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 .
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 9 and 10 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. Claim 9 depends from claim 8 which is a device claim which depends from claim 1 which is a method of making. It is unclear as to how much weight should be afforded to the steps of claim 1 when interpreting claims 9 and 10.
Additionally, “Use of indium oxide nanorods for detecting formaldehyde gas according to claim 8, comprising the following steps:” in claim 9 and “Use of indium oxide nanorods for detecting formaldehyde gas according to claim 9” in claim 10 is objected to as being unclear. It is suggested the preambles are amended to a method of using indium oxide nanorods.
Claim Rejections - 35 USC § 102
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 8 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by over Zhang et al. (Zhang et al., Shape-Controllable Synthesis of Indium Oxide Structures: Nanopyramids and Nanorods, 2003, Journal of Materials Research 18, 2793–2798 ).
With respect to claim 8, Zhang et al. teaches indium oxide nanorods prepared according to the method of claim 1 (Page 2794, Experimental B). MPEP 2113 states “[E]ven though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process." In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985)”. Zhang et al. teaches a alumina boat was loaded with a In2 O3 powder and placed in a furnace and heated. After heating, a hazily transparent thin deposition layer of nanorods was found deposited on Si surface (Page 2793-2794: Experimental A & B).
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.
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.
Claims 1-2 and 5-7 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al. (Zhang et al., Shape-Controllable Synthesis of Indium Oxide Structures: Nanopyramids and Nanorods, 2003, Journal of Materials Research 18, 2793–2798 ) in further view of Lieber et al. (JP5297977B2) in further view of Cui et al. (Cui et al., Preparation and characterization of MgO nanorods, 2000, Materials Research Bulletin, Volume 35, Issue 10, Pages 1653-1659) in further view of Huang et al. (CN 102219552 B).
With respect to claim 1, Zhang et al. teaches a method for preparing indium oxide nanorods (Page 2794, Experimental B), comprising the following steps:
S1: placing indium oxide powder in a tube furnace and placing a silicon wafer downstream from the indium oxide powder (Page 2793: Experimental A teaches experiments were performed in a conventional furnace with a horizontal alumina tube where the silicon substrate was put downward on an alumina boat loaded with a In2 O3 powder with a purity of 99.999%; Page 2794: Experimental A teaches the vertical distance between source and silicon substrate was about 5 mm);
S2: introducing argon gas (Page 2793-2794: Experimental A teaches a constant flow of argon with a 99.999% purity); and
S3: adjusting a program to heat up the tube furnace, and then naturally cooling to obtain indium oxide nanorods grown on the surface of the silicon wafer (Page 2793-2794: Experimental A & B teaches the chamber was heated up to 1000 °C with a rate of 20 °C/min for 5-7h, at a 200 sccm constant flow of argon with a purity of 99.999% then the furnace was allowed to cool down. A hazily transparent thin deposition layer of nanorods was found deposited on Si surface).
However, Zhang et al. does not explicitly teach placing indium oxide powder at a central temperature control area of a tube furnace, and then placing a cleaned silicon wafer downstream from the indium oxide powder; S2: evacuating inside the tube furnace, and then continuing to introduce argon gas; and S3: adjusting a program to heat up the central temperature control area of the tube furnace and maintaining it at a temperature.
Lieber et al. is used to remedy this, Lieber et al. teaches a method of preparing metal oxide nanorods (Page 3: Synthesis of metal oxide nanorods). Lieber et al. teaches selecting a metal such as indium for metal oxide nanorod formation (Page 2: paragraph starting with “The nanorod is”). Lieber et al. teaches making metal oxide nanorods in a horizontal tubular furnace batch reactor (Page 3: paragraph starting with “Metal oxide nanorods can”). Lieber et al. teaches metal oxide nanorods can be used to prepare nanostructures with excellent mechanical, electrical, optical and / or magnetic properties (Page 5: paragraph starting with “Metal oxide nanorods can”). Lieber et al. teaches placing the substrate is placed downstream of a metal vapor source (Page 3: paragraph starting with “On the other hand”).
Lieber et al. further teaches placing magnesium oxide powder at a central temperature control area of a tube furnace (Page 6: Example 1a teaches a graphite boat containing the oxide powder was placed in a quartz furnace tube and placed in the center of a horizontal tubular furnace) and
S3: adjusting a program to heat up the central temperature control area of the tube furnace and maintaining it at a temperature (Page 3: paragraph starting with “On the other hand” , a temperature gradient is formed between the metal vapor source and the substrate. The substrate is preferably placed within a 100 ° C temperature gradient of the metal vapor source where the concentration and temperature of the metal vapor is highest. Page 6: Example 1a teaches an embodiment where the furnace was measured at its center point and heated to a set point temperature of 1000-1200 ° C. The center point of the furnace was maintained at the set point temperature for a time depending on the substrate, after which the furnace contents were cooled to room temperature).
