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 § 102
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.
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 Rejections - 35 USC § 103
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.
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) 43-48 and 63 is/are rejected under 35 U.S.C. 102(a(1)) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over US20160207783A1
Please note: there is no upper limit of the claimed average length value.
Regarding claim 43, US20160207783A1 discloses that SiC materials are at least about 99.99999% (7-nines) or greater purity. These purity values are based upon the amount of SiC, as the case may be, verse all materials that are present or contained within a given sample of SiC product. See [0109 and [0117]]. When the SiC is at least about 99.99999% (7-nines) or greater purity, any impurity substance recited in claim 43 can not be over 100 ppb in weight. The impurities are selected from the group consisting of Al, Fe, B, P, Pt, Ca, Mg, Li, Na, Ni, V, Ti, Ce, Cr, S and As. See [0039].
Furthermore, when nitrogen is viewed as a contaminate, embodiments of polysilocarb derived SiC and SiOC can have less than about 1000 ppm, less than about 100 ppm, less than about 10 ppm, less than about 1 ppm and less than about 0.1 ppm nitrogen, and lower. See [0117].
US20160207783A1 discloses the high purity SiC in the form of volumetric structures, e.g., pucks, briquettes, bricks, blocks, tablets, pills, plates, discs, squares, balls, rods, random shapes, etc. These volumetric shapes have a wide range of sizes, generally from about 1/16 in3 to about 1 ft3, although larger and smaller volumes are contemplated. See [0145]. Pease note for a ball, the diameter is the length in general.
Furthermore, the friable SiC volumetric shapes can thus be easily and quickly broken down into much smaller particles of SiC, having the typical strength characteristics of SiC. The smaller particles can be less than about 10 mm in diameter and it being understood that smaller and larger sizes are contemplated. See [0147].
It is reasonable to expect or it is obvious that the small friable SiC volumetric shape (small balls) have an average length larger than 10 mm and less than the friable SiC volumetric balls ( sizes, generally from about 1/16 in3 to about 1 ft3) size since the friable SiC volumetric balls can be broken down into much smaller particles of SiC and smaller volumetric shapes is contemplated. Please note, the length is the diameter for a ball. If the diameter is over 2000 micron, the length of the ball is also larger than 2000 micron. Thus, the small balls has an average length of at least 10mm
Where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established. In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977).
In the alternative, the reference differs from Applicant's recitations of claims by not disclosing identical ranges. However, the reference discloses "overlapping" or “encompassing” ranges and overlapping or compassing ranges have been held to establish prima facie obviousness (MPEP 2144.05).
Regarding claim 44, US20160207783A1 discloses the formation of SiC that is at least about 99.99999% (7-nines) or greater purity. These purity values are based upon the amount of SiC verse all materials that are present or contained within a given sample of SiC product. See [0109 and [0117]]. US20160207783A1 discloses any impurity substance content recited in claim 43 since the total impurity level is less than 100ppb. US’783 discloses that polysilocarb derived high purity SiC, e.g., having a purity of at least about 99.9%, at least about 99.99%, at least about 99.999%, and least about 99.9999% and at least about 99.99999% or greater, can have many different polytypes. See [0144]. The impurities are selected from the group consisting of Al, Fe, B, P, Pt, Ca, Mg, Li, Na, Ni, V, Ti, Ce, Cr, S and As. See [0039]. Thus, the sum of the metals TI, V, AL and Ni is in the claimed rage
Regarding claim 45, the apparent density for the friable mass (e.g. a puck, pellet, disk or plate) can be less than about 3 g/cc, and less than about 2 g/cc. See [0146]. . In general, and typically, the apparent and actual density of the granular SiC that is obtained from crushing the friable mass are essentially identical. The apparent density for the friable mass (e.g. a puck, pellet, disk or plate) can be less than about 3 g/cc. See [0146]. It is known in the art that tap density is larger than apparent density. Thus, the prior art teaches the at least overlapping range. The reference differs from Applicant's recitations of claims by not disclosing identical ranges. However, the reference discloses "overlapping" ranges, and overlapping ranges have been held to establish prima facie obviousness (MPEP 2144.05).
Regarding claim 46, US’783 discloses a friable mass wherein the SiC4 configuration is selected from the group consisting of cube structures and tetrahedral structures; a friable mass wherein the SiC4 configuration is selected from the group consisting of hexagonal, rhombohedral, and trigonal structures; a friable mass wherein the SiC4 can be 3C—SiC. See [0037]. it is noted that claims are product-by-process claims. Eventhough product-by- process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process." In re Thorpe, 77F.2d 695, 698,227 USPQ 964,966 (Fed. Cir. 1985) (citations omitted).
