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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, 8
Claims 1, 2, 4, 7, 8, 9, 11, and 14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Vidal et al (WO2016/046642 A2).
As to claim 1, Vidal discloses an apparatus for galvanically growing a plurality of nanowires on a substrate (Fig. 2), comprising a substrate holder (Fig. 2 #30) and a receptacle for the substrate holder (Fig. 2 # 10), the apparatus being designed to grow the plurality of nanowires on the substrate when the substrate holder with the substrate has been received in the receptacle (Abstract/Title “nanowire fabrication”), the substrate holder having electronics which are designed to influence the growing of the nanowires (Fig. 2 #36 “sensors”).
As to claim 2, Vidal further discloses wherein the substrate holder has an interface, by way of which the electronics are connected to a control unit of the apparatus when the substrate holder has been received in the receptacle (pg. 14 “connected to the system program…” thus necessarily has an interface to enable connection).
As to claims 4 and 11, Vidal discloses the electronics comprise a sensory (pg. 14 line 1 “sensors”)
As to claims 7 and 14, Vidal discloses wherein the sensor 36 can be used to facilitate triggering the facbrication process when the temperature reaches the appropriate values to prevent thermal fluctuation and which reads on the instant claim language of “wherein the electronics of the substrate holder are designed to control an electrical voltage or an electrical current for the growing of the nanowires.” Since the type of control is not recited.
As to claim 8, Vidal discloses a method for galvanically growing a plurality of nanowires on a substrate, comprising
a) placing the substrate into a substrate holder (pg. 25 line 4),
b) inserting the substrate holder into a receptacle for the substrate holder (Placing into #10 Fig. 2),
c) galvanically growing the nanowires on the substrate, the substrate holder having electronics which influence the growing of the nanowires (pg. 26 lines 19-20 using temperature control system described in section 2.4).
As to claim 9, Vidal further discloses wherein, before step a), growth parameters that are taken into account in step c) are stored in the electronics of the substrate holder (pg. 18 lines 23-pg. 19 line 2 “By employing one or more temperature sensors 14 in the fifth container for sensing the temperature of the chemical bath and one or more temperature sensors for sensing the temperature of the template(s) 22 held by the head 30 heating and/or cooling devices can be programmed to maintain the template(s) 22”).
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.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 10 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Vidal et al.
As to claims 10 and 19, Vidal discloses wherein the temperature is between -10°C and 50°C which overlaps the instantly claimed range and thus prima facie obvious to provide a temperature in the overlapping range when performing electrodeposition of nanowires when performing the method Vidal. See MPEP 2144.05 I.
Claims 3, 15 rejected under 35 U.S.C. 103 as being unpatentable over Vidal in view of Capulong et al (US 2016/0090662 A1).
As to claim 3, Vidal fails to explicitly disclose wherein the electronics of the substrate holder comprise a digitizing unit, which is connected to the control unit for digital communication.
Capulong discloses using a digitizing unit on a substrate holder to enable digital communications from a sensor to a controller ([0032] “The measurement and transmission operations (whether wireless or wired, analog or digital) can be adapted in various implementations to tolerate electrically noisy environments, such as those that may be present in the vicinity of a high-current electroplating procedure.” [0045] “The signal from the sensor can be conditioned by an amplifier, converted from analog to digital form,”).
Thus it would have been obvious to one of ordinary skill in the art at the time the invention as filed to have used a digitizing unit on the substrate holder as taught by Capulong with the substrate holder in Vidal in order to enable digital communications between a sensor and controller.
As to claim 15, Vidal discloses the electronics comprise a sensory (pg. 14 line 1 “sensors”).
As to claim 18, Vidal discloses wherein the sensor 36 can be used to facilitate triggering the facbrication process when the temperature reaches the appropriate values to prevent thermal fluctuation and which reads on the instant claim language of “wherein the electronics of the substrate holder are designed to control an electrical voltage or an electrical current for the growing of the nanowires.” Since the type of control is not recited.
Claims 5 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Vidal in view of Quednau et al (DE 10-2017-104905 A1with citations drawn to the translation provided via espacenet).
As to claims 5 and 12, Vidal fails to disclose a reference electrode which is connected to the substrate when the substrate holder with the substrate has been received in the receptable.
Quednau discloses an apparatus for forming nanowires (Abstract) comprising a reference electrode which is connected to the substrate when the substrate holder with the substrate has been received in the receptable. (Fig. 1 #13 [0147], [0092]-[0093]).
It would have been obvious to one of ordinary skill in the art at the time the invention as filed to have used a reference electrode as taught by Quednau in the apparatus of Vidal in order to measure the electrochemical potential difference and measure the electrochemical activity at the electrode to manage the electrolyte contents (Quednau [0093]).
Claims 6 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Vidal in view of Mayer et al (US 2004/0065540 A1).
As to claims 6 and 13, Vidal fails to explicitly disclose wherein an electrode of the apparatus designed for the galvanic growing of nanowires has a multiplicity of independently controllable segments and/or wherein the substrate holder has a heater with a multiplicity of independently controllable segments.
Mayer discloses an integrated heater into a substrate holder wherein the heater has a a multiplicity of independently controllable segments. (#638 Fig. 9 [0069]).
It would have been obvious to one of ordinary skill in the art to have used the zoned heater with independently controllable segments as taught by Mayer in the substrate holder of Vidal in order to enhance temperature control the plating liquid, allow for dynamic variation of the temperatures during the treatment process, and control a nonuniform heating procile (Mayer [0069])
Claims 16 is rejected under 35 U.S.C. 103 as being unpatentable over Vidal, as modified by Capulong, as applied to claim 3, in furher view of Quednau et al (DE 10-2017-104905 A1with citations drawn to the translation provided via espacenet).
As to claim 16, Vidal, as modified by Capulong, fails to disclose a reference electrode which is connected to the substrate when the substrate holder with the substrate has been received in the receptable.
Quednau discloses an apparatus for forming nanowires (Abstract) comprising a reference electrode which is connected to the substrate when the substrate holder with the substrate has been received in the receptable. (Fig. 1 #13 [0147], [0092]-[0093]).
It would have been obvious to one of ordinary skill in the art at the time the invention as filed to have used a reference electrode as taught by Quednau in the apparatus of Vidal, as modified by Capulong,in order to measure the electrochemical potential difference and measure the electrochemical activity at the electrode to manage the electrolyte contents (Quednau [0093]).
Claim 17 isrejected under 35 U.S.C. 103 as being unpatentable over Vidal, as modified by Capulong, as applied to claim 3, in further view of Mayer et al (US 2004/0065540 A1).
As to claim 17, Vidal, as modified by Capulong, fails to explicitly disclose wherein an electrode of the apparatus designed for the galvanic growing of nanowires has a multiplicity of independently controllable segments and/or wherein the substrate holder has a heater with a multiplicity of independently controllable segments.
Mayer discloses an integrated heater into a substrate holder wherein the heater has a a multiplicity of independently controllable segments. (#638 Fig. 9 [0069]).
It would have been obvious to one of ordinary skill in the art to have used the zoned heater with independently controllable segments as taught by Mayer in the substrate holder of Vidal, as modified by Capulong, in order to enhance temperature control the plating liquid, allow for dynamic variation of the temperatures during the treatment process, and control a nonuniform heating profile (Mayer [0069])
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LOUIS J RUFO whose telephone number is (571)270-7716. The examiner can normally be reached Monday to Friday, 9 am to 5 pm.
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/LOUIS J RUFO/Primary Examiner, Art Unit 1795
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