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 .
Claims 11-20 withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected group II, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 05/11/26.
Applicant's election with traverse of group I in the reply filed on 05/11/26 is acknowledged. The traversal is on the ground(s) that there is no burden as claim 1 is amended. This is not found persuasive because Inventions I and II are related as product and process of use. The inventions can be shown to be distinct if either or both of the following can be shown: (1) the process for using the product as claimed can be practiced with another materially different product or (2) the product as claimed can be used in a materially different process of using that product. See MPEP § 806.05(h). In the instant case the liquid metal can be comprising metals with higher than 600C melting points.
The requirement is still deemed proper and is therefore made FINAL.
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.
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 3 is 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. For claim 3 the disclosure does not have support for all possible alloys comprising one metal element of claim 3 to meet limitation of claim 1.
Claims 1-10 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. It is not clear what the applicant means by operating temperature of less than about 550C, for examination purposes it is considered as operating temperature of less than 550C.
For claim 9 it is not clear in the binary composition comprising gold what is the second metal. Furthermore, the binary composition of aluminum and copper does not have eutectic temperature less than 550 requires by claim 1.
Claim 5 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claims 5 does not further limits the parent claim 1. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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.
Claims 1,3-8, and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Neil J. Bassom et al (U. S. Patent Application: 2023/0245859, here after Bassom).
Claims 1 and 3 are rejected. Bassom teaches a process for implanting ions into a
workpiece using a liquid metal(melt) alloy ion source, the process comprising:
heating a liquid metal precursor composition to form a homogeneous or
heterogenous liquid metal (alloy) ion source;
vaporizing and ionizing the homogeneous or heterogenous liquid metal alloy ion
source in an arc chamber to create a plasma of ionized metal elements [0051 last
sentence, 0039, 0043 lines 13-16];
extracting the ionized metal elements within the plasma through a source
aperture to form an ion beam [0039]; and
implanting one or more of the ionized metal elements into the workpiece [0039].
Bossom teaches the liquid metal alloy precursor composition comprises a metal alloy mixture of two metals (aluminum and lanthanum), at least two of which are metals having a pure melting temperature above 600°C (Tm (AL):660.452C, Tm (La): 918C), with an eutectic melting temperature at the operating temperature of(521C) less than about 550°C. Although Bassom does not teach heating metal source to less than 550C, but also teaches to selectively heat the source material to between approximately 500-1000C [0064]. Overlapping ranges are prima facie evidence of obviousness. It would have been obvious to one having ordinary skill in the art to have selected the portion of
[overlapping range] that corresponds to the claimed range. In re Malagari, 182 USPQ
549 (CCPA 1974). Therefore, it would have been obvious to one of ordinary skill in the
art at the time of the invention was made to have a method of Bassom wherein an
operating temperature of less than about 550°C, because overlapping ranges are prima
facie evidence of obviousness.
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Claim 4 is rejected. Bossom teaches alloy comprising lanthanum and aluminum and gallium [0032, 0043]. Considering the alloy comprising aluminum and lanthanum melting at about 522C (Eutectic point) adding gallium with very low melting point (Tm=29.77C) acts as flux metal; adding strontium (higher melting point) leads to formation of heterogenous liquid metal alloy ion source, the metal soluble in the flux metal having a relatively higher melting point, the additive metal can be chosen in an amount which exceeds a solubility limit in the flux metal (Ga) at the operating temperature.
Claim 5 is rejected as Basson teaches the liquid metal alloy precursor composition forms a homogenous liquid metal alloy at the operating temperature
comprising two or more metals selected to provide a eutectic melting temperature of less than about 550°C, wherein at least one of the metals has a melting point greater than the eutectic melting temperature (see above phase diagram).
Claim 6 is rejected as Bassom teaches the liquid metal alloy precursor
composition is in a powder or other solid form [0064].
Claim 7 is rejected as Bassom teaches heterogenous metal alloy comprising a flux metal(gallium) and additional metal(strontian) [0032] which is at least partially soluble therein.
Claim 8 is rejected as Bassom teaches mass analyzing the ion beam to permit
selected ionized mass metal elements to pass therethrough; and implanting selected
ionized mass elements into the workpiece [0030-0031].
Claim 10 is rejected. Bassom teaches source materials such as tin, and
lanthanum [0032, 0043], and dopant in source material such as phosphorus for n-type
material wafer [0030]. It is well known in the art to generate n-type wafer with bismuth
dopant as well as phosphorus dopant. Therefore, it would have been obvious to one of
ordinary skill in the art at the time of the invention was made to have a method of
Bassom where the alloy comprising tin lanthanum and bismuth, because it is
known in the art to dope silicon wafer with bismuth to make n-type wafer.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Neil J. Bassom et al (U. S. Patent Application: 2023/0245859, here after Bassom), further in view of Eizo Miyauchi (Japanese Patent: S60150534, here after Miyauchi).
Claim 9 is rejected. Bassom does not teach the composition comprising
aluminum and magnesium. Miyauchi teaches metal alloy source for ion implantation comprising aluminum and magnesium. Therefore, it would have been obvious to one of
ordinary skill in the art at the time of the invention was made to have a method of
Bassom where the alloy comprising magnesium and aluminum, because it is suitable composition for liquid alloy ion implantation source.
Response to Arguments
Applicant's arguments filed 05/11/26 have been fully considered but they are not persuasive. The applicant argues Bassom does not teach the new limitation of amended claim 1, however aluminum and lanthanum alloy both has melting temperature higher than 600C (see claim rejection above). The applicant further argues Bassom uses pure metal, however Bassom teaches an alloy may be preferred if the alloy has a more convenient melting temperature [0043].
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TABASSOM TADAYYON ESLAMI whose telephone number is (571)270-1885. The examiner can normally be reached M-F 9:30-6.
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/TABASSOM TADAYYON ESLAMI/Primary Examiner, Art Unit 1718
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