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 .
DETAILED ACTION
Claims 1 and 6-11 of S. J. Sun, et.al. US 18/135,413 (04/17/2023) are pending. Claims 6-11 are withdrawn as directed to unelected Group. Claim 1 is under examination on merits and are rejected.
Election/Restrictions
Pursuant to the restriction requirement, Applicant elected Group I (claims 1-5), without traverse, during the phone interview on 09/08/2025. Claims 6-11 drawn to non-elected Group (II) is withdrawn from consideration pursuant to 37 CFR 1.142(b). Applicant confirmed the election and canceled claims 2-4 in the reply filed on 01/21/2026. The Restriction Requirement is made as Final.
Pursuant to the election of species requirement, Applicant elected, without traverse, the compound of the Formula 2 in claim 3 as the species of the Formula 1 of claim 1 during the phone interview on 09/08/2025, for prosecution on the merits to which the claims shall be restricted if no generic claim is finally held to be allowable. Applicant confirmed the election and amended claim 1 in the reply filed on 01/21/2026. No claim of the elected invention read on the elected species. The elected species was searched and determined to be unpatentable as discussed in the 103 rejection below. The provisional species election requirement is in effect.
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Withdrawal Claim Rejections - 35 USC § 112(d)
Rejection of claim 5 under 35 U.S.C. 112(d) as being in improper dependent form for failing to further limit the subject matter of claim 1 is withdrawn in view the claim has been canceled.
Withdrawal Claim Rejections - 35 USC § 102
Rejection of claims 1 and 5 under 35 U.S.C. 102(a)(1)(a)(2) as being anticipated by S-H. Kim,, et al, US20220205099A1 (published on 01/30/2022)(“Kim”) is withdrawn in view of the instant claim 1 has been amended with new limitations of
R1 is selected from a linear alkyl group having 3 to 6 carbon atoms and a branched alkyl group having 3 to 6 carbon atoms, R2 is a linear alkyl group having 2 to 3 carbon atoms
which cannot be met by Kim.
Rejection of claims 1, 2 and 5 under 35 U.S.C. 102(a)(1)(a)(2) as being anticipated by J. Yang, et al, US20190119418A1 (2019) (“Yang”) is withdrawn in view of the instant claim 1 has been amended with new limitations of
R1 is selected from a linear alkyl group having 3 to 6 carbon atoms and a branched alkyl group having 3 to 6 carbon atoms, R2 is a linear alkyl group having 2 to 3 carbon atoms
which cannot be met by Yang.
Withdrawal Claim Rejections - 35 USC § 103
Rejection of claims 1-3, 5 and the elected species are rejected under 35 U.S.C. 103 over C.S. Hong, et al, US 20210327708 A1 (2021)(“Hong”) is withdrawn in view of the instant claim 1 has been amended with new limitations of
R1 is selected from a linear alkyl group having 3 to 6 carbon atoms and a branched alkyl group having 3 to 6 carbon atoms, R2 is a linear alkyl group having 2 to 3 carbon atoms
Which cannot be met by the compound [(Me)(nPr)Cp]Zr(NMe2)3 taught by Hong.
New Claim Rejections - 35 USC § 103
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 1 is rejected under 35 U.S.C. 103 over S-H. Kim,, et al, US20220205099A1 (published on 01/30/2022)(“Kim”).
US20220205099A1 (published on 01/30/2022)(“Kim”)
Kim teaches a precursor having the formula of M(R1R2Cp)a(L1)b that can be used for forming a Group IV transition metal containing film. Kim at page 1, [0008]-[0012].
Kim teaches example compounds of the formula of M(R1R2Cp)a(L1)b such as Zr(Me(Et)Cp)(NMe2)3 and Zr(Et(nPr)Cp)(NMe2)3. Kim at page 5, left col., [0107], line 31 for Zr(Me(Et)Cp)(NMe2)3 and line 38 for Zr(Et(nPr)Cp)(NMe2)3.
Per Example 5, Kim teaches Zr(Me(Et)Cp)(NMe2)3 has a chemical structure as indicated below. Kim at page 11, Example 5, [0149].
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Per Example 7, Kim teaches a thin film made from the Zr(Me(Et)Cp)(NMe2)3 through ALD. Kim at page 11, Example 7.
Difference between Kim and the instant Claim 1
The Kim Zr(Et(nPr)Cp)(NMe2)3 differs from claim 1 only in that Kim does not specify the substituted positions of the Et and the n-Pr.
Obviousness Rationale of Claim 1
It would have been prima facie obvious for one skilled artisan to arrive at the instantly claimed invention based on the teachings from Kim with a reasonable expectation of success before the effective filing date of the claimed invention.
One skilled artisan seeking to utilize the Kim compound Zr(Et(nPr)Cp)(NMe2)3 as a precursor to deposit zirconium film is motivated to elect the instant claim variables R1 and R3 in Kim Zr(Et(nPr)Cp)(NMe2)3 as ethyl and n-propyl respectively as indicated below, thus arrive at a compound meeting each and every limitation of the Formula 1 in claim 1, therefore, claim 1 is obvious.
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One skilled artisan is motivated to do so with a reasonable expectation of success because this proposed compound is a homologues of the Kim Zr(Me(Et)Cp)(NMe2)3 in Example 5, compounds which are homologs (compounds differing regularly by the successive addition of the same chemical group, e.g., by -CH2- groups) are generally of sufficiently close structural similarity that there is a presumed expectation that such compounds possess similar properties. MPEP 2144.09. II.
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 FRANK S. HOU whose telephone number is (571)272-1802. The examiner can normally be reached 6:30 am-2:30 pm Eastern on Monday to Friday.
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, Scarlett Goon can be reached at (571)2705241. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/FRANK S. HOU/Examiner, Art Unit 1692
/ALEXANDER R PAGANO/Primary Examiner, Art Unit 1692