DETAILED ACTION
This is in response to communication received on 2/8/26.
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
The text of those sections of AIA 35 U.S.C. code not present in this action can be found in previous office actions dated 10/29/25.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-16 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
As for claim 1, it has been amended to read: the zone comprising the cool zone having an internal temperature no greater than 400° C during step (b); (d) the cavity including a hot zone having an internal temperature. There is no support for a cavity having both a cool zone and a hot zone. Every mention of a hot zone and cool zone within the specification, they are presented as opposing options. Specifically in paragraphs paragraph 34, original claim 1 and claim 21, all recite “the zone comprising at least one of: (i) a cool zone having an internal temperature no greater than 400° C. during step (b); OR (ii) a hot zone having an internal temperature no greater than 1,000° C. during step (b)” (emphasis added). As such there is no support for the current version of the claim which requires a cool zone AND a hot zone.
For purposes of compact prosecution, Examiner will interpret the claim to be in a line with the subject matter with in the specification, i.e. the zone comprising at least one of: (i) a cool zone having an internal temperature no greater than 400° C. during step (b); OR (ii) a hot zone having an internal temperature no greater than 1,000° C. during step (b).
As claims 2-6 depend from claim 1, they are similarly rejected.
As for claim 7, the claim has been amended to read spaced from a center of the cavity used to produce the plasma. There is no support for this configuration. The specification only supports the original claim language of spaced outward from the cavity used to produce the plasma.
As claim 8-9 depend from claim 1, they are similarly rejected.
As for claim 10, it has been amended to include causing an internal temperature of a hot zone where the plasma is created to be greater than that of the cool zone, with the substrate being located outside of the hot zone. There is no support for this in the specification. There is no support for there being both a hot zone and a cool zone within a cavity, nor is there any support for a limitation wherein these two opposite embodiments are compared to each other.
As for claim 11- 16 depend from claim 1 and 10, they are similarly rejected.
As for claim 19, it has been amended to include causing an internal temperature of a hot zone of the cavity where the plasma is created to be greater than that of the cool zone, with the substrate being located outside of the hot zone during the moving step. There is no support for this in the specification. There is no support for there being both a hot zone and a cool zone within a cavity, nor is there any support for a limitation wherein these two opposite embodiments are compared to each other.
As for claim 21, Examiner notes that it remains withdrawn but it has been amended to include the same new matter as claim 1.
Claim Rejections - 35 USC § 112
The claim rejection(s) under pre-AIA 35 U.S.C. 112 2nd Paragraph or AIA 35 U.S.C. 112(b) as being as being indefinite for failing to particularly point out and distinctly claim the subject matter on claim 7 is withdrawn because the claim has been amended.
Claim Rejections - 35 USC § 103
The claim rejection(s) under AIA 35 U.S.C. 103 as being obvious over Yasui et al. US Patent Number 5,292,371 hereinafter YASUI in view of Grotjohn et al. US PGPub 201710271132 hereinafter GROTJOHN on claims 1, 7 and 10 are maintained. The rejection is updated below to meet the new claim scope.
As for claim 1, YASUI teaches "A microwave plasma chemical vapor deposition apparatus allows the position of a plasma to be two-dimensionally adjusted in a reaction tube ... Using the microwave plasma chemical vapor deposition apparatus, a diamond film having a uniform quality and a uniform thickness is formed as on a substrate" (abstract, lines 1-3), i.e. a method for using a chemical vapor deposition flow through reactor.
YASUI teaches "The microwave oscillator 1 generates a microwave of a predetermined frequency, e.g., 2.45 GHz. The generated microwave may be directly introduced into the reaction tube 6, or may be introduced into the reaction tube 6 after it has been modulated into a pulse wave" (column 3, lines 27-31), i.e. (a) supplying microwave power ... to a cavity within the reactor.
YASUI is silent on the amount of power provided.
GROTJOHN teaches "The disclosure relates to microwave cavity plasma reactor (MCPR) apparatus and associated optical measurement system that enable microwave plasma assisted chemical vapor deposition (MPACVD) of a component such as diamond" (abstract, lines 1-4).
GROTJOHN teaches "The power density (or discharge power density) is the absorbed microwave power divided by the plasma 184 volume. A relatively high power density is desirable as it generally leads to higher component deposition rates. In various embodiments, the power density is suitably at least about 50 W/cm3" (paragraph 94, lines 1-6) and "During deposition, the temperature uniformity across the substrate 163A correlates with the size of the plasm a 184. At low microwave powers, the plasm a 184 may not completely cover the substrate 163A, leading to incomplete and/or non-uniform deposition. At higher microwave powers, the plasma 184 may expand in size to the point that it begins excessively heating the quartz bell jar 180" (paragraph 95, lines 1-7), i.e. wherein the power is a result effective variable.
It would have been obvious to one of ordinary skill in the art before the effective filing date to design the power in the cavity such that the desired uniform deposition without excessive heating is achieved. Discovery of optimum value of result effective variable in known process is ordinarily within the skill of the art. In re Boesch, CCPA 1980, 617 F.2d 272, 205 USPQ215.
YASUI teaches "A space region in the reaction tube 6 where the reaction tube 6 and the microwave waveguide la intersect with each other serves as a reaction region 7 in which a plasma is generated for reaction" (column 3, lines 56-60), i.e. (b) creating a plasma within the cavity.
YASUI shows in Fig. 1 (c) locating a workpiece within a cool zone in a hollow tube intersecting the cavity as described in column 4 lines 27-35.
YASUI further teaches "The temperature of the surface of the substrate 14 may be in the range of from 300 to 1000° C" (column 5, lines 39-41), i.e. a range that overlaps with the zone comprising at least one of (i) a cool zone having an internal temperature no greater than 400° C during step (b); or (ii) a hot zone having an internal temperature no greater than 1,000° C during step (b), the internal temperature of the hot zone being greater than that of the cool zone. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990); In re Geisler, 116 F.3d 1465, 1469-71, 43 USPQ2d, 1362, 1365-66 (Fed. Cir. 1997). See MPEP 2144.05.
YASUI teaches "Now, a diamond film is uniformly deposited by way of vapor growth on the substrate 14 because of the plasma" (column 5, lines 34-36), i.e. (d) growing at least one of a diamond or graphitic layer, on the workpiece within the zone.
As for claim 7, YASUI shows in Fig. 1 that the workpiece is in a zone that intersects the cavity is spaced from the center of the cavity, wherein the cavity is the tube made up of elements 2a, and 4, i.e. wherein the workpiece is located in the cool zone, spaced outward from the cavity, during the growing step.
As for claim 10, YASUI teaches "A microwave plasma chemical vapor deposition apparatus allows the position of a plasma to be two-dimensionally adjusted in a reaction tube ... Using the microwave plasma chemical vapor deposition apparatus, a diamond film having a uniform quality and a uniform thickness is formed as on a substrate" (abstract, lines 1-3), i.e. a method for using a chemical vapor deposition flow through reactor.
YASUI teaches "The microwave oscillator 1 generates a microwave of a predetermined frequency, e.g., 2.45 GHz. The generated microwave may be directly introduced into the reaction tube 6, or may be introduced into the reaction tube 6 after it has been modulated into a pulse wave" (column 3, lines 27-31), i.e. (a) supplying microwave power ... to a cavity within the reactor.