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the instant invention to substitute the methods of Zhang et al. of conventional furnace with a horizontal alumina tube to heat the oxide powder and chamber was heated up to 1000 °C with the method of Lieber et al. of placing a graphite boat at the center of a quartz furnace tube and forming a temperature gradient where the center of the furnace is measured, heated to a set point temperature of 1000-1200 ° C and maintained to provide: placing indium oxide powder at a central temperature control area of a tube furnace and adjusting a program to heat up the central temperature control area of the tube furnace and maintaining it at a temperature. The person of ordinary skill of the art would have found it obvious to make the substitution because ordinarily skilled artisans would have predicted that by a graphite boat containing the oxide powder was placed in a quartz furnace tube and heating the center of the furnace to a set, maintained temperature would result in metal oxide nanorods being formed (Page 3: Synthesis of metal oxide nanorods). The skilled artisan would have had a reasonable expectation of success in placing indium oxide powder at a central temperature control area of a tube furnace and adjusting a program to heat up the central temperature control area of the tube furnace and maintaining it at a temperature because Lieber et al. teaches the formation of uniform nanorods (Page 6, Example 2). See MPEP 2143 (I)(B).
However, Modified Zhang et al. does not explicitly teach placing a cleaned silicon wafer downstream from the indium oxide powder; S2: evacuating inside the tube furnace, and then continuing to introduce argon gas.
Cui et al. teaches a method of preparing and characterizing nanorods (Fig 1. And Fig. 2). Cui et al. teaches a powder in horizontal-tube furnace; the reaction chamber is of fused quartz tube (Page 1654, paragraph starting with “The synthesis”). Cui et al. teaches the furnace was heated to 750°C and maintained at this temperature for 1.5 h, then cooling to room temperature gradually. (Page 1654, Experimental). Cui et al. teaches the quartz tube and quartz boat was taken out of the furnace and the synthesized product was ground in a mortar and suspended in ethanol (Page 1654, paragraph starting with “The product”).
Cui et al. further teaches S2: evacuating inside the tube furnace and then continuing to introduce argon gas (Page 1654, Experimental teaches the reaction chamber was flushed three times with argon using a rotary vacuum pump to eliminate O2 from the reaction chamber. Page 1654, Experimental teaches during the overall experiment, 90% pure argon and 10% pure hydrogen was used as the carrier gas at a constant flow rate of 30 sccm).
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the instant invention to modify the methods of Modified Zhang et al. of placing the tube in a furnace to incorporate the teachings of flushing the reaction chamber three times with argon and using argon as a carrier gas at a constant flow rate of 30 sccm throughout the experiment as taught by Cui et al. (Page 1654, Experimental) to provide: evacuating inside the tube furnace and then continuing to introduce argon gas. Doing so, one would have a reasonable expectation of producing metal oxide nanorods (Page 1658, Conclusion). The person of ordinary skill in the art would have found it obvious that evacuating the inside the tube furnace and then continuing to introduce argon gas would result in a predictable improvement of nanorods current densities (Page 1658: Conclusion) See MPEP 2143 (I)(D).
However, Modified Zhang et al. does not explicitly teach placing a cleaned silicon wafer downstream from the indium oxide powder.
Huang et al. teaches a composite In2O3 array-shaped nanostructure semiconductor material of nano structure on a silicon chip (0005). Huang et al. teaches preparing on the silicon wafer composite semiconductor material with In2O3 having a nanostructure (0007). Huang et al. teaches the vertical distance between the silicon sheet and source is 4 mm (0007). Huang et al. teaches an embodiment where the silicon sheet and source is 8 mm (0041). Huang et al. teaches the thermal evaporation process, where the silicon wafer is the silicon sheet (0021).
Huang et al. further teaches placing a cleaned silicon wafer downstream from the indium oxide powder (Paragraph 0032 teaches using indium particles as the source. Paragraph 0015 teaches placing the silicon sheet clean. Paragraph 0021 teaches silicon sheet directly put a certain position on the vertical direction of the source of the airflow downstream of the source).
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the instant invention to substitute the methods of Modified Zhang et al. of placing the silicon substrate downward on an alumina boat loaded with a In2 O3 powder with the method of Lieber et al. that teaches placing the clean silicon wafer downstream of the source to provide: placing a cleaned silicon wafer downstream from the indium oxide powder. The person of ordinary skill of the art would have found it obvious to make the substitution because ordinarily skilled artisans would have predicted that placing the clean silicon sheet downstream from the precursor would result in metal oxide nanorods being formed as a yellow substance on the silicon chip (0020). The skilled artisan would have had a reasonable expectation of success in placing a cleaned silicon wafer downstream from the indium oxide powder because Huang et al. teaches the method is simple (0021). See MPEP 2143 (I)(B).
