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 .
Election/Restrictions
Applicant's election with traverse of Group I, claims 1-9 in the reply filed on [ 2 ] is acknowledged. The traversal is on the ground(s) that a search for the elected invention will necessarily require a search for the non-elected invention. This is not found persuasive because the inventions require a different field of search (e.g., searching different classes/subclasses or electronic resources, or employing different search strategies or search queries).
The requirement is still deemed proper and is therefore made FINAL.
Claim 10 is withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim.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 11/06/2025.
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.
Claim 5 is 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. Claim 5 recites, “a dense body having a relative density of 90% or more is placed on a bottom surface and/or top surface of the SiC powder layer (excluding the surface in contact with the seed crystal).” It is unclear if the limitations within the parathesis are required. For the purposes of expediating examination, the parathesis will be ignored and the limitations within the parathesis will be examined.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claim(s) 1-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nakamura (JP 2004-32393), an English computer translation (CT) is provided, in view An (KR10- 2011-0062415), a computer translation (CT2) is provided.
Nakamura teaches a method for producing a SiC single crystal substrate comprising: placing a SiC single crystal serving as a seed crystal S and a SiC powder layer M in a container (die D) (dense body) in a state in which the SiC single crystal and the SiC powder layer are in contact with each other, an upper punch (dense body) and lower punch (dense body); and performing a heat treatment by placing the container to grow a SiC single crystal on the seed crystal (Fig 1-2; CT [0011]-[0015] teaches bringing the raw material powder into contact with a seed crystal, pressurizing it under heating, and a transfer of mass from the raw material powder to the seed crystal occurs, causing a single crystal to grow on the seed crystal). Nakamura teaches an example comprising pressure molding performed as a hot press with a surface pressure of 40 MPa under heating at 2050°C for 2 hours, and the resulting sintered body was subjected to heat treatment at 1900°C for 24 hours to grow a single crystal (Fig 1-2; CT [0027]-[0043]), which clearly suggests a temperature range within ±50°C of a preset temperature.
Nakamura teaches using a die and pressure molding at 2050°C. However, Nakamura does not explicitly teach a furnace.
In a conventional pressure sintering furnace, An teaches a die (14) and a punch (15) made of high-density, high-strength graphite material positioned in the center of the sintering furnace (10) so as to apply high pressure to the product. And, the heating unit (12) is connected to an external power source and raises the temperature by resistance heating inside the sealed sintering furnace (10), and using high-density graphite having 80~99% of the theoretical density. (Fig 1, 4, and 6; CT2 page 2-3), which clearly suggests a firing furnace.
It would have been obvious to one of ordinary skill in the art at the time of filing to modify Nakamura by using a firing furnace, as taught by An, to heat the die and SiC powder to a desired temperature.
Referring to claim 2, the combination of Nakamura and An teaches an embodiment where a 3C-SiC thin film 12 formed on the front surface of a Si substrate 10 is used as the seed crystal and only one side of the seed 12 is in contact with the powder 16 (Nakamura CT [0019]-[0023]; Fig 2), which clearly suggests only one side of the seed crystal is in contact with the SiC powder layer.
Referring to claim 3, the combination of Nakamura and An teaches a hot press with a surface pressure of 40 MPa under heating at 2050°C for 2 hours (Nakamura CT [0030]-[0050]), which clearly suggests maintaining this temperature which would be within +20 of the preset temperature.
Referring to claim 4, the combination of Nakamura and An teaches a hot press with a surface pressure of 40 MPa under heating at 2050°C for 2 hours (Nakamura CT [0030]-[0050]), which clearly suggests maintaining this temperature which would be within +10 of the preset temperature.
Referring to claim 5-9, the combination of Nakamura and An teaches the punch (dense body) and die (dense body) contact the outer circumferential edge of the SiC powder layer (Nakamura Fig 1) and the punch and die with 80~99% of the theoretical density, which clearly suggests a relative density of greater than 96% (An CT2 page 2-3). Overlapping ranges are prima facie obvious (MPEP 2144.05).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Takebe et al (US 2021/0025031) teaches Graphite (having a purity of 99.9% or more, and a relative density of sintered compact (density of sintered compact/ideal density) of 99% or more) is set to be used as the standard sample ([0076]).
Wu et al (CN 1291419), an English computer translation (CT3) is provided, teaches an apparatus used in the SiC/Cu composite material preparation method consists of a punch 1, a mold body 4, a press table 5, and an electric furnace 6 (Fig 1; CT3 [0013]), and SiC particles are filled into a cavity of a mold and pressed into a preform; preheating the mold containing SiC particles, pressure is applied by a press, the pressure is 40MPa-60MPa, the pressure is maintained and the mixture is cooled; demolding and taking out an ingot (CT3 [0006]).
Hiruta et al (JP 10-101434A), a computer translation (CT4) is provided, teaches the relative density of a pressure medium is preferably 96% or more, and if its relative density of the pressure medium is low, a graphite cylinders will bend and crack. (CT4 [0048]).
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MATTHEW J. SONG
Examiner
Art Unit 1714
/MATTHEW J SONG/Primary Examiner, Art Unit 1714