YASUI is silent on the amount of power provided.
GROTJOHN teaches "The disclosure relates to microwave cavity plasma reactor (MCPR) apparatus and associated optical measurement system that enable microwave plasma assisted chemical vapor deposition (MPACVD) of a component such as diamond" (abstract, lines 1-4).
GROTJOHN teaches "The power density (or discharge power density) is the absorbed microwave power divided by the plasma 184 volume. A relatively high power density is desirable as it generally leads to higher component deposition rates. In various embodiments, the power density is suitably at least about 50 W/cm3" (paragraph 94, lines 1-6) and "During deposition, the temperature uniformity across the substrate 163A correlates with the size of the plasm a 184. At low microwave powers, the plasm a 184 may not completely cover the substrate 163A, leading to incomplete and/or non-uniform deposition. At higher microwave powers, the plasma 184 may expand in size to the point that it begins excessively heating the quartz bell jar 180" (paragraph 95, lines 1-7), i.e. wherein the power is a result effective variable.
It would have been obvious to one of ordinary skill in the art before the effective filing date to design the power in the cavity such that the desired uniform deposition without excessive heating is achieved. Discovery of optimum value of result effective variable in known process is ordinarily within the skill of the art. In re Boesch, CCPA 1980, 617 F.2d 272, 205 USPQ215.
YASUI teaches "A space region in the reaction tube 6 where the reaction tube 6 and the microwave waveguide la intersect with each other serves as a reaction region 7 in which a plasma is generated for reaction" (column 3, lines 56-60), i.e. (b) creating a plasma within the cavity.
YASUI shows in Fig. 1 (c) locating a workpiece within a cool zone as described in column 4 lines 27-35.
YASUI further teaches "The temperature of the surface of the substrate 14 may be in the range of from 300 to 1000° C" (column 5, lines 39-41), i.e. a range that overlaps with (c) locating a substrate within a cool zone in a hollow tube intersecting the cavity, the cool zone having an internal temperature no greater than 400°C during step (b). In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prim a facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990); ln re Geisler, 116 F.3d 1465, 1469-71, 43 USPQ2d, 1362, 1365-66 (Fed. Cir. 1997). See MPEP 2144.05.
YASUI teaches "Now, a diamond film is uniformly deposited by way of vapor growth on the substrate 14 because of the plasma" (column 5, lines 34-36), i.e. (d) growing a diamond layer on the substrate within the cool zone.
The claim rejection(s) under AIA 35 U.S.C. 103 as being obvious over Yasui et al. US Patent Number 5,292,371 hereinafter YASUI in view of Grotjohn et al. US PGPub 201710271132 hereinafter GROTJOHN as applied to claim 1 and 10 above, and further in view of Slutz US Patent Number 5,491,002 hereinafter SLUTZ on claims 2-3 and 11-12 are maintained. The rejection is amended below to meet the added claim limitations.
As for claim 2, YASUI and GROTJOHN are silent on further comprising depositing at least a second layer on the diamond or graphitic layer, in the reactor, the second layer being of a different material than the diamond or graphitic layer and the second layer being an insulating material.
SLUTZ teaches "Multilayer CVD diamond films are provided, wherein grain boundaries of the diam and layers are interrupted by renucleating and growing diam and on new nucleation sites comprised of metal. These nucleation sites are positioned on the interface between diamond layers. Methods for producing these multilayer CVD diamond films are also provided wherein the diamond growth on a substrate is interrupted by the deposition of metals which provide new nucleation sites. Diamond growth is then reinitiated" (abstract).
SLUTZ teaches "This allows the grain boundaries between individual crystals to lie in a plane through the thickness of the diam and layer. These boundaries are regions of lower strength; therefore, cracks can propagate more easily through them. Since there is no interruption of the grain boundaries through the thickness of the layer, layers tend to crack and fall apart. If the grain boundaries were interrupted and the diamond film multilayered, crack propagation would be more difficult in such a film, and the structure would give the film more transverse strength." (column 2, lines 35-44).
SLUTZ further teaches “The multilayer diamond films of the present invention have diamond nucleation sites positioned at an interface between layers of diamond film. These nucleation sites are comprised of a non-diamond material, typically a metal and preferably a carbide-forming metal. The carbide-forming metal can react with the diamond, forming a strong bond thereto. This is desirable so as to avoid weaknesses within the diamond film. Preferred carbide formers include… silicon” (column 3, lines 44-53), i.e. applying a silicon carbide which is an insulating material i.e. further comprising depositing at least a second layer on the diamond or graphitic layer, in the reactor, the second layer being of a different material than the diamond or graphitic layer and the second layer being an insulating material.
It would have been obvious to one of ordinary skill in the art before the effective filing date to include further comprising depositing at least a second layer on the diamond or graphitic layer, in the reactor, the second layer being of a different material than the diamond or graphitic layer and the second layer being an insulating material in the process of YASUI and GROTJOHN because SLUTZ teaches that such a process can produce a diamond layer that doesn't propagate cracks as easily.
As for claim 3, YASUI and GROTJOHN are silent on further comprising depositing at least a third layer on the second layer in the reactor, the third layer being of a different material than the second layer.
SLUTZ teaches "Multilayer CVD diamond films are provided, wherein grain boundaries of the diam and layers are interrupted by renucleating and growing diam and on new nucleation sites comprised of metal. These nucleation sites are positioned on the interface between diamond layers. Methods for producing these multilayer CVD diamond films are also provided wherein the diamond growth on a substrate is interrupted by the deposition of metals which provide new nucleation sites. Diamond growth is then reinitiated" (abstract).
SLUTZ teaches "This allows the grain boundaries between individual crystals to lie in a plane through the thickness of the diam and layer. These boundaries are regions of lower strength; therefore, cracks can propagate more easily through them. Since there is no interruption of the grain boundaries through the thickness of the layer, layers tend to crack and fall apart. If the grain boundaries were interrupted and the diamond film multilayered, crack propagation would be more difficult in such a film, and the structure would give the film more transverse strength." (column 2, lines 35-44).
SLUTZ further teaches "The multilayer CVD diamond films of this invention have new diam and nucleating sites at an interface between layers of diam and film. These new nucleating sites are com prised of meta I and provide new regions of growth for the subsequent diamond layer. The metal deposited on the diamond provides new growth patterns with new grain boundaries , thus interrupting all existing grain boundaries" (column 3, lines 7-13), i.e. wherein applying diamond layers that differ by grain boundaries.
It would have been obvious to one of ordinary skill in the art before the effective filing date to apply layers of diamond with differing grain boundaries such that further comprising depositing at least a third layer on the second layer in the reactor, the third layer being of a different material than the second layer in the process of YASUI and GROTJOHN because SLUTZ teaches that such a process can produce a diamond layer that doesn't propagate cracks as easily.
As for claim 11, YASUI and GROTJOHN are silent on further comprising depositing at least a second layer on the diamond or graphitic layer, in the reactor, the second layer being of a different material than the diamond or graphitic layer and the second layer being an insulating material.
SLUTZ teaches "Multilayer CVD diamond films are provided, wherein grain boundaries of the diam and layers are interrupted by renucleating and growing diam and on new nucleation sites comprised of metal. These nucleation sites are positioned on the interface between diamond layers. Methods for producing these multilayer CVD diamond films are also provided wherein the diamond growth on a substrate is interrupted by the deposition of metals which provide new nucleation sites. Diamond growth is then reinitiated" (abstract).
