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 .
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1 and 3-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Takashima (JP 2015-168600), an English computer translation (CT) is provided, in view of JP 61-106896U, an English computer translation (CT3) is provided and Shigeto et al (US 2001/0004877).
Takashima teaches a device for growing single crystals 2 (sublimation-recrystallization apparatus), comprising a crucible 10, which crucible 10 defines an outer lateral surface and moreover delimits an accommodation space 101 with an axial extension between a bottom section and an opening section, wherein the accommodation space is designed for growing the crystals 2, wherein the device hast at least one seed crystal layer 4, wherein the crucible 10 is arranged in a quartz chamber 50, wherein an induction heater 80 is arranged around the chamber 50, characterized in that wherein the crucible 10 is designed to have multiple parts (111a, 111b, 30, 12) and comprises a crucible bottom section, at least one crucible wall part, and a crucible cover part, which are releasably connected to one another (Fig 1-4; CT [0017]-0056] teaches crucible comprising a lower cylinder portion 111a (bottom), upper cylinder portion 111b (wall part), flange portion 32 (second wall part), and lid member 13 (crucible cover part) are placed on top of each other, which reads on releasably connected to one another). Takashima teaches two thermometers 91/92 may be radiation thermals to detect a temperature of the crucible (CT [0040]), which reads on a pyrometer.
In regards to “A device for growing single crystals, in particular single crystals of silicon carbide,” as discussed above it is unclear whether the device is required to grow silicon carbide; therefore, the broadest reasonable interpretation would be that it is not require to grow silicon carbide. Furthermore, Takashima teaches a sublimation-recrystallization apparatus for crystal growth; therefore, would be capable of being used for silicon carbide growth.
Takashima does not teach the crucible cover part has an opening, wherein the device is configured to detect, through the opening, a temperature in the accommodation space or on a side of the seed crystal layer facing away from the accommodation space by means of the pyrometer.
In an apparatus for measuring temperature inside a crucible, JP 61-106896U teaches crucible 1 comprising a lid 1a, a radiation thermometer 7 and a temperature measurement pipe (hollow cylinder) (Fig 1; Brief Description of the Drawings, Detailed explanation of the device), which clearly suggests a crucible cover part (lid) has an opening, wherein the device (radiation thermometer) is configured to detect, through the opening, a temperature in the accommodation space.
It would have been obvious to one of ordinary skill in the art at the time of filing to modify Takashima by providing a radiation thermometer and a temperature measurement pipe, as taught by JP 61-106896U, to measure the temperature inside the crucible.
The combination of Takashima and JP 61-106896U does not teach the device further comprising in addition to the accommodation space, a storage container for powdery or granular silicon.
In a crystal growth apparatus, Shigeto et al teaches a reaction crucible 1; a silicon raw material 22 is stored in a raw material container 21, wherein the silicon raw material 22 has a form, such as a finely divided particle form, and a feeder 23 is provided for the purpose of feeding the silicon raw material 22 into the reaction crucible 1 through pipe 31, which clearly suggests a storage container for powdery or granular silicon (Fig 1-2; [0026]-[0033]). Shigeto et al also teaches producing a silicon carbide single crystal comprising allowing a silicon raw material to react with a carbon raw material in a reaction crucible to generate reaction gas, that reaches a seed crystal substrate on which a silicon carbide single crystal grows, characterized in that the silicon raw material is continuously fed onto the carbon raw material which is maintained at a temperature such that carbon is allowed to react with silicon ([0013]-[0020]).
It would have been obvious to one of ordinary skill in the art at the time of filing to modify the combination of Takashima and JP 61-106896U by providing a storage container for powdery or granular silicon, as taught by Shigeto et al, to provide a continuously supply of silicon for silicon carbide crystal growth without boundaries (Shigeto [0060]).
