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Claims 17-21 withdrawn
Claims 1-16 pending
Election/Restrictions
Applicant’s election without traverse of claims 1-16 in the reply filed on 04/02/2026 is acknowledged.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Jung (PG Pub 2020/0039827 A1).
Consider Claim 1, Jung teaches the process of forming a carbon film (graphene, 40) on top of a pattern (abstract, figure 1), where the process of forming the carbon film (graphene film) is formed using plasma CVD [0038], using a gas mixture consisting of carbon source (of acetylene gas), inert gas such as Argon gas, and hydrogen gas [0047], and where the gas mixture of C2H2, H2, Ar form the graphene layer using plasma (figure 2B).
Consider Claim 2, Jung teaches the carbon source is acetylene gas [0047].
Consider Claims 3-4, Jung teaches the processing temperature is 700℃ or less [0005], or more preferably 300-700℃ [0049].
Consider Claim 5, Jung teaches the use of gas mixture comprising 5 sccm of the acetylene gas, 95 sccm of the argon gas, and 5 sccm of the hydrogen gas [0054], leading to 4.7%.
Consider Claim 6, Jung teaches the pattern is a trench (figure 1).
Claim(s) 1-8 and 13-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Matsumoto (PG Pub 2013/0059091 A1).
Consider Claim 1, Matsumoto teaches the process of forming carbon film (CNT) (abstract), teaches the CNT film (213) is formed using gas mixture consisting of acetylene (C2H2), hydrogen gas and Argon, under the plasma process [0100], forming a CNT (213) on top of a metal catalyst layer (211) as a pattern (figure 5).
Consider Claim 2, Matsumoto teaches the use of acetylene [0100].
Consider Claims 3-4, Matsumoto teaches the growth temperature is 350-550℃ [0103].
Consider Claim 5, Matsumoto teaches the hydrogen is supplied between 100-2000 ml/min [0106], with acetylene supplied between 5-200 mL/min [0105], with Ar supplied between 0-1000ml/min [0107]. Leading to (for example) H2, C2H2, Ar with amount of 3, 96, 1 ml/min with have hydrogen gas with 3% or more.
Consider Claims 6-8, Matsumoto teaches the aspect ratio of from 1-10 [0072].
Consider Claim 13, Matsumoto teaches the pattern is metal protrusion (211) from an interlayer insulating film (203) (figure 4, [0068]) where the carbon layer (CNT) 213 is formed on top of the metal layer (211) (figure 5).
Consider Claims 14-15, Matsumoto teaches the process of etching to form the opening 205 using photolithography/hard mask ([0068]-[0069] figure 4), where the carbon layer/CNT is grown within the recess after etching step (figure 5).
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.
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) 1-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jung (PG Pub 2020/0039827 A1).
Consider Claim 1, Jung teaches the process of forming a carbon film (graphene, 40) on top of a pattern (abstract, figure 1), where the process of forming the carbon film (graphene film) is formed using plasma CVD [0038], using a gas mixture consisting of carbon source (of acetylene gas), inert gas such as Argon gas, and hydrogen gas [0047], and where the gas mixture of C2H2, H2, Ar form the graphene layer using plasma (figure 2B).
Consider Claim 2, Jung teaches the carbon source is acetylene gas [0047].
Consider Claims 3-4, Jung teaches the processing temperature is 700℃ or less [0005], or more preferably 300-700℃ [0049]. 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). (MPEP 2144.05).
Consider Claim 5, Jung teaches the use of gas mixture comprising 5 sccm of the acetylene gas, 95 sccm of the argon gas, and 5 sccm of the hydrogen gas [0054], leading to 4.7%. 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). (MPEP 2144.05)
Consider Claim 6, Jung teaches the pattern is a trench (figure 1).
Claim(s) 1-8 and 13-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Matsumoto (PG Pub 2013/0059091 A1).
Consider Claim 1, Matsumoto teaches the process of forming carbon film (CNT) (abstract), teaches the CNT film (213) is formed using gas mixture consisting of acetylene (C2H2), hydrogen gas and Argon, under the plasma process [0100], forming a CNT (213) on top of a metal catalyst layer (211) as a pattern (figure 5).
Consider Claim 2, Matsumoto teaches the use of acetylene [0100].
Consider Claims 3-4, Matsumoto teaches the growth temperature is 350-550℃ [0103]. 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). (MPEP 2144.05).
Consider Claim 5, Matsumoto teaches the hydrogen is supplied between 100-2000 ml/min [0106], with acetylene supplied between 5-200 mL/min [0105], with Ar supplied between 0-1000ml/min [0107]. Leading to (for example) H2, C2H2, Ar with amount of 3, 96, 1 ml/min with have hydrogen gas with 3% or more. 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). (MPEP 2144.05).
Consider Claims 6-8, Matsumoto teaches the aspect ratio of from 1-10 [0072]. 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). (MPEP 2144.05).
Consider Claim 13, Matsumoto teaches the pattern is metal protrusion (211) from an interlayer insulating film (203) (figure 4, [0068]) where the carbon layer (CNT) 213 is formed on top of the metal layer (211) (figure 5).
Consider Claims 14-15, Matsumoto teaches the process of etching to form the opening 205 using photolithography/hard mask ([0068]-[0069] figure 4), where the carbon layer/CNT is grown within the recess after etching step (figure 5).
Claim(s) 9-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Matsumoto (PG Pub 2013/0059091 A1), and in view of Matsudo (WO 2022/050136 A1, equivalent to PG Pub 2023/0307215 A1 used in here for paragraph referencing).
Consider Claim 9-12, Matsumoto teaches the process of forming carbon film (CNT) (abstract), using system shown in figure 1, having electrode 87, and using plasma for deposition process [0100].
Matsumoto does not teach the claimed in claims 9-12.
However, Matsudo is in the process of forming film (claim 8), using plasma processing system (abstract), teaches the film forming process is under depressurized chamber (such as 0.2 Torr) [0009], a plasma with eV of 200 or less (with high impedance) (figure 6); and with 40.68 MHz [0068]; and an electrode (35) facing the stage (14), and the electrode (34) is between the stage (14) and the electrode (35) facing the stage (figure 1); and an impedance of the impedance circuit is set such that an impedance of an electrical path from the lower electrode through the impedance circuit to the ground is higher than an impedance of an electrical path from a wall of the chamber to the ground (abstract).
A person having ordinary skill in the art before the effective date of the claimed invention would combine Matsumoto with Matsudo to provides a technique for generating a high-density plasma in a high-pressure chamber and reducing energy applied to a substrate [0008].
Allowable Subject Matter
Claim 16 objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Mohammad Mayy whose telephone number is (571)272-9983. The examiner can normally be reached Monday to Friday, 11:00AM-7:00PM EST.
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/Mohammad Mayy/
Art Unit 1718
/GORDON BALDWIN/Supervisory Patent Examiner, Art Unit 1718
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