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 § 102
Claims 1-4, 6-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by DODGE et al (WO-2008-107860).1
Claim 1: Dodge teaches a high pressure high temperature (HPHT) single-crystal diamond comprising a grown striation parallel to the main grown surface and
the grown striation has an off-cut angle with respect to the crystal plane having index of 5 or lower (Dodge, page 4, lines 15-30; page 5, lines 24-30; page 8, line 5 to page 9, line 22; and page 35, lines 4-14 and Figure 3b for the off-cut angle). Further, it is noticed that the HPHT crystal diamond of Dodge is performed at 1200 to 1600oC and 5-6 GPa (page 17, lines 12-15) and using solvent catalysts of Fe-Ni alloy (page 17, lines 1-6) which is the same process conditions disclosed in the instant specification. Therefore, any properties that are not reported in Dodge are deemed met by inherence in view of the same process of making the HPHT single-crystal diamond.
Claim 2: Dodge also teaches a HPHT single-crystal diamond comprising
a linear defect extending toward a main grown surface and having an off-cut angle with respect to an average direction of the linear defect extending toward the main grown surface (Dodge, page 24, line 30 to page 26, line 14).
Claims 3-4: Dodge teaches the HPHT single-crystal diamond having the off-cut angle ranges within 15 degrees (page 15, lines 4-14) which fall within the claimed ranges of 0.1-20 and 0.8-15 degrees. ). Further, it is noticed that the HPHT crystal diamond of Dodge is performed at 1200 to 1600oC and 5-6 GPa (page 17, lines 12-15) and using solvent catalysts of Fe-Ni alloy (page 17, lines 1-6) which is the same process conditions disclosed in the instant specification. Therefore, any properties that are not reported in Dodge are deemed met by inherence in view of the same process of making the HPHT single-crystal diamond.
Claim 6-7: Dodge teaches the low index plane includes (hkl) plane of (100) and (111) and a side of <110> (page 15, lines 8-14; page 17, lines 6-10; paragraph bridging pages 19-20; and page 24, lines 14-20).
Claim 8: Dodge teaches the HPHT single-crystal including the off-cut angle has a volume percentage of 0.8% by volume or more (See Figure 3c). Further, it is noticed that the HPHT crystal diamond of Dodge is performed at 1200 to 1600oC and 5-6 GPa (page 17, lines 12-15) and using solvent catalysts of Fe-Ni alloy (page 17, lines 1-6) which is the same process conditions disclosed in the instant specification. Therefore, any properties that are not reported in Dodge are deemed met by inherence in view of the same process of making the HPHT single-crystal diamond.
Claim 9: The HPHT single-crystal diamond of Dodge having a sum of (a) the area of a main grown surface forming an off-cut angle between the grown striation and the low-index crystal plane having the (hkl) plane orientation or (2) and (b) the area of a just-grown surface on which the off-cut angle is eliminated, is a maximum compared with an area of a plane having an orientation other than that of the (hkl) plane orientation of the low-index crystal plane (Page 28, line 5 to page 29, line 16). Further, it is noticed that the HPHT crystal diamond of Dodge is performed at 1200 to 1600oC and 5-6 GPa (page 17, lines 12-15) and using solvent catalysts of Fe-Ni alloy (page 17, lines 1-6) which is the same process conditions disclosed in the instant specification. Therefore, any properties that are not reported in Dodge are deemed met by inherence in view of the same process of making the HPHT single-crystal diamond.
Claim 10: The HPHT single-crystal diamond of Dodge having a sum of (a) the area of a main grown surface forming an off-cut angle between a linear defect and a crystal axis of the low-index crystal plane having the (hkl) plane orientation and (b) the area of a just-grown surface on which the off-cut angle is eliminated, is a maximum compared with an area of a plane having an orientation other than that of the (hkl) plane orientation of the low-index crystal plane (Page 28, line 5 to page 29, line 16). Further, it is noticed that the HPHT crystal diamond of Dodge is performed at 1200 to 1600oC and 5-6 GPa (page 17, lines 12-15) and using solvent catalysts of Fe-Ni alloy (page 17, lines 1-6) which is the same process conditions disclosed in the instant specification. Therefore, any properties that are not reported in Dodge are deemed met by inherence in view of the same process of making the HPHT single-crystal diamond.
Claim 11: The HPHT single-crystal diamond of Dodge having the sum of (a) the area of the main grown surface and (b) the area of the just-grown surface is 1.5 times larger than areas of any other surfaces (Page 29, lines 18-27).
Claim 12: The HPHT single-crystal diamond of Dodge has a size of 5 mm or more (page 30).
Claim 13: The HPHT single-crystal diamond of Dodge comprises at least one grown sector having a single proportion of 50% or more based on an area of the main grown surface (page 31, 1st paragraph).
Claim 14: The HPHT single-crystal diamond of Dodge comprises at least two
grown sectors, wherein at least one sector boundary is a boundary between a low-index crystal plane grown sector and an off-cut angle plane grown sector (See Figure 3b).
Claims 15 and 16: Dodge teaches a diamond composite comprising the
HPHT single-crystal diamond as discussed above comprising a seed substrate having a main surface and a low-index crystal plane, wherein the main surface has an off-cut angle with respect to the low-index crystal plane of the seed substrate and wherein the seed substrate (i.e. seed pad) has a size of 2 mm or more (page 38, 1st paragraph).
Response to Arguments
Applicant’s arguments with respect to claims 1-16 have been considered but are moot in view of the new reference as discussed above.
Conclusion
Applicant's submission of an information disclosure statement under 37 CFR 1.97(c) with the timing fee set forth in 37 CFR 1.17(p) on April 2, 2026 prompted the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 609.04(b). 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.
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HOA (Holly) LE
Primary Examiner
Art Unit 1788
/HOA (Holly) LE/Primary Examiner, Art Unit 1788
1 Provided by Applicant.
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