In regards to the limitations “wherein in a bottom region of the crucible, a base material is present, which base material serves as a raw material for crystal growth on a seed crystal, wherein the base material is formed by a mixture of a powdery raw material and a raw material present in a form of lumps, and wherein the base material is silicon carbide,” these limitation are interpreted as an intended use of the claimed apparatus because the limitations are not structural limitations of the apparatus and merely recite the contents of the apparatus when used for SiC sublimation. A recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. Here, the combination of Takashima, JP 61-106896U and Shigeto teaches all of the structural limitations of the apparatus/device comprising a crucible having an accommodation space; therefore, the crucible is capable of being filled with any desired material, such as a raw material for crystal growth on a seed crystal, wherein the base material is formed by a mixture of a powdery raw material and a raw material present in a form of lumps, and wherein the base material is silicon carbide. Furthermore, It would have been obvious to one of ordinary skill in the art at the time of filing to modify the combination of Takashima, JP 61-106896U and Shigeto et al by filling the crucible bottom region with a mixture of powdery and lump SiC, to grow a SiC crystal in a sublimation growth process because the selection of a known material based on its suitability for its intended purpose is prima facie obvious (MPEP 2144.07) and combining equivalents (SiC lump and SiC powder) known for the same purpose (raw material for SiC crystal growth) is prima facie obvious (MPEP 2144.06 I).
Referring to claim 3, the combination of Takashima, JP 61-106896U and Shigeto et al teaches a guide surface 30 running towards the seed crystal layer 4 and inclined against an axis of the accommodation space, wherein the shortest distance from the guide surface to the axis of the accommodation space decreases from a lower edge of the guide surface facing the bottom section towards an upper edge of the guide surface facing a cover of the crucible (Takashima Fig 1, 2 and 4; CT [0029]-[0030]).
Referring to claim 4, the combination of Takashima, JP 61-106896U and Shigeto et al teaches the guide surface 30 is conically designed (Takashima Fig 1, 2 and 4; CT [0030]).
Referring to claim 5, the combination of Takashima, JP 61-106896U and Shigeto et al teaches the guide surface 30 is part of an insert inserted into the crucible, wherein the insert and/or the crucible bottom part and/or the crucible wall part and/or the crucible cover part made of carbides or nitrides (Takashima Fig 1, 2 and 4; CT [0024]-[0028] teaches explicit examples of ZrC and ZrN, and other nitride and carbide materials).
Referring to claim 6-7, the combination of Takashima, JP 61-106896U and Shigeto et al teaches the insert has a holding projection (flange 32) protruding from the guide surface in the radial direction and facing a side wall of the accommodation space; and extend circumferentially around the guide surface in the circumferential direction. (Takashima Fig 1, 2 and 4; CT [0029]-[0031]).
Referring to claim 8, the combination of Takashima, JP 61-106896U and Shigeto et al teaches the holding projection (flange 32) is arranged, at least in sections, between the crucible bottom part 111a and the crucible wall part 111b (Takashima Fig 1, 2, and 4).
Referring to claim 9, the combination of Takashima, JP 61-106896U and Shigeto et al teaches crucible bottom part 111a is designed to be pot-shaped, and the crucible wall part 111b is designed to be tubular, wherein the crucible bottom part and the crucible wall part are arranged on top of one another (Takashima Fig 1, 2 and 4).
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Takashima (JP 2015-168600), an English computer translation (CT) is provided, in view of JP 61-106896U, an English computer translation (CT3) is provided and Shigeto et al (US 2001/0004877), as applied to claim 1 above, and further in view of Tsuge et al (JP 2011-219295), an English computer translation (CT2) is provided.
The combination of Takashima, JP 61-106896U and Shigeto et al teaches all of the limitations of claim 2, as discussed above, except the combination of Takashima and JP 61-106896U does not explicitly teach a positioning assembly is provided, by means of which positioning assembly at least the crucible bottom part and the at least one crucible wall part are positioned on the ends facing one another oriented in a predefined position relative to one another.
