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 .
Applicant’s election without traverse of Group III, claims 12-20, in the reply filed on 6/30/26 is acknowledged. Claims 1-11 have been withdrawn from consideration as being directed toward a non-elected invention. Claims 12-20 remain in the application for prosecution thereof.
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.
Claim 12,13,15,17,19 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Ghyselen (2021/0074906) in combination with Gilbert et al. (6,730,354).
Ghyselen (2021/0074906) teaches a method of manufacturing a crystalline layer of PZT and substrate for epitaxial growing with a seed layer of SrTiO (abstract). The PZT can be grown using cathode sputtering. Other piezoelectric materials can be applied in place of PZT including PMNPT [0020],[0030]. Annealing if performed after deposition of the piezoelectric material by sputtering [0030].
Ghyselen (2021/0074906) fails to teach a conditioning chamber at a temperature of 500C + 50C and transferring to a processing chamber at temperature of 650C +.
Gilbert et al. (6,730,354) teaches piezoelectric PZT films whereby before forming the PZR films, the substrate is preheated (claimed conditioning chamber) during a preheat period then the substrate is disposed on a heated susceptor during a heating period after which the PZT film is formed (abstract). Gilbert et al. (6,730,354) teaches the processing temperature in forming the PZT film to be about 650C and performed for about 30-60 seconds (col. 7, lines 3-13).
Therefore, it would have been obvious for one skilled in the art before the effective filing date of he claimed invention to have modified Ghyselen (2021/0074906) process to include a preheating step and the claimed temperatures and times of the preheating and processing steps as evidenced by Gilbert et al. (6,730,354) with the expectation of producing the PZT films without subjecting the substaret to thermal shock (col. 6, lines 60-65).
Regarding claim 12, While the Examiner acknowledges the fact that the preheating temperatures are lower than the claimed 500 + 50C, the Examiner takes the position that these temperatures would be a matter of design choice by one skilled in the art absent a showing of criticality thereof the claimed 500 + 50C.
Regarding claim 13, Ghyselen (2021/0074906) teaches a seed of SrTiO which would meet the claimed seed “comprising an oxide of titanium [0005],[0015],[0029].
Regarding claim 15, Ghyselen (2021/0074906) teaches other piezoelectric materials can be applied in place of PZT including PMNPT [0020],[0030].
Regarding claim 17, Ghyselen (2021/0074906) teaches sputtering in the processing chamber and sputtering is a PVD process [0030].
Regarding claim 19, Gilbert et al. (6,730,354) teaches the preheating period is from 30-60 seconds (col. 3, lines 43-50).
Regarding claim 20, Gilbert et al. (6,730,354) teaches the processing temperature in forming the PZT film to be about 650C and performed for about 30-60 seconds (col. 7, lines 3-13).
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Ghyselen (2021/0074906) in combination with Gilbert et al. (6,730,354) further in combination with Potrepka et al (2016/0254439).
Features detailed above concerning the teachings of Ghyselen (2021/0074906) in combination with Gilbert et al. (6,730,354) are incorporated here.
Ghyselen (2021/0074906) in combination with Gilbert et al. (6,730,354) fail to teach the crystallographic phase of the piezoelectric material to be {001}.
Potrepka et al (2016/0254439) teaches a process for making lead zirconate titanate (PZT) layers having a {001} orientation (abstract and [0013]).
Therefore, it would have been obvious for one skilled in the art before the effective filing date of he claimed invention to have modified Ghyselen (2021/0074906) in combination with Gilbert et al. (6,730,354) process to include forming the piezoelectric film having a {001} crystal structure as evidenced by Potrepka et al (2016/0254439) with the expectation of success.
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Ghyselen (2021/0074906) in combination with Gilbert et al. (6,730,354) further in combination with CN101892522.
Features detailed above concerning the teachings of Ghyselen (2021/0074906) in combination with Gilbert et al. (6,730,354) are incorporated here.
Ghyselen (2021/0074906) in combination with Gilbert et al. (6,730,354) fails to teach the piezoelectric material to have the claimed composition.
CN101892522 teaches preparation of titanium lead magnesio-niobate thin film by vacuumizing titanium lead magnesio-niobate target and substrate in vacuum chamber, introducing heating the substrate to a temperature of 650°C, high-purity oxygen, hitting target by pulse laser and transmitting high-energy plasmas. The target preparation includes selecting titanium lead magnesio-niobate 0.67Pb(Mg 1/3Nb 2/3)O₃-0.33PbTiO 3 ceramic (see abstract and example 1).
Therefore, it would have been obvious for one skilled in the art before the effective filing date of the claimed invention to have modified Ghyselen (2021/0074906) in combination with Gilbert et al. (6,730,354) process to include forming the piezoelectric film having the claimed compositional structure as evidenced by CN101892522 with the expectation of success.
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Ghyselen (2021/0074906) in combination with Gilbert et al. (6,730,354) further in combination with Takeda (5,077,270).
Features detailed above concerning the teachings of Ghyselen (2021/0074906) in combination with Gilbert et al. (6,730,354) are incorporated here.
Ghyselen (2021/0074906) in combination with Gilbert et al. (6,730,354) fail to teach the PVD to include applying power to the target of less than 1.5W/cm2.
Takeda (5,077,270) discloses a method of depositing materials including PZT and other piezoelectric films by sputter deposition with desired crystal structure (col 3 lines 1-25; col 5 lines 55-60), the structure controlled by controlling the sputtering power including using powers below 1.5 W/cm² (col 4 lines 18-22) and subsequently annealing to obtain an improved structure (col 4 lines 34-36).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use lower sputtering power in Ghyselen (2021/0074906) in combination with Gilbert et al. (6,730,354) process as this allows for controlled structure during deposition (Takeda (5,077,270) - col 4 lines 5-22).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIAN K TALBOT whose telephone number is (571)272-1428. The examiner can normally be reached Monday -Friday 7-4PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, MICHAEL CLEVELAND can be reached at 571-272-1418. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRIAN K TALBOT/Primary Examiner, Art Unit 1712
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