Regarding claim 47, excess carbon may have little to no effect on the application or product, and thus, would not be considered an impurity. In other applications excess carbon may be beneficial, e.g., carbon can act as a sintering aid; excess carbon can be used to address and compensate for irregularities in vapor deposition apparatus and processes. See [0116]. It is theorized that excess or added carbon in the polysicocarb derived SiC material functions as a sintering aid. Polysilocarb derived SiC, having a purity of at least about 7-nines, having at about 0.05% to 0.5% excess carbon. See [0369].
It is noted that claims are product-by-process claims. Eventhough product-by- process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process." In re Thorpe, 77F.2d 695, 698,227 USPQ 964,966 (Fed. Cir. 1985) (citations omitted).
Regarding claim 48, US’783 discloses that in larger scale, and commercial operations, batch, continuous, and combinations of these may be used. See [0242]. Thus, it is reasonable to expect to produce 1 kg SIC material as claimed.
Regarding claim 63, although the prior art is silent about the length is “defined according to ISO1333222-2”, the examiner asserts that prior art meets this limitation, and the claim is directed toward a product and not a process for determining the particle length. The method to define the particle length is a process limitation. In addition, and assuming arguendo, burden is upon applicants to show that the reference length is not read on the claimed size when defined according to ISO 13322-2. The Examiner respectfully submit that regardless of how the particle length is being defined, in the end the particle length is still that particle length. Furthermore, it is noted that claim is a product-by-process claim. Eventhough product-by- process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process." In re Thorpe, 77F.2d 695, 698,227 USPQ 964,966 (Fed. Cir. 1985) (citations omitted).
Response to Arguments
Applicant's arguments filed 07/09/2026 have been fully considered but they are not persuasive.
Please note that there is no upper limit of the claimed average length.
A1: The applicant argues that US'783 reports only submicron average particle sizes.
The Examiner respectfully submits that US20160207783A1 discloses the high purity SiC in the form of volumetric structures, e.g., pucks, briquettes, bricks, blocks, tablets, pills, plates, discs, squares, balls, rods, random shapes, etc. These volumetric shapes have a wide range of sizes, generally from about 1/16 in3 to about 1 ft3, although larger and smaller volumes are contemplated. See [0145]. Pease note for a ball, the diameter is the length in general. Furthermore, the friable SiC volumetric shapes can thus be easily and quickly broken down into much smaller particles of SiC, having the typical strength characteristics of SiC. The smaller particles can be less than about 10 mm in diameter and it being understood that smaller and larger sizes are contemplated. See [0147]. It is reasonable to expect that the small friable SiC volumetric shape (small balls) have an average length larger than 10 mm and less than the friable SiC volumetric balls ( sizes, generally from about 1/16 in3 to about 1 ft3) size since the friable SiC volumetric balls can be broken down into much smaller particles of SiC and smaller volumetric shapes is contemplated. Please note, the length is the diameter for a ball. If the diameter is over 2000 micron, the length of the ball is also larger than 2000 micron. Thus, the small balls has an average length of at least 10 mm
A2: The applicant argues that US'783 reports average diameter, not average length.
The Examiner respectfully submits that US20160207783A1 discloses the high purity SiC in the form of volumetric structures, e.g., pucks, briquettes, bricks, blocks, tablets, pills, plates, discs, squares, balls, rods, random shapes, etc. These volumetric shapes have a wide range of sizes, generally from about 1/16 in3 to about 1 ft3, although larger and smaller volumes are contemplated. See [0145]. Pease note for a ball, the diameter is the length in general. Furthermore, the friable SiC volumetric shapes can thus be easily and quickly broken down into much smaller particles of SiC, having the typical strength characteristics of SiC. The smaller particles can be less than about 10 mm in diameter and it being understood that smaller and larger sizes are contemplated. See [0147]. It is reasonable to expect and it is obvious that the small friable SiC volumetric shape (small balls) have an average length larger than 10 mm and less than the friable SiC volumetric balls ( sizes, generally from about 1/16 in3 to about 1 ft3) size since the friable SiC volumetric balls can be broken down into much smaller particles of SiC and smaller volumetric shapes is contemplated. Please note, the length is the diameter for a ball. If the diameter is over 2000 micron, the length of the ball is also larger than 2000 micron. Thus, the small balls has an average length of at least 10 mm
Although the prior art is silent about the length is “defined according to ISO1333222-2”, the examiner asserts that prior art meets this limitation, and the claim is directed toward a product and not a process for determining the particle length. The method to define the particle length is a process limitation. In addition, and assuming arguendo, burden is upon applicants to show that the reference length is not read on the claimed size when defined according to ISO 13322-2. The Examiner respectfully submit that regardless of how the particle length is being defined, in the end the particle length is still that particle length. Furthermore, it is noted that claim is a product-by-process claim. Eventhough product-by- process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process." In re Thorpe, 77F.2d 695, 698,227 USPQ 964,966 (Fed. Cir. 1985) (citations omitted).