In a SiC sublimation apparatus, Tsuge et al teaches a crucible 1 comprising a bottom 1c, a sidewall 1b and a lid 1a are provided with a connection portion 7 formed between each of the crucible members 1a, 1b and 1c, and the connection part 7 was connected by a screw connection (positioning assembly) (CT2 [0030]-[0052]; Fig 1-6), which clearly suggests a positioning assembly is provided, by means of which positioning assembly at least the crucible bottom part and the at least one crucible wall part are positioned on the ends facing one another oriented in a predefined position relative to one another.
It would have been obvious to one of ordinary skill in the art at the time of filing to modify the combination of Takashima, JP 61-106896U and Shigeto et al by providing the crucible parts with a connection assembly (connecting part and screw), as taught by Tsuge et al, to connect and maintain the position of the parts of the crucible.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-9 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Applicant's arguments filed 01/29/2026 have been fully considered but they are not persuasive.
Applicant’s argument that the prior art does not teach “in a bottom region of the crucible, a base material is present, which base material serves as a raw material for crystal growth on a seed crystal, wherein the base material is formed by a mixture of a powdery raw material and a raw material present in a form of lumps, and wherein the base material is silicon carbide” is noted but not found persuasive. As discussed above, the claimed limitation merely recites an intended use of the claimed apparatus because the limitation merely limits the contents of the apparatus and is not a structural limitation. Here, the combination of Takashima, JP 61-106896U and Shigeto teaches all of the structural limitations of the apparatus/device comprising a crucible having an accommodation space; therefore, the crucible is capable of being filled with any desired material, such as a raw material for crystal growth on a seed crystal, wherein the base material is formed by a mixture of a powdery raw material and a raw material present in a form of lumps, and wherein the base material is silicon carbide. Furthermore, It would have been obvious to one of ordinary skill in the art at the time of filing to modify the combination of Takashima, JP 61-106896U and Shigeto et al by filling the crucible bottom region with a mixture of powdery and lump SiC, to grow a SiC crystal in a sublimation growth process because the selection of a known material based on its suitability for its intended purpose is prima facie obvious (MPEP 2144.07) and combining equivalents (SiC lump and SiC powder) known for the same purpose (raw material for SiC crystal growth) is prima facie obvious (MPEP 2144.06 I). JP2009249263A teaches for sublimation, powders or lumps of crude silicon carbide crystals are used (computer translation [0015]), which clearly suggests that powders or lumps of crude silicon carbide crystals is conventionally known in the art to be suitable raw materials for SiC sublimation growth.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
CN 110904501 teaches a multipart crucible comprising a top 5, a middle 6 and a bottom 8 (Fig 1-2).
CN 110284188 teaches a multipart crucible comprising a lid 30, multiple middle sections 20, and a bottom 10 (Fig 1).
Lee et al (KR 20160130040) teaches a crucible that more accurately measures the temperature of a crucible by providing a pyrometer 600; and a pipe 350 that extends to the backside of a seed crystal 105 to provide a hole 310 that aligns with the pyrometer (Fig 3).
Sasaki et al (JP2017065934A) also teaches a crucible 1 with a pyrometer 72 and hole 23A/15C extends into the lid 13 portion holding the seed crystal (Fig 2-6).
CN 11349966 teaches a crucible with a lid having a hole 11 and a seed 5 spaced from the lid (Fig 1).
Janzen et al (US 2016/0133461) teaches the use of isotope enriched source material (in the form of powder or chunks) when growing the SiC material, and in the PVT growth method, the isotope enriched powder is used directly as the source material in the reactor ([0016]).
JP2009249263A teaches for sublimation, powders or lumps of crude silicon carbide crystals are used (computer translation [0015]).
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 MATTHEW J SONG whose telephone number is (571)272-1468. The examiner can normally be reached Monday-Friday 10AM-6PM.
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MATTHEW J. SONG
Examiner
Art Unit 1714
/MATTHEW J SONG/ Primary Examiner, Art Unit 1714