SLUTZ teaches "This allows the grain boundaries between individual crystals to lie in a plane through the thickness of the diam and layer. These boundaries are regions of lower strength; therefore, cracks can propagate more easily through them. Since there is no interruption of the grain boundaries through the thickness of the layer, layers tend to crack and fall apart. If the grain boundaries were interrupted and the diamond film multilayered, crack propagation would be more difficult in such a film, and the structure would give the film more transverse strength." (column 2, lines 35-44).
SLUTZ further teaches “The multilayer diamond films of the present invention have diamond nucleation sites positioned at an interface between layers of diamond film. These nucleation sites are comprised of a non-diamond material, typically a metal and preferably a carbide-forming metal. The carbide-forming metal can react with the diamond, forming a strong bond thereto. This is desirable so as to avoid weaknesses within the diamond film. Preferred carbide formers include… silicon” (column 3, lines 44-53), i.e. applying a silicon carbide which is an insulating material i.e. further comprising depositing at least a second layer on the diamond or graphitic layer, in the reactor, the second layer being of a different material than the diamond or graphitic layer and the second layer being an insulating material.
It would have been obvious to one of ordinary skill in the art before the effective filing date to include further comprising depositing at least a second layer on the diamond or graphitic layer, in the reactor, the second layer being of a different material than the diamond or graphitic layer and the second layer being an insulating material in the process of YASUI and GROTJOHN because SLUTZ teaches that such a process can produce a diamond layer that doesn't propagate cracks as easily.
As for claim 12, YASUI and GROTJOHN are silent on further comprising depositing at least a third layer on the second layer in the reactor, the third layer being of a different material than the second layer.
SLUTZ teaches "Multilayer CVD diamond films are provided, wherein grain boundaries of the diam and layers are interrupted by renucleating and growing diam and on new nucleation sites comprised of metal. These nucleation sites are positioned on the interface between diamond layers. Methods for producing these multilayer CVD diamond films are also provided wherein the diamond growth on a substrate is interrupted by the deposition of metals which provide new nucleation sites. Diamond growth is then reinitiated" (abstract).
SLUTZ teaches "This allows the grain boundaries between individual crystals to lie in a plane through the thickness of the diam and layer. These boundaries are regions of lower strength; therefore, cracks can propagate more easily through them. Since there is no interruption of the grain boundaries through the thickness of the layer, layers tend to crack and fall apart. If the grain boundaries were interrupted and the diamond film multilayered, crack propagation would be more difficult in such a film, and the structure would give the film more transverse strength." (column 2, lines 35-44).
SLUTZ further teaches "The multilayer CVD diamond films of this invention have new diam and nucleating sites at an interface between layers of diam and film. These new nucleating sites are comprised of metaI and provide new regions of growth for the subsequent diamond layer. The metal deposited on the diamond provides new growth patterns with new grain boundaries , thus interrupting all existing grain boundaries" (column 3, lines 7-13), i.e. wherein applying diamond layers that differ by grain boundaries.
It would have been obvious to one of ordinary skill in the art before the effective filing date to apply layers of diamond with differing grain boundaries such that further comprising depositing at least a third layer on the second layer in the reactor, the third layer being of a different material than the second layer in the process of YASUI and GROTJOHN because SLUTZ teaches that such a process can produce a diamond layer that doesn't propagate cracks as easily.
The claim rejection(s) under AIA 35 U.S.C. 103 as being obvious over Yasui et al. US Patent Number 5,292,371 hereinafter YASUI in view of Grotjohn et al. US PGPub 201710271132 hereinafter GROT JOHN as applied to claim 1 and 10 above, and further in view of Asmussen et al. US Pant Number 5,311,103 hereinafter ASMUSSEN on claims 4 and 13 are maintained. The rejection is amended below to meet the added claim limitations.
As for claim 4, YASUI is silent on further comprising a programmable controller automatically moving the workpiece within the tube during the plasma creation in order to vary a characteristic of the growing step. In fact, YASUI is silent on any control aspect of its reactor chamber.
GROTJOHN teaches “This is a multivariable optimization procedure that is initially performed by the operator during process development and after some experience it can also be performed automatically via a preprogrammed recipe” (paragraph 84, lines 18-21), i.e. providing a programmable controller to automatically adjust a parameter of the reactor to optimize, or vary, a characteristic of the growing step.
ASMUSSEN teaches "The present invention relates to an improved apparatus for coating a surface of a substrate with a material (such as diamond film) using a plasma generated by a microwave or UHF power source" (column 1, lines 9-12).
ASMUSSEN teaches "The susceptor 51 is mounted on a non-metallic tube 52 which stands on a moving stage 54 used to change the position of the substrate 50 with respect to the plasma 56 produced in the cavity 12" (column 5, lines 9-15) and "stage means which forms part of the cavity and provides for mounting a substrate to be coated with the material, the stage means having a support surface which is in a plane around the longitudinal axis and which is movable towards and away from the plasma in the chamber means so that the substrate can be coated with the material" (column 6, lines 47-53).
ASMUSSEN further teaches "the substrate 50 stage is adjustable in that it can be moved up and down independently, this feature together with the independent sliding short 16 and excitation probe 30 movement allow the movement of the relative position of the substrate 50 with respect to the plasm a 56 so that the optimum deposition conditions can be reached" (column 11, lines 57-63), i.e. further comprising moving the workpiece within the tube during the plasma creation in order to vary a characteristic of the growing step.
It would have been obvious to one of ordinary skill in the art before the effective filing date to have further comprising a programmable controller automatically moving the workpiece within the cool zone during the plasma creation in order to vary a characteristic of the growing step in the process of YASUI because ASMUSSEN teaches that such a process can be used to produce optimum results for a coating and GROTJOHN teaches using programmable computers as a way to control a process without the need for manual input.
As for claim 13, YASUI is silent on further comprising a programmable controller automatically moving the workpiece within the tube during the plasma creation in order to vary a characteristic of the growing step. In fact, YASUI is silent on any control aspect of its reactor chamber.
GROTJOHN teaches “This is a multivariable optimization procedure that is initially performed by the operator during process development and after some experience it can also be performed automatically via a preprogrammed recipe” (paragraph 84, lines 18-21), i.e. providing a programmable controller to automatically adjust a parameter of the reactor to optimize, or vary, a characteristic of the growing step.
ASMUSSEN teaches "The present invention relates to an improved apparatus for coating a surface of a substrate with a material (such as diamond film) using a plasma generated by a microwave or UHF power source" (column 1, lines 9-12).
ASMUSSEN teaches "The susceptor 51 is mounted on a non-metallic tube 52 which stands on a moving stage 54 used to change the position of the substrate 50 with respect to the plasma 56 produced in the cavity 12" (column 5, lines 9-15) and "stage means which forms part of the cavity and provides for mounting a substrate to be coated with the material, the stage means having a support surface which is in a plane around the longitudinal axis and which is movable towards and away from the plasma in the chamber means so that the substrate can be coated with the material" (column 6, lines 47-53).
