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 1 – 20 are presented for examination.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 3-4, 10-12 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Kawaziri et al. (US 3,996,057; pub. Dec. 7, 1976).
Regarding claim 1, Kawazari et al. disclose: A method of forming a bismuth chalcogenide film, including steps:
(a) forming at least one elemental layer of bismuth (Bi) (fig.2 item 1, col.4 L45-63) on a substrate (fig.1 item 3, col.4 L45-63),
(b) forming at least one elemental layer of at least one chalcogen (fig.2 item 2, col.4 L45-63) on said
substrate, and
(c) after said steps (a) and (b), heating said substrate to form a bismuth chalcogenide film (col.2 L10-26).
Regarding claim 3, Kawazari et al. disclose: said chalcogen is at least one of selenium (Se) and tellurium (Te) (col.4 L45-63 – col.5 L1).
Regarding claim 4, Kawazari et al. disclose: said bismuth chalcogenide is selected from a group consisting of Bi2Se3, Bi2Te3, and Bi2Te2Se (col.4 L45-63 – col.5 L1).
Regarding claim 10, Kawazari et al. disclose: said step (c) is carried out at a temperature from 150 °C to 400 °C (col.5 L60-68).
Regarding claim 11, Kawazari et al. disclose: said substrate is made at least principally of silicon, polyimide (PI), polyethylene terephthalate (PET) or polydimethylsiloxane (PDMS) (col.4 L45-51).
Regarding claim 12, Kawazari et al. disclose: said film is flexible (col.4 L45-51).
Claims 13, 15-17, 19-20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Wang et al. “Ultrabroadband, Sensitive, and Fast Photodetection with Needle-Like EuBiSe3 Single Crystal”, ACS Photonics, ACS publications, Jan.15, 2019, pg.895-903.
Regarding claim 13, Wang et al. disclose: A terahertz (THz) detector including a bismuth chalcogenide film (pg.895, pg.896 col.1 last para.).
Regarding claim 15, Wang et al. disclose: said detector is of a two-terminal structure or of an antenna structure (pg.897 col.1 fabrication and characterization of EuBiSe3 teaches two gold electrodes).
Regarding claim 16, Wang et al. disclose: said detector is an antenna or a large-scale detector array (pg.901 col.2 conclusion).
Regarding claim 17, Wang et al. disclose: A method of forming a terahertz (THz) detector, including depositing electrode materials on a bismuth chalcogenide film (pg.897 col.1 fabrication and characterization of EuBiSe3 teaches two gold electrodes).
Regarding claim 19, Wang et al. disclose: including pre-patterning said bismuth chalcogenide film for forming a large-scale detector array (pg.901 col.2 conclusion).
Regarding claim 20, Wang et al. disclose: said detector is an antenna or a large-scale detector array (pg.901 col.2 conclusion).
Claim Rejections - 35 USC § 103
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 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
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.
Claims 2, 5-9 are rejected under 35 U.S.C. 103 as being unpatentable over Kawaziri et al. (US 3,996,057; pub. Dec. 7, 1976) in view of Kim et al. “Phase Transformation of Alternately Layered Bi/Se Structures to Well-Ordered Single Crystalline Bi2See3 Structures by a Self-Organized Ordering Process”; The Journal of Physical Chemistry, ACS Publications, Jan. 10, 2012, pg.33737 – 3746.
Regarding claim 2, Kawazari et al. are silent about: forming alternate elemental layers of bismuth and elemental layers of said at least one chalcogen on said substrate.
In a similar field of endeavor Kim et al. disclose: forming alternate elemental layers of bismuth and elemental layers of said at least one chalcogen on said substrate (pg.3737) motivated by benefits for an ultra-sensitive and stable detector.
In light of the benefits for an ultra-sensitive and stable detector, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Kawazari et al. with the teachings of Kim et al.
Regarding claim 5, Kawazari et al. are silent about: said step (a) is carried out by thermal evaporation.