With respect to claim 2, Modified Zhang et al. teaches all of elements of the current invention as stated above with respect to claim 1. Modified Zhang et al. teaches wherein the indium oxide powder has a purity of 99.99% in step S1 (Page 2793: Experimental A, Zhang teaches experiments were performed in a conventional furnace with a horizontal alumina tube where the silicon substrate was put downward on an alumina boat loaded with a In2 O3 powder with a purity of 99.999%).
With respect to claim 5, Modified Zhang et al. teaches all of elements of the current invention as stated above with respect to claim 1.
Zhang et al. teaches the chamber was heated up to 1000 °C with a rate of 20 °C/min for 5-7h, at a 200 sccm constant flow of argon with a purity of 99.999% then the furnace was allowed to cool down (Page 2793-2794: Experimental A & B).
Zhang et al. does not teach wherein the argon gas is introduced at a flow rate of 25-30 sccm in step S2.
Cui et al. teaches a method of preparing and characterizing nanorods (Fig 1. And Fig. 2). Cui et al. teaches a powder in horizontal-tube furnace; the reaction chamber is of fused quartz tube (Page 1654, paragraph starting with “The synthesis”). Cui et al. teaches the furnace was heated to 750°C and maintained at this temperature for 1.5 h, then cooling to room temperature gradually. (Page 1654, Experimental). Cui et al. teaches the quartz tube and quartz boat was taken out of the furnace and the synthesized product was ground in a mortar and suspended in ethanol (Page 1654, paragraph starting with “The product”).
Cui et al. teaches wherein the argon gas is introduced at a flow rate of 25-30 sccm in step S2 (Page 1654: Experimental, during the overall experiment, argon was used as the carrier gas at a constant flow rate of 30 sccm).
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the instant invention to modify the methods of Modified Zhang et al. of heating the chamber with a constant flow of argon to incorporate the teachings of using argon as a carrier gas at a constant flow rate of 30 sccm throughout the experiment as taught by Cui et al. (Page 1654, Experimental) to provide: wherein the argon gas is introduced at a flow rate of 25-30 sccm in step S2. Doing so, one would have a reasonable expectation of producing metal oxide nanorods (Page 1658, Conclusion). The person of ordinary skill in the art would have found it obvious that evacuating the inside the tube furnace and then continuing to introduce argon gas would result in a predictable improvement of nanorods current densities (Page 1658: Conclusion) See MPEP 2143 (I)(D).
With respect to claim 6, Modified Zhang et al. teaches all of elements of the current invention as stated above with respect to claim 5. Modified Zhang et al. further teaches wherein the argon gas has a purity of 99.9% (Zhang et al., Page 2793-2794: Experimental A teaches a constant flow of argon with a 99.999% purity).
With respect to claim 7, Modified Zhang et al. teaches all of elements of the current invention as stated above with respect to claim 1.
Zhang et al. teaches the chamber was heated up to 1000 °C with a rate of 20 °C/min for 5-7h
Zhang et al. does not teach wherein the program is adjusted to raise the temperature of the central temperature control area of the tube furnace to 1050-1100° C. and maintaining it for 110-120 minutes in step S3.
Lieber et al. is used to remedy this, Lieber et al. teaches a method of preparing metal oxide nanorods (Page 3: Synthesis of metal oxide nanorods). Lieber et al. teaches selecting a metal such as indium for metal oxide nanorod formation (Page 2: paragraph starting with “The nanorod is”). Lieber et al. teaches making metal oxide nanorods in a horizontal tubular furnace batch reactor (Page 3: paragraph starting with “Metal oxide nanorods can”). Lieber et al. teaches metal oxide nanorods can be used to prepare nanostructures with excellent mechanical, electrical, optical and / or magnetic properties (Page 5: paragraph starting with “Metal oxide nanorods can”). Lieber et al. teaches placing the substrate is placed downstream of a metal vapor source (Page 3: paragraph starting with “On the other hand”).
Lieber et al. further teaches wherein the program is adjusted to raise the temperature of the central temperature control area of the tube furnace to 1050-1100° C(Page 3: paragraph starting with “On the other hand” , a temperature gradient is formed between the metal vapor source and the substrate. The substrate is preferably placed within a 100 ° C temperature gradient of the metal vapor source where the concentration and temperature of the metal vapor is highest. Page 6: Example 1a teaches an embodiment where the furnace was measured at its center point and heated to a set point temperature of 1000-1200 ° C. The center point of the furnace was maintained at the set point temperature for a time ranging from 0 to 60 minutes depending on the substrate, after which the furnace contents were cooled to room temperature).