ASMUSSEN further teaches "the substrate 50 stage is adjustable in that it can be moved up and down independently, this feature together with the independent sliding short 16 and excitation probe 30 movement allow the movement of the relative position of the substrate 50 with respect to the plasm a 56 so that the optimum deposition conditions can be reached" (column 11, lines 57-63), i.e. further comprising moving the workpiece within the tube during the plasma creation in order to vary a characteristic of the growing step.
It would have been obvious to one of ordinary skill in the art before the effective filing date to have further comprising a programmable controller automatically moving the workpiece within the cool zone during the plasma creation in order to vary a characteristic of the growing step in the process of YASUI because ASMUSSEN teaches that such a process can be used to produce optimum results for a coating and GROTJOHN teaches using programmable computers as a way to control a process without the need for manual input.
The claim rejection(s) under AIA 35 U.S.C. 103 as being obvious over Yasui et al. US Patent Number 5,292,371 hereinafter YASUI in view of Grotjohn et al. US PGPub 201710271132 hereinafter GROT JOHN as applied to claim 1 and 10 above, and further in view of House et al. US PGPub 200310104139 hereinafter HOUSE on claims 5 and 14 are maintained. The rejection is repeated below for convenience.
As for claim 5, YASUI and GROTJOHN are silent on further comprising using a gantry to move a plasma generating head, which includes the cavity, relative to the workpiece during the plasma creation and the growing steps.
HOUSE teaches "This present invention is directed to an apparatus for depositing a plasma chemical vapor deposition (PCVD) coating on the inside of a preform used for the drawing of optical fibers" (abstract, lines 1-4) and "The plasma in this process is generated inside the tube by the application of microwaves to the feed gases" (paragraph 7, lines 4-5). HOUSE teaches "b) an applicator head for application of microwaves having a chamber and two circular openings on both ends of the chamber configured to allow the applicator head to move over a glass tube or for moving a glass tube through, along its longitudinal axis; wherein the waveguide emerges into the applicator head with the long axis of the rectangular cross-section of the waveguide substantially parallel to the longitudinal axis of the glass tube" (paragraph 10, lines 7-15), i.e. further comprising using a gantry to move a plasma generating head, which includes the cavity, relative to the workpiece during the plasma creation and the growing steps.
HOUSE further teaches "An advantage of the above embodiments is to provide novel microwave applicator designs used in the apparatus which preferably allow for a more intense, circumferentially symmetric plasma, under normal operating conditions; thereby, resulting in a more uniform coating" (paragraph 13).
It would have been obvious to one of ordinary skill in the art before the effective filing date to include further comprising using a gantry to move a plasma generating head, which includes the cavity, relative to the workpiece during the plasma creation and the growing steps in the process of YASUI and GROTJOHN because HOUSE teaches that such an embodiment allows for a more intense, circumferentially symmetric plasma.
As for claim 14, YASUI and GROTJOHN are silent on further comprising using a gantry to move a plasma generating head, which includes the cavity, relative to the workpiece during the plasma creation and the growing steps.
HOUSE teaches "This present invention is directed to an apparatus for depositing a plasma chemical vapor deposition (PCVD) coating on the inside of a preform used for the drawing of optical fibers" (abstract, lines 1-4) and "The plasma in this process is generated inside the tube by the application of microwaves to the feed gases" (paragraph 7, lines 4-5). HOUSE teaches "b) an applicator head for application of microwaves having a chamber and two circular openings on both ends of the chamber configured to allow the applicator head to move over a glass tube or for moving a glass tube through, along its longitudinal axis; wherein the waveguide emerges into the applicator head with the long axis of the rectangular cross-section of the waveguide substantially parallel to the longitudinal axis of the glass tube" (paragraph 10, lines 7-15), i.e. further comprising using a gantry to move a plasma generating head, which includes the cavity, relative to the workpiece during the plasma creation and the growing steps.
HOUSE further teaches "An advantage of the above embodiments is to provide novel microwave applicator designs used in the apparatus which preferably allow for a more intense, circumferentially symmetric plasma, under normal operating conditions; thereby, resulting in a more uniform coating" (paragraph 13).
It would have been obvious to one of ordinary skill in the art before the effective filing date to include further comprising using a gantry to move a plasma generating head, which includes the cavity, relative to the workpiece during the plasma creation and the growing steps in the process of YASUI and GROTJOHN because HOUSE teaches that such an embodiment allows for a more intense, circumferentially symmetric plasma.
The claim rejection(s) under AIA 35 U.S.C. 103 as being obvious over Yasui et al. US Patent Number 5,292,371 hereinafter YASUI in view of Grotjohn et al. US PGPub 201710271132 hereinafter GROT JOHN as applied to claim 1 above, and further in view of Shatas US Patent Number 5,387,288 hereinafter SHATAS on claim 6 is maintained. The rejection is repeated below for convenience.
As for claim 6, YASUI is silent on further comprising using a programmable controller to automatically adjust the plasma based on sensor signals.
GROTJOHN teaches “This is a multivariable optimization procedure that is initially performed by the operator during process development and after some experience it can also be performed automatically via a preprogrammed recipe” (paragraph 84, lines 18-21), i.e. providing a programmable controller to automatically adjust a parameter of the reactor to optimize, or vary, a characteristic of the growing step.
GROTJOHN further teaches “The particular operating pressure in the plasma chamber 20 can range between about 10 Torr and 760 Torr and can be suitably controlled by the vacuum pump 194 and/or by source gas flow rates” (paragraph 88, lines 3-7), i.e. adjusting the flow of a gas to control the plasma as a function of pressure.
SHATAS teaches “Other sides of the process chamber 114 are used to introduce gases into the chamber and to affix various pressure gauges, site ports, and other instruments in accordance with techniques which are well-known. The process chamber access ports, also located on the process chamber sides, permit plasma diagnostics and in-situ surface analysis to be performed. In a preferred embodiment, the system is fully automated, utilizing a microprocessor to provide process control, data process collection, analysis and display” (column 7, lines 31-41), and “Once the substrate is loaded, the system provides complete control in real time process including gas, vacuum, pressure, plasma formation, temperature and substrate position” (column 7, lines 41-44) i.e. adjusting the plasma automatically using a controller in response to temperature.
Examiner notes that GROTJOHN, YASUI and SHATAS are specifically silent on valves. However, valves are well-known pieces of equipment for controlling gas flows, which would fall withing SHATAS teaches of ‘other instruments in accordance with techniques well known in the art’.
It would have been obvious to one of ordinary skill in the art before the effective filing date to include further comprising using a programmable controller to automatically control a valve in order to adjust the plasma based on temperature sensor signals in the process of YASUI because SHATAS teaches that such a control scheme allows for the system to be fully automated.
The claim rejection(s) under AIA 35 U.S.C. 103 as being obvious over Yasui et al. US Patent Number 5,292,371 hereinafter YASUI in view of Grotjohn et al. US PGPub 201710271132 hereinafter GROT JOHN as applied to claim 1 and 10 above, and further in view of Koga et al. US PGPub 200710172660 hereinafter KOGA on claims 8-9 and 15-16 are maintained. The rejection is repeated below for convenience.
As for claim 8, YASUI and GROTJOHN are silent on further comprising causing the diamond layer to have 5-20 nm grain size grown upon the workpiece, which is polymeric, and the workpiece having a surface area of at least 1 cm2 upon which the diamond layer is grown.
