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`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMIVHSSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria1 Virginia 22313-1450
`www.uspto.gov
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`
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`
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`14/007,681
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`09/26/2013
`
`Masahiro Yamamoto
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`MTS-3683US
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`5830
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`“Hg/2016 —RATNERPRESTIA m
`7590
`52473
`2200 RENAISSANCE BLVD
`ABRAHAM, IBRAHIME A
`SUITE 350
`KING OF PRUSSIA, PA 19406
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`PAPER NUMBER
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`1756
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`NOTIFICATION DATE
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`DELIVERY MODE
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`11/18/2016
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`ELECTRONIC
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`Please find below and/or attached an Office communication concerning this application or proceeding.
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`The time period for reply, if any, is set in the attached communication.
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`Notice of the Office communication was sent electronically on above—indicated "Notification Date" to the
`following e—mail address(es):
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`pcorrespondence @ratnerprestia.c0m
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`PTOL—90A (Rev. 04/07)
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`
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`
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`Applicant(s)
`Application No.
` 14/007,681 YAMAMOTO, MASAHIRO
`
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`AIA (First Inventor to File)
`Art Unit
`Examiner
`Office Action Summary
`
`
`IBRAHIME A. ABRAHAM [SENS 1756
`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`
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`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE g MONTHS FROM THE MAILING DATE OF
`THIS COMMUNICATION.
`Extensions of time may be available under the provisions of 37 CFR1. 136( a).
`after SIX () 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).
`Any reply received by the Office later than three months after the mailing date of this communication, even if timely filed, may reduce any
`earned patent term adjustment. See 37 CFR 1 .704(b).
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`In no event, however, may a reply be timely filed
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`Status
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`1)IZI Responsive to communication(s) filed on 10/3/2016.
`El A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
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`2b)|:l This action is non-final.
`2a)|Z| This action is FINAL.
`3)I:I An election was made by the applicant in response to a restriction requirement set forth during the interview on
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`; the restriction requirement and election have been incorporated into this action.
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`4)|:| Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
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`closed in accordance with the practice under Exparte Quay/e, 1935 CD. 11, 453 O.G. 213.
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`Disposition of Claims*
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`5)IZI Claim(s) 12 and 17-20 is/are pending in the application.
`5a) Of the above claim(s)
`is/are withdrawn from consideration.
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`is/are allowed.
`6)I:I Claim(s)
`7)|Z| Claim(s) 12 and 1720 is/are rejected.
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`8)|:I Claim(s)_ is/are objected to.
`* If any)claims have been determined allowable, you may be eligible to benefit from the Patent Prosecution Highway program at a
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`
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`()
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`are subject to restriction and/or election requirement.
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`participating intellectual property office for the corresponding application. For more information, please see
`hit
`:/'/\W¢W.LISI>I‘.0. ovI’ atentS/init events/
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`
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`iindex.‘s or send an inquiry to PPI-iieedback{®usgtc.00v.
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`Application Papers
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`10)I:l The specification is objected to by the Examiner.
`11)I:l The drawing(s) filed on
`is/are: a)I:I accepted or b)I:I 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).
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`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
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`Priority under 35 U.S.C. § 119
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`12)I:| Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
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`a)I:l All
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`b)|:l Some” c)I:l None of the:
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`1.I:I Certified copies of the priority documents have been received.
`2.|:l Certified copies of the priority documents have been received in Application No.
`3.|:| Copies of the certified copies of the priority documents have been received in this National Stage
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`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.
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`Attachment(s)
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`3) D Interview Summary (PTO-413)
`1) E Notice of References Cited (PTO-892)
`Paper No(s)/Mai| Date.
`.
`.
`4) I:I Other'
`2) I] InformatIon DIsclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mai| Date
`US. Patent and Trademark Office
`PTOL—326 (Rev. 11-13)
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`Office Action Summary
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`Part of Paper No./Mai| Date 20161102
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`
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`Application/Control Number: 14/007,681
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`Page 2
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`Art Unit: 1756
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`1.
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`The present application is being examined under the pre-AIA 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 remarks filed
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`on 10/3/2016. Claims 12 and 17-20 are pending in the current office action. Claim 12
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`has been amended. Claims 17-20 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.
