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
Claims 1-18 are pending in this application.
Priority
Acknowledgment is made of applicant's claim for foreign priority based on an application filed in the Republic of Korea on July 18, 2023. It is noted, however, that applicant has not filed a certified copy of the 10-2023-0093415 application as required by 37 CFR 1.55.
Claim Objections
Claims 1-18 are objected to because of the following informalities. Appropriate correction is required.
In claim 1 line 1, from which claims 2-18 depend, the term “2D material” is confusing as to whether it is referring to a 2D material such as graphene OR two-dimensional material, the latter being stated in the specification and in which the examiner has interpreted said term to mean in the present claims. The examiner invites the applicant to positively recite --two-dimensional-- in its first appearance in the claims to avoid any misunderstanding.
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 1-18 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
In claim 1 line 1, from which claims 2-18 depend, the phrase “A synthesis method of a 2D material” is deemed confusing as none of the following method steps recite a 2D material. How is a 2D material formed when no method step addresses the formation of a 2D material? Clarification and appropriate amendments are requested.
In claim 1 lines 11-12, the term “the chemical vapor deposition” lacks antecedent basis.
In claim 7 lines 2-3, the term “ultra-thing glass (UTG)” is deemed a relative term which renders the claim indefinite. The term “ultra-thin” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. The same issue applies to claim 13.
Claim Rejections - 35 USC § 103
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.
Claims 1-4, 7, 10-13, 15, 18 are rejected under 35 U.S.C. 103 as being unpatentable over Cheng et al. (2022/0316054).
Cheng teaches a method of forming a transition metal chalcogenide thin layer material (title) which is a two-dimensional layered material (0002-0004) on a substrate by chemical vapor deposition (0031). Specifically, the layer is formed in a double-temperature zone tube furnace having a first heating zone and a second heating zone which can have different heating temperatures (0025). In one embodiment, the first heating zone is 120-250oC and the second heating zone is 600-780oC while the substrate is located in the second heating zone (0025).
With respect to the gases and precursors, the reference teaches a transition metal source and a chalcogen element source (0012) as well as a protective gas which can be an inert gas
(0016, 0022). However, the reference fails to specifically teach a second temperature lower than the first temperature.
It is noted that Cheng teaches a first heating zone of 120-250oC and a second heating zone of 600-780oC (0025). However, in a different embodiment, the first heating zone can be 120-250oC and a second heating zone can be 200-780oC (0029). Given the ranges disclosed, it would have been obvious to select a second temperature lower than the first temperature with the expectation of success and in the absence of a showing of criticality.
Regarding claim 2, Cheng teaches a first zone used for heating the solid-phase chalcogen element source and/or the liquid-phase chalcogen element source to volatilize and diffuse (0025).
Regarding claim 3, Cheng teaches a first temperature used for heating the solid-phase chalcogen element source and/or the liquid-phase chalcogen element source to volatilize and diffuse (0025).
Regarding claim 4, the applicant requires a second temperature lower than a temperature of the substrate. Cheng teaches a second heating zone of 600-780oC (0025) and a glass substrate (0016), which meets the claimed limitation.
Regarding claim 7, Cheng teaches a glass substrate (0016) and a SiO2 substrate (0078).
Regrading claim 10, the applicant requires a second zone length larger than the first zone length. Cheng teaches a first heating zone and a second heating zone (0025) but fails to disclose the length. The two zones would inherently have lengths give the teaching of Cheng. To have different lengths would have been obvious in the absence of a showing of criticality.
Regarding claim 11, the applicant requires a specific first heating temperature. To vary the temperature would have been obvious depending on the precursor being used.
Regarding claim 12, Cheng teaches a second heating temperature of 200-780oC (0029).
Regarding claim 13, Cheng teaches a glass substrate (0016) and a second heating temperature of 200-780oC (0029).
Regarding claim 15, Cheng teaches molybdenum disulfide (0005).
Regarding claim 18, Cheng teaches molybdenum disulfide (0005), a transition metal source such as Mo (0014), and a chalcogenide source such as sulfur (0030).
Claims 5-6 are rejected under 35 U.S.C. 103 as being unpatentable over Cheng et al. (2022/0316054) in view of Ishii et al. (2015/0111392). Cheng fails to teach a solvent.
Ishii teaches the vapor deposition of a chalcogenide containing film (title) in which a solvent is used with a precursor (0047). It would have been obvious to use a solvent in Cheng with the expectation of success depending on the precursor used because Ishii teaches of using a solvent with a precursor.
Regarding claim 6, Ishii teaches bubbling with a carrier gas (0048).
Claims 8-9 are rejected under 35 U.S.C. 103 as being unpatentable over Cheng et al. (2022/0316054) in view of Kim et al. (2016/0314968). Cheng fails to teach a buffer layer and a passivation layer.
Kim teaches a method of forming a layered transition metal chalcogenide compound layer (title) in which a substrate has a passivation layer (0122) and a graphene layer (0098). To utilize both a graphene layer and a passivation layer in Cheng would have been obvious because Kim teaches of using both to form a layered transition metal chalcogenide compound.
Regarding claim 9, Kim teaches graphene (0098).
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Cheng et al. (2022/0316054) in view of Lin et al. (2017/0345944). Cheng fails to teach parylene.
Lin teaches a transition metal dichalcogenide heterostructure (title) by CVD (0002) in which parylene is used. To utilize parylene in the process of Cheng would have been obvious depending on the desired use of the final product.
Claims 16-17 are rejected under 35 U.S.C. 103 as being unpatentable over Cheng et al. (2022/0316054) in view of Ahn et al. (2020/0212080). Cheng fails to teach molybdenum hexacarbonyl.
Ahn teaches of forming molybdenum disulfide using molybdenum hexacarbonyl and dimethyl sulfide as precursors (0250). It would have been obvious to molybdenum hexacarbonyl in the process of Cheng with the expectation of success because Ahn teaches of using molybdenum hexacarbonyl to form molybdenum disulfide.
Regarding claim 17, Ahn teaches dimethyl sulfide (0250).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRET CHEN whose telephone number is (571)272-1417. The examiner can normally be reached M-F 8:30-8:30 MT.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Gordon Baldwin can be reached at (571) 272-5166. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRET P CHEN/Primary Examiner, Art Unit 1715 01/09/2026