KOGA teaches "The invention relates to a carbon film and a laminate having new physical properties, and an optical device, optical glass, wrist watch, electronic circuit substrate, or grinding tool comprising the same" (paragraph 1).
KOGA teaches "The carbon film, the carbon particle, and the laminate of the invention have optical characteristics of retaining a high transparency, have a high refraction index and a small double refractivity even when the particle is smaller, are excellent in the electric insulating property, can be coated with good adhesion irrespective of the types of the substrates including iron, copper, and plastics, and can be formed at a low temperature" (paragraph 37), i.e. the workpiece, which is polymeric.
KOGA teaches "Further, the grain size of the carbon particles can be controlled by the time of conducting the surface wave plasma treatment" (paragraph 53, lines 12- 15), "Further, the grain size of the carbon particles can be controlled by the time for conducting the surface wave plasma treatment" (paragraph 58, lines 11-13), and "it is found to be characteristic that crystalline carbon particles with the grain size of 1 nm to several tens nm are formed with being packed without gaps and the grain size distribution does not change at the interface between the film and the substrate, in the film, and near the uppermost surface of the film ( average grain size is substantially equal)" (paragraph 80, lines 3-9), i.e. a range that overlaps with further comprising causing the diamond layer to have 5-20 nm grain size grown upon the workpiece.
KOGA teaches "The carbon film of the invention can be obtainable mainly by adopting specified production conditions. For preparing the carbon film, it is necessary for using a surface wave plasma generation apparatus capable of forming a large area film" (paragraph 41, lines 1-5) and "This can lower the CVD treatment temperature for the glass substrate to a temperature lower than the distortion point and plasmas can be generated uniformly over a large area of 380 mmx340 mm or more" (paragraph 71, lines 13-17).
KOGA teaches "The invention has been achieved in view of the foregoing situations in the current carbon films represented by diam and-like carbon or diam and. That is, an object of the invention is to provide a carbon film and a laminate having optical characteristics of retaining high transparency, having high refraction index and less double refractivity even in a case where the particle is smaller, excellent in electric insulating property, capable of being coated at good adhesion irrespective of the kinds of substrates including iron, copper and plastics, and capable of being formed at a low temperature, as well as to provide an optical device, optical glass, wrist watch, electronic substrate, or grinding tool utilizing the same" (paragraph 13).
It would have been obvious to one of ordinary skill in the art before the effective filing date to include further comprising causing the diamond layer to have 5-20 nm grain size grown upon the workpiece, which is polymeric, and the workpiece having a surface area of at least 1 cm2 upon which the diamond layer is grown in the process of YASUI and GROTJOHN because KOGA teaches that such a grain size has beneficial properties, plastics are desired substrates, and plasma treating large surface areas produces uniform coating.
As for claim 9, YASUI and GROTJOHN are silent on further comprising causing the diamond layer to have 5-20 nm grain size grown upon the workpiece, which is silicon, and the workpiece having a surface area of at least 1 cm2 upon which the diamond layer is grown.
KOGA teaches "The invention relates to a carbon film and a laminate having new physical properties, and an optical device, optical glass, wrist watch, electronic circuit substrate, or grinding tool comprising the same" (paragraph 1).
KOGA teaches "The carbon film, the carbon particle, and the laminate of the invention have optical characteristics of retaining a high transparency, have a high refraction index and a small double refractivity even when the particle is smaller, are excellent in the electric insulating property, can be coated with good adhesion irrespective of the types of the substrates including iron, copper, and plastics, and can be formed at a low temperature" (paragraph 37), and "With regard to the laminate, the substrate is, preferably, one member selected from glass, quartz, silicon, plastic, ceramic, or a group of metals such as stainless steel and copper" (paragraph 29) i.e. the workpiece, which is silicon.
KOGA teaches "Further, the grain size of the carbon particles can be controlled by the time of conducting the surface wave plasma treatment" (paragraph 53, lines 12- 15), "Further, the grain size of the carbon particles can be controlled by the time for conducting the surface wave plasma treatment" (paragraph 58, lines 11-13), and "it is found to be characteristic that crystalline carbon particles with the grain size of 1 nm to several tens nm are formed with being packed without gaps and the grain size distribution does not change at the interface between the film and the substrate, in the film, and near the uppermost surface of the film ( average grain size is substantially equal)" (paragraph 80, lines 3-9), i.e. a range that overlaps with further comprising causing the diamond layer to have 5-20 nm grain size grown upon the workpiece.
KOGA teaches "The carbon film of the invention can be obtainable mainly by adopting specified production conditions. For preparing the carbon film, it is necessary for using a surface wave plasma generation apparatus capable of forming a large area film" (paragraph 41, lines 1-5) and "This can lower the CVD treatment temperature for the glass substrate to a temperature lower than the distortion point and plasmas can be generated uniformly over a large area of 380 mmx340 mm or more" (paragraph 71, lines 13-17).
KOGA teaches "The invention has been achieved in view of the foregoing situations in the current carbon films represented by diam and-like carbon or diam and. That is, an object of the invention is to provide a carbon film and a laminate having optical characteristics of retaining high transparency, having high refraction index and less double refractivity even in a case where the particle is smaller, excellent in electric insulating property, capable of being coated at good adhesion irrespective of the kinds of substrates including iron, copper and plastics, and capable of being formed at a low temperature, as well as to provide an optical device, optical glass, wrist watch, electronic substrate, or grinding tool utilizing the same" (paragraph 13).
It would have been obvious to one of ordinary skill in the art before the effective filing date to include further comprising causing the diamond layer to have 5-20 nm grain size grown upon the workpiece, which is silicon, and the workpiece having a surface area of at least 1 cm2 upon which the diamond layer is grown in the process of YASUI and GROTJOHN because KOGA teaches that such a grain size has beneficial properties, plastics are desired substrates, and plasma treating large surface areas produces uniform coating.
As for claim 15, YASUI and GROTJOHN are silent on further comprising causing the diamond layer to have 5-20 nm grain size grown upon the workpiece, which is polymeric, and the workpiece having a surface area of at least 1 cm2 upon which the diamond layer is grown.
KOGA teaches "The invention relates to a carbon film and a laminate having new physical properties, and an optical device, optical glass, wrist watch, electronic circuit substrate, or grinding tool comprising the same" (paragraph 1).
KOGA teaches "The carbon film, the carbon particle, and the laminate of the invention have optical characteristics of retaining a high transparency, have a high refraction index and a small double refractivity even when the particle is smaller, are excellent in the electric insulating property, can be coated with good adhesion irrespective of the types of the substrates including iron, copper, and plastics, and can be formed at a low temperature" (paragraph 37), i.e. the workpiece, which is polymeric.
KOGA teaches "Further, the grain size of the carbon particles can be controlled by the time of conducting the surface wave plasma treatment" (paragraph 53, lines 12- 15), "Further, the grain size of the carbon particles can be controlled by the time for conducting the surface wave plasma treatment" (paragraph 58, lines 11-13), and "it is found to be characteristic that crystalline carbon particles with the grain size of 1 nm to several tens nm are formed with being packed without gaps and the grain size distribution does not change at the interface between the film and the substrate, in the film, and near the uppermost surface of the film ( average grain size is substantially equal)" (paragraph 80, lines 3-9), i.e. a range that overlaps with further comprising causing the diamond layer to have 5-20 nm grain size grown upon the workpiece.
