`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`www .uspto.gov
`
`APPLICATION NO.
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`14/007,681
`
`
`
`
` FILING DATE
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`09/26/2013
`
`RATNERPRESTIA
`P.O. BOX 980
`VALLEY FORGE, PA 19482-0980
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKETNO.
`
`CONFIRMATIONNO.
`
`Masahiro Yamamoto
`
`MTS-3683US
`
`5830
`
`ABRAHAM,IBRAHIME A
`
`ART UNIT
`
`1756
`
`PAPER NUMBER
`
`NOTIFICATION DATE
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`DELIVERY MODE
`
`10/28/2015
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
`following e-mail address(es):
`ptocorrespondence @ratnerprestia.com
`
`PTOL-90A (Rev. 04/07)
`
`

`

`
`Application No.
`Applicant(s)
`14/007,681
`YAMAMOTO, MASAHIRO
`
`Examiner
`Art Unit
`AIA (First Inventorto File)
`IBRAHIME A. ABRAHAM
`1756
`Na
`
`-- The MAILING DATEof this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`Office Action Summary
`
`A SHORTENED STATUTORY PERIOD FOR REPLYIS SET TO EXPIRE 3 MONTHS FROM THE MAILING DATE OF
`THIS COMMUNICATION.
`Extensions of time may be available underthe provisions of 37 CFR 1.136(a).
`after SIX (6) MONTHS from the mailing date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Anyreply received by the Office later than three months after the mailing date of this communication, evenif timely filed, may reduce any
`earned patent term adjustment. See 37 CFR 1.704(b).
`
`In no event, however, may a reply betimely filed
`
`Status
`1)X] Responsive to communication(s)filed on 9/15/2015.
`LJ A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiledon__
`2a)X] This action is FINAL.
`2b)L] This action is non-final.
`3)L] Anelection was made bythe applicant in responsetoarestriction requirementset forth during the interview on
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`___} the restriction requirement and election have been incorporated into this action.
`4)[] Since this application is in condition for allowance exceptfor formal matters, prosecution as to the merits is
`closed in accordance with the practice under Ex parte Quayle, 1935 C.D. 11, 453 O.G. 213.
`
` Attachment(s)
`
`Disposition of Claims*
`5)KX] Claim(s) 1-16 is/are pending in the application.
`5a) Of the above claim(s)
`is/are withdrawn from consideration.
`
`6)L] Claim(s)
`is/are allowed.
`7) Claim(s) 1-16 is/are rejected.
`8)L] Claim(s)____is/are objectedto.
`
`9)L] Claim(s)
`are subject to restriction and/or election requirement.
`* If any claims have been determined allowable, you may be eligible to benefit from the Patent Prosecution Highway program at a
`participating intellectual property office for the corresponding application. For more information, please see
`
`nito/www. uspte.gov/natenis/init events/poh/index.isp
`
`or send an inquiry to PPHieedback@uspte.aov.
`
`Application Papers
`10)L] The specification is objected to by the Examiner.
`
`11)L] The drawing(s)filed on
`is/are: a)L_] accepted or b)L_] objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121(d).
`
`Priority under 35 U.S.C. § 119
`12)[] Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`a)L] All
`b)[-] Some** c)L] None ofthe:
`1..] Certified copies of the priority documents have been received.
`2.L] Certified copies of the priority documents have been received in Application No.
`3.L] Copies of the certified copies of the priority documents have been receivedin this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
`““ See the attached detailed Office action for a list of the certified copies not received.
`
`3) Xx] Interview Summary (PTO-413)
`1) CT] Notice of References Cited (PTO-892)
`Paper No(s)/Mail Date.
`.
`.
`4 Ol Oth
`2) X Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`
`Paper No(s)/Mail Date ther )
`
`U.S. Patent and Trademark Office
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20151019
`
`

