DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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.
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) 1-3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nishiguchi (US 2012/0156122) in view of Sasaki et al (US 2017/0314161).
Regarding claim 1:
Nishiguchi teaches an SiC single-crystal growth apparatus (production device, 100) [fig 2 & 0031] comprising: a heating vessel (101) including a material containing portion (interior of 101) having a cylindrical peripheral side portion (side of 101) and adapted to contain solid source material of SiC (raw material 17 containing SiC) in a portion of an interior space defined by the peripheral side portion (portion of 101 housing 17) [fig 2 & 0031-0033], and a seed-crystal mounting portion (portion of 101 housing 11) located in a portion of the interior space of the material containing portion (interior of 101) that does not contain the solid source material (portion of 101 housing 17), the seed-crystal mounting portion (portion of 101 housing 11) adapted to allow a seed crystal of SiC (seed crystal 11) to be placed thereon [fig 2 & 0031-0033]; and a heating member (heater, 125) adapted to heat the heating vessel (101) [fig 2 & 0036].
Nishiguchi does not specifically disclose the heating member including at least a first heating sub-member having a first heating surface positioned outside of the heating vessel to face a major surface portion of the material containing portion in such a positional relationship as to cover an entire outer surface of the major surface portion, the major surface portion located opposite to the seed-crystal mounting portion, the apparatus satisfying the relationship B/A≥2, where A is a sectional area of the interior space and B is an area of the first heating surface.
Sasaki teaches a heating member (1/2) including at least a first heating sub-member (first resistive heater, 1) having a first heating surface (upper surface, 1a) positioned outside of the heating vessel (5) to face a major surface portion (bottom surface, 5b2) of the material containing portion (interior of 5) in such a positional relationship as to cover an entire outer surface of the major surface portion (more preferably greater than a width of bottom surface 5b2), the major surface portion (bottom surface, 5b2) located opposite to the seed-crystal mounting portion (portion of 5 housing 11), the apparatus satisfying the relationship B/A≥2, where A is a sectional area of the interior space and B is an area of the first heating surface (width W1 is preferably greater than a width W2 of the interior of 5) [fig 1 & 0037].
In a case where the claimed ranges overlap or lie inside ranges disclosed by the prior art a prima facie case of obviousness exists. See In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1946), and MPEP 2144.05.
It would have been obvious to one skilled in the art before the effective filing date to modify the heating member of Nishiguchi to include a first heating member with a sectional area greater than a sectional area of the interior space, as in Sasaki, to improve the uniformity of the temperature of the source material in a horizontal direction [Sasaki– 0037].
Regarding claims 2-3:
Nishiguchi teaches the heating member (125) further includes a second heating sub-member (125) having a second heating surface (interior surface of 125) positioned outside of the heating vessel (101) to face the peripheral side portion of the material containing portion in such a positional relationship as to cover an entire outer surface of the peripheral side portion (see fig 2 and 4) [fig 2, 4 & 0036].
The claim limitations “C is larger than D, where C is heating energy of the first heating sub-member and D is heating energy of the second heating sub-member” and “wherein the heating energy C of the first heating sub-member and the heating energy D of the second heating sub-member satisfy the relationship C/D≥1.20” are merely intended use and are given weight to the extent that the prior art is capable of performing the intended use. A claim containing a “recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus” if the prior art apparatus teaches all the structural limitations of the claim. Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987).
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nishiguchi (US 2012/0156122) in view of Sasaki et al (US 2017/0314161) as applied to claims 1-3 above, and further in view of Tanizaki (JP 2010-037189A).
The limitations of claims 1-3 have been set forth above.
Regarding claim 4:
Modified Nishiguchi teaches the heating vessel (101) includes a crucible (crucible) [Nishiguchi - fig 2 & 0032], the SiC single-crystal growth apparatus (100) further comprising: a chamber (123) adapted to contain the crucible (crucible) and the heating member (125) [fig 2 & 0032, 0036], wherein the crucible (crucible) includes a clearance (101c) [fig 3 & 0045].
Modified Nishiguchi does not specifically disclose a plurality of crucibles, the chamber adapted to contain the plurality of crucibles.