KOGA teaches "The carbon film of the invention can be obtainable mainly by adopting specified production conditions. For preparing the carbon film, it is necessary for using a surface wave plasma generation apparatus capable of forming a large area film" (paragraph 41, lines 1-5) and "This can lower the CVD treatment temperature for the glass substrate to a temperature lower than the distortion point and plasmas can be generated uniformly over a large area of 380 mmx340 mm or more" (paragraph 71, lines 13-17).
KOGA teaches "The invention has been achieved in view of the foregoing situations in the current carbon films represented by diam and-like carbon or diam and. That is, an object of the invention is to provide a carbon film and a laminate having optical characteristics of retaining high transparency, having high refraction index and less double refractivity even in a case where the particle is smaller, excellent in electric insulating property, capable of being coated at good adhesion irrespective of the kinds of substrates including iron, copper and plastics, and capable of being formed at a low temperature, as well as to provide an optical device, optical glass, wrist watch, electronic substrate, or grinding tool utilizing the same" (paragraph 13).
It would have been obvious to one of ordinary skill in the art before the effective filing date to include further comprising causing the diamond layer to have 5-20 nm grain size grown upon the workpiece, which is polymeric, and the workpiece having a surface area of at least 1 cm2 upon which the diamond layer is grown in the process of YASUI and GROTJOHN because KOGA teaches that such a grain size has beneficial properties, plastics are desired substrates, and plasma treating large surface areas produces uniform coating.
As for claim 16, YASUI and GROTJOHN are silent on further comprising causing the diamond layer to have 5-20 nm grain size grown upon the workpiece, which is silicon, and the workpiece having a surface area of at least 1 cm2 upon which the diamond layer is grown.
KOGA teaches "The invention relates to a carbon film and a laminate having new physical properties, and an optical device, optical glass, wrist watch, electronic circuit substrate, or grinding tool comprising the same" (paragraph 1).
KOGA teaches "The carbon film, the carbon particle, and the laminate of the invention have optical characteristics of retaining a high transparency, have a high refraction index and a small double refractivity even when the particle is smaller, are excellent in the electric insulating property, can be coated with good adhesion irrespective of the types of the substrates including iron, copper, and plastics, and can be formed at a low temperature" (paragraph 37), and "With regard to the laminate, the substrate is, preferably, one member selected from glass, quartz, silicon, plastic, ceramic, or a group of metals such as stainless steel and copper" (paragraph 29) i.e. the workpiece, which is silicon.
KOGA teaches "Further, the grain size of the carbon particles can be controlled by the time of conducting the surface wave plasma treatment" (paragraph 53, lines 12- 15), "Further, the grain size of the carbon particles can be controlled by the time for conducting the surface wave plasma treatment" (paragraph 58, lines 11-13), and "it is found to be characteristic that crystalline carbon particles with the grain size of 1 nm to several tens nm are formed with being packed without gaps and the grain size distribution does not change at the interface between the film and the substrate, in the film, and near the uppermost surface of the film ( average grain size is substantially equal)" (paragraph 80, lines 3-9), i.e. a range that overlaps with further comprising causing the diamond layer to have 5-20 nm grain size grown upon the workpiece.
KOGA teaches "The carbon film of the invention can be obtainable mainly by adopting specified production conditions. For preparing the carbon film, it is necessary for using a surface wave plasma generation apparatus capable of forming a large area film" (paragraph 41, lines 1-5) and "This can lower the CVD treatment temperature for the glass substrate to a temperature lower than the distortion point and plasmas can be generated uniformly over a large area of 380 mmx340 mm or more" (paragraph 71, lines 13-17).
KOGA teaches "The invention has been achieved in view of the foregoing situations in the current carbon films represented by diam and-like carbon or diam and. That is, an object of the invention is to provide a carbon film and a laminate having optical characteristics of retaining high transparency, having high refraction index and less double refractivity even in a case where the particle is smaller, excellent in electric insulating property, capable of being coated at good adhesion irrespective of the kinds of substrates including iron, copper and plastics, and capable of being formed at a low temperature, as well as to provide an optical device, optical glass, wrist watch, electronic substrate, or grinding tool utilizing the same" (paragraph 13).
It would have been obvious to one of ordinary skill in the art before the effective filing date to include further comprising causing the diamond layer to have 5-20 nm grain size grown upon the workpiece, which is silicon, and the workpiece having a surface area of at least 1 cm2 upon which the diamond layer is grown in the process of YASUI and GROTJOHN because KOGA teaches that such a grain size has beneficial properties, plastics are desired substrates, and plasma treating large surface areas produces uniform coating.
The claim rejection(s) under AIA 35 U.S.C. 103 as being obvious over Yasui et al. US Patent Number 5,292,371 hereinafter YASUI in view of Asmussen et al. US Pant Number 5,311,103 hereinafter ASMUSSEN on claims 17 and 19 are withdrawn because the claim has been amended.
Claim(s) 17, 19, and 22-25 are rejected under 35 U.S.C. 103 as being unpatentable over Yasui et al. US Patent Number 5,292,371 hereinafter YASUI in view of Asmussen et al. US Pant Number 5,311,103 hereinafter ASMUSSEN and Shatas US Patent Number 5,387,288 hereinafter SHATAS.
As for claim 17, YASUI teaches "A microwave plasma chemical vapor deposition apparatus allows the position of a plasma to be two-dimensionally adjusted in a reaction tube ... Using the microwave plasma chemical vapor deposition apparatus, a diamond film having a uniform quality and a uniform thickness is formed as on a substrate" (abstract, lines 1-3), i.e. a method for using a chemical vapor deposition flow through reactor.
YASUI teaches "The microwave oscillator 1 generates a microwave of a predetermined frequency, e.g., 2.45 GHz. The generated microwave may be directly introduced into the reaction tube 6, or may be introduced into the reaction tube 6 after it has been modulated into a pulse wave" (column 3, lines 27-31), i.e. (a) supplying microwave power to a cavity within the reactor.
YASUI teaches "A space region in the reaction tube 6 where the reaction tube 6 and the microwave waveguide la intersect with each other serves as a reaction region 7 in which a plasma is generated for reaction" (column 3, lines 56-60), i.e. (b) creating a plasma within the cavity.
YASUI is silent on (c) moving at least one of a substrate or the cavity, relative to the other during step (b).
ASMUSSEN teaches "The present invention relates to an improved apparatus for coating a surface of a substrate with a material (such as diamond film) using a plasma generated by a microwave or UHF power source" (column 1, lines 9-12).
ASMUSSEN teaches "The susceptor 51 is mounted on a non-metallic tube 52 which stands on a moving stage 54 used to change the position of the substrate 50 with respect to the plasma 56 produced in the cavity 12" (column 5, lines 9-15) and "stage means which forms part of the cavity and provides for mounting a substrate to be coated with the material, the stage means having a support surface which is in a plane around the longitudinal axis and which is movable towards and away from the plasma in the chamber means so that the substrate can be coated with the material" (column 6, lines 47-53).
