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 .
Election/Restrictions
Applicant’s election without traverse of group II, claims 8-11 in the reply filed on 9/18/25 is acknowledged. Since the election is made without traverse, the restriction is deemed as proper and therefore made FINAL. Claims 1-7 are withdrawn from consideration.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ishida et al JP 2014/114184.
Per claim 8, Ishida teaches manufacturing and growing single crystal silicon [0013] utilizing crystal grains in a polycrystalline rod in a diameter direction which is formed in a reactor (2) (see abstract) [0025]. The step of evaluation of the crystal and/or polycrystalline silicon is inherently disclosed by Ishida (e.g., Figures 5C-8 which shows imaging of the silicon). Ishida teaches that growth occurs until a diameter of 120mm (Example 1).
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(s) 9-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ishida et al JP 2014/114184.
Per claims 9-11, Ishida is silent regarding the claimed growth length. However, Ishida teaches a growth rate of 3.5 mm/hour [0042] and further teaches that the time of deposition controls various parameters including power supply capacity, economic efficiency, etc., [0042]. As such, it would have been obvious to one of ordinary skill in the art to have controlled and optimized the time and therefore the growth length of the silicon to arrive at the desired results via routine experimentation (see MPEP 2144.05).
Response to Arguments
Applicant's arguments filed 1/16/26 have been fully considered but they are not persuasive. It is noted that the rejection over Kobayashi is withdrawn. Regarding Ishida, Applicant argues that core wire 10 is a polycrystalline silicon rod (see page 3 of the response). However, this is not persuasive because Ishida clearly teaches that the silicon core wire 10 (abstract) is a single crystal rod, which is grown and manufactured using single crystal production [0013]. Ishida then refers to depositing polycrystalline onto this wire and refers to the next product as a polycrystalline silicon rod 20 (not item 10). As such, Applicant’s arguments are not persuasive.
Conclusion
THIS ACTION IS MADE FINAL. 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.
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/NATHAN T LEONG/ Primary Examiner, Art Unit 1715