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 Objections
Applicant is advised that should claim 8 be found allowable, claim 10 will be objected to under 37 CFR 1.75 as being a substantial duplicate thereof. When two claims in an application are duplicates or else are so close in content that they both cover the same thing, despite a slight difference in wording, it is proper after allowing one claim to object to the other as being a substantial duplicate of the allowed claim. See MPEP § 608.01(m).
Examiner notes that changing Claim 10 to depend from Claim 9, rather than Claim 7, is one way to overcome this objection.
Claim Rejections - 35 USC § 102
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 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, 7, 8, 10, and 11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by WO ‘892 (WO 2017/121892, of record in the application, citations from attached machine translation).
Claim 1 – WO ‘892 teaches a process for synthesising a material in a chemical vapour deposition chamber and on a synthesis substrate (Abstract, CVD and substrate), between two plasma-generating electrodes (Page 5, “In a first embodiment of the invention, the synthesis is a CVD deposition and the reactants are ions of a plasma created near a surface of the substrate. In variants according to the first embodiment of the invention, the synthesis 29 is a simple CVD deposition, by PECVD operating with a continuous plasma, by PECVD operating with a radiofrequency plasma, by PECVD with a plasma produced by microwave, by CVD operating with a plasma produced by combustion, by PECVD with a plasma torch.”; Page 6, “The substrate holder is preferably connected to a first AC voltage source 16 for reasons to be described later. If necessary, the substrate holder is also connected to a direct current source 16 '. The substrate holder 3 is preferably mounted on a cooling plate 18 for regulating the temperature of the substrate. To this end, an inlet 19A and an outlet 19B of coolant are connected to this cooling plate 18. Above the substrate is a grid 4 and above the grid a filament 5. The filament is preferably mounted between two collimators 5A, which serve to focus the electric field for better collimation of the plasma. The collimators allow a better distribution of the temperature, as well as the plasma in the region of the deposit. It should also be noted that the invention is not limited to the position of the gate and the filament as illustrated in FIG. 3, and that these positions can be reversed. The gate 4 is connected to a second voltage source 6 and the filament 5 to a third voltage source 7. The second and third voltage sources are--> dc voltage sources. The gate may, if necessary, also be connected to a fourth source of AC voltage (not shown in the drawing). The filament is also connected to a fifth voltage source 8 which is a source of AC voltage. The first, second and third voltage sources serve to vary the electrical potential between the substrate, the gate and the filament, while the fifth voltage source 8 is used for heating the filament. By varying the electrical potential between the substrate, the gate and the filament, it is possible to vary the electric field in the chamber and thus control the plasma that will be produced in the chamber. The voltage applied to the filament and the gate can vary between 0.1 and 400 volts depending on the material to be synthesized. The grid is essentially used to regulate the flow of radical-carrying chemical substances or unsaturated molecules present in the chamber, while the filament serves to effect the activation of the gas.”), comprising:
introducing a carrier gas containing atoms of the material to be synthesised into the chamber (Page 6, “According to an example of use of the method according to the first embodiment of the invention, the substrate 21 and the synthesized material 31 are diamond. A gas for forming the plasma may comprise CH or C .sub.2 H .sub.2 , and H .sub.2 , and the plasma ions may comprise CH .sup.+ .sub.3 .”);
creating a plasma near the substrate to activate the atoms of the carrier gas containing atoms of the material to be synthesized (The filament discussed above forms the plasma); and
compressing the plasma to increase the volume density of activated atoms near the substrate and therefore the deposition speed of the material to be synthesized (Page 6, “The device 1 according to the invention also comprises a plasma focusing system 9 placed on the periphery of the substrate and arranged to improve the distribution of the temperature and the plasma in the region where the synthesis of the solid material will take place and where makes the deposit. The plasma focusing system 9 is for example formed by a ring placed around the substrate and shifted towards the top of the chamber relative to the substrate. The focusing system 9 may also be formed by a set of inverted U-shaped folded metal wires set around the substrate. The plasma focusing system is powered by a sixth voltage source 10, which supplies a direct current. The ring shape for focusing the plasma in relation to the filament is preferably made by two half-circles placed on either side of the substrate holder. The plasma focusing system 9 is preferably inclined towards the substrate holder in order to better focus the plasma towards the substrate.”).
Claim 7 – WO ‘892 teaches the process according to claim 1, further comprising:
applying a magnetic field near the substrate (this is inherent; the substrate holder is connected to a DC current source; DC current generates radial magnetic fields perpendicular to its direction of flow and thus a magnetic field is inherently generated near the substrate).
