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 without traverse of Claims 1-17 in the reply filed on 05 DEC 2025 is acknowledged. However, upon further consideration, Examiner withdraws the previous restriction requirement. Claims 1-20 are pending examination at this time. In view of the withdrawal of the restriction requirement, applicant(s) are advised that if any claim presented in a divisional application is anticipated by, or includes all the limitations of, a claim that is allowable in the present application, such claim may be subject to provisional statutory and/or nonstatutory double patenting rejections over the claims of the instant application. Once the restriction requirement is withdrawn, the provisions of 35 U.S.C. 121 are no longer applicable. See In re Ziegler, 443 F.2d 1211, 1215, 170 USPQ 129, 131-32 (CCPA 1971). See also MPEP § 804.01.
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) 1-11, 14-15 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhamu ‘052 (U.S. PGPub 2018/0183052) in view of Visco ‘386 (U.S. PGPub 20080057386).
Claim 1 – Zhamu ‘052 teaches a composition comprising a precursor and a liquid solvent (Zhamu ‘052 discloses a liquid solvent as part of an electrolyte solution, said liquid solvent being chosen from ionic liquids, at PG 0126-0130. Combinations of anions and cations sufficient to make room temperature ionic liquids are disclosed at PG 0129, e.g. tetraalkylammonium and tetrachloroaluminum).
Zhamu ‘052 does not expressly disclose that the room temperature ionic liquids enabled therein have the required maximum vapor pressure. Zhamu ‘052 also does not expressly disclose a precursor in the solution commensurate with the claims.
Visco ‘386 is drawn to ionically conductive membranes for use in active metal batteries, e.g. lithium-sulfur batteries (PG 0042). Visco ‘382 teaches that borazine is a useful inclusion in lithium-sulfur batteries for its capability to react with the active metal electrode, e.g. lithium, to produce a chemically stable material against the active electrode which still possesses desired ionic conductivity (PG 0046). Therefore, it would have been obvious to a person having ordinary skill in the art at the time the invention was made or filed to have modified the invention of Zhamu ‘052 to include borazine in the electrolyte composition thereof as suggested by Visco ‘386, as both references are drawn to the formation of lithium-sulfur batteries and Visco ‘386 discloses advantageous properties derived from the presence of borazine in this type of battery.
As regards the specific material properties required of the precursor (borazine) and the solvent (ionic liquid), all materials presently used in the present rejection are materials disclosed to be commensurate with the required specific material properties. Examiner finds a prima facie case of obviousness that the cited material properties are present in the combined material disclosed by the prior art, as a material and its properties are inseparable and all cited materials are asserted by Applicant to have commensurate material properties with the claims.
Claim 2 – Zhamu ‘052 / Visco ‘386 renders obvious the composition according to claim 1 wherein the solvent comprises an ionic liquid (Zhamu ‘052 PG 0129).
Claim 3 – Zhamu ‘052 / Visco ‘386 renders obvious the composition according to claim 2 wherein the ionic liquid comprises a cation selected from
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wherein x is 0 or 1, and wherein R1, R2, R3, and R4 are independently selected from a hydrocarbyl (Zhamu ‘052 recites tetraalkylammonium, di- and trialkylimidazolium, alkylpyridinium, dialkyl-pyrrolidinium, dialkylpiperidinium, tetraalkylphosphonium, and trialkylsulfonium at PG 0129; this corresponds to i), ii), iii), iv) (x=0), iv) (x=1), v), and vi) respectively; unsubstituted alkyls are hydrocarbyls).
Claim 4 – Zhamu ‘052 / Visco ‘386 renders obvious the composition according to claim 2 wherein the ionic liquid comprises an anion selected from CF3CO2-, N(CN)2-, C(CN3)3-, SeCN-, CuCl2, and AlCl4- (Zhamu ‘052 PG 0129).
Claim 5 – Zhamu ‘052 / Visco ‘386 renders obvious the composition according to claim 2 wherein the ionic liquid comprises an anion, the anion being selected from a boron-containing anion, a phosphorous-containing anion, and a sulphur-containing anion (Zhamu ‘052 PG 0129).
