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 of Group I in the reply filed on February 3, 2026 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)). Claims 10-18 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.
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 5 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 5 recites the limitation "the dimension" in line 4. There is insufficient antecedent basis for this limitation in the claim.
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) 1-8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Coppola et al. US 2022/0227676.
Coppola discloses (see claims 11 and 16) a reaction-bonded silicon carbide body, comprising: a main body portion (206), comprising reaction-bonded silicon carbide and elemental silicon, and not comprising diamond (claim 16, ¶0020); and one or more discrete elements (202) of a dimension, located at least partially within the main body portion, each comprising a single diamond particle (42) of the dimension, reaction-bonded silicon carbide coatings surrounding the diamond particles, and elemental silicon (claim 16, ¶0020). The transitional term “comprising” is an inclusive or open-ended and does not exclude additional, unrecited elements or method steps (see MPEP 2111.03). Furthermore, see Gillette Co. v. Energizer Holdings Inc., 405 F.3d 1367, 1371-73, 74 USPQ2d 1586, 1589-91 (Fed. Cir. 2005), the court held that a claim to “a safety razor blade unit comprising a guard, a cap, and a group of first, second, and third blades” encompasses razors with more than three blades because the transitional phrase “comprising” in the preamble and the phrase “group of” are presumptively open-ended. “The word ‘comprising’ transitioning from the preamble to the body signals that the entire claim is presumptively open-ended.” In the instant case, the discrete element “comprising” a single diamond particles can also contain more than one single diamond particle as claimed; thus, Coppola anticipates the claimed limitation.
As for claim 2, Coppola discloses wherein the main body portion is configured for use within a vacuum wafer chuck (¶0029).
As for claim 3, Coppola discloses wherein the discrete elements comprise pins (202) for supporting a semiconductor wafer.
As for claim 4, Coppola discloses wherein the pins (202) comprise first portions (see Fig. 10, bottom of 202) located within the main body portion (206), and the pins comprise second portions (212) which stand proud above the main body portion and the first portions.
As for claim 5, Coppola discloses wherein the first portions of the pins have a first diameter (D1), the second portions of the pins have a second diameter (D2, see annotated Fig. 10 below), and the first diameter is greater than the second diameter, the second diameter being substantially equal to the dimension (see annotated Fig. 10 below).
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As for claim 6, Coppola discloses wherein the pins are separated from each other (see Fig. 10 above) and prevents bi-metallic strip stresses (¶0030, claim 13).
As for claim 7, Coppola discloses wherein the discrete elements are configured to provide high heat flux directly under a die, without reducing the machinability of the main body portion (¶0036, claim 14).
As for claim 8, Coppola discloses wherein the discrete elements are configured to provide local diamond reinforcement at a wear face, without reducing the machinability of the main body portion (¶0026 and ¶0036, claim 15).
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.
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Coppola et al. US 2022/0227676 in view of Sung US 9238207.
As for claim 9, Coppola discloses all the limitations as recited above but does not disclose the type of diamond particle (42) used specifically wherein the single diamond particle may comprise a single crystal or a polycrystalline crystal. However, the use of single diamond particle comprising a single crystal (natural) or a polycrystalline crystal (synthetic) is well known in the art as evidence by Sung who teaches the use of natural or synthetic diamond particles (col. 12, lines 13-21) formed from crystal diamond (natural) or polycrystalline diamond (synthetic) for forming tools. It would have been obvious to one of ordinary skill in the art, before the effective filing date, to modify and/or substitute the diamond particle of Coppola with a single diamond crystal or polycrystalline diamond crystal as taught by Sung.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TYRONE V HALL JR whose telephone number is (571)270-5948. The examiner can normally be reached Mon.-Fri. 7:30am-3:30pm.
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/TYRONE V HALL JR/Primary Examiner, Art Unit 3723