A3. The applicant argues that an upper limit on the size of an individual particle is not a disclosure of an average value.
The Examiner respectfully submits that US20160207783A1 discloses the high purity SiC in the form of volumetric structures, e.g., pucks, briquettes, bricks, blocks, tablets, pills, plates, discs, squares, balls, rods, random shapes, etc. These volumetric shapes have a wide range of sizes, generally from about 1/16 in3 to about 1 ft3, although larger and smaller volumes are contemplated. See [0145]. Pease note for a ball, the diameter is the length in general. Furthermore, the friable SiC volumetric shapes can thus be easily and quickly broken down into much smaller particles of SiC, having the typical strength characteristics of SiC. The smaller particles can be less than about 10 mm in diameter and it being understood that smaller and larger sizes are contemplated. See [0147]. It is reasonable to expect that the small friable SiC volumetric shape (small balls) have an average length larger than 10 mm and less than the friable SiC volumetric balls ( sizes, generally from about 1/16 in3 to about 1 ft3) size since the friable SiC volumetric balls can be broken down into much smaller particles of SiC and smaller volumetric shapes is contemplated. Please note, the length is the diameter for a ball. If the diameter is over 2000 micron, the length of the ball is also larger than 2000 micron. Thus, the small balls has an average length of at least 10 mm
A4. The applicant argues an average length greater than 2000 um necessarily requires particles above 2000 um, which US'783 does not disclose.
The Examiner respectfully submits that US20160207783A1 discloses the high purity SiC in the form of volumetric structures, e.g., pucks, briquettes, bricks, blocks, tablets, pills, plates, discs, squares, balls, rods, random shapes, etc. These volumetric shapes have a wide range of sizes, generally from about 1/16 in3 to about 1 ft3, although larger and smaller volumes are contemplated. See [0145]. Pease note for a ball, the diameter is the length in general. Furthermore, the friable SiC volumetric shapes can thus be easily and quickly broken down into much smaller particles of SiC, having the typical strength characteristics of SiC. The smaller particles can be less than about 10 mm in diameter and it being understood that smaller and larger sizes are contemplated. See [0147]. It is reasonable to expect that the small friable SiC volumetric shape (small balls) have an average length larger than 10 mm and less than the friable SiC volumetric balls ( sizes, generally from about 1/16 in3 to about 1 ft3) size since the friable SiC volumetric balls can be broken down into much smaller particles of SiC and smaller volumetric shapes is contemplated. Please note, the length is the diameter for a ball. If the diameter is over 2000 micron, the length of the ball is also larger than 2000 micron. Thus, the small balls has an average length of at least 10 mm
A5. The applicant argues that [0384]-[0385] structures are diameter-range precursors that are thereafter milled to less than 1 micrometer and the [0384] structures are not coarse SiC source material at all.
The Examiner respectfully submits that [0384]-[0385] is not cited in the office action. Furthermore, a reference is not limited to the teaching in its preferred embodiment (A reference is good not only for what it teaches but also for what one of ordinary skill might reasonably infer from the teachings. In re Opprecht 12 USPQ 2d 1235, 1236 (CAFC 1989); In re Bode USPQ 12; In re Lamberti 192 USPQ 278; In re Bozek 163 USPQ 545, 549 (CCPA 1969); In re Van Mater 144 USPQ 421; In re Jacoby 135 USPQ 317; In re LeGrice 133 USPQ 365; In re Preda 159 USPQ 342 (CCPA 1968). In addition, "A reference can be used for all it realistically teaches and is not limited to the disclosure in its preferred embodiments" See In re Van Marter, 144 USPQ 421).
A6. The applicant argues that the individual "2 mm" green beads of [0389] and [0393] likewise do not disclose the claimed average.