In a similar field of endeavor Kim et al. disclose: said step (a) is carried out by thermal evaporation (pg.3737) motivated by benefits for an ultra-sensitive and stable detector.
In light of the benefits for an ultra-sensitive and stable detector, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Kawazari et al. with the teachings of Kim et al.
Regarding claim 6, Kawazari et al. are silent about: said step (b) is carried out by thermal evaporation.
In a similar field of endeavor Kim et al. disclose: said step (b) is carried out by thermal evaporation (pg.3737) motivated by benefits for an ultra-sensitive and stable detector.
In light of the benefits for an ultra-sensitive and stable detector, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Kawazari et al. with the teachings of Kim et al.
Regarding claim 7, Kim et al. disclose: said step (a) is carried out in an evaporation chamber under high vacuum (pg.3738 col.1 last para.) motivated by benefits for an ultra-sensitive and stable detector.
Regarding claim 8, Kim et al. disclose: said evaporation chamber is at a pressure of about 10⁻⁷ Torr (pg.3738 col.1 last para.) motivated by benefits for an ultra-sensitive and stable detector.
Regarding claim 9, Kawazari et al. are silent about: said step (c) is carried out by a rapid thermal process (RTP) or furnace annealing (pg.3738 col.1 last para.) motivated by benefits for an ultra-sensitive and stable detector.
In a similar field of endeavor Kim et al. disclose: said step (c) is carried out by a rapid thermal process (RTP) or furnace annealing (pg.3738 col.1 last para.) motivated by benefits for an ultra-sensitive and stable detector.
In light of the benefits for an ultra-sensitive and stable detector, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Kawazari et al. with the teachings of Kim et al.
Claims 14, 18 are rejected under 35 U.S.C. 103 as being unpatentable over Wang et al. “Ultrabroadband, Sensitive, and Fast Photodetection with Needle-Like EuBiSe3 Single Crystal”, ACS Photonics, ACS publications, Jan.15, 2019, pg.895-903 in view of Kawaziri et al. (US 3,996,057; pub. Dec. 7, 1976).
Regarding claim 14, Wang et al. are silent about: said bismuth chalcogenide film is formed by a method including the steps of:
(a) forming at least one elemental layer of bismuth (Bi) on a substrate,
(b) forming at least one elemental layer of at least one chalcogen on said substrate, and
(c) after said steps (a) and (b), heating said substrate to form a bismuth chalcogenide film.
In a similar field of endeavor Kawazari et al. disclose: said bismuth chalcogenide film is formed by a method including the steps of:
(a) forming at least one elemental layer of bismuth (Bi) (fig.2 item 1, col.4 L45-63) on a substrate (fig.1 item 3, col.4 L45-63),
(b) forming at least one elemental layer of at least one chalcogen (fig.2 item 2, col.4 L45-63) on said substrate (fig.1 item 3, col.4 L45-63), and
(c) after said steps (a) and (b), heating said substrate to form a bismuth chalcogenide film (col.2 L10-26) motivated by benefits for an ultra-sensitive and stable detector.
In light of the benefits for an ultra-sensitive and stable detector, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Wang et al. with the teachings of Kawazari et al.
Regarding claim 18, Wang et al. and Kawazari et al. disclose: said bismuth chalcogenide film is formed by a method including the steps of:
(a) forming at least one elemental layer of bismuth (Bi) on a substrate,
(b) forming at least one elemental layer of at least one chalcogen on said substrate, and
(c) after said steps (a) and (b), heating said substrate to form a bismuth chalcogenide
film (the claim is rejected on the same basis as claim 14).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MAMADOU FAYE whose telephone number is (571)270-0371. The examiner can normally be reached Mon – Fri 9AM-6PM.
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/MAMADOU FAYE/Examiner, Art Unit 2884
/UZMA ALAM/Supervisory Patent Examiner, Art Unit 2884
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