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 .
DETAILED ACTION
Response to Election/Restrictions
1. Applicant’s election without traverse of Group I, claims 44-53 in the reply filed on 11/26/2025 is acknowledged.
2. Claims 54-65 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention(s), there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 11/26/2025.
Status of Application
3. This application is a 371 of PCT/EP2021/085493, which was filed on 12/13/2021.
Claims 44-65 were originally presented in this application for examination.
Claims 44-65 are currently pending in this application.
Specification
4. The examiner has not checked the specification to the extent necessary to determine the presence of all possible minor errors (grammatical, typographical, and idiomatic). Cooperation of the applicant(s) is requested in correcting any errors of which applicant(s) may become aware of in the specification, in the claims and in any further amendment(s) that applicant(s) may file.
Applicant(s) is also requested to complete the status of the copending applications referred to in the specification by their Attorney Docket Number or Application Serial Number, if any.
The status of the parent application(s) and/or any other application(s) cross-referenced to this application, if any, should be updated in a timely manner.
5. The disclosure is objected to because of the following informalities:
A. The specification does not follow the format and guidelines as set out in 37 CFR 1.77(b).
B. The specification mentions claims 1-43, however these claims have been canceled in the claim section. The specification needs to be updated.
Appropriate correction is required. See below.
The following guidelines illustrate the preferred layout for the specification of a utility application. These guidelines are suggested for the applicant’s use.
Arrangement of the Specification
As provided in 37 CFR 1.77(b), the specification of a utility application should include the following sections in order. Each of the lettered items should appear in upper case, without underlining or bold type, as a section heading. If no text follows the section heading, the phrase “Not Applicable” should follow the section heading:
(a) TITLE OF THE INVENTION.
(b) CROSS-REFERENCE TO RELATED APPLICATIONS.
(c) STATEMENT REGARDING FEDERALLY SPONSORED RESEARCH OR DEVELOPMENT.
(d) THE NAMES OF THE PARTIES TO A JOINT RESEARCH AGREEMENT.
(e) INCORPORATION-BY-REFERENCE OF MATERIAL SUBMITTED ON A READ-ONLY OPTICAL DISC, AS A TEXT FILE OR AN XML FILE VIA THE PATENT ELECTRONIC SYSTEM.
(f) STATEMENT REGARDING PRIOR DISCLOSURES BY THE INVENTOR OR A JOINT INVENTOR.
(g) BACKGROUND OF THE INVENTION.
(1) Field of the Invention.
(2) Description of Related Art including information disclosed under 37 CFR 1.97 and 1.98.
(h) BRIEF SUMMARY OF THE INVENTION.
(i) BRIEF DESCRIPTION OF THE SEVERAL VIEWS OF THE DRAWING(S).
(j) DETAILED DESCRIPTION OF THE INVENTION.
(k) CLAIM OR CLAIMS (commencing on a separate sheet).
(l) ABSTRACT OF THE DISCLOSURE (commencing on a separate sheet).
(m) SEQUENCE LISTING. (See MPEP § 2422.03 and 37 CFR 1.821 - 1.825). A “Sequence Listing” is required on paper if the application discloses a nucleotide or amino acid sequence as defined in 37 CFR 1.821(a) and if the required “Sequence Listing” is not submitted as an electronic document either on read-only optical disc or as a text file via the patent electronic system.
Content of Specification
(a) TITLE OF THE INVENTION: See 37 CFR 1.72(a) and MPEP § 606. The title of the invention should be placed at the top of the first page of the specification unless the title is provided in an application data sheet. The title of the invention should be brief but technically accurate and descriptive, preferably from two to seven words. It may not contain more than 500 characters.
(b) CROSS-REFERENCES TO RELATED APPLICATIONS: See 37 CFR 1.78 and MPEP § 211 et seq.
(c) STATEMENT REGARDING FEDERALLY SPONSORED RESEARCH OR DEVELOPMENT: See MPEP § 310.
(d) THE NAMES OF THE PARTIES TO A JOINT RESEARCH AGREEMENT. See 37 CFR 1.71(g).
(e) INCORPORATION-BY-REFERENCE OF MATERIAL SUBMITTED ON A READ-ONLY OPTICAL DISC, AS A TEXT FILE OR AN XML FILE VIA THE PATENT ELECTRONIC SYSTEM: The specification is required to include an incorporation-by-reference of electronic documents that are to become part of the permanent United States Patent and Trademark Office records in the file of a patent application. See 37 CFR 1.77(b)(5) and MPEP § 608.05. See also the Legal Framework for Patent Electronic System posted on the USPTO website (https://www.uspto.gov/sites/default/files/documents/2019LegalFrameworkPES.pdf) and MPEP § 502.05
(f) STATEMENT REGARDING PRIOR DISCLOSURES BY THE INVENTOR OR A JOINT INVENTOR. See 35 U.S.C. 102(b) and 37 CFR 1.77.
