top surface of the substrate shown) including at least one sidewall (see annotated Fig. 2 above); and a diamond layer (Fig. 1 element 20) having a thickness (0044, where approximately uniform thickness corresponds to thickness) with the diamond coating being deposited on the surface of the substrate over the at least one sidewall (Fig. 1, 0044).
Song fails to disclose the diamond layer having a thickness between 10 nanometers and 1000 nanometers and formed from diamond grains sized to be 50% or less of diamond layer thickness, wherein the substrate includes at least one cavity that is a part of a vacuum system, and wherein the substrate and the vacuum system are configured in combination to hold a semiconductor wafer against the substrate.
Deguchi is also concerned with a wafer tooling structure including a substrate with a diamond layer and teaches the diamond layer (Fig. 2 element 14) having a thickness between 10 nanometers and 1000 nanometers (3:25-34, where less than .5μm is within the claimed range) and formed from diamond grains (3:62-4:5, where diamond grains correspond to diamond grains) sized to be 50% or less of diamond layer thickness (3:62-4:5, where no more than .005 μm - .1μm is provides an infinite number of combinations of diamond layer thickness and diamond grains which meet the limitation). It 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 to modify the wafer tooling structure of Song to have the diamond layer thickness and diamond grain size taught by Deguchi because Deguchi teaches that using the a diamond layer thickness in the claimed range can be formed quickly and easily applied to lamination and diamond grains in the claimed range provides the diamond layer film with increased homogeneity, density, and flatness (3:25-31 and 3:62-4:5).
Song, as modified, fails to disclose the substrate includes at least one cavity that is a part of a vacuum system, and wherein the substrate and the vacuum system are configured in combination to hold a semiconductor wafer against the substrate.
Cho is also concerned with a substrate embedded with diamond and teaches the substrate (Fig. 4a element 40) includes at least one cavity (Figs. 4a-4b element 50) that is a part of a vacuum system (Figs. 4a-4b and page 6 line 11, where the combination of the at least one cavity and the “vacuum generator” corresponds to a vacuum system), and wherein the substrate and the vacuum system are configured in combination to hold a semiconductor wafer against the substrate (the vacuum system providing a suction force to the outside through the substrate makes the combination of the substrate and the vacuum system capable of holding a semiconductor wafer against the substrate). It 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 to modify the structure of Song, as modified, to include at least one cavity that is a part of a vacuum system, and wherein the substrate and the vacuum system are configured in combination to hold a semiconductor wafer against the substrate, as taught by Cho, because Cho teaches that “by effectively separating and removing various by-products generated during the CMP process from the pad through a plurality of vacuum holes formed at regular intervals on the outer edge of the CMP pad conditioning disk, it is possible to reduce secondary contamination or scratches on the pad and wafer caused by by-products remaining on the pad after the CMP pad conditioning process, stabilize the process, and extend the lifespan of the pad” (page 5 lines 13-18).
Regarding claim 26, Song, as modified, discloses the limitations of claim 25, as described above, and further discloses the sidewall is defined on a protrusion (Song, Fig. 2 element 11) extending away from the substrate (Song, Fig. 2).
Regarding claim 27, Song, as modified, discloses the limitations of claim 25, as described above, and further discloses the sidewall is defined on a cavity extending into the substrate (Song, see annotated Fig. 1 above).
Regarding claim 28, Song, as modified, discloses the limitations of claim 25, as described above, and further discloses the diamond layer is formed to continuously cover the surface of the substrate (Song, Fig. 1, 0044).
Regarding claim 29, Song, as modified, discloses the limitations of claim 25, as described above, and further discloses the diamond layer is formed to partially cover the surface of the substrate (Song, Fig. 1, 0044, where completely covering the substrate also meets partially covering the substrate).
Regarding claim 30, Song, as modified, discloses the limitations of claim 25, as described above, and further discloses the diamond layer is formed to conformally cover the surface of the substrate (Song, Fig. 1, where the diamond layer conforming to the surface of the substrate means that the diamond layer is conformally covering the surface of the substrate).
Regarding claim 31, Song, as modified, discloses the limitations of claim 25, as described above, and further discloses the diamond layer is formed to thin or thicken by less than 20% across the surface of the substrate (Song, 0044, where approximately uniform thickness corresponds to the diamond layer is formed to thin or thicken by less than 20% across the surface of the substrate).
Regarding claim 32, Song, as modified, discloses the limitations of claim 25, as described above, and further discloses the diamond layer thickness is uniformly thick over selected regions of the surface of the substrate (Song, 0044, where approximately uniform thickness corresponds to the diamond layer thickness is uniformly thick over selected regions of the surface of the substrate).