The Examiner respectfully submits that [0389] and [0393] is not cited in the office action. Furthermore, a reference is not limited to the teaching in its preferred embodiment (A reference is good not only for what it teaches but also for what one of ordinary skill might reasonably infer from the teachings. In re Opprecht 12 USPQ 2d 1235, 1236 (CAFC 1989); In re Bode USPQ 12; In re Lamberti 192 USPQ 278; In re Bozek 163 USPQ 545, 549 (CCPA 1969); In re Van Mater 144 USPQ 421; In re Jacoby 135 USPQ 317; In re LeGrice 133 USPQ 365; In re Preda 159 USPQ 342 (CCPA 1968). In addition, "A reference can be used for all it realistically teaches and is not limited to the disclosure in its preferred embodiments" See In re Van Marter, 144 USPQ 421).
A7: The applicant argues that inherency requires inevitability, not mere possibility.
US20160207783A1 discloses that SiC materials is at least about 99.99999% (7-nines) or greater purity. These purity values are based upon the amount of SiC, as the case may be, verse all materials that are present or contained within a given sample of SiC product. See [0109 and [0117]]. When the SiC is at least about 99.99999% (7-nines) or greater purity, any impurity substance recited in claim 43 can not be over 100 ppb in weight. The impurities are selected from the group consisting of Al, Fe, B, P, Pt, Ca, Mg, Li, Na, Ni, V, Ti, Ce, Cr, S and As. See [0039].
Furthermore, when nitrogen is viewed as a contaminate, embodiments of polysilocarb derived SiC and SiOC can have less than about 1000 ppm, less than about 100 ppm, less than about 10 ppm, less than about 1 ppm and less than about 0.1 ppm nitrogen, and lower. See [0117].
US20160207783A1 discloses the high purity SiC in the form of volumetric structures, e.g., pucks, briquettes, bricks, blocks, tablets, pills, plates, discs, squares, balls, rods, random shapes, etc. These volumetric shapes have a wide range of sizes, generally from about 1/16 in3 to about 1 ft3, although larger and smaller volumes are contemplated. See [0145]. Pease note for a ball, the diameter is the length in general.
Furthermore, the friable SiC volumetric shapes can thus be easily and quickly broken down into much smaller particles of SiC, having the typical strength characteristics of SiC. The smaller particles can be less than about 10 mm in diameter and it being understood that smaller and larger sizes are contemplated. See [0147].
It is reasonable to expect that the small friable SiC volumetric shape (small balls) have an average length larger than 10 mm and less than the friable SiC volumetric balls ( sizes, generally from about 1/16 in3 to about 1 ft3) size since the friable SiC volumetric balls can be broken down into much smaller particles of SiC and smaller volumetric shapes is contemplated. Please note, the length is the diameter for a ball. If the diameter is over 2000 micron, the length of the ball is also larger than 2000 micron. Thus, the small balls has an average length of at least 10mm
A8. The applicant argues that no single embodiment combines all of the claimed features.
The Examiner respectfully submits that a reference is not limited to the teaching in its preferred embodiment (A reference is good not only for what it teaches but also for what one of ordinary skill might reasonably infer from the teachings. In re Opprecht 12 USPQ 2d 1235, 1236 (CAFC 1989); In re Bode USPQ 12; In re Lamberti 192 USPQ 278; In re Bozek 163 USPQ 545, 549 (CCPA 1969); In re Van Mater 144 USPQ 421; In re Jacoby 135 USPQ 317; In re LeGrice 133 USPQ 365; In re Preda 159 USPQ 342 (CCPA 1968). In addition, "A reference can be used for all it realistically teaches and is not limited to the disclosure in its preferred embodiments" See In re Van Marter, 144 USPQ 421). The object of the prior art is to produce Silicon Carbide (SiC) materials having 3-nines, 4-nines, 6-nines and greater purity. Silicon Carbide (SiC) materials include The Examiner respectfully submits US20160207783A1 discloses that the high purity SiC in the form of volumetric structures and much smaller particles of SiC.
A9. The applicant argues that the Office Action acknowledges the absence of identical ranges.
The Examiner respectfully submits that claim(s) 43-48 and 63 is/are rejected under 35 U.S.C. 102(a(1)) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over US20160207783A1.
A10, The applicant argues that US'783 does not disclose, expressly or inherently, a single embodiment having SiC particles with an average length greater than 2000 µm together with the claimed purity values.
