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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after allowance or after an Office action under Ex Parte Quayle, 25 USPQ 74, 453 O.G. 213 (Comm'r Pat. 1935). Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, prosecution in this application has been reopened pursuant to 37 CFR 1.114. Applicant's submission filed on May 6, 2026, has been entered.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on May 6, 2026, was filed after the mailing date of the Notice of Allowance on April 17, 2026. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement has been considered by the examiner.
Specification
Applicants’ amendment to the title has been reviewed and is approved by the Examiner.
Claim Objections
Claim 1 is objected to because of the following informalities:
Recitation of “which is asymmetric horizontal magnetic field” in claim 1shoudl be changed to read “which is an asymmetric horizontal magnetic field” to correct a grammatical error.
Appropriate correction is required.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Appl. Publ. No. 2006/0144321 to Zheng Lu (hereinafter “Lu”) in view of U.S. Patent Appl. Publ. No. 2018/0237940 to Kiyotaka Takano (“Takano”). It is noted that Takano is the U.S. counterpart to Chinese Patent Appl. No. CN108026660 which was submitted with the May 6, 2026, IDS.
Regarding claim 1, Lu teaches a crystal growing method (see the Abstract, Figs. 1-11, and entire reference which teach the growth of a single crystal by the Czochralski method), comprising:
controlling a first coil to generate a first current (see Figs. 4 & 6A-B and ¶¶[0054]-[0066] which teach controlling the power and, hence, the electrical current through a first upper coil (145)), and
controlling a second coil to generate a second current (see Figs. 4 & 6A-B and ¶¶[0054]-[0066] which teach controlling the power and, hence, the electrical current through a second lower coil (147)),
wherein a value of the first current is not equal to a value of the second current (see Figs. 6A-B and ¶[0063] which teach that a higher power distribution is applied to upper coil (145) than to lower coil (147)), and
the first coil and the second coil are coils which are distributed outside a crucible, opposite to each other, to generate a magnetic field in the crucible (see Figs. 4 & 6A-B and ¶¶[0054]-[0066] which teach that the upper (145) and lower (147) coils are distributed outside a crucible (103) to generate a magnetic field within the crucible (103)); and
based on the first current and the second current, pulling up to grow a single crystal in the magnetic field in the crucible, which is asymmetric magnetic field (see Figs. 4 & 6A-B and ¶¶[0054]-[0066] which teach that a single crystal (113) is pulled from a melt (109) in the crucible (103) while applying an asymmetric magnetic field using the upper (145) and lower (147) coils).
Lu does not teach that the first and second coils are superconducting coils or that the asymmetric magnetic field is a horizontal magnetic field. However, in Figs. 1-4 and ¶¶[0060]-[0074] and Example 1 at ¶¶[0076]-[0086] as well as elsewhere throughout the entire reference Takano teaches an analogous embodiment of a Czochralski crystal growth system and method for pulling a single crystal (9) from a melt (6) while applying a horizontal magnetic field (12) using a magnetic field generation device (30) which utilizes superconducting coils. The location and orientation of individual opposing superconducting coils (4a)-(4d) about the crucible (2) is used to control the lines of magnetic force (7) about the central axis (10) such that the flow velocity of the melt (6) can be controlled to produce the desired concentration of oxygen as well as the desired temperature gradients at the melt-solid interface. Thus, a PHOSITA prior to the effective filing date of the invention would recognize that the magnetic coils utilized to produce the vertical or cusp magnetic field in the method of Lu may be in the form of superconducting coils which are rotated horizontally and situated outside the crucible to produce a horizontal magnetic field in the manner disclosed in Takano with opposing coils having different current values with the motivation for doing so being to produce a stronger magnetic field which is capable of providing greater lateral control over flow gradients in the melt such that the desired temperature profile(s) and oxygen concentration gradient(s) may be obtained. The combination of prior art elements according to known methods to yield predictable results has been held to support a prima facie determination of obviousness. All the claimed elements are known in the prior art and one skilled in the art could combine the elements as claimed by known methods with no change in their respective functions, with the combination yielding nothing more than predictable results to one of ordinary skill in the art. KSR International Co. v. Teleflex Inc., 550 U.S. 398, __, 82 USPQ2d 1385, 1395 (2007). See also, MPEP 2143(A).
Regarding claim 2, Lu teaches that a ratio of the value of the first current to the value of the second current is 1:n, and n is not equal to 1 (see Figs. 6A-B and ¶[0063] of Lu which teach that the power input to the upper coil is as high as 25% while the lower coil ranges from 20% to less than 5% which necessarily means that the ratio of the current through each is 1:n where n is not equal to 1; moreover, a PHOSITA prior to the effective filing date of the invention would be motivated to utilize routine experimentation to determine a similar ratio utilizing the horizontal magnetic field in the method of Takano in order to produce the desired temperature profile(s) and oxygen concentration gradient(s) may be obtained).
Regarding claim 3, Lu and Takano teach that the first superconducting coil has a round shape, an oval shape or a saddle shape, and/or the second superconducting coil has a round shape, an oval shape or a saddle shape (see Figs. 4 & 6A-B and ¶¶[0054]-[0066] of Lu which teach that the upper (145) and lower (147) coils have a round shape; see also Figs. 1-3 and ¶¶[0060]-[0074] of Takano which teach the use of coils (4) having a round shape).
Regarding claim 4, Lu and Takano teach that the first superconducting coil has a singular number or a plural number, and/or the second superconducting coil has a singular number or a plural number (see Figs. 4 & 6A-B and ¶¶[0054]-[0066] of Lu which teach that in one embodiment there is a single upper (145) and lower (147) coil; see also Figs. 1-3 and ¶¶[0060]-[0074] of Takano which teach the use of plural opposing coils (4a)-(4d)).
Regarding claim 5, Lu teaches that with a first controller, the first superconducting coil is controlled to generate the first current, and with a second controller, the second superconducting coil is controlled to generate the second current (See Fig. 4 and ¶¶[0043]-[0044] which teach the use of a first upper coil power supply (149) to control the upper coil (145) and a second lower coil power supply (151) to control the lower coil (147) with each being connected to and controlled by a control unit (143). Accordingly, a PHOSITA prior to the effective filing date of the invention would be motivated to utilize separate first and second controllers to separately and independently control first (4a)-(4b) and second (4c)-(4d) opposing horizontal coils in the method of Takano such that the desired horizontal magnetic field may be produced. Alternatively, the use of two control units (143) instead of a single control unit (143) to control the current through the upper (145) and lower (147) coils of Lu or through opposing first (4a)-(4b) and second (4c)-(4d) coils of Takano may be considered as a mere duplication of parts which does not modify the operation of the device and, hence, supports a prima facie showing of obviousness. The mere duplication of parts is not sufficient to produce a patentable distinction unless a new and unexpected result is produced. See, e.g., In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960); see also MPEP 2144.04(VI)(B).).
Conclusion
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/KENNETH A BRATLAND JR/Primary Examiner, Art Unit 1714
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