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the instant invention to substitute the methods of Zhang et al. of heating the chamber with the method of Lieber et al. of forming a temperature gradient where the center of the furnace is measured, heated to a set point temperature of 1000-1200 ° C and maintained to provide: wherein the program is adjusted to raise the temperature of the central temperature control area of the tube furnace to 1050-1100° C. The person of ordinary skill of the art would have found it obvious to make the substitution because ordinarily skilled artisans would have predicted that by raising the temperature of the central temperature control area of the tube furnace to 1050-1100° C would result in metal oxide nanorods being formed (Page 3: Synthesis of metal oxide nanorods). The skilled artisan would have had a reasonable expectation of success in heating up the central temperature control area of the tube to a set point temperature of 1000-1200 ° C because Lieber et al. teaches the formation of uniform nanorods (Page 6, Example 2). See MPEP 2143 (I)(B).
However, Modified Zhang et al. does not teach maintaining it for 110-120 minutes in step S3.
Cui et al. teaches a method of preparing and characterizing nanorods (Fig 1. And Fig. 2). Cui et al. teaches a powder in horizontal-tube furnace; the reaction chamber is of fused quartz tube (Page 1654, paragraph starting with “The synthesis”). Cui et al. teaches the quartz tube and quartz boat was taken out of the furnace and the synthesized product was ground in a mortar and suspended in ethanol (Page 1654, paragraph starting with “The product”).
Cui et al. teaches maintaining it for 110-120 minutes in step S3 (Page 1654, Experimental teaches the furnace was heated to 750°C and maintained at this temperature for 1.5 h, then cooling to room temperature gradually).
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the instant invention to modify the method of maintaining the chamber temperature of Modified Zhang et al. to incorporate the teachings of maintaining the temperature for 1.5 has taught by Cui et al. to provide: maintaining it for 110-120 minutes in step S3. The person of ordinary skill in the art would have found it obvious to try because ordinarily skilled artisans would have predicted that maintaining it for 110-120 minutes in step S3, would result in a reasonable expectation of success. MPEP2143 (I)(E).
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al. (Zhang et al., Shape-Controllable Synthesis of Indium Oxide Structures: Nanopyramids and Nanorods, 2003, Journal of Materials Research 18, 2793–2798 ) in further view of Lieber et al. (JP5297977B2) in further view of Cui et al. (Cui et al., Preparation and characterization of MgO nanorods, 2000, Materials Research Bulletin, Volume 35, Issue 10, Pages 1653-1659) in further view of Huang et al. (CN 102219552 B) as applied to claim 1, in further view of Joanni et al. (Joanni et al., Thermal evaporation furnace with improved configuration for growing nanostructured inorganic materials, 2011, Rev. Sci, Instrum, Volume 82, Issue 6, Pages 1-6)
With respect to claim 3, Modified Zhang et al. teaches all of elements of the current invention as stated above with respect to claim 1.
Modified Zhang et al. teaches experiments were performed in a conventional furnace with a horizontal alumina tube where the silicon substrate was put downward on an alumina boat loaded with a In2 O3 powder with a purity of 99.999% (Zhang et al., Page 2793: Experimental A). teaches the vertical distance between source and silicon substrate was about 5 mm (Zhang et al, Page 2794: Experimental A). However, Modified Zhang et al. does not teach wherein the cleaned silicon wafer is placed at a position of 10-15 cm downstream from the indium oxide powder in step S1.
Joanni et al. teaches a tubular furnace specifically designed for growing inorganic nanostructures (Page 3: System Operations). Joanni et al. teaches a furnace tube was then heated to from 900-1050 degrees (Page 4: Synthesis of semiconducting oxide nanowires and configuration of the gas sensors). Joanni et al. teaches the deposition of indium oxide nanostructures using indium oxide powders (Page 4: Synthesis of semiconducting oxide nanowires and configuration of the gas sensors).
Joanni et al. further teaches the source-substrate distance was adjusted between 8 and 13.5 cm and therefore fails to teach a position of 10-15 cm. However, 8-13.5 cm overlaps with applicants claimed range of 10-15 cm.
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the instant invention to modify the distance of 10-15 cm of Modified Zhang et al. to incorporate the teachings of adjusting the source-substrate distance of 8- 13.5 cm as taught by Joanni et al. to provide: wherein the cleaned silicon wafer is placed at a position of 10-15 cm downstream from the indium oxide powder in step S1 through routine experimentation (see MPEP 2144.05 (II)). Doing so would utilize known variation of source-substance distance as discussed by Joanni et al. Because Modified Zhang et al. teaches a thermal evaporation method of indium oxide powder for nanostructures, a prima facie case of obviousness exists. The person of ordinary skill in the art would have found it obvious to try because ordinarily skilled artisans would have predicted that wherein the cleaned silicon wafer is placed at a position of 10-15 cm downstream from the indium oxide powder in step S1, would result in a reasonable expectation of success. MPEP2143 (I)(E).