(g) BACKGROUND OF THE INVENTION: See MPEP § 608.01(c). The specification should set forth the Background of the Invention in two parts:
(1) Field of the Invention: A statement of the field of art to which the invention pertains. This statement may include a paraphrasing of the applicable U.S. patent classification definitions of the subject matter of the claimed invention. This item may also be titled “Technical Field.”
(2) Description of the Related Art including information disclosed under 37 CFR 1.97 and 37 CFR 1.98: A description of the related art known to the applicant and including, if applicable, references to specific related art and problems involved in the prior art which are solved by the applicant’s invention. This item may also be titled “Background Art.”
(h) BRIEF SUMMARY OF THE INVENTION: See MPEP § 608.01(d). A brief summary or general statement of the invention as set forth in 37 CFR 1.73. The summary is separate and distinct from the abstract and is directed toward the invention rather than the disclosure as a whole. The summary may point out the advantages of the invention or how it solves problems previously existent in the prior art (and preferably indicated in the Background of the Invention). In chemical cases it should point out in general terms the utility of the invention. If possible, the nature and gist of the invention or the inventive concept should be set forth. Objects of the invention should be treated briefly and only to the extent that they contribute to an understanding of the invention.
(i) BRIEF DESCRIPTION OF THE SEVERAL VIEWS OF THE DRAWING(S): See MPEP § 608.01(f). A reference to and brief description of the drawing(s) as set forth in 37 CFR 1.74.
(j) DETAILED DESCRIPTION OF THE INVENTION: See MPEP § 608.01(g). A description of the preferred embodiment(s) of the invention as required in 37 CFR 1.71. The description should be as short and specific as is necessary to describe the invention adequately and accurately. Where elements or groups of elements, compounds, and processes, which are conventional and generally widely known in the field of the invention described, and their exact nature or type is not necessary for an understanding and use of the invention by a person skilled in the art, they should not be described in detail. However, where particularly complicated subject matter is involved or where the elements, compounds, or processes may not be commonly or widely known in the field, the specification should refer to another patent or readily available publication which adequately describes the subject matter.
(k) CLAIM OR CLAIMS: See 37 CFR 1.75 and MPEP § 608.01(m). The claim or claims must commence on a separate sheet or electronic page (37 CFR 1.52(b)(3)). Where a claim sets forth a plurality of elements or steps, each element or step of the claim should be separated by a line indentation. There may be plural indentations to further segregate subcombinations or related steps. See 37 CFR 1.75 and MPEP 608.01(i) - (p).
(l) ABSTRACT OF THE DISCLOSURE: See 37 CFR 1.72 (b) and MPEP § 608.01(b). The abstract is a brief narrative of the disclosure as a whole, as concise as the disclosure permits, in a single paragraph preferably not exceeding 150 words, commencing on a separate sheet following the claims. In an international application which has entered the national stage (37 CFR 1.491(b)), the applicant need not submit an abstract commencing on a separate sheet if an abstract was published with the international application under PCT Article 21. The abstract that appears on the cover page of the pamphlet published by the International Bureau (IB) of the World Intellectual Property Organization (WIPO) is the abstract that will be used by the USPTO. See MPEP § 1893.03(e).
(m) SEQUENCE LISTING: See 37 CFR 1.821 - 1.825 and MPEP §§ 2421 - 2431. The requirement for a sequence listing applies to all sequences disclosed in a given application, whether the sequences are claimed or not. See MPEP § 2422.01.
Claim Objections
6. Claims 44-53 are objected to because of the following informalities:
A. In claim 44, line 2m “forms” should be changed to --comprises--.
B. In claim 44, line 2, “characterized by” should be replaced with --has--.
C. In claims 44 & 46-53, line 2, “characterized by” should be replaced with --wherein--.
D. In claim 44, line 3, “1kg” should change to --1 kg--.
E. In claim 44, line 4, “1cm” should change to --1 cm--.
F. In claim 44, line 5, “50cm” should change to --50 cm--.
G. In claim 44, line 5, --, and-- should be inserted after “50 cm”.
H. In claim 44, line 6, “10ppm” should be changed to --10 ppm--.
I. In claim 44, last line, --and-- should be inserted before “Ni”.
J. In claim 45, line 1-2, --wherein-- should be inserted before “the SiC solid”.
K. In claim 45, line 2, “10ppm” should be changed to --10 ppm--.
L. In claim 45, last line, --and-- should be inserted before “Ni”.
M. In claim 46, line 6, --,-- should be inserted after “surface”.
N. In claim 46, line 15, “5cm” should change to --5 cm--.
O. In claim 46, line 16, “7cm” should change to --7 cm--.
P. In claim 46, line 16, “10cm” should change to --10 cm--.
Appropriate correction is required.