Claim 8 – WO ‘892 teaches the process according to claim 7, wherein:
the material to be synthesised is diamond,
the carrier gas containing atoms of the material to be synthesised is a carrier gas containing carbon atoms; and
a plasma is created near the substrate to generate reactive carbon atoms (all limitations above, Page 6, “According to an example of use of the method according to the first embodiment of the invention, the substrate 21 and the synthesized material 31 are diamond. A gas for forming the plasma may comprise CH or C .sub.2 H .sub.2 , and H .sub.2 , and the plasma ions may comprise CH .sup.+ .sub.3 .”).
Claim 10 – WO ‘892 teaches the process according to claim 7, wherein:
the material to be synthesised is diamond,
the carrier gas containing atoms of the material to be synthesised is a carrier gas containing carbon atoms; and
a plasma is created near the substrate to generate reactive carbon atoms (all limitations above, Page 6, “According to an example of use of the method according to the first embodiment of the invention, the substrate 21 and the synthesized material 31 are diamond. A gas for forming the plasma may comprise CH or C .sub.2 H .sub.2 , and H .sub.2 , and the plasma ions may comprise CH .sup.+ .sub.3 .”).
Claim 11 – WO ‘892 teaches the process according to claim 1, wherein:
the material to be synthesised is diamond,
the carrier gas containing atoms of the material to be synthesised is a carrier gas containing carbon atoms; and
a plasma is created near the substrate to generate reactive carbon atoms (all limitations above, Page 6, “According to an example of use of the method according to the first embodiment of the invention, the substrate 21 and the synthesized material 31 are diamond. A gas for forming the plasma may comprise CH or C .sub.2 H .sub.2 , and H .sub.2 , and the plasma ions may comprise CH .sup.+ .sub.3 .”).
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) 2-6, 9, and 12-13 are rejected under 35 U.S.C. 103 as being unpatentable over WO ‘892 in view of Cao ‘729 (U.S. PGPub 2010/0024729).
Claim 2 – WO ‘892 teaches the process according to claim 1, but does not expressly teach or suggest wherein the plasma is created by applying a direct current (DC) and a radio-frequency (RF) alternating current between the two electrodes. Separate DC and AC sources are disclosed but the frequency of the AC source is not discussed. Cao ‘729 discusses PECVD broadly (PG 0003) and discloses that radio-frequency AC sources are known for use in PECVD (PG 0003). Therefore, it would have been obvious to a person having ordinary skill in the art at the time the invention was made or filed to have modified the invention of WO ‘892 to use RF AC sources as power sources as disclosed in Cao ‘729, since WO ‘892 wants to use AC power sources for PECVD and Cao ‘729 discloses RF AC power sources are suitable for PECVD processes.
Claim 3 – WO ‘892 teaches a process for synthesising a material in a chemical vapour deposition chamber and on a synthesis substrate (Abstract, CVD and substrate), between two plasma-generating electrodes (Page 5, “In a first embodiment of the invention, the synthesis is a CVD deposition and the reactants are ions of a plasma created near a surface of the substrate. In variants according to the first embodiment of the invention, the synthesis 29 is a simple CVD deposition, by PECVD operating with a continuous plasma, by PECVD operating with a radiofrequency plasma, by PECVD with a plasma produced by microwave, by CVD operating with a plasma produced by combustion, by PECVD with a plasma torch.”; Page 6, “The substrate holder is preferably connected to a first AC voltage source 16 for reasons to be described later. If necessary, the substrate holder is also connected to a direct current source 16 '. The substrate holder 3 is preferably mounted on a cooling plate 18 for regulating the temperature of the substrate. To this end, an inlet 19A and an outlet 19B of coolant are connected to this cooling plate 18. Above the substrate is a grid 4 and above the grid a filament 5. The filament is preferably mounted between two collimators 5A, which serve to focus the electric field for better collimation of the plasma. The collimators allow a better distribution of the temperature, as well as the plasma in the region of the deposit. It should also be noted that the invention is not limited to the position of the gate and the filament as illustrated in FIG. 3, and that these positions can be reversed. The gate 4 is connected to a second voltage source 6 and the filament 5 to a third voltage source 7. The second and third voltage sources are--> dc voltage sources. The gate may, if necessary, also be connected to a fourth source of AC voltage (not shown in the drawing). The filament is also connected to a fifth voltage source 8 which is a source of AC voltage. The first, second and third voltage sources serve to vary the electrical potential between the substrate, the gate and the filament, while the fifth voltage source 8 is used for heating the filament. By varying the electrical potential between the substrate, the gate and the filament, it is possible to vary the electric field in the chamber and thus control the plasma that will be produced in the chamber. The voltage applied to the filament and the gate can vary between 0.1 and 400 volts depending on the material to be synthesized. The grid is essentially used to regulate the flow of radical-carrying chemical substances or unsaturated molecules present in the chamber, while the filament serves to effect the activation of the gas.”), comprising:
introducing a carrier gas containing atoms of the material to be synthesised into the chamber (Page 6, “According to an example of use of the method according to the first embodiment of the invention, the substrate 21 and the synthesized material 31 are diamond. A gas for forming the plasma may comprise CH or C .sub.2 H .sub.2 , and H .sub.2 , and the plasma ions may comprise CH .sup.+ .sub.3 .”);
wherein the plasma is created by applying a direct current (DC) and an alternating current between the two electrodes (as discussed above, at least the substrate holder and the gate may both be connected to DC and AC sources, applying both currents across the space between these two electrodes).