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al. (Zhang et al., Shape-Controllable Synthesis of Indium Oxide Structures: Nanopyramids and Nanorods, 2003, Journal of Materials Research 18, 2793–2798 ) in further view of Lieber et al. (JP5297977B2) in further view of Cui et al. (Cui et al., Preparation and characterization of MgO nanorods, 2000, Materials Research Bulletin, Volume 35, Issue 10, Pages 1653-1659) in further view of Huang et al. (CN 102219552 B) as applied to claim 1, in further view of Dai et al. (Dai et al., Novel Nanostructures of Functional Oxides Synthesized by Thermal Evaporation, 2003, Advanced Functional Materials, Volume 13, Issue 1, Pages 9-24).
With respect to claim 4, Modified Zhang et al. teaches all of elements of the current invention as stated above with respect to claim 1.
Modified Zhang et al. further teaches experiments were performed in a conventional furnace with a horizontal alumina tube where the silicon substrate was put downward on an alumina boat loaded with a In2 O3 powder with a purity of 99.999% (Cui et al., Page 2793: Experimental A). Modified Zhang et al. further teaches wherein the argon gas is introduced at a flow rate of 25-30 sccm in step S2 (Page 1654: Experimental, Cui et al. teaches during the overall experiment, argon was used as the carrier gas at a constant flow rate of 30 sccm. Cui et al., teaches the reaction chamber was flushed three times with argon using a rotary vacuum pump to eliminate O2 from the reaction chamber (Page 1654, Experimental A). However, Modified Zhang et al. does not teach wherein the inside of the tube furnace is evacuated to 20-50 Pa in step S2.
Dai et al. teaches condensed or powder source material vaporized at an elevated temperature and the resultant vapor phase condense under certain conditions in a tube furnace (Page 9-10: paragraph starting with ”In principle”). Dai et al. thermal evaporation was conducted at a certain temperature for 2 h (Page 11-12: paragraph starting with “There are several”). Dai et al. teaches an argon carrier gas flow of 50 sccm (Page 11-12: paragraph starting with “There are several”). Dai et al. teaches there are several processing parameters, such as temperature, pressure, carrier gas (including gas species and its flowrate), substrate, and evaporation time period, that can be controlled and need to be selected properly before and/or during the thermal evaporation (Page 11: paragraph starting with “There are). The choice of source temperature mainly depends on volatility of source material (Page 11: paragraph starting with “There are”). Dai et al. also teaches that the thermal evaporation process is very sensitive to the concentration of oxygen in the growth system (Page 11: paragraph starting with “There are. Oxygen influences not only the volatility of the source material and the stoichiometry of the vapor phase but also formation of product(Page 11: paragraph starting with “There are”).
Dai et al. teaches the inside of the tube furnace is evacuated to~ 2 x10-3 torr, thermal evaporation was conducted at a certain temperature for 2 h (Page 9-10: paragraph starting with ”In principle”).
MPEP 2144.05(II)(A) states that “[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation."
Thus, differences in pressure will not support the patentability of subject matter encompassed by the prior art unless there is evidence indicating such concentration or temperature is critical. Therefore, it would have been obvious to one skilled in the art to have modified the step S2 of modified Zhang et al. to provide: wherein the inside of the tube furnace is evacuated to 20-50 Pa in step S2. It would have been obvious to one skilled in the art to make the modification because Modified Zhang et al. teaches functional oxides synthesized by thermal evaporation and that the oxides can be used for fabrication of nanodevices such as field-effect transistors and gas sensors (Abstract and conclusion). Additionally, the skilled artisan would have had a reasonable expectation of success of forming indium oxide nanorods because Dai et al. teaches forming nanostructures after evacuating the tube furnace to~ 2 x10-3 torr (Page 9-10: paragraph starting with ”In principle”).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al. (Zhang et al., Shape-Controllable Synthesis of Indium Oxide Structures: Nanopyramids and Nanorods, 2003, Journal of Materials Research 18, 2793–2798) as applied to claim 8, in further view of Wang et al. (Wang et al., One-Step Synthesis of Co-Doped In2O3 Nanorods for High Response of Formaldehyde Sensor at Low Temperature, 2018, ACS Sens., Volume 3 Issue 2, Pages 468-475) in further view Andhika et al. (Andhika et al. , The Structural Characteristics of Carbon Nanoparticles Produced by Arc Discharge in Toluene Without Added Catalyst or Gases Joint Journal of Novel Carbon Resource Sciences & Green Asia Strategy, Vol. 07, Issue 03, Pages 1-13) in further view of Atashbar et al. (Atashbar et al., "Room temperature gas sensor based on metallic nanowires." Sensors and Actuators B: Chemical 111 (2005): 13-21).
