DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
The Applicant's amendment filed on May 19, 2026 was received. Claims 1, 8-9, 14 and 17 were amended. Claims 2, 13, 18 and 20-21 were canceled. No claim was added.
The text of those sections of Title 35. U.S.C. code not included in this action can be found in the prior Office Action Issued January 27, 2026.
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, 5-8, 10-12 and 14-16 are rejected under 35 U.S.C. 103 as being unpatentable over Hilgers (US-20080316135) in view of Nicklas (US20200388904), Nosrati (US20190157131) and Wright (US20150092377).
Regarding claim 1, Hilgers teaches a method of forming an antenna structure for RFID tag (paragraph 0018) (method of forming a radio-frequency identification antenna). Hilgers teaches the tag comprising a plastic substrate and an antenna structure (RFID antenna) in pattern arranged on the plastic substrate, wherein the antenna structure is formed from electrically conductive metallization elements, such as copper gold, silver, aluminum etc (paragraphs 0065, 0069-0070 and 0115, figures 1 and 12). Hilgers teaches the metallization antenna structure is covered by a dielectric layer with high value of the permittivity, such as aluminum oxide, to form a protection layer on the metallization antenna structure (paragraphs 0037, 0115 and figure 12). Hilgers teaches the dielectric layer covers the first metallization antenna structure to form a protection layer and is partially covered by a second metallization structure (paragraph 0115 and figure). Higers does not teach additional layer of was formed to cover the partially exposed dielectric layer and the second metallization structure; thus, the combination of the dielectric layer and the second metallization layer reads on the limitation of environmentally-exposed coating of the RFID antenna and is the outermost portion of the RFID antenna. Higer’s dielectric layer (oxide layer) reads on the limitations of at least part of the environmental-exposed coating of the RFID antenna, especially portions of it being exposed to the environment.
Hilgers does not explicitly teach the RFID antenna is formed by nanoparticles ink and curing the ink. However, Nicklas teaches a method of forming RFID antenna structure (abstract). Nicklas teaches the antenna pattern is formed by depositing a ink comprising nanoparticles of conductive material on the substrate and then sintering the ink (cured nanoparticle ink) (paragraphs 0013, 0035-0039). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to form the antenna pattern using the nanoparticle ink as suggested by Nicklas in the method of forming a RFID antenna as disclosed by Hilgers because Nicklas teaches such technique is simple and highly flexible to form a wide variety of antenna structure on the substrate without being a need for them to be prefabricated in advance (paragraph 0012).
Hilgers in view of Nicklas does not explicitly teach the aluminum oxide protective layer is formed by subjecting the cured nanoparticle ink to a first precursor gas and a second precursor gas as claimed in step c and d. however. However, Nosrati teaches a method of forming a pedestal comprising a step of forming an aluminum oxide protective layer on a conductive member (paragraphs 0006 and 0014) (Hilgers’s antenna structure is conductive member). Nosrati teaches the aluminum oxide protective layer is formed by an atomic layer deposition (ALD) process comprising steps of exposing the surface of the substrate (cured nanoparticle ink) to alternate gaseous precursors (paragraph 0027). Nosrati teaches to introduce a first gas (first precursor gas) into the chamber to react with the surface of the conductive member to form a first monolayer 44 (first layer of precursor material) in a self-limiting manner (paragraph 0028), and then introduce a second gas (second precursor) into the chamber to react with the first layer of precursor material to form the aluminum oxide on the substrate (cured nanoparticle ink) (paragraph 0029). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use ALD process to form the aluminum oxide protective layer on the cured nanoparticle as suggested by Nosrati in the method of forming a RFID antenna as disclosed by Hilgers in view of Nicklas because Nosrati teaches ALD is a conformal deposition process which allows a material to grow uniformly with high precision on arbitrarily complex and large substrates (paragraph 0027).
Hilgers in view of Nicklas and Nosrati does not explicitly teach the nanoparticle ink is extruded through an extrusion needle. However, Wright teaches a method of forming microelectronic device (abstract) and discloses nanoparticle filled conductive ink can be dispensed in pattern using printing (Nicklas’method) or needle dispense (extruding through an extrusion needle) (paragraph 0054). Printing and needle dispensing in depositing nanoparticle ink are considered as functionally equivalent technique as evidenced by Wright. Therefore, it would have been obvious to one of ordinary skill in the art to substitute needle dispense (extruding through an extrusion needle) for printing to dispense the nanoparticle ink pattern in the method of forming an electronic circuit component as disclosed by Hilger in view of Nicklas and Nosrati. Needle dispensing reads on the limitation of extruding via an extrusion needle as the ink is considered to “extruded” from the needle during needle dispensing.