ASMUSSEN further teaches "the substrate 50 stage is adjustable in that it can be moved up and down independently, this feature together with the independent sliding short 16 and excitation probe 30 movement allow the movement of the relative position of the substrate 50 with respect to the plasm a 56 so that the optimum deposition conditions can be reached" (column 11, lines 57-63), i.e. (c) moving at least one of a substrate or the cavity, relative to the other during step (b).
ASMUSSEN is silent on by a programmable controller automatically controlling an actuator.
SHATAS teaches “In a preferred embodiment, the system is fully automated, utilizing a microprocessor to provide process control, data process collection, analysis and display. Once the substrate is loaded, the system provides complete control in real time process including gas, vacuum, pressure, plasma formation, temperature and substrate position. The motorized wafer stage is also microprocessor controlled in accordance with techniques which are well-known and is used to position automatically the substrate” (column 7, lines 38-47).
It would have been obvious to one of ordinary skill in the art before the effective filing date to include (c) moving at least one of: a substrate or the cavity, relative to the other during step (b), by a programmable controller automatically controlling an actuator in the process of YASUI because ASMUSSEN teaches that such a movable substrate holder produces optimum deposition conditions and SHATAS teaches that using a programmable control allows for a fully automated system without need for manual control.
YASUI teaches "Now, a diamond film is uniformly deposited by way of vapor growth on the substrate 14 because of the plasma" (column 5, lines 34-36), i.e. (d) growing at least one of a diamond or graphitic layer, on the workpiece within the zone.
As for claim 19, YASU teaches "The temperature of the surface of the substrate 14 may be in the range of from 300 to 1000° C., preferably . from 450 to 950° C" (column 5, lines 39-41 ), i.e. a range that overlaps with a temperature within the hollow tube being no greater than 400° C in a cool zone during the plasma creation, and causing an internal temperature of a hot zone of the cavity where the plasma is created to be greater than that of the cool zone, with the substrate being located outside of the hot zone during the moving step. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990); In re Geisler, 116 F.3d 1465, 1469-71, 43 USPQ2d, 1362, 1365-66 (Fed. Cir. 1997). See MPEP 2144.05.
YASUI is silent on wherein the moving step comprises moving the substrate within a hollow tube coupled to the cavity during the plasma creation in order to vary a characteristic of the growing step.
ASMUSSEN teaches "The present invention relates to an improved apparatus for coating a surface of a substrate with a material (such as diamond film) using a plasma generated by a microwave or UHF power source" (column 1, lines 9-12).
ASMUSSEN teaches "The susceptor 51 is mounted on a non-metallic tube 52 which stands on a moving stage 54 used to change the position of the substrate 50 with respect to the plasma 56 produced in the cavity 12" (column 5, lines 9-15) and "stage means which forms part of the cavity and
provides for mounting a substrate to be coated with the material, the stage mean having a support surface which is in a plane around the longitudinal axis and which is movable towards and away from the plasma in the chamber means so that the substrate can be coated with the material" (column 6, lines 47-53).
ASMUSSEN further teaches "the substrate 50 stage is adjustable in that it can be moved up and down independently, this feature together with the independent sliding short 16 and excitation probe 30 movement allow the movement of the relative position of the substrate 50 with respect to the plasma 56 so that the optimum deposition conditions can be reached" (column 11, lines 57-63), i.e. further comprising moving the workpiece within the tube during the plasma creation in order to vary a characteristic of the growing step.
It would have been obvious to one of ordinary skill in the art before the effective filing date to have further comprising moving the workpiece within the tube during the plasma creation in order to vary a characteristic of the growing step in the process of YASUI because ASMUSSEN teaches that such a process can be used to produce optimum results for a coating.
As for claim 22, YASUI is silent on further comprising using the programmable controller to automatically control a valve in order to adjust the plasma based on temperature sensor signals.
SHATAS teaches “Other sides of the process chamber 114 are used to introduce gases into the chamber and to affix various pressure gauges, site ports, and other instruments in accordance with techniques which are well-known. The process chamber access ports, also located on the process chamber sides, permit plasma diagnostics and in-situ surface analysis to be performed. In a preferred embodiment, the system is fully automated, utilizing a microprocessor to provide process control, data process collection, analysis and display” (column 7, lines 31-41), and “Once the substrate is loaded, the system provides complete control in real time process including gas, vacuum, pressure, plasma formation, temperature and substrate position” (column 7, lines 41-44) i.e. adjusting the plasma automatically using a controller in response to temperature.
Examiner notes that YASUI and SHATAS are specifically silent on valves. However, valves are well-known pieces of equipment for controlling gas flows, which would fall withing SHATAS teaches of ‘other instruments in accordance with techniques well known in the art’.
It would have been obvious to one of ordinary skill in the art before the effective filing date to include further comprising using a programmable controller to automatically control a valve in order to adjust the plasma based on temperature sensor signals in the process of YASUI because SHATAS teaches that such a control scheme allows for the system to be fully automated.
As for claim 23, YASUI, SHATAS and ASMUSSEN are silent on further comprising a cable or belt-and pulley transmission is driven by the actuator, which is an electromagnetic actuator.
However, Examiner notes that ASMUSSEN and SHATAS both describe the importance of controlling the position of the substrate. Further, there is nothing in the specification that suggests that this particular kind of actuator is critical to the invention. It appears to be incidental how the substrate holder is moved, only that the holder be moved relative to the plasma. The disclosure provides no evidence of criticality for this limitation.
As for claim 24, YASUI, SHATAS and ASMUSSEN are silent on wherein the actuator is a fluid powered actuator.
However, Examiner notes that ASMUSSEN and SHATAS both describe the importance of controlling the position of the substrate. Further, there is nothing in the specification that suggests that this particular kind of actuator is critical to the invention. It appears to be incidental how the substrate holder is moved, only that the holder be moved relative to the plasma. The disclosure provides no evidence of criticality for this limitation.
As for claim 25, YASUI is silent on moving.
However, ASMUSSEN further teaches "the substrate 50 stage is adjustable in that it can be moved up and down independently, this feature together with the independent sliding short 16 and excitation probe 30 movement allow the movement of the relative position of the substrate 50 with respect to the plasm a 56 so that the optimum deposition conditions can be reached" (column 11, lines 57-63), i.e. wherein the movement is adjusted to get the desired deposition profile which would include further comprising creating different diamond layer thicknesses across the substrate by the moving step if that was the optimum desired deposition.
It would have been obvious to one of ordinary skill in the art before the effective filing date to have further comprising creating different diamond layer thicknesses across the substrate by the moving step in the process of YASUI because ASMUSSEN teaches that such a process can be used to produce optimum results for a coating.
The claim rejection(s) under AIA 35 U.S.C. 103 as being obvious over Yasui et al. US Patent Number 5,292,371 hereinafter YASUI in view of Asmussen et al. US Pant Number 5,311,103 hereinafter ASMUSSEN further in view of Slutz US Patent Number 5,491,002 hereinafter SLUTZ. on claim 18 is withdrawn because the independent claim 17 has been amended.
Claim(s) 18 is rejected under 35 U.S.C. 103 as being unpatentable over over Yasui et al. US Patent Number 5,292,371 hereinafter YASUI in view of Asmussen et al. US Pant Number 5,311,103 hereinafter ASMUSSEN and Shatas US Patent Number 5,387,288 hereinafter SHATAS as applied to claim 17 above, and further in view of Slutz US Patent Number 5,491,002 hereinafter SLUTZ.
