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 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.
Claim(s) 1, 5 and 10 is/are rejected under 35 U.S.C. 102(a)(1) as being clearly anticipated by Jp 2013136494.
The Jp 2013136494 reference teaches an apparatus for silicon carbide sublimation, note entire reference. The apparatus consists of a crucible with a top and bottom portion, translation page 2. The silicon carbide powder is placed in the bottom portion, translation page 3. There is an upper portion with a cover and defines the reaction space, note translation page 3. The seed is attached to the cover. There is a composite structure on the cover which consists of multiple graphite layers, note figures no 34d and 32g. The seed is attached to the graphite layers.
With regards to claim 5, the Jp 2013136494 reference teaches a support means for the composite on the cover note figure 11 and 12.
With regards to claim 10,the Jp 2013136494 reference teaches using a graphite crucible, note translation page 2.
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.
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jp 2013136494. In view of Qiao (CN 106757321)
The Jp 2013136494 reference is relied on for the same reasons as stated, supra, and differs from the instant claim in the adhesive. However, the Qiao reference teaches using resin adhesives to bond graphite to silicon carbide seeds for sublimation, note translation page 3. It would have been obvious to one of ordinary skill in the art before the filing date of the instant invention to modify the Jp 2013136494 apparatus by the teachings of the Qiao reference to use a resin adhesive in order to ensure that the seed is secure and stable during the process. It is noted, that the Qiao reference teaches resins as set forth in the specification meeting the carbon content.
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jp 2013136494. In view of Qiao (CN 106757321)
The Jp 2013136494 and Qiao references are relied on for the same reasons as stated, supra, and differs from the instant claim in the bonding areas. However, it would have been obvious to one of ordinary skill in the art before the filing date of the instant invention to modify the combined references to bond the graphite on the sides to the support means in order to uniformly bond the graphite and not ruin the smoothness of the layers.
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jp 2013136494. In view of Qiao (CN 106757321)
The Jp 2013136494 and Qiao references are relied on for the same reasons as stated, supra, and differs from the instant claim in the graphite area on the cover. However, it would have been obvious to one of ordinary skill in the art before the filing date of the instant invention to modify the combined references to have the graphite area large which contacts the cover in order to have a larger area of contact preventing movement.
Claims 3, 4. 7 and 9 objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The prior art does not teach nor render obvious the instantly claimed invention. The prior art does not teach the increase in carbon content in the adhesive as claimed and the thread structure of the graphite layers.
Examiner’s Remarks
The remaining references are merely cited of interest as showing the state of the art in silicon carbide sublimation apparatus.
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RMK
/ROBERT M KUNEMUND/Primary Examiner, Art Unit 1714