Prosecution Insights
Last updated: April 19, 2026
Application No. 18/508,446

SINTERED BODY AND COMPONENT PART INCLUDING SAME

Non-Final OA §102§103
Filed
Nov 14, 2023
Examiner
AMEEN, MOHAMMAD M
Art Unit
1742
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Solmics Co. Ltd.
OA Round
1 (Non-Final)
76%
Grant Probability
Favorable
1-2
OA Rounds
2y 11m
To Grant
96%
With Interview

Examiner Intelligence

Grants 76% — above average
76%
Career Allow Rate
321 granted / 420 resolved
+11.4% vs TC avg
Strong +20% interview lift
Without
With
+19.8%
Interview Lift
resolved cases with interview
Typical timeline
2y 11m
Avg Prosecution
32 currently pending
Career history
452
Total Applications
across all art units

Statute-Specific Performance

§101
1.4%
-38.6% vs TC avg
§103
65.6%
+25.6% vs TC avg
§102
13.4%
-26.6% vs TC avg
§112
11.4%
-28.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 420 resolved cases

Office Action

§102 §103
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. DETAILED ACTION This Office action is in response to the appli cation filed on 11 / 14 /202 3 . Currently claims 1-1 5 are pending in the application. Claim Rejections - 35 USC § 102 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 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 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. Claims 1 1 -1 4 are rejected under 35 U.S.C.102 as being anticipated over Horiuchi et al. (US Patent Application Publication Number 20 08 /0 227618 A1), hereafter, referred to as “ Horiuchi ”. Regarding claim 1 1 , Horiuchi teaches a process for the preparation of boron carbide sintered bodies (para . [00 65- 00 68 ] , Table 1) . Horiuchi teaches that the process comprises of a step where the powders were loaded into a rotary mill along with milling media made from boron nitride sintered bodies. The resulting mixture was mixed in acetone for 12 hours to form a slurry. The slurry was passed through a nylon screen with a mesh size of# 200 to remove coarse foreign matter. After drying the resulting slurry at 120 °C, the resulting powder was passed through a nylon sieve with a mesh size of# 40 to homogenize the particle size. Thereby, a material powder is produced. Horiuchi teaches that the method of preparing a sintered body also compris es of : charging a raw material composition in a mold, molding the raw material composition, and carbonizing the molded raw material at a temperature of 500 °C to 1000 °C ; by teaching that the powder was molded by powder pressing using a metal die so as to form columnar compacts , and the compacts were calcined at 600° C. under nitrogen gas flow to remove organic components contained in the compacts (para. [0067]). Horiuchi further teaches a first sintering of performing a first thermal process at a temperature of 1900 °C to 2100 °C after the carbonizing; and a second sintering of performing a second thermal process at a temperature of 2000 °C to 2230 °C after the first sintering ; by teaching that t he calcined compacts were placed in a fired jig and were heated at a heating rate of 20 °C/min. A vacuum atmosphere was used below 1600 °C. An argon atmosphere at a pressure of 110 kPa was used at 1600 °C or higher. The briquettes were kept at the first reference temperature indicated in Table 1 for 1 to 3 hours. The briquettes were then further heated and maintained at the second reference temperature indicated in Table 1 for 1 to 2 hours , and the sintering temperatures were specifically a first reference temperature of 2100 ° C and a second reference temperature of 2200 ° C ( Sample 13 , Table 1). Regarding claim 1 2 , Horiuchi teaches a process for the preparation of boron carbide sintered bodies (para. [0065-0068], Table 1). Horiuchi teaches that the raw material composition comprises boron carbide and a sintering enhancer ; by teaching to use boron carbide powder, graphite powder, silicon carbide powder, and additional sintering additives ( p ara . [00 47- 00 48 ]). Regarding claim 1 3 , Horiuchi teaches a process for the preparation of boron carbide sintered bodies (para. [0065-0068], Table 1). Horiuchi teaches that the first sintering and the second sintering are performed at a pressure of 25 MPa to 60 MPa, respectively ; by teaching that to promote densification, when the open porosity of the sintered body reaches 5% or less, the sintered body may be pressurized by a high-pressure gas. A method of pressurizing the sintered body by high pressure gas pressure sintering (GPS) or hot isostatic pressing (HIP) at a gas pressure of 1 to 300 MPa is employed (para. [0059]). Regarding claim 1 4 , Horiuchi teaches a process for the preparation of boron carbide sintered bodies (para. [0065-0068], Table 1). Horiuchi teach e s the raw material composition is raw material granules obtained by spray drying a raw material slurry comprising boron carbide, a sintering enhancer, and a solvent ; by teaching that the boron carbide powder, the graphite powder, the silicon carbide powder, and the additional sintering additive are charged into a mill, such as a rotation mill, a vibrating mill, or a bead mill, and the mixture is subjected to wet mixing with at least one of water, acetone, and isopropyl alcohol (IPA) to form a slurry (para. [0047]), and further teaching that a s a method of drying the slurry, a method of heating the slurry in a vessel, a method of drying the slurry with a spray dryer, or another drying method may be used (para. [0048]). Claim Rejections - 35 USC § 103 The following is a quotation of the appropriate paragraphs of 35 U.S.C. 103 that form the basis for the rejections under this section made 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 non-obviousness. 