Regarding claim 33, Song, as modified, discloses the limitations of claim 25, as described above, and further discloses the diamond layer is formed to cover at least a portion of the surface of the substrate (Song, Fig. 1, 0044, where completely covering the substrate also meets covering at least a portion of the substrate).
Song, as modified, fails to disclose the diamond layer is a part of a multi-layered structure that includes any combination of one or more other diamond layers and non-diamond layers.
Deguchi is also concerned with a substrate with a diamond layer and teaches the diamond layer is a part of a multi-layered structure that includes any combination of one or more other diamond layers and non-diamond layers (9:63-10:36, where a “cubic silicon carbide layer” corresponds to one or more non-diamond layers). It 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 to modify the structure of Song, as modified, to include an additional non-diamond layer, as taught by Deguchi, because Deguchi teaches that providing a non-diamond layer for the diamond layer to adhere to has the following effect: “the diamond orientation was further improved, and thus, highly-oriented diamond films on which many diamond crystal grains had the same surface-direction were obtained” (10:31-34).
Regarding claim 34, Song, as modified, discloses the limitations of claim 25, as described above, and further discloses the diamond layer on the surface and the sidewall is formed to have 50% of grains sized to be between 2 nanometers and 500 nanometers in size (Deguchi, 3:62-4:5, where all of the grains being no more than .005μm - .1μm meets this limitation).
Regarding claim 35, Song, as modified, discloses the limitations of claim 25, as described above, and further discloses the substrate is opaque at optical wavelengths (Song, 0011, where both ceramic and hard metal alloy are materials which are opaque at certain optical wavelengths).
Regarding claim 37, Song discloses a method for depositing a layer on wafer tooling, comprising: providing a wafer tool (Fig. 1 element 10) including substrate (Fig. 1 element 10, where the substrate is a subset of the wafer tool which encompasses the entirety of the wafer tool) having a surface (Fig. 2, the top surface of the substrate shown) including at least one sidewall (see annotated Fig. 2 above); and depositing a diamond layer (Fig. 1 element 20, Abstract) having a thickness (0044, where approximately uniform thickness corresponds to thickness) with the diamond coating being deposited on the surface of the substrate over the at least one sidewall (Fig. 1, 0044).
Song fails to disclose the diamond layer having a thickness between 10 nanometers and 1000 nanometers and formed from diamond grains sized to be 50% or less of diamond layer thickness, wherein the substrate includes at least one cavity that is a part of a vacuum system, and wherein the substrate and the vacuum system are configured in combination to hold a semiconductor wafer against the substrate.
Deguchi is also concerned with a method for depositing a diamond layer on a substrate and teaches the diamond layer (Fig. 2 element 14) having a thickness between 10 nanometers and 1000 nanometers (3:25-34, where less than .5μm is within the claimed range) and formed from diamond grains (3:62-4:5, where diamond grains correspond to diamond grains) sized to be 50% or less of diamond layer thickness (3:62-4:5, where no more than .005 μm - .1μm is provides an infinite number of combinations of diamond layer thickness and diamond grains which meet the limitation). It 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 to modify the method of Song to have the diamond layer thickness and diamond grain size taught by Deguchi because Deguchi teaches that using the a diamond layer thickness in the claimed range can be formed quickly and easily applied to lamination and diamond grains in the claimed range provides the diamond layer film with increased homogeneity, density, and flatness (3:25-31 and 3:62-4:5).
Song, as modified, fails to disclose the substrate includes at least one cavity that is a part of a vacuum system, and wherein the substrate and the vacuum system are configured in combination to hold a semiconductor wafer against the substrate.
Cho is also concerned with a substrate embedded with diamond and teaches the substrate (Fig. 4a element 40) includes at least one cavity (Figs. 4a-4b element 50) that is a part of a vacuum system (Figs. 4a-4b and page 6 line 11, where the combination of the at least one cavity and the “vacuum generator” corresponds to a vacuum system), and wherein the substrate and the vacuum system are configured in combination to hold a semiconductor wafer against the substrate (the vacuum system providing a suction force to the outside through the substrate makes the combination of the substrate and the vacuum system capable of holding a semiconductor wafer against the substrate). It 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 to modify the structure of Song, as modified, to include at least one cavity that is a part of a vacuum system, and wherein the substrate and the vacuum system are configured in combination to hold a semiconductor wafer against the substrate, as taught by Cho, because Cho teaches that “by effectively separating and removing various by-products generated during the CMP process from the pad through a plurality of vacuum holes formed at regular intervals on the outer edge of the CMP pad conditioning disk, it is possible to reduce secondary contamination or scratches on the pad and wafer caused by by-products remaining on the pad after the CMP pad conditioning process, stabilize the process, and extend the lifespan of the pad” (page 5 lines 13-18).