, US20160207783A1 discloses that SiC materials is at least about 99.99999% (7-nines) or greater purity. These purity values are based upon the amount of SiC, as the case may be, verse all materials that are present or contained within a given sample of SiC product. See [0109 and [0117]]. When the SiC is at least about 99.99999% (7-nines) or greater purity, any impurity substance recited in claim 43 can not be over 100 ppb in weight. The impurities are selected from the group consisting of Al, Fe, B, P, Pt, Ca, Mg, Li, Na, Ni, V, Ti, Ce, Cr, S and As. See [0039].
Furthermore, when nitrogen is viewed as a contaminate, embodiments of polysilocarb derived SiC and SiOC can have less than about 1000 ppm, less than about 100 ppm, less than about 10 ppm, less than about 1 ppm and less than about 0.1 ppm nitrogen, and lower. See [0117].
US20160207783A1 discloses the high purity SiC in the form of volumetric structures, e.g., pucks, briquettes, bricks, blocks, tablets, pills, plates, discs, squares, balls, rods, random shapes, etc. These volumetric shapes have a wide range of sizes, generally from about 1/16 in3 to about 1 ft3, although larger and smaller volumes are contemplated. See [0145]. Pease note for a ball, the diameter is the length in general.
Furthermore, the friable SiC volumetric shapes can thus be easily and quickly broken down into much smaller particles of SiC, having the typical strength characteristics of SiC. The smaller particles can be less than about 10 mm in diameter and it being understood that smaller and larger sizes are contemplated. See [0147].
It is reasonable to expect that the small friable SiC volumetric shape (small balls) have an average length larger than 10 mm and less than the friable SiC volumetric balls ( sizes, generally from about 1/16 in3 to about 1 ft3) size since the friable SiC volumetric balls can be broken down into much smaller particles of SiC and smaller volumetric shapes is contemplated. Please note, the length is the diameter for a ball. If the diameter is over 2000 micron, the length of the ball is also larger than 2000 micron. Thus, the small balls has an average length of at least 10mm
B1: The applicant argues that The Office Action identifies no reason to select and maintain an average length greater than 2000 µm.
The Examiner respectfully submits that US20160207783A1 discloses the high purity SiC in the form of volumetric structures, e.g., pucks, briquettes, bricks, blocks, tablets, pills, plates, discs, squares, balls, rods, random shapes, etc. These volumetric shapes have a wide range of sizes, generally from about 1/16 in3 to about 1 ft3, although larger and smaller volumes are contemplated. See [0145]. Pease note for a ball, the diameter is the length in general. Furthermore, the friable SiC volumetric shapes can thus be easily and quickly broken down into much smaller particles of SiC, having the typical strength characteristics of SiC. The smaller particles can be less than about 10 mm in diameter and it being understood that smaller and larger sizes are contemplated. See [0147]. It is obvious that the small friable SiC volumetric shape (small balls) have an average length larger than 10 mm and less than the friable SiC volumetric balls ( sizes, generally from about 1/16 in3 to about 1 ft3) size since the friable SiC volumetric balls can be broken down into much smaller particles of SiC and smaller volumetric shapes is contemplated. Please note, the length 1 s the diameter for a ball. If the diameter is over 2000 micron, the length of the ball is also larger than 2000 micron. Thus, the small balls has an average length of at least 10 mm
In response to applicant's argument that the examiner's conclusion of obviousness is based upon improper hindsight reasoning, it must be recognized that any judgment on obviousness is in a sense necessarily a reconstruction based upon hindsight reasoning. But so long as it takes into account only knowledge which was within the level of ordinary skill at the time the claimed invention was made, and does not include knowledge gleaned only from the applicant's disclosure, such a reconstruction is proper. See In re McLaughlin, 443 F.2d 1392, 170 USPQ 209 (CCPA 1971).
B2: US'783 consistently teaches small particles and provides no direction toward coarse particles. The entire disclosure of US'783 is directed to small and very small particles.
The Examiner respectfully submits that US20160207783A1 discloses the high purity SiC in the form of volumetric structures, e.g., pucks, briquettes, bricks, blocks, tablets, pills, plates, discs, squares, balls, rods, random shapes, etc. These volumetric shapes have a wide range of sizes, generally from about 1/16 in3 to about 1 ft3, although larger and smaller volumes are contemplated. See [0145]. Furthermore, the friable SiC volumetric shapes can thus be easily and quickly broken down into much smaller particles of SiC, having the typical strength characteristics of SiC. The smaller particles can be less than about 10 mm in diameter and it being understood that smaller and larger sizes are contemplated. See [0147].