Regarding claim 5, Hilger teaches the substrate is plastic (paragraph 0070).
Regarding claim 6, Hilger teaches antenna structure is a conductive trace (paragraphs 0070 and 0115, figures 1 and 12). Wright teaches to form nanoparticle ink pattern (conductive trace) with extrusion needle.
Regarding claim 7, Hilger teaches the protective layer is aluminum oxide (paragraphs 0037 and 0115).
Regarding claim 8, Nosrati teaches to repeat the steps c and d to form more oxide layer (second oxide layer) on the first oxide layer (paragraphs 0027 and 0029), wherein the second oxide layer forms at least part of the environmentally-exposed coating.
Regarding claim 10, Nosrati teaches to subject the first layer of precursor material to a purge gas (carrier gas) before step d (paragraph 0028).
Regarding claim 11, Nosrati teaches the purge gas is nitrogen gas, which is an inert gas (paragraph 0028).
Regarding claim 12, Hilger teaches the conductive material compisse at least one of copper, silver and gold (paragraph 0070).
Regarding claim 14, Hilgers teaches a method of forming an antenna structure for RFID tag (paragraph 0018) (method of forming a radio-frequency identification antenna). Hilgers teaches the tag comprising a plastic substrate and an antenna structure (RFID antenna) in pattern arranged on the plastic substrate, wherein the antenna structure is formed from electrically conductive metallization elements, such as copper gold, silver, aluminum etc (paragraphs 0065, 0069-0070 and 0115, figures 1 and 12). Hilgers teaches the metallization antenna structure is covered by a dielectric layer with high value of the permittivity, such as aluminum oxide, to form a protection layer on the metallization antenna structure (paragraphs 0037, 0115 and figure 12). Hilgers teaches the dielectric layer covers the first metallization antenna structure to form a protection layer and is partially covered by a second metallization structure (paragraph 0115 and figure). Higers does not teach additional layer of was formed to cover the partially exposed dielectric layer and the second metallization structure; thus, the combination of the dielectric layer and the second metallization layer reads on the limitation of environmentally-exposed coating of the RFID antenna and is the outermost portion of the RFID antenna. Higer’s dielectric layer (oxide layer) reads on the limitations of at least part of the environmental-exposed coating of the RFID antenna, especially portions of it being exposed to the environment.
Hilgers does not explicitly teach the RFID antenna is formed by nanoparticles ink and curing the ink. However, Nicklas teaches a method of forming RFID antenna structure (abstract). Nicklas teaches the antenna pattern is formed by depositing a ink comprising nanoparticles of conductive material on the substrate and then sintering the ink (cured nanoparticle ink) (paragraphs 0013, 0035-0039). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to form the antenna pattern using the nanoparticle ink as suggested by Nicklas in the method of forming a RFID antenna as disclosed by Hilgers because Nicklas teaches such technique is simple and highly flexible to form a wide variety of antenna structure on the substrate without being a need for them to be prefabricated in advance (paragraph 0012).
Hilger in view of Nicklas does not explicitly teach the aluminum oxide protective layer 24 is formed by subjecting the cured nanoparticle ink to a first precursor gas and a second precursor gas as claimed in step c and d. however. However, Nosrati teaches a method of forming a pedestal comprising a step of forming an aluminum oxide protective layer on a conductive member (paragraphs 0006 and 0014). Nosrati teaches the aluminum oxide protective layer is formed by an atomic layer deposition (ALD) process comprising steps of exposing the surface of the substrate (cured nanoparticle ink) to alternate gaseous precursors (paragraph 0027) to form the desired thickness (paragraph 0029) (repeating steps b and c until the oxide layer on the nanoparticle ink is at a desired thickness). Nosrati teaches to introduce a first gas (first precursor gas) into the chamber to react with the surface of the conductive member to form a first monolayer 44 (first layer of precursor material) in a self-limiting manner (paragraph 0028), and then introduce a second gas (second precursor) into the chamber to react with the first layer of precursor material to form the aluminum oxide on the substrate (cured nanoparticle ink) (paragraph 0029). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use ALD process to form the aluminum oxide protective layer on the cured nanoparticle as suggested by Nosrati in the method of forming an RFID antenna as disclosed by Hilger in view of Nicklas because Nosrati teaches ALD is a conformal deposition process which allows a material to grow uniformly with high precision on arbitrarily complex and large substrates (paragraph 0027).