Claims 12, 24, and 36 are rejected under 35 U.S.C. 103 as being unpatentable over Song et al. (US20130225052), hereinafter Song, in view of Deguchi et al. (US6068883), hereinafter Deguchi, in further view of Cho (KR20090023778A), provided as a PDF, and in further view of Patterson et al. (US5316795), hereinafter Patterson.
Regarding claim 12, Song, as modified, discloses the limitations of claim 1, as described above, but fails to disclose the diamond layer is deposited at less than 600 degrees Celsius.
Patterson is also concerned with a substrate with a diamond layer and teaches the diamond layer is deposited at less than 600 degrees Celsius (Claim 82, where 250-400 degrees Celsius is within the claimed range).
Patterson is also concerned with a substrate with a diamond layer and teaches the diamond layer is deposited at less than 600 degrees Celsius (Claim 82, where 250-400 degrees Celsius is within the claimed range). It 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 to modify the structure of Song, as modified, to make the diamond layer be deposited at less than 600 degrees Celsius, at taught by Patterson, because Patterson teaches that the process used to deposit a diamond layer at a temperature within the claimed range makes the process of depositing the diamond layer "simpler and generally more cost effective" than high energy (e.g. higher temperature) methods (2:56-60).
Examiner notes that regarding the diamond layer being deposited at less than 600 degrees Celsius, in accordance to MPEP2112, the method of forming the device is not germane to the issue of patentability itself. Therefore, while this limitation has been rejected, this limitation has not been given patentable weight. Please note that even though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product, i.e. a substrate with a diamond layer, does not depend on its method of production, i.e. depositing the diamond layer at less than 600 degrees Celsius.
Regarding claim 24, Song, as modified, discloses the limitations of claim 13, as described above, but fails to disclose the diamond layer is deposited at less than 600 degrees Celsius.
Patterson is also concerned with a substrate with a diamond layer and teaches the diamond layer is deposited at less than 600 degrees Celsius (Claim 82, where 250-400 degrees Celsius is within the claimed range).
Patterson is also concerned with a method for depositing a diamond layer on a substrate and teaches the diamond layer is deposited at less than 600 degrees Celsius (Claim 82, where 250-400 degrees Celsius is within the claimed range). It 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 to modify the method of Song, as modified, to make the diamond layer be deposited at less than 600 degrees Celsius, at taught by Patterson, because Patterson teaches that the process used to deposit a diamond layer at a temperature within the claimed range makes the process of depositing the diamond layer "simpler and generally more cost effective" than high energy (e.g. higher temperature) methods (2:56-60).
Regarding claim 36, Song, as modified, discloses the limitations of claim 25, as described above, but fails to disclose the diamond layer is deposited at less than 600 degrees Celsius.
Patterson is also concerned with a substrate with a diamond layer and teaches the diamond layer is deposited at less than 600 degrees Celsius (Claim 82, where 250-400 degrees Celsius is within the claimed range).
Patterson is also concerned with a wafer tooling structure including a substrate with a diamond layer and teaches the diamond layer is deposited at less than 600 degrees Celsius (Claim 82, where 250-400 degrees Celsius is within the claimed range). It 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 to modify the structure of Song, as modified, to make the diamond layer be deposited at less than 600 degrees Celsius, at taught by Patterson, because Patterson teaches that the process used to deposit a diamond layer at a temperature within the claimed range makes the process of depositing the diamond layer "simpler and generally more cost effective" than high energy (e.g. higher temperature) methods (2:56-60).
Examiner notes that regarding the diamond layer being deposited at less than 600 degrees Celsius, in accordance to MPEP2112, the method of forming the device is not germane to the issue of patentability itself. Therefore, while this limitation has been rejected, this limitation has not been given patentable weight. Please note that even though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product, i.e. a substrate with a diamond layer, does not depend on its method of production, i.e. depositing the diamond layer at less than 600 degrees Celsius.
Response to Arguments
Applicant's arguments with respect to claims 1, 13, 25, and 37 have been considered but are moot because the new grounds of rejection rely on a different combination of prior art as the combination of prior art challenged by Applicant in the Arguments/Remarks.
Conclusion
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/C.A.H./Examiner, Art Unit 3723 /MONICA S CARTER/Supervisory Patent Examiner, Art Unit 3723
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