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`Claim Rejections - 35 USC § 103
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`4.
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`The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis
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`for all obviousness rejections set forth in this Office action:
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`(a) A patent may not be obtained though the invention is not identically disclosed or described
`as set forth in section 102 of this title, if the differences between the subject matter sought to
`be patented and the prior art are such that the subject matter as a whole would have been
`obvious at the time the invention was made to a person having ordinary skill in the art to which
`said subject matter pertains. Patentability shall not be negatived by the manner in which the
`invention was made.
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`5.
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`The factual inquiries set forth in Graham v. John Deere 00., 383 U.S. 1, 148
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`USPQ 459 (1966), that are applied for establishing a background for determining
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`obviousness under pre-AIA 35 U.S.C. 103(a) are summarized as follows:
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`Application/Control Number: 14/007,681
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`Page 3
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`Art Unit: 1756
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`1. Determining the scope and contents of the prior art.
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`2. Ascertaining the differences between the prior art and the claims at issue.
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`3. Resolving the level of ordinary skill in the pertinent art.
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`4. Considering objective evidence present in the application indicating
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`obviousness or nonobviousness.
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`6.
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`This application currently names joint inventors. In considering patentability of the
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`claims under pre-AIA 35 U.S.C. 103(a), the examiner presumes that the subject matter
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`of the various claims was commonly owned at the time any inventions covered therein
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`were made absent any evidence to the contrary. Applicant is advised of the obligation
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`under 37 CFR 1.56 to point out the inventor and invention dates of each claim that was
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`not commonly owned at the time a later invention was made in order for the examiner to
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`consider the applicability of pre-AIA 35 U.S.C. 103(c) and potential pre-AIA 35 U.S.C.
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`102(e), (f) or (g) prior art under pre-AIA 35 U.S.C. 103(a).
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`7.
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`Claims 12 and 17-20 are rejected under pre-AIA 35 U.S.C. 103(a) as being
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`unpatentable over Sakai et al. (PGPub# US 2010/0219064 A1) in view of Hsieh et
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`al. (US Pat# 5,885,425).
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`8.
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`Regarding claims 5, 6, 11, and 12, Sakai teaches a deposition apparatus and
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`method comprising: a vacuum chamber (par. 40: sputtering unit held within a vacuum
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`chamber); a holding part 107 which holds a base member 106 in the vacuum chamber;
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`an evaporation source 101 which has a principal surface inclined with respect to a
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`principal surface of the base member which is held, and holds a deposition material;
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`and an angle correcting member 111 which is provided so as to cover an upper space
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`Application/Control Number: 14/007,681
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`Page 4
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`Art Unit: 1756
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`of the principal surface of the base member, and is provided outside a spatial region
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`which is encompassed by line segments which connect a periphery of the principal
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`surface of the evaporation source and a periphery of the principal surface of the base
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`member, wherein the principal surface of the base member, the principal surface of the
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`evaporation source and a principal surface facing the base member, of the angle
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`correcting member, extend to a depth direction in a case of viewing from a front of the
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`vacuum chamber, when an arbitrary point on the principal surface of the base member
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`is denoted by a first point and at least a center point on the principal surface of the
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`evaporation source is denoted by a second point in a case of viewing from the front of
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`the vacuum chamber, at least a part of the principal surface of the angle correcting
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`member exists on a line which forms 450 from the first point with respect to a line which
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`connects the first point and the second point, and another part of the principal surface of
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`the angle correcting member extends to a side opposite to the evaporation source. (par.
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`40-69 and figures 1 and 6)
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`9.
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`Sakai does not explicitly teach wherein the angle correcting member is movable
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`with respect to the base member during deposition, and performing deposition while
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`changing an incident angle distribution of an evaporation particle to the base member
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`by performing deposition based on a first deposition condition where the angle
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`correcting member is positioned at a first position and performing deposition based on a
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`second deposition condition, which is different from the first deposition condition, where
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`the angle correcting member is moved to a second position which is different from the
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`first position.
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`Application/Control Number: 14/007,681
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`Page 5
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`Art Unit: 1756
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`10.