Hilgers in view of Nicklas and Nosrati does not explicitly teach the nanoparticle ink is extruded through an extrusion needle. However, Wright teaches a method of forming microelectronic device (abstract) and discloses nanoparticle filled conductive ink can be dispensed in pattern using printing (Nicklas’method) or needle dispense (extruding through an extrusion needle) (paragraph 0054). Printing and needle dispensing in depositing nanoparticle ink are considered as functionally equivalent technique as evidenced by Wright. Therefore, it would have been obvious to one of ordinary skill in the art to substitute needle dispense (extruding through an extrusion needle) for printing to dispense the nanoparticle ink pattern in the method of forming an electronic circuit component as disclosed by Hilger in view of Nicklas and Nosrati. Needle dispensing reads on the limitation of extruding via an extrusion needle as the ink is considered to “extruded” from the needle during needle dispensing.
Regarding claim 15, Hilger teaches the protective layer is aluminum oxide (paragraphs 0037 and 0115).
Regarding claim 16, Hilger teaches antenna structure is a conductive trace (paragraphs 0070 and 0115, figures 1 and 12). Wright teaches to form nanoparticle ink pattern (conductive trace) with extrusion needle.
Claims 3-4 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Hilgers (US-20080316135) in view of Nicklas (US20200388904), Nosrati (US20190157131) and Wright (US20150092377) on claims 1, 5-8, 10-12 and 14-16, and further in view of Manasterski (WO2020058130A1 using co-pending US Application Publication US20210348270 as English translation).
Regarding claims 3-4, Hilger in view of Nicklas, Nosrati and Wright teaches all limitations of this claim, except the oxide layer thickness. However, Manasterski teaches a method of forming an aluminum oxide, titanium oxide protective layer on a silver surface (Hilger teaches the conductive layer and pattern can be silver) (paragraphs 0070) and discloses the thickness of the aluminum oxide layer is 0.5 to 100nm (paragraph 0010), which overlaps with the claimed ranges. In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exist. In re Wertheim, 541 F.2d 257, 191USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990); In re Geisler,116 F.3d 1465, 1469-71, 43 USPQ2d 1362, 1365-66 (Fed. Cir. 1997). See MPEP 2144.05. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention use the thickness of the aluminum oxide layer as suggested by Manasterski in the method of forming an RFID antenna as disclosed by Hilger in view of Nicklas, Nosrati and Wright because Manasterski teaches such thickness of aluminum oxide with a titanium oxide form compact coats and obtain extremely thin and highly protective coatings to protect the silver from bring tarnished while preserving the final appearance of the silver surface (paragraphs 0008 and 0042). In addition, Hilger taches the dielectric layer function to protect the metallization structure and adjust the value of the capacity (paragraphs 0115 and 0034). Therefore, it would have been within the skill of the ordinary artisan to adjust and optimize the thickness of the dielectric layer (aluminum oxide) in the process to yield the desired capacity while providing sufficient protection to the metallic structure. Discovery of optimum value of result effective variable in known process is ordinarily within skill of art. In re Boesch, CCPA 1980, 617 F. 2d 272, 205 USPQ215.
Regarding claim 9, Manasterski teaches a titanium oxide layer (second oxide) is formed on the aluminum oxide layer (first oxide), and both layers are formed by ALD with different precursors (paragraphs 0042). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention use for a titanium oxide layer (second oxide) on the aluminum oxide layer (first oxide) as protective layer as suggested by Manasterski in the method of forming an electronic circuit component as disclosed by Hilger in view of Nicklas, Nosrati and Wright because Manasterski teaches the ALD aluminum oxide and titanium oxide stack forms compact coats and obtain extremely thin and highly protective coatings to protect the silver from bring tarnished while preserving the final appearance of the silver surface (paragraphs 0008 and 0042). Since Nosrati teaches an atomic layer deposition (ALD) process comprising steps of exposing the surface of the substrate (cured nanoparticle ink) to alternate gaseous precursors (paragraph 0027), the combination of Hilger, Nicklas, Nosrati, Wright and Manaseterski teaches introducing a gas (third precursor gas) into the chamber to react with the surface of the substrate (aluminum oxide) to form a monolayer 44 (second layer of precursor material) in a self-limiting manner (Nosrati’s paragraph 0028), and then introduce a fourth gas (fourth precursor) into the chamber to react with the second layer of precursor material to form the oxide (titanium) on the substrate (aluminum oxide) (Nosrati’s paragraph 0029), wherein the second oxide layer forms at least part of the environmentally-exposed coating.
