DETAILED ACTION
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim Rejections - 35 USC § 112
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 1-4 and 6-16 are 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.
Claims 1-4 and 6-16 recite the limitation "high temperature high pressure" in the preamble. There is insufficient antecedent basis for this limitation in the claim. While the specification describes the single crystal diamond being made under high temperature and high pressure conditions, the term “high pressure high temperature” (HPHT) diamond appears to suggest the properties of the diamond rather than the conditions under which it is made, i.e. the preamble seems to suggest that the diamond is able to withstand high pressure and high temperature, which is the common property of all diamonds, natural and artificial. Therefore, the preamble would have no additional meaning. To obviate this rejection, it is suggested that the specification be amended: (1) to define the phrase “high temperature high pressure single crystal diamond” to mean single crystal diamond produced under high temperature and high pressure conditions and (2) to ascertain high temperature and high pressure to mean temperature of 1350oC and pressure of 5.6 GPa. See instant specification, paragraph 0087 and 0094, the only two paragraphs where the temperature and pressure of the manufacturing process are mentioned.
Claim Rejections - 35 USC § 102
Claims 1-4 and 6-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by LI et al. (“Synthesis of large diamond single crystals under high pressure and high temperature”, CrystEngComm, 2018, 20, 4127)
Claims 1-2: Li teaches method of making single crystal diamond under high pressure high temperature (HPHT) conditions, i.e. at 1350oC and 6 GPa (Li, page 4128, paragraph bridging left and right columns and page 4129, Figure 6), which are exactly the same HPHT conditions disclosed in the instant specification (paragraphs 0087 and 0094). In addition, Li also uses the same metal catalysts, i.e. Fe and Ni, the same metal additive, Ti as nitrogen getter, as the metal catalysts and metal additive disclosed in the claimed invention. See Li, page 4128, paragraph bridging left and right columns; page 4128, right column, penultimate paragraph; and instant specification, paragraphs 0085-0087). Moreover, Li shows diamond having a grown-striation parallel to the main grown surface (See Li, page 4128, Figures 2 and 3) and exhibiting two crystal planes of {100} and {111} (Li, page 4128, right column, first paragraph) which has a sum (h,k,l) of 1 and 3, respectively, and thus meets the claimed sum of less than 5.
Claims 3-4: Li does not measure the off-cut angle; however, because the method of forming the single crystal diamond of Li is essentially the same of the claimed invention as discussed in claims 1-2 above, it is necessarily inherent that the diamond of Li exhibits the same off-cut angle as claimed.
Claim 6: Li shows diamond exhibiting two crystal planes of {100} and {111} (Li, page 4128, right column, first paragraph)
Claim 7: While Li reports the two main planes for the surface, i.e. {100} and {111} as discussed in claims 1 and 6 above, Li does not report the plane for the side surface; however, because the method of forming the single crystal diamond of Li is essentially the same of the claimed invention as discussed in claims 1-2 above, it is necessarily inherent that the side plane is necessarily {110}
Claims 8-11: See Li, page 4130, Figure 8. In addition, because the method of forming the single crystal diamond of Li is essentially the same of the claimed invention as discussed in claims 1-2 above, it is necessarily inherent that the singly crystal diamond of Li would exhibit the same orientation as claimed.
Claim 12: The (HPHT) single-crystal diamond of Li has a diameter of 7.8 mm (page 4128, right column, 1st paragraph) which meets the claimed range of 5 mm or more.
Claim 13: The (HPHT) single-crystal diamond of LI has a grown sector with a proportion of at least 50% on the main-grown surface (page 4130, Figures 7 & 8).
Claim 14: The feature as claimed is deemed to have met by inherence because the method of making HPHT single crystal diamond of Li is essentially the same as disclosed in the instant specification as discussed in claim 1 above.
Claim 15: Li teaches a HPHT single-crystal diamond having the claimed features as described in claim 1 above. The HPHT single crystal diamond is grown over a seed substrate (i.e. seed bed) (Li, page 4130 and Figures 7-8) which together they form a diamond composite as claimed.
Claim 16: Li shows a seed substrate having a diameter larger than 2 mm (Page 4130, Figures 7 and 8)
Response to Arguments
Applicant’s arguments with respect to claims 1-4 and 6-16 have been considered and found persuasive because the crystal diamond grown over the seed substrate of Ueda method was made by CVD method. However, they are deemed moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Applicant's amendment, i.e. high pressure-high temperature condition, necessitated the new grounds 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 HOA (Holly) LE whose telephone number is (571)272-1511. The examiner can normally be reached Monday to Friday, 10:00 am to 7:00 pm.
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, Alicia Chevalier can be reached at 571-272-1490. 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.
HOA (Holly) LE
Primary Examiner
Art Unit 1788
/HOA (Holly) LE/Primary Examiner, Art Unit 1788