Claim 6 – Zhamu ‘052 / Visco ‘386 renders obvious the composition according to claim 2 comprising a boron-containing anion, the boron-containing anion being selected from a list consisting of BF4-, B(CN4)-, CH3BF3-, CH2CHBF3-, CF3BF3-, C2F5BF3-, n-C3F7BF3-, and n-C4F9BF3- (Zhamu ‘052 PG 0129).
Claim 7 – Zhamu ‘052 / Visco ‘386 renders obvious the composition according to claim 2 comprising a phosphorous-containing anion, the phosphorous-containing anion being selected from PF6- (Zhamu ‘052 PG 0129).
Claim 8 – Zhamu ‘052 / Visco ‘386 renders obvious the composition according to claim 2 comprising a sulphur-containing anion, the sulphur-containing anion being selected from a list consisting of CF3SO3-, N(SO2CF3)2-, N(COCF3)(SO2CF3)-, N(SO2F)2-, and SCN- (Zhamu ‘052 PG 0129).
Claim 9 – Zhamu ‘052 / Visco ‘386 renders obvious the composition according to claim 2 wherein the ionic liquid has a formula according to formula
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wherein R1 and R2 are hydrocarbyls (Zhamu ‘052 PG 0129, dialkylimidazolium and N(SO2CF3)2- both disclosed).
Claim 10 – Zhamu ‘052 / Visco ‘386 renders obvious the composition according to claim 9 wherein R1 and R2 are alkyls (Zhamu ‘052 PG 0129, dialkylimidazolium).
Claim 11 – Zhamu ‘052 / Visco ‘386 renders obvious the composition according to claim 10 wherein R1 is methyl and R2 is ethyl (Zhamu ‘052 PG 0129, dialkylimidazolium; methyl and ethyl are the two simplest alkyls so selection thereof is held as prima facie obvious in the absence of unexpected results derived from the selection.
Claim 14 – Zhamu ‘052 / Visco ‘386 renders obvious the composition according to claim 1 wherein the precursor comprises a heterocyclic compound (Visco ‘386 PG 0046, borazine).
Claim 15 – Zhamu ‘052 / Visco ‘386 renders obvious the composition according to claim 1 wherein the precursor comprises a heterocyclic compound, and wherein the heterocyclic compound comprises one or more bonds selected from a boron-nitrogen bond (Visco ‘386 PG 0046, borazine).
Claim 17 – Zhamu ‘052 / Visco ‘386 renders obvious the composition according to claim 15 wherein the heterocyclic compound is borazine or a borazine derivative (Visco ‘386 PG 0046, borazine).
Claim(s) 12-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhamu ‘052 / Visco ‘386 as applied to claim 1 above, and further in view of Paine ‘295 (U.S. Patent 5,204,295).
Claim 12 – Zhamu ‘052 / Visco ‘386 renders obvious the composition according to claim 1, but does not fairly teach or suggest wherein the solvent comprises a liquid polymer. Paine ‘295 is drawn to borazine compositions for forming e.g. boron nitride coatings (Abstract) and teaches that polyether compounds are known solvents for borazine derivatives (Column 7 Lines 20 – 37). Therefore, it would have been obvious to a person having ordinary skill in the art at the time the invention was made or filed to have modified the invention of Zhamu ‘052 / Visco ‘386 to include e.g. polyethers in the borazine composition as suggested by Paine ‘295, as Zhamu ‘052 / Visco ‘386 want to form stable solutions comprising borazine and Paine ‘295 teaches solvents known for the purpose.
Claim 13 – Zhamu ‘052 / Visco ‘386 / Paine ‘295 renders obvious the composition according to claim 12 wherein the liquid polymer is a polyether (Paine ‘295 Column 7 Lines 20-24).
Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhamu ‘052 / Visco ‘386 as applied to claim 15 above, and further in view of Ahn ‘675 (U.S. PGPub 2018/0200675).