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`However, Hsieh teaches a method of using an angle correcting member during
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`deposition by sputtering a target. Hsieh teaches that the angle correcting member with
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`angled vanes is rotated during deposition to control the distribution of the incident angle
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`of the sputtered particles. Hsieh teaches that rotating the angle correcting member
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`improves deposition uniformity and allows for improved deposition into high aspect ratio
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`vias. (abstract, col. 6, line 25-col. 14, line 37 and figures 1-10:Hsieh teaches numerous
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`collimator/angle correcting member embodiments with angled vanes in which the
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`collimator can be beneficially rotated.)
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`a.
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`It would have been obvious to one of ordinary skill in the art at the time of
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`the invention to have applied the rotating angle correcting member of Warren, for
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`the angle correcting member of Sakai, in order to member improve deposition
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`uniformity and allow for improved deposition into high aspect ratio vias as taught
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`by Hsieh. The combination of Sakai and Hsieh would read on performing a first
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`deposition condition at a first incident angle distribution and a second deposition
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`condition at a second incident angle distribution due to the rotation of the
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`collimator of Hsieh.
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`11.
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`Regarding claim 17, the combination of Sakai and Hsieh teaches wherein in a
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`case where the angle correcting member is moved to the second position, the angle
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`correcting member is moved in a direction going away from the evaporation source.
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`(abstract, col. 6, line 25-col. 14, line 37 and figures 1-10:Hsieh teaches the angle
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`correcting member is rotated. When combined in the method of Sakai, the rotation
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`would read on being moved in a direction going away from the evaporation source.)
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`Application/Control Number: 14/007,681
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`Page 6
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`Art Unit: 1756
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`12.
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`Regarding claim 18, the combination of Sakai and Hsieh teaches wherein a
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`deposition time is adjusted at the first position and the second position, respectively.
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`(col. 6, line 50-col. 7, line 4: Hsieh teaches deposition rate changes depending on angle
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`of impingement which changes during collimator rotation.)
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`13.
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`Regarding claim 19, Sakai teaches wherein the base member is a solid object,
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`and the deposition is performed on the solid object. (par. 40-69 and figures 1 and 6)
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`14.
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`Regarding claim 20, the combination of Sakai and Hsieh wherein the deposition
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`is performed on different faces of the base member. (abstract, col. 6, line 25-col. 14, line
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`37 and figures 1-10:Hsieh teaches depositing into high aspect ratio vias with multiple
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`faces.)
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`Response to Arguments
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`15.
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`Applicant's arguments filed 10/3/2016 have been fully considered but they are
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`not persuasive.
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`16.
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`Applicant’s Argument #1
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`b.
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`Applicant argues that newly amended claims are not taught by the cited
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`prior art.
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`17.
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`Examiner's Response #1
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`c.
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`Please see new grounds of rejection above. Examiner recommends that
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`applicant more distinctly claim the structure and movement of the angle
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`correcting member during deposition.
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`Application/Control Number: 14/007,681
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`Page 7
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`Art Unit: 1756
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`Conclusion
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`18.
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`Applicant's amendment necessitated 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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`§ 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37
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`CFR1.136(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 event a 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-MONTH shortened statutory period, then the
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`shortened statutory period will expire on the date the advisory action is mailed, and any
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`extension fee pursuant to 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 date of this final action.
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`Any inquiry concerning this communication or earlier communications from the
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`examiner should be directed to IBRAHIME A. ABRAHAM whose telephone 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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`number for the organization where this application or proceeding is assigned is 571 -
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`273-8300.
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`Application/Control Number: 14/007,681
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`Page 8
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`Art Unit: 1756
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`Information regarding the status of an application may be obtained from the
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`Patent Application Information Retrieval (PAIR) system. Status information for
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`published applications may be obtained from either Private PAIR or Public PAIR.
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`Status information for unpublished applications is available through Private PAIR only.
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`For more information about the PAIR system, see http://pair-direct.uspto.gov. Should
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`you have questions on access to the Private PAIR system, contact the Electronic
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`Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a
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`USPTO Customer Service Representative or access to the automated information
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`system, call 800-786-9199 (IN USA OR CANADA) or 571 -272-1 000.
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`/|BRAHIME A ABRAHAM/
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`Primary Examiner, Art Unit 1756
`***
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`