Tanizaki teaches a plurality of crucibles (plurality of crucibles, 115), a chamber (chamber, 101) adapted to contain the plurality of crucibles (115) [fig 1-4 & 0032].
It would have been obvious to one skilled in the art before the effective filing date to modify the chamber of modified Nishiguchi to contain a plurality of crucibles, as in Tanizaki, to improve throughput [Tanizaki – 0056].
The claim limitations “for releasing, from the associated material containing portion to inside the chamber, a portion of solid-source-material-derived gaseous material produced by sublimating the solid source material contained in the material containing portion” are merely intended use and are given weight to the extent that the prior art is capable of performing the intended use. A claim containing a “recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus” if the prior art apparatus teaches all the structural limitations of the claim. Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987).
Claim(s) 5-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nishiguchi (US 2012/0156122) in view of Sasaki et al (US 2017/0314161) as applied to claims 1-3 above, and further in view of Metter et al (US 5,683,281).
The limitations of claims 1-3 have been set forth above.
Regarding claims 5-6:
Modified Nishiguchi does not specifically disclose the first heating surface of the heating member is formed from an anisotropic material anisotropic in at least thermal conductivity; and wherein the anisotropic material is a carbon material containing carbon fiber.
Metter teaches a first heating surface (19) of the heating member (12/19) is formed from an anisotropic material anisotropic in at least thermal conductivity (carbon fiber reinforced carbon matrix) [fig 1 & col 8, lines 20-27 and 57-63]; and wherein the anisotropic material is a carbon material containing carbon fiber (carbon fiber reinforced carbon matrix) [fig 1 & col 8, lines 20-27 and 57-63].
It would have been obvious to one skilled in the art before the effective filing date to modify the first heating surface of the heating member of modified Nishiguchi to comprise the material of Metter, to help maintain the crucible at optimum temperature while being resistant to thermal shock and heat/cool cycles thereby offering an improvement over conventional graphite [Metter – col 9, lines 1-10 and 17-20].
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nishiguchi (US 2012/0156122) in view of Sasaki et al (US 2017/0314161) as applied to claims 1-3 above, and further in view of Metter et al (US 5,683,281) and Xu et al (US 2017/0321345).
The limitations of claims 1-3 have been set forth above.
Regarding claim 7:
Modified Nishiguchi does not specifically teach the heating member includes a heat source for the first heating surface, the heating source located on a side of the first heating sub-member opposite to the first heating surface; and the heating source is formed by a resistance heating device.
Metter teaches a heating member (12/19) includes a heat source (12) for the first heating surface (19), the heating source (19) located on a side of the first heating sub-member (backside) opposite to the first heating surface (19) [fig 1 & col 8-9, lines 64-10]; and the heating source (12) is formed by a resistance heating device (heating elements) [fig 1 & col 8-9, lines 64-10].
It would have been obvious to one skilled in the art before the effective filing date to modify the first heating surface of the heating member of modified Nishiguchi with the structure of Metter, to help maintain the crucible at optimum temperature [Metter – col 8-9, lines 64-10].
Modified Nishiguchi modified by Metter does not specifically disclose the resistance heating device including a power-feed mechanism with three-phase alternating current.
Xu teaches a resistance heating device (resistive heaters) including a power-feed mechanism with three-phase alternating current (connection to three-phase electrical power) [fig 3A-3B & 0023].
It would have been obvious to one skilled in the art before the effective filing date to modify the resistance heating device of modified Nishiguchi to include a power-feed mechanism with three-phase alternating current, as in Xu, because such is a suitable pattern for a resistance heater effective to heat a crucible [Xu – 0036].
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Harada et al (US 2016/0122902) and Hori et al (US 2016/0122903) teach an area of the first heating surface is greater than a sectional area of the interior space [fig 1 of each].
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BENJAMIN R KENDALL whose telephone number is (571)272-5081. The examiner can normally be reached Mon - Thurs 9-5 EST.
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, William F Kraig can be reached at (571)272-8660. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/Benjamin Kendall/Primary Examiner, Art Unit 2896