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 § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 16-17 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Claim 17 depends from claim 16. There is no support for performing both e-beam evaporation and thermal evaporation to pattern a plasma-resistant dielectric layer. The specification states: In some embodiments, patterning the plasma resistant dielectric layer comprises patterning a plasma-resistant dielectric by thermal evaporation, preferably using a mask. In some embodiments, the plasma resistant dielectric layer is patterned using e-beam evaporation (pp. 10 lines 1-6). Examiner notes that the specification discloses different embodiments to pattern the plasma-resistant dielectric and not both process to perform the patterning process.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-5, 7, 8, 9 ,11, 12, & 18-20 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Lara-Avila (US Pub no. 2020/0328295 A1).
Regarding claim 1, Lara-Avila et al discloses A graphene Hall sensor for operation at cryogenic temperatures[0093] [0095][0076] comprising: a substrate(102); a graphene sheet (104)provided on the substrate(102)[0056]; a dielectric layer (106)provided on the graphene sheet(104) [0089], wherein the graphene sheet (104)and the dielectric layer(106) share a continuous outer edge surface[0095] fig. 8; a first pair of electrical contacts(702/704) in electrical contact with the graphene sheet (104)and spaced apart along a first direction fig. 8 [0095]; and a second pair of electrical contacts(706/708) in electrical contact with the graphene sheet (104)and spaced apart along a second direction[0095] fig. 8, wherein the first direction is perpendicular to the second direction fig. 8, a path along the first direction between the first pair of electrical contacts(702/704) crosses a path along the second direction between the second pair of electrical contacts(706/708), the graphene sheet(104) has a sheet carrier density in the range of 2 x 1011 cm-2 to 1 x 1013 cm-2 at a temperature of 4K(the as-grown carrier density of epitaxial graphene is 1x1013cm-2 at 4K[0076] fig. 5d-Examiner notes fig. 5a-5c depict a cross sectional portion of the hall bar and fig. 8 shows than plan view of the hall bar[0093] [0033][0037] ).
Regarding claim 2, Lara-Avila et al discloses wherein the first pair of electrical contacts (702/704)are provided on the substrate(102) adjacent to the graphene sheet (104)such that the first pair of electrical contacts (702/704)are in direct contact with the graphene sheet (104)via the continuous outer edge surface fig . 8; and the second pair of electrical contacts(706/708) are provided on the substrate (102)adjacent to the graphene sheet(104) such that the second pair of electrical contacts are in direct contact with the graphene sheet (104)via the continuous outer edge surface(fig. 8 [0095][0075]).
Regarding claim 3, Lara-Avila et al discloses further comprising: a continuous air-resistant coating layer (108)covering the substrate(102), the dielectric layer (106)and the graphene sheet(104), and the first and second pairs of electrical contacts(702,704,706,708) [0078][0089-0090][0095].
Regarding claim 4, Lara-Avila et al discloses wherein the continuous air-
resistant coating layer (108)comprises a fluoride [0090-0091].
Regarding claim 5, Lara-Avila et al discloses wherein the substrate (102)comprises silicon carbide[0089].
Regarding claim 7, Lara-Avila et al discloses wherein the graphene sheet has a sheet carrier density of at least 1.25 x 1012 cm-2 (based off of device 504 see fig. 5d)[0073].
Regarding claim 8, Lara-Avila et al discloses wherein the graphene sheet has a sheet carrier density of at least 3 x 1012cm-2 (based off of device 504 see fig. 5d)[0073].
Regarding claim 9, Lara-Avila et al discloses wherein the dielectric layer (106)has a thickness in a direction normal to the graphene sheet (104) of at least 10 nm[0024].
Regarding claim 11, Lara-Avila et al discloses A magnetic field measurement system comprising: a graphene Hall sensor according to claim 1; and a Hall measurement controller (the controller is inherent in the function )[0033] [0095]connected to the first and second pairs of electrical contacts(702,704,706,708)[0033], the Hall measurement controller(the controller is inherent in the function ) [0033] [0095]configured to perform a Hall-effect measurement
using the graphene Hall sensor[0033].
Regarding claim 12, Lara-Avila et al discloses A method of determining a magnetic field at cryogenic temperatures comprising: exposing a graphene Hall sensor according to claim 1 to a cryogenic environment having a temperature of no greater than about 120 K(fig. 5d[0076]; and performing a Hall-effect measurement using the graphene Hall sensor[0075].