With respect to claim 9, Modified Zhang et al. indium oxide nanorods for detecting formaldehyde gas according to claim 8 (see above claim 8).
Zhang et al. teaches making indium oxide nanorods (Page 2794, Experimental B). Zhang et al. teaches using indium powder as the source (Page 2794, Experimental B). Zhang et al. teaches characterizing indium oxide nanorods and nanopyramids on the wafer and monitoring the emission current (Page 2794: Characterization). Zhang et al. teaches characterizing indium oxide on a silicon wafer (Page 2796: In a word”). Modified Zhang et al. teaches facilitating the use of indium oxide nanorods in building high sensitivity gas sensors (Page 2797: Conclusion).
However, Modified Zhang et al. does not teach use of indium oxide nanorods for detecting formaldehyde gas according to claim 8, comprising the following steps: (1) scraping the indium oxide nanorods into ethanol to obtain a suspension and dripping the resulting suspension onto a new silicon wafer; and (2) using a tungsten wire to evenly wrap the surface of the silicon wafer obtained in step (1), depositing a metal film on the surface of the silicon wafer attached by indium oxide nanorods wrapped with the tungsten wire, and removing the tungsten wire to obtain the indium oxide nanorod formaldehyde gas sensor for formaldehyde gas detection.
Wang et al. teaches a method of making a formaldehyde gas sensor device (Page 469, paragraph starting with “Herein”). Wang et al. teaches synthesizing pure and CO-doped indium nanorods (Page 469: Synthesis). Wang et al. teaches characterizing pure and CO-doped indium nanorods (Page 469: Characterizations).
Wang et al. further teaches Use of indium oxide nanorods for detecting formaldehyde gas (Page 469: Gas Sensoring Measurements), comprising the following steps: 1) scraping the indium oxide nanorods into ethanol to obtain a suspension and dripping the resulting suspension onto a substrate (Page 469: Experimental Section, Gas Sensing Measurements teaches for the synthesis of gas sensing materials, an appropriate amount of as-fabricated samples of pure indium oxide and CO-doped indium oxide nanorods were mixed with ethanol to make a homogeneous paste. Page 469: Experimental Section, Gas Sensing Measurements teaches the solution was dripped on commercial ceramic substrates);
and obtaining the indium oxide nanorod formaldehyde gas sensor for formaldehyde gas detection (Page 470: Gas Sensing Properties teaches the obtained sensors were placed into the test chamber, where different concentrations of tested gas. Page 470: Gas Sensing Properties teaches gas responses of In2O3 and Co doped In2O3 to 10 ppm of HCHO were investigated).
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the instant invention to modify the methods of Zhang et al. of building high sensitivity gas sensors using indium nanorods to incorporate the teachings of using indium oxide nanorods for the detection of formaldehyde gas sensors, mixing with ethanol and dropping it onto a commercial ceramic substrates and obtaining a indium nanorod sensor for formaldehyde detection as taught by Wang et al., to provide: Use of indium oxide nanorods for detecting formaldehyde gas according to claim 8, comprising the following steps: 1) the indium oxide nanorods into ethanol to obtain a suspension and dripping the resulting suspension onto a substrate and obtaining the indium oxide nanorod formaldehyde gas sensor for formaldehyde gas detection. The person of ordinary skill of the art would have found it obvious to make the combination because ordinarily skilled artisans would have predicted that by using indium oxide nanorods to make a formaldehyde gas sensor would result in the sensors response having a good linear relationship with the concentration of HCHO varying from 1 to 20 ppm (Page 470-471: paragraph starting with “The working temperature”). The skilled artisan would have had a reasonable expectation of success in using indium oxide nanorods to make a formaldehyde gas sensor because Zhang et al. teaches high sensitivity gas sensors and Wang et al. teaches pure and Co-indium oxide nanorods being used for sensoring formaldehyde producing a higher response than then other gases (Figure 7). See MPEP 2143 (I)(A).
However, Modified Zhang et al. does not teach explicitly 1) scraping the indium oxide nanorods and (2) using a tungsten wire to evenly wrap the surface of the silicon wafer obtained in step (1), depositing a metal film on the surface of the silicon wafer attached by indium oxide nanorods wrapped with the tungsten wire, and removing the tungsten wire to obtain the indium oxide nanorod formaldehyde gas sensor for formaldehyde gas detection.
Andhika et al. teaches investigating carbon nanoparticles by synthesis (Page 1: paragraph starting with “To this end”). Andhika et al. teaches that carbon nanoparticles can be used in material science and nanodevices (Page 1: paragraph starting with “Carbon nanoparticles”).
