DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. 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
2. Applicant’s election without traverse of Group 1, claims 1-10 in the reply filed on 1/28/2026 is acknowledged. Claims 11-20 are withdrawn. Applicant has NOT provided the requested FIVE SPECIES, which must be provided in the response.
Information Disclosure Statement
3. The information disclosure statement (IDS) submitted on 11/8/2023, 8/15/2024 and 10/9/2024 were filed timely. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Rejections - 35 USC § 103
4. 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.
5. 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.
6. Claims 1-9 are rejected under 35 U.S.C. 103 as being unpatentable over (US 2013/0049889 A1) to Shimizu (hereinafter Shimizu).
Shimizu is directed toward composite wafers formed on a piezoelectric substrate. Shimizu discloses at paragraph [0028] that a composite wafer is formed. Shimizu discloses at paragraph [0035] that the substrate has an oxide disposed on the surface. Shimizu discloses at paragraph [0029] that an amorphous layer is present. Shimizu discloses at paragraph [0029] that the layer is 1 to 8 nm thick, which reads on Applicants range of 2nm to 250 nm. Shimizu is silent regarding concentrations of iron, chromium and nickel being present. Shimizu discloses at paragraph [0019] that a lithium tantalate may be used as a substrate.
It would be obvious to one skilled in the art at the time of the filing of the disclosure of Shimizu to select the Applicants composite wafer that forms a prime facie case of obviousness for claims 1-9.
7. Claims 1-10 are rejected under 35 U.S.C. 103 as being unpatentable over (US 2012/0229003 A1) to Ito (hereinafter Ito).
Ito is directed toward wafer devices. Ito discloses at paragraph [0034] that a film layer of silicon nitride may be present. Ito discloses at paragraph [0011] that lithium tantalate is a substrate. Ito discloses at paragraph [0010] that the layer thickness is from 2nm to 25 nm, which reads on Applicants range of 2nm to 250 nm. Ito is silent regarding concentrations of iron, chromium and nickel being present.
It would be obvious to one skilled in the art at the time of the filing of the disclosure of Ito to select the Applicants composite wafer that forms a prime facie case of obviousness for claims 1-10.
Conclusion
8. Any inquiry concerning this communication or earlier communications from the examiner should be directed to JEFFREY D WASHVILLE whose telephone number is (571)270-3262. The examiner can normally be reached M-F 9-5.
9. 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.
10. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Randy Gulakowski can be reached at 571-272-1302. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
11. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JEFFREY D WASHVILLE/ Primary Examiner, Art Unit 1766
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