Claim 16 – Zhamu ‘052 / Visco ‘386 renders obvious the composition according to claim 15, but does not fairly teach or suggest wherein the heterocyclic compound further comprises a silicon-silicon bond. Ahn ‘675 is drawn to removing volatile compounds from emulsions (Abstract) and discloses that in solutions comprising ionic liquids, cyclosilanes are known additives to help remove volatile compounds (PG 0086). Ahn ‘675 also renders obvious alkylated cyclosilanes in the same paragraph. Therefore, it would have been obvious to a person having ordinary skill in the art at the time the invention was made or filed to have modified the invention of Zhamu ‘052 / Visco ‘386 to include e.g. alkylated cyclosilanes in the borazine composition as suggested by Ahn ‘675, as Zhamu ‘052 / Visco ‘386 teach an electrolyte compound that depends on purity to maintain its potency over time and Ahn ’675 teaches that e.g. alkylated cyclosilanes are known compounds to remove volatile compounds from compositions. Cyclosilanes have silicon-silicon bonds as the cyclo structure and the alkylation yields silicon-carbon bonds, commensurate with both Claims 15 and 16.
Claim(s) 18 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kitada ‘851 (U.S. PGPub 2007/0045851) / Uhlenbrock ‘187 (U.S. PGPub 2001/0045187), and further in view of Zhamu ‘052 / Visco ‘386 as applied to claim 1 above.
Claim 18 – Zhamu ‘052 / Visco ‘386 renders obvious the composition according to claim 1, but does not fairly teach or suggest a method of storing a precursor in a precursor vessel, the method comprising:
providing a precursor vessel comprising a composition according to claim 1; and,
maintaining the composition at a temperature of at least 10°C to at most 50°C for a duration of at least one week to at most one year.
Kitada ‘851 is drawn to manufacturing methods for semiconductor devices (Title, PG 0003) inclusive of the formation of e.g. adhesion layers made of e.g. boron (PG 0070). PG 0071 discloses that borazine is a known precursor of boron and that the adhesion layers may be performed by a CVD process.
Uhlenbrock ‘187 is drawn to CVD methods and apparatuses (Title, Abstract, e.g. Figure 1, PG 0011, PG 0034-0044 broadly). Uhlenbrock ‘187 specifically focuses on CVD precursor solutions wherein a deposition precursor is dissolved in an ionic liquid (PG 0028). Notably, the ionic liquid components discussed in PG 0012 – PG 0023 share multiple commonalities with the ionic liquid components discussed at Zhamu ‘052 PG 0129.
Therefore, it would have been obvious to a person having ordinary skill in the art at the time the invention was made or filed to have modified the invention of Kitada ‘851 to utilize the CVD apparatus of Uhlenbrock ‘187 for the CVD process of Kitada ‘851, and further to use the composition described by Zhamu ‘052 / Visco ‘386 as the precursor source for the CVD process of Kitada ‘851. Kitada ‘851 wants to perform CVD processes to form adhesion layers from borazine; Uhlenbrock ‘187 discloses a particular CVD apparatus which preferably utilizes precursor solutions comprising ionic liquids; Zhamu ‘052 / Visco ‘386 render obvious an ionic liquid solution comprising borazine which is broadly compatible with the ionic liquids disclosed in Uhlenbrock ‘187.
In the combination, the precursor solution is disposed in element 42 of Uhlenbrock ‘187 (PG 0036). Thermal control of the precursor solution is disclosed in PG 0036; a desirable property of the precursor solution is that it is liquid at ambient temperatures (PG 0030). Selection of appropriate storage conditions for the precursor solution are held as prima facie obvious in the absence of unexpected results derived from the selection.
Claim 20 – Zhamu ‘052 / Visco ‘386 renders obvious the composition according to claim 1, but does not fairly teach or suggest a precursor vessel comprising a container and a composition according to claim 1.
Kitada ‘851 is drawn to manufacturing methods for semiconductor devices (Title, PG 0003) inclusive of the formation of e.g. adhesion layers made of e.g. boron (PG 0070). PG 0071 discloses that borazine is a known precursor of boron and that the adhesion layers may be performed by a CVD process.
Uhlenbrock ‘187 is drawn to CVD methods and apparatuses (Title, Abstract, e.g. Figure 1, PG 0011, PG 0034-0044 broadly). Uhlenbrock ‘187 specifically focuses on CVD precursor solutions wherein a deposition precursor is dissolved in an ionic liquid (PG 0028). Notably, the ionic liquid components discussed in PG 0012 – PG 0023 share multiple commonalities with the ionic liquid components discussed at Zhamu ‘052 PG 0129.