Andhika et al. teaches 1) scraping (Abstract teaches collecting nanoparticles by scraping
Therefore, it would have been obvious to one of ordinary skill in the art prior to the
effective filing date of the instant invention to substitute the methods of Modified Zhang et al.
of building high sensitivity gas sensors using indium nanorods to incorporate the teachings of scraping the nanorods as taught by Andhika et al. et al. to provide: teaches 1) scraping the indium oxide nanorods. The person of ordinary skill of the art would have found it obvious to make the modification because ordinarily skilled artisans would have predicted that by scraping the powder from the substrate would result in a the nanorods being used to make a gas sensor (Page 11: Conclusion)See MPEP 2143 (I)(B).
However, Modified Zhang et al. does not teach (2) using a tungsten wire to evenly wrap the surface of the silicon wafer obtained in step (1), depositing a metal film on the surface of the silicon wafer attached by indium oxide nanorods wrapped with the tungsten wire, and removing the tungsten wire
Atashbar et al. teaches room temperature gas sensors ( Page 25: Catalytic chemical vapor deposition). Atashbar et al. teaches characterization of synthesized nanowires (Page 84: paragraph starting with “In order”).
Atashbar et al. teaches (2) using a tungsten wire to evenly wrap the surface of the silicon wafer obtained in step (1), depositing a metal film on the surface of the silicon wafer attached by indium oxide nanorods wrapped with the tungsten wire, and removing the tungsten wire (Page 14: paragraph starting with “ In order” teaches to study the electrical properties and measure sensor response of the transferred nanowires, silver electrodes were patterned using shadow-masking approach. A tungsten wire (Sylvania) of 60 µm diameter was wrapped around the polystyrene film to mask the area of the nanowires. Silver was evaporated in a vacuum chamber onto the polystyrene film. The tungsten wire mask was subsequently removed on completion of the evaporation.)
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the instant invention to modify the methods of Modified Zhang et al. of making a gas sensor using indium oxide nanorods to incorporate the teachings of using a tungsten wire to wrap the substrate to mask the area and pattern silver electrode onto the substrate as taught by Atashbar et al. to provide: 2) using a tungsten wire to evenly wrap the surface of the silicon wafer obtained in step (1), depositing a metal film on the surface of the silicon wafer attached by indium oxide nanorods wrapped with the tungsten wire, and removing the tungsten wire. Doing so would have resulted in a reasonable of success because Atashbar et al. teaches making a sensor to detect gas and studying the electrical properties (Page 14: paragraph starting with “ In order” ). MPEP2143 (I)(E).
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al. (Zhang et al., Shape-Controllable Synthesis of Indium Oxide Structures: Nanopyramids and Nanorods, 2003, Journal of Materials Research 18, 2793–2798 ) in further view of Wang et al. (Wang et al., One-Step Synthesis of Co-Doped In2O3 Nanorods for High Response of Formaldehyde Sensor at Low Temperature, 2018, ACS Sens., Volume 3 Issue 2, Pages 468-475) in further view Andhika et al. (Andhika et al. , The Structural Characteristics of Carbon Nanoparticles Produced by Arc Discharge in Toluene Without Added Catalyst or Gases Joint Journal of Novel Carbon Resource Sciences & Green Asia Strategy, 2020, Vol. 07, Issue 03, Pages 1-13) in further view of Atashbar et al. (Atashbar et al., "Room temperature gas sensor based on metallic nanowires." Sensors and Actuators B: Chemical 111 (2005): 13-21) as applied to claim 9, in further view of Lundstroem (WO9958964A1) in further view of Mancini et al. (TW1285396B).
With respect to claim 10, Modified Zhang et al. teaches all of elements of the current invention as stated above with respect to claim 9. Modified Zhang et al. further teaches Use of indium oxide nanorods for detecting formaldehyde gas (Wang et al., Page 469: Gas Sensoring Measurements). Modified Zhang et al. does not teach wherein in step (2), the tungsten wire has a diameter, the metal film has a thickness of 50-60 nm, and the metal film material is selected from any one of titanium, gold, and copper.
Lundstroem et al. teaches manufacturing a catalytic field effect sensor (Section 2: Line 13). Lundstroem et al. teaches the gas sensor including a semiconductor substrate (Section 6: Line 26). Lundstroem et al. teaches that an insulating layer can be applied to the semiconductor (Section 2: Line 30).