Claim Rejections - 35 USC § 112 (Second Paragraph)
7. 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.
Claims 44-53 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.
A. Regarding claim 44, line 7, the phrase "in particular" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
B. A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claim 44 recites the broad recitation “less than 1000 ppb (weight)”, and the claim also recites “less than 500 ppb (weight)” which is the narrower statement of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
C. Regarding claims 45, 46, & 48, same rejection as in B above also applies to these claims.
D. Regarding claims 46 & 48, the phrases "preferably", “most preferably”, and “highly preferably” render the claim indefinite because it is unclear whether the limitation(s) following these phrases are part of the claimed invention. See MPEP § 2173.05(d).
Claim Rejections - 35 USC § 103
8. 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) 44-53 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dukes et al. (US 12,330,948 B2), hereinafter “Dukes et al. ‘948”.
The claimed invention relates to a PVT source material, which comprises a SiC solid, wherein the SiC solid has the features of a mass, a thickness, a length, and impurities amounts (as recited in the instant claim 44).
Dukes et al. ‘948 discloses a source material comprising a volumetric shape of SiC, which comprises about 100 g to 12,000 g of SiC granules (col. 79, claim 1). The granules have a primary particle D50 size of from about 0.1 um to about 20.0 um (col. 79, claim 3).
Regarding claims 44 & 45, Duke et al. ‘948 appears to teach the claimed PVT source material comprising a SiC solid.
Regarding the claimed SiC feature of “a mass of more than 1 kg” in claim 44, the disclosed SiC has a mass of about 100 g to 12,000 g of SiC granules (col. 79, claim 1), which equates 100 g to 12 kg, which meets the claimed amount.
With respect to the claimed SiC feature of “a thickness of at least 1 cm” in claim 44, the disclosed SiC has a diameter (thickness) of about 3 inches to 6 inches (col. 6, line 37- col. 7, line 33), which equates 7.6 to 15.2 cm, which is at least 1 cm and meeting the claimed range.
With respect to the claimed feature of “a length of more than 50 cm” in claim 44, the reference teaches that the SiC has a length of 2 to 8 inches (col. 6, line 37- col. 7, line 33), which equates 5 to 20 cm, which appears to be less than the claimed range.
Examiner considers finding of an optimum or effective length of the SiC material in the source material of the reference is prima facie obvious to a person of skilled in the art. Thus, it would have been obvious to a person of ordinary skilled in the art (before the effective filling date of the instant application) to control the growth of the SiC, e.g., temperature, growth rate, etc. so that the desired SiC length could be obtained since it involves only routine experimentation to do so.
With respect to the claim limitations on “wherein the solid has impurities of less than 10 ppm (weight) of the substance N and of less than 1000 ppb (weight) of each of the substances B, Al, P, Ti, V, Fe, and Ni” and “…of less than 1000 ppb (weight) of the sum of all of the metals Ti, V, Fe, and Ni” in claims 44 & 45, the claims are met by the reference.
With respect to the claimed N impurity amount of “less than 10 ppm (weight)”, the claim limitation is met by the teaching of the reference amount of less than about 10,000 ppm, and from about 100 ppm to about 0.001 nitrogen as impurity (col. 29, lines 14-22).
The reference further teaches that the disclosed SiC can be free of impurities, substantially free of impurities, and contain some but not more than the amounts as set out in Table 1 (col. 28, Table 1). Table 1 shows impurities, including B, Al, P, Ti, V, Fe, and Ni may be contained in the SiC at the amount of less than 1,000 ppm, which meets the claimed impurity amounts of “less than 1000 ppb (weight)”.
Regarding claims 46 & 48-53, the structural limitations of the claimed SiC in these claims are noted. It is considered all of the structural limitations of the claimed SiC would be expected to be in the disclosed SiC source material as well in view of the similarities in the SiC properties (mass, thickness, and length) disclosed and claimed.
Regarding claim 47, the disclosed SiC is polytype, which includes 3C-SiC and may be polycrystalline (col. 29, line 24- col. 30, line 10).
Citations
9. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. All references are cited for related art. See PTO-892 Form prepared.
Conclusion
10. Claims 44-65 are pending. Claims 44-53 are rejected. Claims 54-65 are withdrawn. No claims are allowed.
Contacts
11. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Primary Examiner CAM N. NGUYEN whose telephone number is (571)272-1357. The examiner can normally be reached on M-F (8:30 am – 5:00 pm) at alternative worksite or at cam.nguyen@uspto.gov.
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, Anthony Zimmer, can be reached at 571-270-3591. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/Cam N. Nguyen/Primary Examiner, Art Unit 1736
/CNN/
March 04, 2026