`

`Application/Control Number: 14/007,681
`Art Unit: 1756
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`Page 2
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`1.
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`The present application is being examined underthe pre-AlA first to invent
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`provisions.
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`DETAILED ACTION
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`Status of the Claims
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`2.
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`This is a final office action in response to applicant’s arguments and remarksfiled
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`on 9/15/2015. Claims 1-16 are pending in the currentoffice action. Claims 1-3, 5-9, and
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`11-12 have been amended. Claims 13-16 are new.
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`Status of the Rejections
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`3.
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`All rejections from the previous office action are withdrawn due to claim
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`amendments. (NOTE: Theprior art has been withdrawn dueto the indefiniteness
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`of the amended claims and no indication of allowability of any of the claims is
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`intended. See following 35 USC 112 second paragraphrejection below.)
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`Claim Rejections - 35 USC § 112
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`4.
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`The following is a quotation ofthe first paragraph of 35 U.S.C. 112(a):
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`INGENERAL.—The specification shall contain a written description of the
`(a)
`invention, and of the manner and process of making and usingit, in suchfull, clear, concise,
`and exact terms as to enable any person skilled in the art to which it pertains, or with whichit
`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-AlA 35 U.S.C. 112:
`
`The specification shall contain a written description of the invention, and of the
`manner and process of making and usingit, in suchfull, clear, concise, and exact termsas to
`enable any person skilled in the art to whichit pertains, or with whichit is most nearly
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`

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`Application/Control Number: 14/007,681
`Art Unit: 1756
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`Page 3
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`connected, to make and use the same, and shall set forth the best mode contemplated by the
`inventor of carrying out his invention.
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`5.
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`Claims 1-4 and 13-15 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-
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`AIA), first paragraph, as failing to comply with the written description requirement. The
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`claim(s) contains subject matter which wasnotdescribed in the specification in such a
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`way as to reasonably convey to one skilled in the relevant art that the inventor or a joint
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`inventor, or for pre-AlA the inventor(s), at the time the application wasfiled, had
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`possession of the claimed invention.
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`6.
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`Claims 1 recites, “the angle correcting member is a member such that a spacein
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`which an evaporation particle from the evaporation source doesnotexist is provided to
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`confine to only the deposition material having a constant incident angle with respect to
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`the base member.” This limitation is not supported in the current specification. The
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`specification provides no support for providing a constant incident angle deposition
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`material. The specification makesit clear that the incident angle according to the
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`invention has a distribution of incident angles (seefigure 6) that are controlled more
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`narrowly than the prior art (see figure 4). Further, the claimed limitation provides for "a
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`space" without relating that the space is occupied by the angle correcting member. This
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`limitation as currently claimed is also not supported by the current application.
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`7.
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`Claim 13 recites, "wherein the angle correcting memberis an object which does
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`not emit gas and merely occupies a space.” The specification does not provide support
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`for the negative limitation of not emitting gas. The mere absenceof a positive recitation
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`is not basis for an exclusion. Any claim containing a negative limitation which does not
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`have basis in the original disclosure should be rejected under 35 U.S.C. 112(a) or pre-
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`

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`Application/Control Number: 14/007,681
`Art Unit: 1756
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`Page 4
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`AIA 35 U.S.C. 112, first paragraph, as failing to comply with the written description
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`requirement. See MPEP 2173.05 (i). Further, figure 9 and the corresponding section of
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`the specification provides for an angle correcting memberthat does emit gas.
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`8.
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`Claim 14 recites, "the evaporation source does not have a mechanism which
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`regulates an incoming direction of the deposition material.” The specification does not
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`provide support for this negative limitation. See MPEP 2173.05 (i) as stated above.
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`Further, the angle correcting memberof the current application is a mechanism which
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`regulates the incoming direction of the deposition material.
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`9.
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`Claim 15 recites, "wherein in the evaporation source, an upper surfaceof the
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`deposition material protrudes most.” The specification and drawings make no mention
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`to the evaporation source protruding the most with respect to anything else.
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`10.
`
`Thefollowing is a quotation of 35 U.S.C. 112(b):
`(b) CONCLUSION.—The specification shall conclude with one or more claimsparticularly
`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-AlA), 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.
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`11.
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`Claims 1-16 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AlA),
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`second paragraph, as being indefinite for failing to particularly point out and distinctly
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`claim the subject matter which the inventor or a joint inventor, or for pre-AlA the
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`applicant regards asthe invention.
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`12.
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`Claims 1, 5-7, and 11-12 recite the limitation “each line” referring to multiple lines
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`connected by twopoints. It is unclear to the examiner how multiple lines can be claimed
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`whenreferring to two singular points. Further, it is unclear how the lines are claimed to
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`

