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(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 20 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Claim 20 depends from claim 15. Claim 15 requires “applying a thermal treatment at a temperature ranging from 200 C to 900 C.” The only limitation claim 20 adds to this is “the thermal treatment is performed at a temperature ranging from 200 C to 900 C” which is the exact same thing already required by claim 15. Thus, claim 20 is exactly co-extensive with claim 15, failing to limit it.
Allowable Subject Matter
Claims 15-19 and 21-30 are allowed. The prior art discloses a method of making silicon nanowire/tin composite materials. See, e.g., U.S. Patent Application Publication No. 2019/0047870. However, the methods for making those materials differ from the claimed method, either involving the use of tin nanoparticles, or the use of tin-sulfide nanoparticles. In some embodiments, those tin sulfide particles are derived from tin chloride. However, the tin chloride is fully converted to tin sulfide prior to any combination of nanoparticles with a substrate. See Example 1 of the ‘870 publication. Thus, the prior art is silent regarding a method of preparing a composite material comprising at least silicon nanowires and tin where the method comprises steps of introducing tin halide and a growth support into a reaction chamber and solid/solid mixing the tin halide and growth support.
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/WYATT P MCCONNELL/Examiner, Art Unit 1727
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