WO ‘892 does not expressly teach or suggest wherein the plasma is created by applying a direct current (DC) and a radio-frequency (RF) alternating current between the two electrodes. Separate DC and AC sources are disclosed but the frequency of the AC source is not discussed. Cao ‘729 discusses PECVD broadly (PG 0003) and discloses that radio-frequency AC sources are known for use in PECVD (PG 0003). Therefore, it would have been obvious to a person having ordinary skill in the art at the time the invention was made or filed to have modified the invention of WO ‘892 to use RF AC sources as power sources as disclosed in Cao ‘729, since WO ‘892 wants to use AC power sources for PECVD and Cao ‘729 discloses RF AC power sources are suitable for PECVD processes.
Claim 4 – WO ‘892 / Cao ‘729 renders obvious the process according to claim 3, further comprising: applying a magnetic field near the substrate (this is inherent; the substrate holder is connected to a DC current source; DC current generates radial magnetic fields perpendicular to its direction of flow and thus a magnetic field is inherently generated near the substrate).
Claim 5 – WO ‘892 / Cao ‘729 renders obvious the process according to claim 3, wherein:
the material to be synthesised is diamond,
the carrier gas containing atoms of the material to be synthesised is a carrier gas containing carbon atoms; and
a plasma is created near the substrate to generate reactive carbon atoms (all limitations above, Page 6, “According to an example of use of the method according to the first embodiment of the invention, the substrate 21 and the synthesized material 31 are diamond. A gas for forming the plasma may comprise CH or C .sub.2 H .sub.2 , and H .sub.2 , and the plasma ions may comprise CH .sup.+ .sub.3 .”).
Claim 6 – WO ‘892 / Cao ‘729 renders obvious the process according to claim 2, wherein the DC/RF ratio can be adjusted during synthesis (this is inherent; the DC and AC power sources are disclosed as separate sources as discussed in the rejection of Claim 1 and therefore can necessarily be controlled to separate values at any time as desired).
Claim 9 – WO ‘892 / Cao ‘729 renders obvious the process according to claim 2, further comprising: applying a magnetic field near the substrate (this is inherent; the substrate holder is connected to a DC current source; DC current generates radial magnetic fields perpendicular to its direction of flow and thus a magnetic field is inherently generated near the substrate).
Claim 12 – WO ‘892 / Cao ‘729 renders obvious the process according to claim 2, wherein:
the material to be synthesised is diamond,
the carrier gas containing atoms of the material to be synthesised is a carrier gas containing carbon atoms; and
a plasma is created near the substrate to generate reactive carbon atoms (all limitations above, Page 6, “According to an example of use of the method according to the first embodiment of the invention, the substrate 21 and the synthesized material 31 are diamond. A gas for forming the plasma may comprise CH or C .sub.2 H .sub.2 , and H .sub.2 , and the plasma ions may comprise CH .sup.+ .sub.3 .”).
Claim 13 – WO ‘892 / Cao ‘729 renders obvious the process according to claim 4, wherein: wherein:
the material to be synthesised is diamond,
the carrier gas containing atoms of the material to be synthesised is a carrier gas containing carbon atoms; and
a plasma is created near the substrate to generate reactive carbon atoms (all limitations above, Page 6, “According to an example of use of the method according to the first embodiment of the invention, the substrate 21 and the synthesized material 31 are diamond. A gas for forming the plasma may comprise CH or C .sub.2 H .sub.2 , and H .sub.2 , and the plasma ions may comprise CH .sup.+ .sub.3 .”).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL G MILLER whose telephone number is (571)270-1861. The examiner can normally be reached M-F 9:00-5:30 EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Cleveland can be reached at 571-272-1418. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/MICHAEL G MILLER/ Primary Examiner, Art Unit 1712