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. Claims 1- 8 are rejected under 35 U.S.C.103 as being obvious over Horiuchi et al. (US Patent Application Publication Number 2008/0227618 A1) . Regarding claim 1, Horiuchi teaches a boron carbide sintered body and method of manufacturing the boron carbide sintered body. T his instant claim also claims a sintered body. As described in ( para . [00 85 -0091] of the specification, the sintered body of the instant application is obtained from a particular sintering method. With reference to a review of claim s 11-14 , and the rejections of claims described earlier in this rejection of this Office action, the method of preparation of which incorporates conventional technical means in the art on the basis of the teaching of Horiuchi , the claimed features this claim is evident to a person of ordinary skill in the art. Thus, a person of ordinary skill in the art can expect that the sintered body produced the process as taught by Horiuchi (and claimed by the rejected claims 11-14 of the instant application) will likewise satisfy the corresponding conditions ( volume ratio of grains of the boron carbide having a grain size greater than 1 μm and less than or equal to 4 μm is 61 % to 86% based on a total volume of grains on a surface of the sintered body ) when subjected to grain size measurements using the above method. Regarding claim 2 , Horiuchi teaches a boron carbide sintered body , wherein a carbon content of the sintered body is 18 wt % to 30 wt % based on a total weight of the sintered body according to an X-ray fluorescence analysis ; by teaching that a graphite powder and a silicon carbide powder are added to the boron carbide powder. In order that a sintered body to be obtained may have a graphite content of not less than 1 % and not more than 20% by mass of the sintered body and a silicon carbide content of not less than 0.1 % and not more than 10% by mass of the sintered body (para. [0044]) , thereby making it obvious to a person of ordinary skill in the art at the time of filing the claimed invention, that the carbon content of the sintered body would be 18 wt % to 30 wt % based on a total weight of the sintered body . Regarding claim 3 , Horiuchi teaches a boron carbide sintered body, wherein a porosity of the sintered body is 5 vol % or less ; by teaching to use high pressure Gas Pressure Sintering (GPS) at a gas pressure of 1 to 300 MPa that results in densification where the open porosity reaches 5% or less. Regarding claim s 4-6 , Horiuchi teaches a boron carbide sintered body and method of manufacturing the boron carbide sintered body. This claim also claims a sintered body. As described in ( para . [00 85 -0091] of the specification, the sintered body of the instant application is obtained from a particular sintering method. With reference to a review of claim s 11-14 , and the rejections of claims described earlier in this rejection of this Office action, the method of preparation of which incorporates conventional technical means in the art on the basis of the teaching of Horiuchi , the claimed features this claim is evident to a person of ordinary skill in the art. Thus, a person of ordinary skill in the art can expect that the sintered body produced the process as taught by Horiuchi (and claimed by the rejected claims 11-14 of the instant application) will likewise satisfy the corresponding conditions ( a volume ratio of grains of the boron carbide having a grain size of 1 μm or less is in a range of 1.5% to 15% based on the total volume of grains on the surface of the sintered body , as claimed in claim 4; and a volume ratio of grains of the boron carbide having a grain size of greater than 4 μm is in a range of 7 .2% to 31 % based on the total volume of grains on the surface of the sintered body , as claimed in claim 5, and that the sintered body has an average grain size of 2 μm to 5 μm , as claimed in claim 6) ; when subjected to grain size measurements using the above method. Regarding claim 7 , Horiuchi teaches a boron carbide sintered body, wherein a porosity of the sintered body is 0. 