B3. US'783 and the present invention pursue opposite technical aims: fine particles for sintering versus coarse particles for physical vapor transport. US'783, which consistently directs the skilled artisan toward fine and submicron particles for sintering and pressing, points in the opposite direction. A skilled artisan reading US'783 would have had no reason to abandon the fine particles it favors in order to provide and maintain the coarse, ultra- high-purity source material of claim 43.
The Examiner respectfully submits that In response to applicant's argument that, a recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim.
The Examiner respectfully submits that The Examiner respectfully submits that US20160207783A1 discloses the high purity SiC in the form of volumetric structures, e.g., pucks, briquettes, bricks, blocks, tablets, pills, plates, discs, squares, balls, rods, random shapes, etc. These volumetric shapes have a wide range of sizes, generally from about 1/16 in3 to about 1 ft3, although larger and smaller volumes are contemplated. See [0145]. Furthermore, the friable SiC volumetric shapes can thus be easily and quickly broken down into much smaller particles of SiC, having the typical strength characteristics of SiC. The smaller particles can be less than about 10 mm in diameter and it being understood that smaller and larger sizes are contemplated. See [0147].
B4. The applicant argues that the difference is one of several orders of magnitude, not routine optimization
The Examiner respectfully submits that US20160207783A1 discloses the high purity SiC in the form of volumetric structures, e.g., pucks, briquettes, bricks, blocks, tablets, pills, plates, discs, squares, balls, rods, random shapes, etc. These volumetric shapes have a wide range of sizes, generally from about 1/16 in3 to about 1 ft3, although larger and smaller volumes are contemplated. See [0145]. Furthermore, the friable SiC volumetric shapes can thus be easily and quickly broken down into much smaller particles of SiC, having the typical strength characteristics of SiC. The smaller particles can be less than about 10 mm in diameter and it being understood that smaller and larger sizes are contemplated. See [0147].
B5. US'783 discloses no range of average particle sizes that includes a value above 2000 um The Office Action relies on the proposition that an "overlapping" or "encompassing" range establishes a prima facie case. That rationale presupposes a disclosed range of the relevant property that overlaps or encompasses the claimed range. US'783 discloses no such range of average particle sizes.
US20160207783A1 discloses the high purity SiC in the form of volumetric structures, e.g., pucks, briquettes, bricks, blocks, tablets, pills, plates, discs, squares, balls, rods, random shapes, etc. These volumetric shapes have a wide range of sizes, generally from about 1/16 in3 to about 1 ft3, although larger and smaller volumes are contemplated. See [0145]. Pease note for a ball, the diameter is the length in general.
Furthermore, the friable SiC volumetric shapes can thus be easily and quickly broken down into much smaller particles of SiC, having the typical strength characteristics of SiC. The smaller particles can be less than about 10 mm in diameter and it being understood that smaller and larger sizes are contemplated. See [0147].
It is obvious that the small friable SiC volumetric shape (small balls) have an average length larger than 10 mm and less than the friable SiC volumetric balls (sizes, generally from about 1/16 in3 to about 1 ft3) size since the friable SiC volumetric balls can be broken down into much smaller particles of SiC and smaller volumetric shapes is contemplated. Please note, the length is the diameter for a ball. If the diameter is over 2000 micron, the length of the ball is also larger than 2000 micron. Thus, the small balls has an average length of at least 10mm
B6. 6. The disclosed purity does not bridge the gap; the inventive contribution is the combination of coarse particle size with ultra-high purity
US20160207783A1 discloses that SiC materials is at least about 99.99999% (7-nines) or greater purity. These purity values are based upon the amount of SiC, as the case may be, verse all materials that are present or contained within a given sample of SiC product. See [0109 and [0117]]. When the SiC is at least about 99.99999% (7-nines) or greater purity, any impurity substance recited in claim 43 can not be over 100 ppb in weight. The impurities are selected from the group consisting of Al, Fe, B, P, Pt, Ca, Mg, Li, Na, Ni, V, Ti, Ce, Cr, S and As. See [0039].
Furthermore, when nitrogen is viewed as a contaminate, embodiments of polysilocarb derived SiC and SiOC can have less than about 1000 ppm, less than about 100 ppm, less than about 10 ppm, less than about 1 ppm and less than about 0.1 ppm nitrogen, and lower. See [0117].