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`Application/Control Number: 14/007,681
`Art Unit: 1756
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`Page 5
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`cometogether to form the claimed 45 degree angle as now claimedwith a singularfirst
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`and second point. Applicant contacted Andy Coatmanfor an interview dated on
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`10/19/2015 to discuss the indefiniteness of the claim (see attached interview summary).
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`Examinerinformed applicant that the newly amended claim language rendered the
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`claim incoherent. Applicant summarized invention but was unable to explain how
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`current indefinite claim limitations correlate to the invention or howthe limitations could
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`be interpreted definitely. Applicant informed examinerthat claims would need to be
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`amended and that claims would be amended with guidance of inventor upon receipt of
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`this office action.
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`13.
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`Claim 15 recites, "wherein in the evaporation source, an uppersurface of the
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`deposition material protrudes most.” It is unclear with respect to what the deposition
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`material protrudes most from.
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`Response to Arguments
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`14.
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`Applicant’s arguments with respect to claims 1-16 have been considered but are
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`moot because the arguments do not apply to any of the references being used in the
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`current rejection.
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`Conclusion
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`15.
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`Applicant's amendmentnecessitated the new ground(s) of rejection presented in
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`this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP
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`

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`Application/Control Number: 14/007,681
`Art Unit: 1756
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`Page 6
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`§ 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37
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`CFR 1.136(a).
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`A shortened statutory period for reply to this final action is set to expire THREE
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`MONTHS from the mailing date of this action.
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`In the eventa first reply is filed within
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`TWO MONTHS of the mailing date of this final action and the advisory action is not
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`mailed until after the end of the THREE-MONTHshortenedstatutory period, then the
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`shortenedstatutory period will expire on the date the advisory action is mailed, and any
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`extension fee pursuantto 37 CFR 1.136(a) will be calculated from the mailing date of
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`the advisory action.
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`In no event, however,will the statutory period for reply expire later
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`than SIX MONTHS from the dateof this final action.
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`Anyinquiry concerning this communication or earlier communications from the
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`examiner should be directed to IBRAHIME A. ABRAHAM whosetelephone number is
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`(571)270-5569. The examiner can normally be reached on M-F 8-4 pm.
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner's
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`supervisor, Keith D. Hendricks can be reached on (571)272-1401. The fax phone
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`numberfor the organization wherethis application or proceeding is assignedis 571-
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`273-8300.
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`

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`Application/Control Number: 14/007,681
`Art Unit: 1756
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`Page 7
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`Information regarding the status of an application may be obtained from the
`
`Patent Application Information Retrieval (PAIR) system. Status information for
`
`published applications may be obtained from either Private PAIR or Public PAIR.
`
`Status information for unpublished applications is available through Private PAIR only.
`
`For more information about the PAIR system, see http://pair-direct.uspto.gov. Should
`
`you have questions on accessto the Private PAIR system, contact the Electronic
`
`Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a
`
`USPTO Customer Service Representative or access to the automatedinformation
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`system, call 800-786-9199 (IN USA OR CANADA)or 571-272-1000.
`
`/IBRAHIME A ABRAHAM/
`Primary Examiner, Art Unit 1756
`KKK
`
`