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 .
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 1-7 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 pre-AIA the applicant regards as the invention.
Claim 1 recites and introduces the limitation "a layer" twice, in line 2 and again in line 5. It is unclear if the second use of “a layer” is referring to the same layer that had already been introduced and is therefore requiring that the second metal catalyst be applied to the existing layer, or if this is referring to a new layer and is therefore is requiring the formation of a new layer comprising the second metal catalyst. For this reason, claim 1 is indefinite.
Claims 2-7 are indefinite due to their dependence upon claim 1.
For the purpose of compact prosecution, the claims have been examined such that the second use of “a layer” could refer a new layer or the previously introduced “layer”.
Allowable Subject Matter
Claims 1-7 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Reasons for Allowance
The following is an examiner’s statement of reasons for allowance: The prior art does not disclose nor render obvious all of the cumulative limitations of independent claim 1 with particular attention to the limitation “a second metal catalyst having a larger diffusion coefficient than that of the first metal catalyst”.
The closest prior art of record is considered to be Sano et al. (US-20210296432-A1). Sano teaches a method of producing a structure (Paragraph [0145]), that includes forming a first catalyst layer (Paragraph [0147]) and etching using the catalyst layer (Paragraph [0149]) the underlying semiconductor material (Paragraph [0146]). Sano teaches that the method further includes forming a second catalyst layer (Paragraph [0154]) and etching with the second catalyst layer (Paragraph [0161]). Sano teaches that the second catalyst layer can be formed of the same or different noble metal from the first catalyst layer and includes particles that are smaller than the particles of the first catalyst layer (Paragraphs [0154-0156]).
Sano fails to teach that the second metal catalyst has a larger diffusion coefficient than that of the first metal catalyst.
The claims are therefore considered to be patentably distinguished from the prior art of record. The prior art of record, whether taken alone or in combination, does not disclose nor render obvious the cumulative limitations of claim 1. Claims 2-7 are dependent from or otherwise include the limitations of claim 1 and are allowable for the same reasons as above.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW KEELAN LAOBAK whose telephone number is (703)756-5447. The examiner can normally be reached Monday - Friday 8:00am - 5:30pm.
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/A.K.L./ Examiner, Art Unit 1713 /DUY VU N DEO/Primary Examiner, Art Unit 1713
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