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 .
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1 to 20 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the enablement requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention. The claims 1 to 16 recite the limitation of a formula and range of a/b. When describing “b” it is set forth as between the liquid level and the outside. However, the claims and the specification do not clearly teach or set forth the definition or limit as to the “outside”. It could be of the furnace or crucible or something entirely different. Claims 15 and 16 recite “b” to be limited to the exterior air. However, it is not clear from the claims or the specification as to the measurement spot for “b” as that is very broad limitation “air”.
Further, claim 3 recites a crucible retention percentage. However, it is not clear from either the claim or the specification as to the limitation as it is referred to when the pulling process is done and over. In particular how the retention relates to a silicon weight.
With regards to claims 4 to 11, the specification and claims do not set forth to one of ordinary skill in the art as to the feeding of the different sized silicon. It is noted, that the feed appears to be a first size and then a second different size silicon. However, the recitation then states the first size feed after the second size. This creates a confusion as to the feed sequence and the specification does not further aid in the clarity.
Claims 17 to 20 are also unclear from the claims and the specification. The claims recite a two main body portions. However, the claims and specification do not clearly set forth or teach the exact setup and interaction between the two main parts since the reference used is the main portion.
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 to 20 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 to 16 are indefinite for failing to particularly point out and distinctly claim the subject matter. The claims recite the limitation of a formula and range of a/b. When describing “b” it is set forth as between the liquid level and the outside. However, the claims do not clearly teach or set forth the definition or limit as to the “outside”. It could be of the furnace or crucible or something entirely different. Claims 15 and 16 recite “b” to be limited to the exterior air. However, it is not clear from the claims as to the measurement spot for “b” as that is very broad limitation “air”.
Further, claim 3 recites a crucible retention percentage. However, it is not clear from either the claim as to the limitation as it is referred to when the pulling process is done and over. In particular how the retention relates to a silicon weight.
With regards to claims 4 to 11, the claims do not set forth to one of ordinary skill in the art as to the feeding of the different sized silicon. It is noted, that the feed appears to be a first size and then a second different size silicon. However, the recitation then states the first size feed after the second size. This creates a confusion as to the feed sequence .
Claims 17 to 20 are also unclear in the claims. The claims recite a two main body portions. However, the claims do not clearly set forth or teach the exact setup and interaction between the two main parts since the reference used is the main portion.
Examiner’s Remarks
The references are merely cited of interest as showing the state of the art in czochralski.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT M KUNEMUND whose telephone number is (571)272-1464. The examiner can normally be reached M-F 8:00 am to 4:30 pm.
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RMK
/ROBERT M KUNEMUND/ Primary Examiner, Art Unit 1714
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