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 .
Status of Application
Claims 1-20 are pending. Claims 6 and 14-20 are withdrawn. Claims 1-5 and 7-13 are presented for examination.
Election/Restrictions
Applicant's election with traverse of Group I, Species 1 and Group II, Species 1 in the reply filed on 3/16/2026 is acknowledged. The traversal is on the ground(s) that there is no search burden as a search for one of the species will find art for the other species. This is not found persuasive because in terms of depositing a method that deposits using gas will generally not disclose depositing by solution as these often require vastly different processes, temperatures and other process conditions. Additionally, there are numerous processes of cleaning and relevant art is not likely to include all means of cleaning and particularly will not likely include completely different cleaning processes, such as solution based and plasma based. Therefore, the Examiner maintains that there is a search burden.
The requirement is still deemed proper and is therefore made FINAL.
Claims 6 and 14-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 3/16/2026.
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.
1. Claims 4, 5, 12 and 13 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.
In claims 4 and 12, the formula I has (1-z) units of Y present in the molecule, wherein z is 1-3. This formula therefore includes 0 to -2 units of Y in the molecule. This is indefinite as it is impossible for there to be negative Y units. Therefore, claims 4 and 12 are indefinite. Claims 5 and 13 depend from either claim 4 or 12 and are indefinite for the same reasons. For examination purposes, the formula has been interpreted as
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as noted on page 4 of Applicant’s specification.
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, or otherwise available to the public before the effective filing date of the claimed invention.
2. Claim(s) 1-5, 7, 8 and 10-13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bajaj et al. (U.S. PGPUB No. 2018/0308685).
Regarding claims 1-5, 7, 8 and 10-13, Bajaj teaches a process comprising: providing a substrate comprising an exposed dielectric material and an exposed silicon-based material (claim 9); pre-cleaning the substrate with hydrofluoric acid (claims 9 and claim 12); depositing a SAM (comparable to a blocking layer) on the exposed dielectric material using a solution including a molecule, such as methyltrichlorosilane (which has the formula I) (claims 9, 13 and 14); epitaxially and selectively depositing a silicon-containing material layer on the exposed silicon-based material (claim 9); and removing the SAM/blocking layer (claim 9). Bajaj additionally teaches that the SAM/blocking layer has one or more pinholes formed therein after depositing the silicon-containing material (claim 2) and exposing the substrate to a solution of the methyltrichlorosilane to repair the one or more pinholes (0041 and claim 3). Bajaj teaches all the critical limitations of claims 1-5, 7, 8 and 10-13; therefore, Bajaj anticipates the claims.
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.
3. Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bajaj.
Regarding claim 9, Bajaj teaches all the limitations of claim 1, but fails to explicitly teach the deposition performed at a temperature range from 400-650 ºC. However, Bajaj does teach the deposition performed at a temperature range of 400 ºC or lower (claim 1, and note that the range disclosed by Bajaj overlaps with Applicant’s claimed range). Therefore, Bajaj makes obvious claim 9. Note that overlapping ranges has been held as prima facie evidence of obviousness.
Conclusion
Claims 1-20 are pending.
Claims 6 and 14-20 are withdrawn.
Claims 1-5 and 7-13 are rejected.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT S WALTERS JR whose telephone number is (571)270-5351. The examiner can normally be reached Monday-Friday 8-5.
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, Dah-Wei Yuan can be reached at 571-272-1295. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ROBERT S WALTERS JR/
April 2, 2026 Primary Examiner, Art Unit 1717
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