US20160207783A1 discloses the high purity SiC in the form of volumetric structures, e.g., pucks, briquettes, bricks, blocks, tablets, pills, plates, discs, squares, balls, rods, random shapes, etc. These volumetric shapes have a wide range of sizes, generally from about 1/16 in3 to about 1 ft3, although larger and smaller volumes are contemplated. See [0145]. Pease note for a ball, the diameter is the length in general.
Furthermore, the friable SiC volumetric shapes can thus be easily and quickly broken down into much smaller particles of SiC, having the typical strength characteristics of SiC. The smaller particles can be less than about 10 mm in diameter and it being understood that smaller and larger sizes are contemplated. See [0147].
It is obvious that the small friable SiC volumetric shape (small balls) have an average length larger than 10 mm and less than the friable SiC volumetric balls (sizes, generally from about 1/16 in3 to about 1 ft3) size since the friable SiC volumetric balls can be broken down into much smaller particles of SiC and smaller volumetric shapes is contemplated. Please note, the length is the diameter for a ball. If the diameter is over 2000 micron, the length of the ball is also larger than 2000 micron. Thus, the small balls has an average length of at least 10mm
Where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established. In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977).
The reference differs from Applicant's recitations of claims by not disclosing identical ranges. However, the reference discloses "overlapping" or “encompassing” ranges and overlapping or compassing ranges have been held to establish prima facie obviousness (MPEP 2144.05).
B7. The applicant argues that US'783 favors the monolithic friable disc over coarse granules.
US20160207783A1 discloses that SiC materials is at least about 99.99999% (7-nines) or greater purity. These purity values are based upon the amount of SiC verse all materials that are present or contained within a given sample of SiC product. See [0109 and [0117]]. When the SiC is at least about 99.99999% (7-nines) or greater purity, any impurity substance recited in claim 43 can not be over 100 ppb in weight. The impurities are selected from the group consisting of Al, Fe, B, P, Pt, Ca, Mg, Li, Na, Ni, V, Ti, Ce, Cr, S and As. See [0039].
Furthermore, when nitrogen is viewed as a contaminate, embodiments of polysilocarb derived SiC can have less than about 1000 ppm, less than about 100 ppm, less than about 10 ppm, less than about 1 ppm and less than about 0.1 ppm nitrogen, and lower. See [0117].
US20160207783A1 discloses the high purity SiC in the form of volumetric structures, e.g., pucks, briquettes, bricks, blocks, tablets, pills, plates, discs, squares, balls, rods, random shapes, etc. These volumetric shapes have a wide range of sizes, generally from about 1/16 in3 to about 1 ft3, although larger and smaller volumes are contemplated. See [0145]. Pease note for a ball, the diameter is the length in general.
Furthermore, the friable SiC volumetric shapes can thus be easily and quickly broken down into much smaller particles of SiC, having the typical strength characteristics of SiC. The smaller particles can be less than about 10 mm in diameter and it being understood that smaller and larger sizes are contemplated. See [0147].
It is obvious that the small friable SiC volumetric shape (small balls) have an average length larger than 10 mm and less than the friable SiC volumetric balls ( sizes, generally from about 1/16 in3 to about 1 ft3) size since the friable SiC volumetric balls can be broken down into much smaller particles of SiC and smaller volumetric shapes is contemplated. Please note, the length is the diameter for a ball. If the diameter is over 2000 micron, the length of the ball is also larger than 2000 micron. Thus, the small balls has an average length of at least 10mm
Where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established. In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977).
Ther reference differs from Applicant's recitations of claims by not disclosing identical ranges. However, the reference discloses "overlapping" or “encompassing” ranges and overlapping or compassing ranges have been held to establish prima facie obviousness (MPEP 2144.05).
B7: The applicant’s conclusion
Please see above responses.
C: The applicant argues that the prior art fails to teach an average particle length,- an average particle length greater than 2000 pm; any reason to select or maintain such a population; and any embodiment exhibiting such a population together with the claimed impurity profile. Nitrogen, and lower. See [0117].
US20160207783A1 discloses that SiC materials is at least about 99.99999% (7-nines) or greater purity. These purity values are based upon the amount of SiC, as the case may be, verse all materials that are present or contained within a given sample of SiC product. See [0109 and [0117]]. When the SiC is at least about 99.99999% (7-nines) or greater purity, any impurity substance recited in claim 43 can not be over 100 ppb in weight. The impurities are selected from the group consisting of Al, Fe, B, P, Pt, Ca, Mg, Li, Na, Ni, V, Ti, Ce, Cr, S and As. See [0039].