Claims 17 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Hilgers (US-20080316135) in view of Nicklas (US20200388904), Nosrati (US20190157131), Wright (US20150092377) and Manasterski (WO2020058130A1 using co-pending US Application Publication US20210348270 as English translation).
Regarding claim 17, Hilgers teaches a method of forming an antenna structure for RFID tag (paragraph 0018) (method of forming a radio-frequency identification antenna). Hilgers teaches the tag comprising a plastic substrate and an antenna structure (RFID antenna) in pattern arranged on the plastic substrate, wherein the antenna structure is formed from electrically conductive metallization elements, such as copper gold, silver, aluminum etc (paragraphs 0065, 0069-0070 and 0115, figures 1 and 12). Hilgers teaches the metallization antenna structure is covered by a dielectric layer with high value of the permittivity, such as aluminum oxide, to form a protection layer on the metallization antenna structure (paragraphs 0037, 0115 and figure 12). Hilgers teaches the dielectric layer covers the first metallization antenna structure to form a protection layer and is partially covered by a second metallization structure (paragraph 0115 and figure). Higers does not teach additional layer of was formed to cover the partially exposed dielectric layer and the second metallization structure; thus, the combination of the dielectric layer and the second metallization layer reads on the limitation of environmentally-exposed coating of the RFID antenna and is the outermost portion of the RFID antenna. Higer’s dielectric layer (oxide layer) reads on the limitations of at least part of the environmental-exposed coating of the RFID antenna, especially portions of it being exposed to the environment.
Hilgers does not explicitly teach the RFID antenna is formed by nanoparticles ink and curing the ink. However, Nicklas teaches a method of forming RFID antenna structure (abstract). Nicklas teaches the antenna pattern is formed by depositing a ink comprising nanoparticles of conductive material on the substrate and then sintering the ink (cured nanoparticle ink) (paragraphs 0013, 0035-0039). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to form the antenna pattern using the nanoparticle ink as suggested by Nicklas in the method of forming a RFID antenna as disclosed by Hilgers because Nicklas teaches such technique is simple and highly flexible to form a wide variety of antenna structure on the substrate without being a need for them to be prefabricated in advance (paragraph 0012).
Hilger in view of Nicklas does not explicitly teach the aluminum oxide protective layer 24 is formed by subjecting the cured nanoparticle ink to a first precursor gas and a second precursor gas as claimed in step c and d. however. However, Nosrati teaches a method of forming a pedestal comprising a step of forming an aluminum oxide (first oxide) protective layer on a conductive member (paragraphs 0006 and 0014). Nosrati teaches the aluminum oxide protective layer is formed by an atomic layer deposition (ALD) process comprising steps of exposing the surface of the substrate (cured nanoparticle ink) to alternate gaseous precursors (paragraph 0027). Nosrati teaches to introduce a first gas (first precursor gas) into the chamber to react with the surface of the conductive member to form a first monolayer 44 (first layer of precursor material) in a self-limiting manner (paragraph 0028), and then introduce a second gas (second precursor) into the chamber to react with the first layer of precursor material to form the aluminum oxide on the substrate (cured nanoparticle ink) (paragraph 0029). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use ALD process to form the aluminum oxide protective layer on the cured nanoparticle as suggested by Nosrati in the method of forming an electronic circuit component as disclosed by Hilger in view of Nicklas because Nosrati teaches ALD is a conformal deposition process which allows a material to grow uniformly with high precision on arbitrarily complex and large substrates (paragraph 0027).
Hilgers in view of Nicklas and Nosrati does not explicitly teach the nanoparticle ink is extruded through an extrusion needle. However, Wright teaches a method of forming microelectronic device (abstract) and discloses nanoparticle filled conductive ink can be dispensed in pattern using printing (Nicklas’method) or needle dispense (extruding through an extrusion needle) (paragraph 0054). Printing and needle dispensing in depositing nanoparticle ink are considered as functionally equivalent technique as evidenced by Wright. Therefore, it would have been obvious to one of ordinary skill in the art to substitute needle dispense (extruding through an extrusion needle) for printing to dispense the nanoparticle ink pattern in the method of forming an electronic circuit component as disclosed by Hilger in view of Nicklas and Nosrati. Needle dispensing reads on the limitation of extruding via an extrusion needle as the ink is considered to “extruded” from the needle during needle dispensing.