Regarding claim 18, Lara-Avila et al discloses magnetic field having a magnitude of at least 1 T at a temperature of no greater than 120 K fig. 9[0097].
Regarding claim 19, Lara-Avila et al discloses the method comprising measuring a magnetic field having a magnitude of at least: 3 T, 5 T, 7 T, 9T, 11 T, 13 T, 16 T,19 T, or 22T at a temperature of no greater than 120 K[0097] (|B| >300 mT).
Regarding claim 20, Lara-Avila et al discloses the method comprising measuring a magnetic field having a magnitude of at least 30 T, or at least 40 T at a temperature of no greater than 120 K (|B| >300 mT)[0097].
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) 6 and is/are rejected under 35 U.S.C. 103 as being unpatentable over Lara-Avila (US Pub no. 2020/0328295 A1) in view of Wang (CN112038215)
Regarding claim 6, Lara-Avita et al discloses all the claim limitations of claim 1 but fails to teach wherein the dielectric layer comprises an inorganic oxide, nitride, carbide, fluoride or sulfide, preferably alumina or silica.
However, Wang et al discloses a spacer layer 30 comprising an isolation function comprising silica ( pp. 6 para 1). It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the invention of Lara-Avita et al with the teachings of Wang et al because the substitution of one known element for another would have yielded predictable results to one of ordinary skill in the art at the time of the invention (KSR International Co. v. Teleflex Inc., 82 USPQ2d 1385 (U.S. 2007)).)
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Elmquist (US Pub no. 2022/0146597 A1) in view of Lara-Avila (US Pub no. 2020/0328295 A1)
Regarding claim 10, Elmquist et al discloses A graphene Hall sensor array for operation at cryogenic temperatures comprising: a substrate(SiC wafer) [0070]; a graphene sheet (graphene) provided on the substrate(SiC wafer)[0072][0076], the graphene sheet (graphene)having a plurality of discontinuous graphene portions(quantum hall bar elements)[0078] (step 840), each discontinuous graphene portion(quantum hall bar elements) defining a graphene Hall sensor of the graphene Hall sensor array[0078][0070]; a protective layer provided on the graphene sheet, the dielectric layer having a plurality of discontinuous dielectric portions provided on the discontinuous graphene portions(step 830) [0077], wherein each discontinuous graphene portion quantum hall bar elements) of the graphene sheet and a corresponding discontinuous protective portion share a continuous outer edge surface[0077]; each graphene Hall sensor of the graphene Hall sensor array further comprising: a first pair of electrical contacts(310) in electrical contact with the discontinuous graphene portion and spaced apart along a first direction[0087]; and a second pair of electrical contacts(310) in electrical contact with the discontinuous graphene portion and spaced apart along a second direction fig. 3a[0087], wherein the first direction is perpendicular to the second direction, a path along the first direction between the first pair of electrical contacts crosses a path along the second direction between the second pair of electrical contacts( fig. 2a/fig. 3a)[0087],
but fails to teach that the protective layer is a dielectric layer ; and the graphene sheet has a sheet carrier density in the range of 2 X 10¹¹ cm⁻² to 1 X 10¹³ cm⁻² at a temperature of 4 K . In another embodiment, Elmquist et al teaches a dielectric layer (a-BN) undergoing the same processing step 830 as an alternative material[0106]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the protective layer [0077]of Elmquist et al with a dielectric material of a-BN)[0106] since the substitution of one known element for another yields predictable results to one of ordinary skill in the art. Id. at 301, 213 USPQ at 536.
However, Lara-Avila et al discloses 2D materials comprising a graphene sheet having a sheet carrier density in the range of 2 X 10¹¹ cm⁻² to 1 X 10¹³ cm⁻² at a temperature of 4 K(the as-grown carrier density of epitaxial graphene is 1x1013cm-2 at 4K[0076] fig. 5d. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Elmquist et al with the teachings of Lara-Avila et al to provide 2D material at cryogenic temperatures.
Claim(s) 13-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lara-Avila (US Pub no. 2020/0328295 A1) in view of Engel (US Pub no. 2017/0108362 A1).
