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 .
DETAILED ACTION
Claims 1-20 are pending in this application.
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
It is noted that the claimed invention is directed solely to a method. The examiner suggests amending the title to reflect same.
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 1-18 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.
In claim 1 line 4, from which claims 2-18 depend, the term “alkaline earth metal precursor” is confusing as the preamble requires forming a Group 2 metal containing film. The examiner questions how a Group 2 film is formed from an alkaline earth metal precursor and not a Group 2 metal precursor. The examiner assumes that Group 2 metals are the same as alkaline earth metals. Clarification is requested. The same issue applies to independent claims 19-20.
In claim 8 lines 1-2, the phrase “the solvent is a substituted or unsubstituted hydrocarbon” is deemed not further limiting as all hydrocarbons are substituted or unsubstituted. Clarification and appropriate amendments are requested.
In claim 9 lines 2-5, the phrase “selected from alkanes… selected from alkyl alcohols … selected from primary-…dimethylformamide” is confusing as to which materials are required. The three “selected” is confusing. Clarification and appropriate amendments are requested.
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.
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 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Cameron et al. (2010/0291299) in view of CN 114181266.
Cameron teaches a method of using strontium and barium precursors in a CVD or ALD process (title) for forming bas or Sr-containing films on substrates (abstract). Specifically, an ALD process for forming a layer of strontium titanate on a substrate using a titanium source, a strontium source, and water vapor with or without an oxidant and repeating until a desired film thickness is reached (0082). However, the reference fails to teach the alkaline earth metal precursor.
CN’266 teaches an alkaline earth metal precursor material for atomic layer deposition (title) in which the appropriate precursor is taught (0004-0021, 0028-0030). It would have been obvious to utilize the precursor of CN’266 in the process of Cameron with the expectation of success because CN’266 teaches of using the claimed precursor material in an ALD process.
Regarding claim 2, Cameron teaches an oxidant (0082).
Regarding claim 3, 5, Cameron teaches water (0082).
Regarding claim 4, Cameron teaches N2O (0082).
Regarding claim 6, Cameron teaches a liquid precursor (0069).
Regarding claim 7, Cameron teaches a solvent (0069).
Regarding claim 8, Cameron teaches a solvent containing alkanes (0070).
Regarding claim 9, Cameron teaches xylene (0070).
Regarding claim 10, the applicant requires a specific weight percentage. Cameron teaches of varying the precursor amount in solution (0075-0076). To utilize the claimed percentage would have been obvious given Cameron’s teaching in the absence of a showing of criticality.
Regarding claim 11, Cameron teaches a temperature of 250 to 500oC (0082).
Regarding claims 12-14, the applicant requires a specific precursor. Cameron teaches same (0032-0051).
Regarding claims 15-16, Cameron teaches an ALD process (0082).
Regarding claim 17, Cameron teaches metal oxides with the metal being strontium (0085).
Regarding claim 18, Cameron teaches metal oxides with the metal being barium (0085).
In independent claim 19, the applicant requires a specific precursor and a specific reactant. Cameron teaches the same precursor (0032-0051) and water (0082).
In independent claim 20, the applicant requires a specific precursor and a specific reactant. Cameron teaches the same precursor (0032-0051) and water (0082).
Madadi (Applied Materials & Interfaces article) teaches of using an alkali metal precursor to form alkali metal based thin films by atomic layer deposition and has been cited as relevant art.
Lee (Chemistry of Materials article) teaches ALD of metal fluorides using alkane earth metal precursors and has been cited as relevant art.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRET CHEN whose telephone number is (571)272-1417. The examiner can normally be reached M-F 8:30-8:30 MT.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Gordon Baldwin can be reached at (571) 272-5166. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRET P CHEN/Primary Examiner, Art Unit 1715 01/02/2026