Hilger in view of Nicklas, Nosrati and Wright does not explicitly teach the step e and f. However, Manasterski teaches a method of forming an aluminum oxide (first oxide layer) and a titanium oxide (oxide layer formed in steps e and f, second oxide layer) protective layer on a silver surface (Hilger teaches the conductive layer/pattern can be silver) (paragraphs 0056 and 0069). Manasterski teaches a titanium oxide layer (second oxide) is formed on the aluminum oxide layer (first oxide), and both layers are formed by ALD with different precursors (paragraphs 0042). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention use for a titanium oxide layer on the aluminum oxide layer as protective layer as suggested by Manasterski in the method of forming an electronic circuit component as disclosed by Hilger in view of Nicklas, Nosrati and Wright because Manasterski teaches the ALD aluminum oxide and titanium oxide stack forms compact coats and obtain extremely thin and highly protective coatings to protect the silver from bring tarnished while preserving the final appearance of the silver surface (paragraphs 0008 and 0042). Since Nosrati teaches an atomic layer deposition (ALD) process comprising steps of exposing the surface of the substrate (cured nanoparticle ink) to alternate gaseous precursors (paragraph 0027), the combination of Hilger, Nicklas, Nosrati, Wright and Manasterski teaches introducing a gas (third precursor gas) into the chamber to react with the surface of the substrate (aluminum oxide) to form a monolayer 44 (second layer of precursor material) in a self-limiting manner (Nosrati’s paragraph 0028), and then introduce a fourth gas (fourth precursor) into the chamber to react with the second layer of precursor material to form the oxide (titanium) on the substrate (aluminum oxide) (Nosrati’s paragraph 0029).
Regarding claim 19, Hilger in view of Nicklas, Nosrati and Wright teaches all limitations of this claim, except the oxide layer thickness. However, Manasterski teaches a method of forming an aluminum oxide, titanium oxide protective layer on a silver surface (Hilger teaches the conductive layer and pattern can be silver) (paragraphs 0070) and discloses the thickness of the aluminum oxide layer is 0.5 to 100nm (paragraph 0010), which overlaps with the claimed ranges. In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exist. In re Wertheim, 541 F.2d 257, 191USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990); In re Geisler,116 F.3d 1465, 1469-71, 43 USPQ2d 1362, 1365-66 (Fed. Cir. 1997). See MPEP 2144.05. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention use the thickness of the aluminum oxide layer as suggested by Manasterski in the method of forming an RFID antenna as disclosed by Hilger in view of Nicklas, Nosrati and Wright because Manasterski teaches such thickness of aluminum oxide with a titanium oxide form compact coats and obtain extremely thin and highly protective coatings to protect the silver from bring tarnished while preserving the final appearance of the silver surface (paragraphs 0008 and 0042). In addition, Hilger taches the dielectric layer function to protect the metallization structure and adjust the value of the capacity (paragraphs 0115 and 0034). Therefore, it would have been within the skill of the ordinary artisan to adjust and optimize the thickness of the dielectric layer (aluminum oxide) in the process to yield the desired capacity while providing sufficient protection to the metallic structure. Discovery of optimum value of result effective variable in known process is ordinarily within skill of art. In re Boesch, CCPA 1980, 617 F. 2d 272, 205 USPQ215.
Response to Arguments
Applicant's arguments filed on May 19, 2026 have been fully considered but they are not persuasive.
Applicant’s principal arguments are:
Hilgers teaches a partially-exposed oxide layer, which is not the outermost portion of the device.
None of the cited prior art references teach the use of the two or ore of these materials to form the oxide layers.
In response to Applicant’s arguments, please consider the following comments:
The claim only requires the oxide layer at least part of the environmentally, exposed coating that is the outermost portion of the RFID antenna, it does not require the outermost layer (portion) to be formed entirely the oxide layer. Thus, the oxide layer being part of the outermost layer in combination with the second metallization structure, reads on the claimed limitations.
As discussed above, Hilger in view of Nicklas, Nosrati, Wright and Manasterski (particularly Manasterski) teaches the oxide layers are aluminum oxide and titanium oxide
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.
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/N.V.L/Examiner, Art Unit 1717
/Dah-Wei D. Yuan/Supervisory Patent Examiner, Art Unit 1717
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