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 .
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.
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 1 and 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Koutitsu et al (2016/0108554) in view of Narasimhan (5094711)
The Koukitsu et al reference teaches an apparatus for growth of aluminum nitrides, note entire reference. The apparatus consists of a material accommodation unit, or source, which can contain aluminum, figure 1, no.4. There is a first heating unit to heat the accommodation unit, no. 5. Further, the apparatus has a reaction chamber which contains a substrate, no. 9. There is a communication port to allow the aluminum to flow into the reactor, no 6 and 13 and para 0024 to 0032. There are further means to allow other materials to flow into the reactor chamber, no 7 and 11. The sole difference between the instant claims and the prior art is the number of substrates. However, Narasimhan reference teaches an apparatus for whisker growth with multiple substrates, fig 1 no. 25 and supplying the materials below the substrate via a communications portion, note fig 1, no. 19. It would have been obvious to one of ordinary skill in the art before the filing date of the instant invention to modify the Koukitsu et al apparatus by the teachings of the Narasimhan reference to include more than one substrate in order to increase the yield of material per run and to flow from under the substrates to increase a uniform flow over all substrates.
With regards to claim 3, the Koukitsu et al reference teaches two heating units figure 1, no.10 and 13.
Claim 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Koutitsu et al (2106/0108554) in view of Narasimhan (5094711).
The Koukitsu et al and Narasimhan references are relied on for the same reasons as stated, supra, and differs from the instant claim in the use of one heater. However, in the absence of unexpected results, it would have been obvious to one of ordinary skill in the art before the filing date of the instant invention to determine through routine experimentation, the optimum, operable design of the apparatus in the Koukitsu et al reference to operate with only one heater in order to control the vaporization and deposition.
Claim 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Koutitsu et al (2106/0108554) in view of Narasimhan (5094711).
The Koukitsu et al and Narasimhan references are relied on for the same reasons as stated, supra, and differs from the instant claim in the shut off valve. However, in the absence of unexpected results, it would have been obvious to one of ordinary skill in the art before the filing date of the instant invention to determine through routine experimentation, the optimum, operable design of the apparatus in the Koukitsu et al reference to include shut off valves in the communications ports in order to control gas flow and stop the process.
Claim 5 to 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Koutitsu et al (2106/0108554) in view of Narasimhan (5094711).
The Koukitsu et al reference is relied on for the same reasons as stated, supra, and differs from the instant claim in the placement of the accommodation unit. However, the Narasimhan et al reference shows the reactants entering the reactor from below, the source is placed vertically below the reactor, note fig 1. It would have been obvious to one of ordinary skill in the art before the filing date of the instant invention to modify the Koukitsu et al apparatus by the teachings of the Narasimhan reference to have the source below the reactor and substrates in order to increase a uniform flow and temperature over all substrates.
Examiner’s Remarks
The remaining references are merely cited of interest as showing the state of the art in whisker growth.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT M KUNEMUND whose telephone number is (571)272-1464. The examiner can normally be reached M-F 8:00 am to 4:30 pm.
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RMK
/ROBERT M KUNEMUND/Primary Examiner, Art Unit 1714