5 vol % or less ; by teaching to use high pressure Gas Pressure Sintering (GPS) at a gas pressure of 1 to 300 MPa that results in densification where the open porosity reaches 5% or less. Regarding claim 8 , Horiuchi teaches a boron carbide sintered body and method of manufacturing the boron carbide sintered body. Horiuchi teaches to add graphite powder and silicon carbide powder to the boron carbide powder. Horiuchi also teaches that the graphite powder may be added in an amount of not less than 1 % not more than 28.5% by mass of the boron carbide powder, and the silicon carbide powder may be added in an amount of not less than 0.1 % not more than 14% by mass of the boron carbide powder (para. [0044]). It would have been obvious to a person of ordinary skill in the art at the time of filing the claimed invention, that the exact amount of ingredients added would depend the desired property of the final article. Therefore, the ingredient amounts would be optimized to form the final article. Therefore, a determination that the sintered body would have a content of boron and carbon at 97 wt % or more , would be a a matter of optimization that would be performed under routine experimentation. Please see In In re Antonie, 559 F.2d 618, 195 USPQ 6 (CCPA 1977). Claims 9 -10 , and 15 are rejected under 35 U.S.C.103 as being obvious over Horiuchi et al. (US Patent Application Publication Number 2008/0227618 A1) , in view of Hwang et al. (US Patent Application Publication Number 2020/0062654 A1), hereafter, referred to as “Hwang”. Regarding claim s 9-10 , Horiuchi teaches a boron carbide sintered body and method of manufacturing the boron carbide sintered body. But Horiuchi fails to explicitly teach the et c hing rate and thermal conductivity of the boron carbide sintered body. However, Hwang teaches a boron carbide sintered body and an etcher that includes the sintered body (title). Hwang also teaches that t he boron carbide sintered body has low etch rate , where the etch rate is evaluated based on a thickness reduction (para. [0059] [0066]) . Hwang also teaches that the thermal conductivity of the sintered body may be about 80 W/m·K or less or about 31 W/m·K or less at 25° C. The thermal conductivity of the sintered body may be at least about 20 W/m-K or at least about 22 W/m·K at 25° C (para. [0049]) . The boron carbide sintered body has relatively constant thermal conductivity and low etch rate (i.e., good corrosion resistance) (para. [0052]). Hwang also teaches that t he thermal conductivity of the sintered body allows the sintered body to have good etch resistance (para. [0052]) . Therefore, it would have been obvious to a person of ordinary skill in the art at the time of filing the claimed invention, to incorporate the teaching of Hwang and optimize the thermal conductivity of the sintered body in the range of 18 W/ m·K to 33 W/ m·K at 25° C , because that would allow a good etch resistance. Maintaining the etch rate of the sintered body at 2% or less under plasma etching conditions, would be a matter of optimization that would be performed under routine experimentation. Please see In In re Antonie, 559 F.2d 618, 195 USPQ 6 (CCPA 1977). Regarding claim 15 , Horiuchi teaches a boron carbide sintered body and method of manufacturing the boron carbide sintered body. But Horiuchi fails to explicitly teach a component part disposed inside a plasma processing apparatus comprising the sintered body . However, Hwang teaches that at least a part of a component for an etching apparatus may comprise, or may be formed from, a boron carbide sintered body. In particular, the boron carbide sintered body may be suitable for use in consumable parts such as focus rings, edge rings, and the like, and may further reduce poor rates and be suitable for consumable parts for longer periods of time in an etching process performed by an etching apparatus, and thus may further improve efficiency (para. [0068]. Therefore, Hwang teaches that boron carbide sintered bodies as components can be used inside plasma treatment devices. Therefore, it would have been obvious to a person of ordinary skill in the art at the time of filing the claimed invention, to incorporate the teaching of Hwang , and use a known technique to form a component part disposed inside a plasma processing apparatus comprising the sintered body to achieve improved efficiency of an etcher (KSR Rationale C, MPEP 2143). Since both the references deal with boron carbide sintered body, one would have reasonable expectation of success from the combination. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to MOHAMMAD M AMEEN whose telephone number is (469) 295 9214. The examiner can normally be reached on M-F from 9.00 am to 6.00 pm (Central Time). 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. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Christina Johnson can be reached on (571) 272-1176 . The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /MOHAMMAD M AMEEN/ Primary Examiner, Art Unit 1742
Read full office action

Prosecution Timeline

Nov 14, 2023
Application Filed
Dec 26, 2023
Response after Non-Final Action
Mar 15, 2026
Non-Final Rejection — §102, §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
76%
Grant Probability
96%
With Interview (+19.8%)
2y 11m
Median Time to Grant
Low
PTA Risk
Based on 420 resolved cases by this examiner. Grant probability derived from career allow rate.

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