Lundstroem et al. teaches the metal film has a thickness of 50-60 nm (Section 3: Line 3 teaches a field-effect gas sensor is fabricated by depositing a thin conducting layer onto a semiconducting substrate which has been given a suitable morphology by utilizing a naturally obtained morphology resulting from, e.g., an etching process or a deposition technique. Section 2:Line 28 teaches a thin layer given by using masking techniques. Section 3: Line 5 teaches the conducting layer can consist of catalytic metals in which case any semiconductor can be used. Section 4: Line 27 teaches the thin conducting film having a thickness typically 100-1000 A, on top of the surface resulting from the above process leaving the protrusions covered by resist. Section 4: Line 24 teaches after the deposition of the conducting film; the resist is dissolved using a suitable solvent such that the metal above the resist is removed).
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the instant invention to modify the methods of Modified Zhang et al. of building high sensitivity gas sensors to incorporate the teachings of creating a field-effect gas sensor by depositing a thin conducting layer onto a semiconducting substrate that contains an etched insulator as taught by Lundstroem et al. to provide: depositing a metal film on the surface of the silicon wafer attached by indium oxide nanorods wrapped with the tungsten wire, and removing the tungsten wire. The person of ordinary skill of the art would have found it obvious to make the modification because ordinarily skilled artisans would have predicted that by applying an insulator to a semiconductor substrate and depositing a conductive film after etching would result in a reproducible gas sensitivity since the structure and porosity of conducting layer is defined (Section 5: 29). The skilled artisan would have had a reasonable expectation of success in using indium oxide nanorods to make a formaldehyde gas sensor because Modified Zhang et al. teaches high sensitivity gas sensor using indium oxide nanorods and Lundtroem et al. teaches a field-effect gas sensor when a thin film is deposited to a semiconducting substrate with an insulating layer (Section 3: Line 1). See MPEP 2143 (I)(A).
However, Modified Zhang et al. does not teach wherein in step (2), the tungsten wire has a diameter and the metal film material is selected from any one of titanium, gold, and copper.
Mancini et al. teaches a method where a lithography stencil is used for form a uniform pattern on a substrate (Page 9: paragraph starting with “1285396 (18)”). Mancini et al. teaches the disclosed substrate 12 is composed of a transparent or translucent material (Page 9: paragraph starting with “Embodiments A”). Mancini et al. teaches a pattern layer 16 was formed (Page 5: paragraph starting with “FOX-15®”). Mancini et al. teaches a 'charge dissipating layer 2' is formed on the surface 18 on which the pattern layer 16 is formed (Page 5: paragraph starting with “FOX-15®”). Mancini et al. teaches the typically formed pattern layer 16 has a thickness between 1 Å and 500 nm (Page 5: paragraph starting with “1285396 Type”).
Mancini et al. further teaches and the metal film material is selected from any one of titanium, gold, and copper (Page 5: paragraph starting with “FOX-15®” teaches the general disclosed charge-dissipating layer can have a thickness in the range of 1-1000 nm. Page 6: paragraph starting with “1285396 (11) ” teaches the disclosed charge dissipation layer 20 is composed of a conductor such as aluminum , copper or titanium).
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the instant invention to modify the methods of Modified Zhang et al. of building high sensitivity gas sensors to incorporate the teachings of forming a uniform pattern and forming the charge-dissipating layer having a thickness in the range of 1-1000 nm and being composed of a conductor such as aluminum , copper or titanium as taught by Mancini et al. to provide: the metal film material is selected from any one of titanium, gold, and copper. The person of ordinary skill of the art would have found it obvious to make the modification because ordinarily skilled artisans would have predicted that by applying a lithographic stencil and depositing a charge dissipation layer of copper or titanium would result in improved inspection properties of the device (Page 9: paragraph starting with “1285396 〇6”). The skilled artisan would have had a reasonable expectation of success in the metal film material is selected from any one of titanium, gold, and copper because Modified Zhang et al. teaches indium oxide nanorods for gas sensoring and Mancini et al. teaches fabricating a semiconductor device (Page 3: paragraph starting with “The shadow”). See MPEP 2143 (I)(A).
Modified Zhang et al. does not teach wherein in step (2), the tungsten wire has a diameter of 15-20 μm.
However, Modified Zhang et al. teaches a tungsten wire (Sylvania) of 60 µm diameter was wrapped around the polystyrene film to mask the area of the nanowires (Atashbar et al., Page 14: paragraph starting with “ In order”).
MPEP 2144.05(II)(A) states that “[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation."
Thus, differences in pressure will not support the patentability of subject matter encompassed by the prior art unless there is evidence indicating such concentration or temperature is critical. Therefore, it would have been obvious to one skilled in the art to use tungsten wire with a diameter of 15-20 μm because Modified Zhang et al. teaches measuring electrical properties for sensor response (Conclusion).
Conclusion
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/S.J.B./Examiner, Art Unit 1758
/MARIS R KESSEL/Supervisory Patent Examiner, Art Unit 1758
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