Therefore, it would have been obvious to a person having ordinary skill in the art at the time the invention was made or filed to have modified the invention of Kitada ‘851 to utilize the CVD apparatus of Uhlenbrock ‘187 for the CVD process of Kitada ‘851, and further to use the composition described by Zhamu ‘052 / Visco ‘386 as the precursor source for the CVD process of Kitada ‘851. Kitada ‘851 wants to perform CVD processes to form adhesion layers from borazine; Uhlenbrock ‘187 discloses a particular CVD apparatus which preferably utilizes precursor solutions comprising ionic liquids; Zhamu ‘052 / Visco ‘386 render obvious an ionic liquid solution comprising borazine which is broadly compatible with the ionic liquids disclosed in Uhlenbrock ‘187.
In the combination, the precursor solution is disposed in element 42 of Uhlenbrock ‘187 (PG 0036). The vessel of Uhlenbrock ‘187 with the precursor solution of Zhamu ‘052 / Visco ‘386 inside is commensurate with the claim limitations as presented.
Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kitada ‘851 / Uhlenbrock ‘187 / Antonelli ‘694 (U.S. PGPub 2011/0244694), and further in view of Zhamu ‘052 / Visco ‘386 as applied to claim 1 above.
Claim 19 – Zhamu ‘052 / Visco ‘386 renders obvious the composition according to claim 1, but does not fairly teach or suggest a system comprising a reaction chamber, a substrate handling system, a precursor source, and a controller; wherein
the precursor source comprises a composition according to claim 1; and,
the controller is arranged for causing the system to provide a vapor to the reaction chamber, the vapor comprising the precursor comprised in the composition.
Kitada ‘851 is drawn to manufacturing methods for semiconductor devices (Title, PG 0003) inclusive of the formation of e.g. adhesion layers made of e.g. boron (PG 0070). PG 0071 discloses that borazine is a known precursor of boron and that the adhesion layers may be performed by a CVD process.
Uhlenbrock ‘187 is drawn to CVD methods and apparatuses (Title, Abstract, e.g. Figure 1, PG 0011, PG 0034-0044 broadly). Uhlenbrock ‘187 specifically focuses on CVD precursor solutions wherein a deposition precursor is dissolved in an ionic liquid (PG 0028). Notably, the ionic liquid components discussed in PG 0012 – PG 0023 share multiple commonalities with the ionic liquid components discussed at Zhamu ‘052 PG 0129.
Therefore, it would have been obvious to a person having ordinary skill in the art at the time the invention was made or filed to have modified the invention of Kitada ‘851 to utilize the CVD apparatus of Uhlenbrock ‘187 for the CVD process of Kitada ‘851, and further to use the composition described by Zhamu ‘052 / Visco ‘386 as the precursor source for the CVD process of Kitada ‘851. Kitada ‘851 wants to perform CVD processes to form adhesion layers from borazine; Uhlenbrock ‘187 discloses a particular CVD apparatus which preferably utilizes precursor solutions comprising ionic liquids; Zhamu ‘052 / Visco ‘386 render obvious an ionic liquid solution comprising borazine which is broadly compatible with the ionic liquids disclosed in Uhlenbrock ‘187.
In the combination, Uhlenbrock ‘187 discloses a system comprising a reaction chamber (PG 0034, process (deposition) chamber 10), a substrate handling system (PG 0035, electrical resistance 18 on which substrate 16 is mounted), and a precursor source (PG 0036, vessel 42).
Antonelli ‘694 is drawn to CVD deposition processes of boron containing films (Abstract, PG 0015) and apparatuses related thereto (PG 0039). The apparatus disclosed thereafter comprises a system controller (PG 0045-0050) to control all reactor activities (PG 0046). Therefore, it would have been obvious to a person having ordinary skill in the art at the time the invention was made or filed to have modified the invention of Kitada ‘851 / Uhlenbrock ‘187 / Zhamu ‘052 / Visco ‘386 to incorporate the reactor controller of Antonelli ‘691, as Kitada ‘851 / Uhlenbrock ‘187 want to supply CVD precursors to a reactor chamber and Antonelli ‘694 discloses controllers suitable for enabling said supply of CVD precursors.
Conclusion
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/MICHAEL G MILLER/ Primary Examiner, Art Unit 1712