As for claim 18, YASUI and GROTJOHN are silent on further comprising depositing at least a second layer on the diamond or graphitic layer, in the reactor, the second layer being of a different material than the diamond or graphitic layer and the second layer being an insulating material.
SLUTZ teaches "Multilayer CVD diamond films are provided, wherein grain boundaries of the diam and layers are interrupted by renucleating and growing diam and on new nucleation sites comprised of metal. These nucleation sites are positioned on the interface between diamond layers. Methods for producing these multilayer CVD diamond films are also provided wherein the diamond growth on a substrate is interrupted by the deposition of metals which provide new nucleation sites. Diamond growth is then reinitiated" (abstract).
SLUTZ teaches "This allows the grain boundaries between individual crystals to lie in a plane through the thickness of the diam and layer. These boundaries are regions of lower strength; therefore, cracks can propagate more easily through them. Since there is no interruption of the grain boundaries through the thickness of the layer, layers tend to crack and fall apart. If the grain boundaries were interrupted and the diamond film multilayered, crack propagation would be more difficult in such a film, and the structure would give the film more transverse strength." (column 2, lines 35-44).
SLUTZ further teaches “The multilayer diamond films of the present invention have diamond nucleation sites positioned at an interface between layers of diamond film. These nucleation sites are comprised of a non-diamond material, typically a metal and preferably a carbide-forming metal. The carbide-forming metal can react with the diamond, forming a strong bond thereto. This is desirable so as to avoid weaknesses within the diamond film. Preferred carbide formers include… silicon” (column 3, lines 44-53), i.e. applying a silicon carbide which is an insulating material i.e. further comprising depositing at least a second layer on the diamond or graphitic layer, in the reactor, the second layer being of a different material than the diamond or graphitic layer and the second layer being an insulating material.
It would have been obvious to one of ordinary skill in the art before the effective filing date to include further comprising depositing at least a second layer on the diamond or graphitic layer, in the reactor, the second layer being of a different material than the diamond or graphitic layer and the second layer being an insulating material in the process of YASUI and GROTJOHN because SLUTZ teaches that such a process can produce a diamond layer that doesn't propagate cracks as easily.
Claim(s) 26 is rejected under 35 U.S.C. 103 as being unpatentable over Yasui et al. US Patent Number 5,292,371 hereinafter YASUI in view of Asmussen et al. US Pant Number 5,311,103 hereinafter ASMUSSEN and Shatas US Patent Number 5,387,288 hereinafter SHATAS as applied to claim 17 above, and further in view of Grotjohn et al. US PGPub 201710271132 hereinafter GROTJOHN.
As for claim 26, YASUI, ASMUSSEN and SHATAS are silent on wherein an exterior size of the reactor is equal to or less than 20 cm.3
GROTJOHN teaches “The reactor 100 includes a (first) microwave chamber 10 (e.g. , a cylindrical chamber 120 as illustrated) having an internal volume 122” (paragraph 44, lines 5-7) and “The illustrate reactor 214 has four mechanically independent cavity applicator 40 adjustments: (1) variable coupling probe 150 length Lp, (2) variable substrate holder 163 length Ll , (3) variable top plate sliding short 140 position Ls, and (4) variable lower conducting short plate 170 position L2. These enable process optimization and impedance matching and are varied for discharge control as input power, pressure, gas flow, substrate holder design, etc. are varied” (paragraph 81, lines 6-14), i.e. wherein the internal volume is a function of the exterior chamber and the design of the interior chamber.
It would have been obvious to one of ordinary skill in the art before the effective filing date to design the exterior size of the reactor such that the internal volume is properly sized for producing the optimum conditions of a plasma deposition process. Discovery of optimum value of result effective variable in known process is ordinarily within the skill of the art. In re Boesch, CCPA 1980, 617 F.2d 272, 205 USPQ215.
Response to Arguments
Applicant's arguments filed 2/8/26 have been fully considered but they are not persuasive.
Applicant’s arguments are summarized and addressed below:
(a) Applicant argues that Grotjohn cannot be combined with Yasui even with improper hindsight reengineering as Grotjohn and YASUI are directed to different inventions. Yasui is directed to moving a plasma within a reaction tube and Grotjohn is generally directed to an optical measurement system to measure the surface of a substrate during deposition of a diamond, in a microwave cavity plasma reaction, The complex of Grotjohn's components are not mere substitutions for Yasui as they are completely different machines.
Examiner notes that GROTJOHN explicitly in paragraph 98 provides references and resources on how to adjust for differences in geometry and other parameters when designing a reaction chamber. Contrary to Applicant's assertion, GROTJOHN provides a person of ordinary skill in the art discussions of and resources for adjusting a reactor to be a different size, shape and still operate a microwave cavity CVD diamond deposition.
Further, Despite Applicant's recitation of different teachings of the inventions, their assertions that these are very different machines fall flat as they are both microwave chemical vapor deposition apparatus using plasma. The fact they have different structures is worth noting, but this does not mean they do not have teachings or suggestions that are not applicable to each other. In particular, the fact that GROTJOHN teaches a method of measuring during a microwave deposition process does not mean it cannot have general teachings about the nature of microwave deposition processes that can be applied to other of those processes.
Art does not have to be identical in order to be combined. They are different machines, but they are attempting the same process, microwave deposition using plasma of diamond. The use of patents as references is not limited to what the patentees describe as their own inventions or to the problems with which they are concerned. They are part of the literature of the art, relevant for all they contain.” In re Heck, 699 F.2d 1331, 1332-33, 216 USPQ 1038, 1039 (Fed. Cir. 1983) (quoting In re Lemelson, 397 F.2d 1006, 1009, 158 USPQ 275, 277 (CCPA 1968)).
As such this argument is not persuasive as both pieces of art are directed to microwave deposition using plasma to form diamond. Specific teachings do not remove them from an overall art.
(b) Applicant contends the GROTJOHN does not teach the claimed feature of "supplying microwave power of less than 100W within the reactor", pointing out that GROTJOHN teaches a different set of units, namely power density.
Examiner respectfully points out that GROTJOHN didn't just teach power density and power density and power are incredible closely related. Firstly, power density is power divided by volume. These variables are incredibly closely linked and to deny that a person of ordinary skill would not understand how power density within a chamber is a function of the power applied to that chamber is not reasonable at all, especially considering that the formula is expressed in the units (power divided by volume). Further, GROTJOHN also has direct teachings about the power, which were referenced in the rejection, stating that microwave powers are result effective variables.
Applicant's arguments here cannot be considered persuasive as they require the assumption that a person of ordinary skill in the art is incapable of calculating power density and fail to consider all of GROTJOHN's teachings.
(c) The amendments to the claims are unsupported.
There is not support for a combined process using both a cool and hot zone. The specification is specifically restricted to there only being one or the other. Applicant's amendments, while tailored to remove that art, art new subject matter and therefore rejected on their face.
As mentioned above, for purposes of compact prosecution, Examiner has interpreted the claim in line with the subject matter appearing in the specification and will not be considering any subject matter not appearing in the specification.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/KRISTEN A DAGENAIS/Examiner, Art Unit 1717
/Dah-Wei D. Yuan/Supervisory Patent Examiner, Art Unit 1717
Prosecution Insights