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 § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tang et al. (WO 2021002305 A1~hereinafter “Tang”) of record in view of Nakamura et al. (JP: 10-269986 A~ hereinafter “Nakamura”) of record. The Examiner is using the Tang et al. (US. Pub: 2024/0079198 A1~ hereinafter “Tang”) as the English translation of the WO reference.
Regarding claim 1, Tang discloses (in at least figs. 1-4; abstract) an emitter comprising a nanoneedle (100), wherein the nanoneedle is formed of metal oxide.
Tang does not expressly disclose the nanoneedle is formed of a rare earth oxide represented by the general formula REOx, where RE is a rare earth element and 1≤x< 1. 5.
Nakamura discloses (at least abstract) a cold cathode material comprising a non-equilibrium oxide of rare-earth element (R), wherein said rare-earth is represented by the formula ROx (1.32>x≥0.95) for the benefit of providing a device with low discharge voltage (abstract).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to replace the metal oxide of Tang with the rare-earth oxide of Nakamura for the benefit of providing a high resolution emitter device with low discharge voltage. Furthermore, it has been held that simple substitution of one known element for another to obtain predictable results is obvious.
Regarding claim 2, Tang as modified by Nakamura discloses (in at least figs. 1-8; abstract; [0014] Tang; abstract Nakamura) the tip of the nanoneedle (100) is composed of a crystalline phase.
Regarding claim 3, Tang as modified by Nakamura discloses (in at least figs. 1-8; [0054] Tang; abstract Nakamura) the crystalline phase is at least one crystal system selected from the group consisting of a cubic crystal system, a monoclinic crystal system, and a hexagonal crystal system.
Regarding claim 4, Tang as modified by Nakamura discloses (in at least figs. 1-8; [0014]-[0015] Tang; abstract Nakamura) when the crystalline phase is a cubic crystal system, the crystal plane of the tip of the nanoneedle is a (001) plane or a (110) plane, when the crystalline phase is a monoclinic crystal system, the crystal plane of the tip of the nanoneedle is a (010) plane, and when the crystalline phase is a hexagonal crystal system, the crystal plane of the tip of the nanoneedle is a (102) plane.
Regarding claim 5, Nakamura discloses (at least [0007]) the rare earth oxide contains at least one rare earth element selected from the group consisting of La, Ce, Pr, Nd, and Sm.
Regarding claim 6, Tang as modified by Nakamura does not expressly disclose the rare earth oxide contains Ga in an amount of 0.5 atomic % or less.
However, Nakamura discloses (in at least abstract; [0007]) the rare earth oxide contains Y and Sm.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to contemplate using Ga as the rare earth in the device of Tang as modified by Nakamura, since it has been held that selection of a known material based on its suitability for its intended use supported a prima facie obviousness determination. Also, it has been held that simple substitution of one known element for another to obtain predictable results is obvious.
Regarding claim 7, Tang discloses (in at least figs. 1-4; [0055]) the nanoneedle has a maximum diameter of 1 nm or more and 1 μm or less and a length of 500 nm or more and 30 μm or less.
Regarding claim 8, Tang discloses (in at least figs. 1-4; [0010]) the curvature radius of the tip of the nanoneedle is less than or equal to 50% of the maximum diameter.
Regarding claim 9, Tang discloses (in at least figs. 1-4; [0027]) the curvature radius of the tip of the nanoneedle is 5 to 30 nm.
Regarding claim 10, Tang discloses (in at least figs. 1-4; [0018]; [0084]-[0085]) a support needle and a filament, wherein the support needle is composed of at least one element selected from the group consisting of W, Ta, Pt, Re, and C, and the nanoneedle is attached to the filament via the support needle.
Regarding claim 11, Tang discloses (in at least figs. 1-4) an electron gun ([0084]) comprising the emitter as described in claim 1.
Regarding claim 12, Tang discloses (in at least figs. 1-4; [0019]) the electron gun according to claim 11, which is a cold cathode field emission electron gun or a Schottky electron gun.
Regarding claim 13, Tang discloses (in at least figs. 1-4) an electronic apparatus comprising the electron gun according to claim 11.
Regarding claim 14, Tang discloses (in at least figs. 1-8) a method for manufacturing an emitter comprising a nanoneedle (100), comprising: a process of oxidizing the surface of a metal (abstract), and a process of working the film composed of the metal oxide into a needle shape using a focused ion beam to obtain the nanoneedle ([0100]-[0101]).
Tang does not expressly disclose the process of oxidizing the surface of a metal (abstract) containing a rare earth element to form a film composed of a rare earth oxide represented by the general formula REO.sub.x (wherein RE is a rare earth element and 1≤x<1.5).
Nakamura discloses (at least abstract) a cold cathode material comprising a non-equilibrium oxide of rare-earth element (R), wherein said rare-earth is represented by the formula ROx (1.32>x≥0.95) for the benefit of providing a device with low discharge voltage (abstract).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to replace the metal oxide of Tang with the rare-earth oxide of Nakamura for the benefit of providing a high resolution emitter device with low discharge voltage. Furthermore, it has been held that simple substitution of one known element for another to obtain predictable results is obvious.
Regarding claim 15, the combination of Tang and Nakamura discloses ([0021]-[0026] Tang; abstract Nakamura) in the process of forming a film composed of a rare earth oxide, the surface of a metal containing a rare earth element is oxidized by holding the metal under conditions of a temperature of 0 to 800° C., a pressure of 10.sup.1 to 10.sup.5 Pa, and a relative humidity of 10 to 70%.
Regarding claim 16, the combination of Tang and Nakamura discloses (in at least figs. 1-8 Tang; abstract Nakamura) in the process of working the film composed of the rare earth oxide into a needle shape, the film composed of the rare earth oxide is cut out from the surface of the metal and the film composed of the rare earth oxide is placed on a support needle.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ELMITO BREVAL whose telephone number is (571)270-3099. The examiner can normally be reached M-Th~ 7:30-5:30.
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ELMITO BREVAL
Primary Examiner
Art Unit 2875
/ELMITO BREVAL/Primary Examiner, Art Unit 2875
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