Regarding claim 13, Lara -Avila et al discloses (fig. 8)A method of manufacturing a graphene Hall sensor[0093] comprising: forming a graphene sheet (104) on a substrate(102) [0056]; forming a first pair of electrical contacts(702/704) in electrical contact with the graphene sheet (104)and spaced apart along a first direction fig. 8 [0095]; and forming a second pair of electrical contacts (706/708)in electrical contact with the graphene sheet(104) and spaced apart along a second direction fig. 8 [0095], wherein the first direction is perpendicular to the second direction and wherein a path along the first direction between the first pair of electrical contacts (702/704)crosses a path along the second direction between the second pair of electrical contacts(706/708) fig. 8, the graphene sheet has a sheet carrier density a sheet carrier density of 2 x 1011 cm-2 to 1 x 1013 cm-2 at a temperature 4K (the as-grown carrier density of epitaxial graphene is 1x1013cm-2 at 4K[0076] fig. 5d-Examiner notes fig. 5a-5c depict a cross sectional portion of the hall bar and fig. 8 shows than plan view of the hall bar[0093] [0033][0037] ).
Lara -Avila et al discloses fabricating using conventional lithography[0094] but fails to teach patterning a plasma-resistant dielectric layer onto a portion of the
graphene sheet to form an intermediate having at least one covered region and at least one uncovered region of the graphene sheet; subjecting the intermediate to plasma-etching, whereby the at least one uncovered region of the graphene sheet is etched away to form an etched layer structure having one or more exposed edge surfaces.
However, Engel et al teaches a method of forming a graphene based magnetic hall effect sensor patterning a plasma-resistant dielectric layer (180)onto a portion of the graphene sheet (130) to form an intermediate having at least one covered region and at least one uncovered region of the graphene sheet(130) fig. 10a/10b [0050]; subjecting the intermediate to plasma-etching(180)[0051], whereby the at least one uncovered region of the graphene sheet(130) is etched away to form an etched layer structure having one or more exposed edge surfaces[0051] fig. 11b). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Lara -Avila et al with the teachings of Engel et al since the claim would have been obvious because a particular known technique was recognized as part of the ordinary capabilities of one skilled in the art. One of ordinary skill in the art would have been capable of applying the photolithography technique to produce a cross type pattern to a known device (method, or product) that was ready for improvement and the results would have been predictable to one of ordinary skill in the art. In re Nilssen, 851 F.2d 1401, 7 USPQ2d 1500 (Fed. Cir. 1988)
Regarding claim 14, Lara -Avila et al discloses wherein the first pair of electrical contacts(702/704 are formed on the substrate (102)adjacent to the graphene sheet (104)such that the first pair of electrical contacts(702/704) are in direct contact with the graphene sheet (104)via one or more of the exposed edge surfaces fig, 8; and the second pair of electrical contacts (706/708)are provided on the substrate (102)adjacent to the graphene sheet (104)such that the second pair of electrical contacts (706/708)are in direct contact with the graphene sheet (104)via one or more of the outer edge surfaces(fig. 8 [0095][0075]).
Regarding claim 15, Lara -Avila et al discloses the method further comprising forming a continuous air-resistant coating layer (108)over the etched layer structure and the first and second pairs of electrical contacts(702/704/706/708)[0078][0089-0090][0095].
Response to Arguments
Applicant's arguments filed 12/18/2025 have been fully considered but they are not persuasive. Applicant argues that The arrangements of Figs. 5a-5c and Figs. 7/8 are incompatible, such that Lara-Avila fails to anticipate the claimed graphene Hall sensor. In Figs. 5a and 5c, the graphene layer 104 is deposited first and the spacer layer 106 is deposited over the entire structure. In Fig. 5b, the graphene layer 104 is deposited first and the electrically insulating polymer 110 is deposited over the entire structure. In each case, none of Figs. 5a-5c are directed to a graphene Hall sensor
wherein a graphene sheet and a dielectric layer share a continuous outer edge surface, as required by claim 1. Figs. 7/8, in contrast, illustrate a continuous outer edge surface.
Examiner notes that Lara-Avila et al anticipates claim 1 [0075] discloses that fig. 5a-5c are hall bar device where a cross-section is shown. Fig. 8 shows the plan view of a Hall bar which may be used as an embodiment or realization of a quantum resistance standard[0093]. Para [0033] describes fig. 5a-5c being included in an embodiment of the second aspect of the invention. Lara-Avila et al further teaches that according to a third aspect of the invention, there is provided use of an electronic device according to any one of the embodiments of the second aspect, as a quantum resistance standard[0037]. Examiner notes that fig. 8 plan view represents the hall bar structure of fig 5a-5c. Therefore, the rejection is maintained.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LATANYA N CRAWFORD EASON whose telephone number is (571)270-3208. The examiner can normally be reached Monday-Friday 8:30 AM-4:30 PM.
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/LATANYA N CRAWFORD EASON/Primary Examiner, Art Unit 2813
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