Furthermore, when nitrogen is viewed as a contaminate, embodiments of polysilocarb derived SiC can have less than about 1000 ppm, less than about 100 ppm, less than about 10 ppm, less than about 1 ppm and less than about 0.1 ppm nitrogen, and lower. See [0117].
US20160207783A1 discloses the high purity SiC in the form of volumetric structures, e.g., pucks, briquettes, bricks, blocks, tablets, pills, plates, discs, squares, balls, rods, random shapes, etc. These volumetric shapes have a wide range of sizes, generally from about 1/16 in3 to about 1 ft3, although larger and smaller volumes are contemplated. See [0145]. Pease note for a ball, the diameter is the length in general.
Furthermore, the friable SiC volumetric shapes can thus be easily and quickly broken down into much smaller particles of SiC, having the typical strength characteristics of SiC. The smaller particles can be less than about 10 mm in diameter and it being understood that smaller and larger sizes are contemplated. See [0147].
The small friable SiC volumetric shape (small balls) have an average length larger than 10 mm and less than the friable SiC volumetric balls (sizes, generally from about 1/16 in3 to about 1 ft3) size since the friable SiC volumetric balls can be broken down into much smaller particles of SiC and smaller volumetric shapes is contemplated. Please note, the length is the diameter for a ball. If the diameter is over 2000 micron, the length of the ball is also larger than 2000 micron. Thus, the small balls has an average length of at least 10mm
Where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established. In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977).
The reference differs from Applicant's recitations of claims by not disclosing identical ranges. However, the reference discloses "overlapping" or “encompassing” ranges and overlapping or compassing ranges have been held to establish prima facie obviousness (MPEP 2144.05).
Furthermore, a reference is not limited to the teaching in its preferred embodiment (A reference is good not only for what it teaches but also for what one of ordinary skill might reasonably infer from the teachings. In re Opprecht 12 USPQ 2d 1235, 1236 (CAFC 1989); In re Bode USPQ 12; In re Lamberti 192 USPQ 278; In re Bozek 163 USPQ 545, 549 (CCPA 1969); In re Van Mater 144 USPQ 421; In re Jacoby 135 USPQ 317; In re LeGrice 133 USPQ 365; In re Preda 159 USPQ 342 (CCPA 1968). In addition, "A reference can be used for all it realistically teaches and is not limited to the disclosure in its preferred embodiments" See In re Van Marter, 144 USPQ 421).
D: The applicant argues that product-by-Process Treatment Does Not Control Claim 43. The applicant argues that a product having an average particle length of more than 2000 µm is neither identical nor substantially identical to anything disclosed in US'783.
The Examiner respectfully submits that the high purity SiC is in the form of volumetric structures, e.g., pucks, briquettes, bricks, blocks, tablets, pills, plates, discs, squares, balls, rods, random shapes, etc. These volumetric shapes have a wide range of sizes, generally from about 1/16 in3 to about 1 ft3, although larger and smaller volumes are contemplated. See [0145]. Pease note for a ball, the diameter is the length in general. Furthermore, the friable SiC volumetric shapes can thus be easily and quickly broken down into much smaller particles of SiC, having the typical strength characteristics of SiC. The smaller particles can be less than about 10 mm in diameter and it being understood that smaller and larger sizes are contemplated. See [0147].
The small friable SiC volumetric shape (small balls) have an average length larger than 10 mm and less than the friable SiC volumetric balls ( sizes, generally from about 1/16 in3 to about 1 ft3) size since the friable SiC volumetric balls can be broken down into much smaller particles of SiC and smaller volumetric shapes is contemplated. Please note, the length is the diameter for a ball. If the diameter is over 2000 micron, the length of the ball is also larger than 2000 micron. Thus, the small balls have an average length of at least 10mm
Where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established. In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977).
Furthermore, the reference differs from Applicant's recitations of claims by not disclosing identical ranges. However, the reference discloses "overlapping" or “encompassing” ranges and overlapping or compassing ranges have been held to establish prima facie obviousness (MPEP 2144.05).
E. Support for the Claimed Limitations
The Examiner acknowledges the Amendment.
F. The applicant’s Summary
Please see above responses.
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 SHUANGYI ABU ALI whose telephone number is (571)272-6453. The examiner can normally be reached Monday - Friday, 8:00 am- 5:00 pm.
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/SHUANGYI ABU ALI/Primary Examiner, Art Unit 1731
