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 .
Election/Restrictions
Applicant’s election without traverse of claims 1-2 in the reply filed on 6/22/26 is acknowledged.
Claims 3-5 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected product and process, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 6/22/26.
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.
Claims 1-2 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Moller et al. (US PG Pub 2008/0140052; hereafter ‘052).
Claims 1 & 2: ‘052 discloses a solution comprising urea, NaCl, and water (see Example 1, ¶ 103, and pg 7).
Applicant is advised that the preamble “film-forming auxiliary agent for chemical vapor deposition” is intended use and does not further limit the composition of claims 1-2. Intended use has been continuously held not to be germane to determining the patentability of the apparatus, In re Finsterwalder, 168 USPQ 530.
Claims 1-2 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chen et al. (US PG Pub 2009/0112009; hereafter ‘009).
Claims 1-2: ‘009 discloses a coating solution for chemical vapor deposition (abstract and ¶s 159 & 266), comprising urea (a pre-reaction-combating agent, i.e. a film-forming auxiliary agent for CVD; ¶s 239-242) and a solution of a metal complex (¶ 266 & claim 1).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES M MELLOTT whose telephone number is (571)270-3593. The examiner can normally be reached 8:30AM-4:30PM CST.
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, Curtis Mayes can be reached at 571-272-1234. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/James M Mellott/ Primary Examiner, Art Unit 1759
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