DETAILED ACTION
This is in response to communication received on 2/17/26.
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
The text of those sections of AIA 35 U.S.C. code not present in this action can be found in previous office actions dated 5/25/23, 10/4/23, 3/14/24, 9/25/24, 4/1/25 and 9/16/25.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 2/17/26 has been entered.
Claim Rejections - 35 USC § 103
The claim rejection(s) under AIA 35 U.S.C. 103 as being obvious over Arezzo et al. US Patent Number 6,335,053 hereinafter AREZZO in view of Dykeman et al. US Patent Number 3,397,672 hereinafter DYKEMAN and Lemelson US Patent Number 5,871,805 hereinafter LEMELSON on claims 10-14 and 16-17 are maintained.
As for claim 10, AREZZO teaches "A process for the continuous production of coated metallic bands obtained by physical phase vapor deposition includes the following steps carried out on a band, eventually coated with zinc or its alloys, in motion and maintained in a vacuum environment... depositing a zinc layer on the metallic band" (abstract, lines 8) and "The zinc layer deposited on the band by physical phase vapor deposition" (column 3, lines 25-26), i.e. a method for coating a metal strip by means of a metallic substrate in a strip coating system wherein the coating is carried out according to the principle of physical vapor deposition.
ARREZO is silent on the layer thickness is set via the parameters of the strip speed, measured in mis, and the vaporization rate, measured in g/s by:
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S(T) is the vaporization rate, bis a width of the metal strip, measured in m, Vstrip is the strip speed, E(b,v,t) is an efficiency, and dMe is the layer thickness, measured in g/m2… defining the strip speed vstrip as
E
b
,
v
,
t
*
S
(
T
)
b
*
d
M
e
.
Examiner notes that the equation defining strip speed is the same as the first equation, just solved for a different variable. As a result, these limitations are actually identical in subject matter.
LEMELSON teaches "A method for computerized control of vapor deposition processes, including chemical vapor deposition and electron beam physical vapor deposition processes, uses optical imaging sensors and/or laser interferometers or infrared ellipsometers focused on the substrate being coated" (abstract, lines 1-5).
Furthermore, LEMELSON describes the process of developing a mathematical model (column 7, lines 66, column 8, line 24) for calculating the desired thickness and process results.
LEMELSON also teaches "Next, one or more of a variety of optimization algorithms known to those skilled in the art is used by the computer to predict values of the objective function(s) that would result from step changes by predetermined amounts in the controlled variables. The computer model then selects the best of the group of predicted outcomes from among the series of changes surveyed ("best" in the sense of, e.g., minimizing or maximizing one or more objective functions chosen beforehand based on the goal of the operation). The control points for the controlled variables are then adjusted to reflect the values predicted for the best outcome, and the process of measurement, prediction and correction is repeated. This adaptive control process continues until the predetermined coating specifications have been met, or until the mathematical model indicates that further improvement in the objective function is not possible." (column 10, lines 3-19), i.e. wherein specific values are chosen and monitored during a process of operation using a computer which would inherently involve storing the values so they may be used in the model for over the time period of operation.
LEMELSON teaches "During coater operation, the computer is used as follows to optimize coating properties. A predetermined mathematical model of the coating process which takes account of the effect of pertinent process variables on a selected group of coating properties is used as a basis for calculations. The process variables may include reactant gas flowrates, reactor and substrate temperature profiles and heat input rates" (column 7, lines 46-52), i.e. wherein parameters are monitored and used to develop a mathematical model.
LEMELSON further teaches "More specifically, one or more visible, infrared and/or laser light based or other radiation-based imaging systems are used to scan the substrate being coated ( or an appropriate test blank that is simultaneously exposed to the same conditions as the substrate) and to measure critical coating parameters, which may include coating thickness" (column 4, lines 55-61 ), and "The objective functions may include average coating thickness" (column 14, lines 22-23) wherein the coating thickness averaged over the strip area is a parameter used in its mathematical model, i.e. b is the width of the metal strip and dMe is the layer thickness, measured substrate to a preceding substrate.
Examiner notes that LEMELSON does not list all of the variables that can be used to calculate the mathematical model for controlling the process, but does generically state that "Alternatively or additionally, a multivariable linearized mathematical model may be created by establishing steady state operation near a set of conditions thought to be moderately suitable, and then perturbing the controlled variables (temperatures, flowrates, etc.) one at a time by a small amount away from the initial condition while measuring the effect on the controlled variables used as inputs for the objective function (thickness, stress, growth rate, etc.)" ( column 8, lines 4-12).
DYKEMAN teaches "The invention relates to a control system for adjusting the several conditions involved in the continuous coating of strip material in a vacuum, by deposition of metal vapor thereon, according to the speed of travel of the strip" (column 1 , lines 27-30) wherein a vaporization rate is adjusted according to strip speed such that they are both parameters used to control coating of the strip, i.e. vaporization rate and strip speed.
DYKEMAN also teaches "the system may be set up in advance for a specific desired coating thickness to be applied to strip of a certain width at a given speed of travel" ( column 6, lines 8-10), i.e. wherein the desired coating thickness is based on a width of the strip.
DYKEMAN further teaches "It is the object of our invention to control both the total power applied to the surface of the metal in the crucible and the distribution of power among the several guns to provide a pre-selected curve of rate of metal vaporization along the length of the crucible (i.e., transversely of the strip), and to control the rate of supplying make-up metal to the crucibles in accordance with strip speed and to produce on the strip a coating of uniform thickness longitudinally and transversely thereof" (column 1, lines 52-59), wherein the uniformity of the coating being applied to the substrate is based on the vaporization rate and the strip speed.
It would have been obvious to one of ordinary skill in the art before the effective filing date to develop a mathematical model such as the one in the claim based on the S(T) vaporization rate, bis the width of the metal strip ... Vstrip is the strip speed, E(b,v,t) is an efficiency, and dMe is the layer thickness ... a change in the layer thickness of a following metal strip to a preceding metal strips because DYKEMAN teaches that vaporization rate, width of the strip, and strip speed can be used to control the layer thickness applied, and LEMELSON teaches that the average coating thickness can be optimized and specifically controlled by developing a mathematical model based on a variety of variables that control coating thickness. As currently written, the claim appears to be an application of the process laid out by LEMELSON to produce a mathematical model for controlling a system like the one used in AREZZO. Examiner also points out that there are no limitations on how that model is used (i.e. using what materials, or what speeds, or what widths, to generate what thickness etc.) to define a process beyond the mere presence of the mathematical model, how it is translated in the computer, and very broad claiming of process steps.
Further, Examiner points out that the Court in Gottschalk v. Benson "held that simply implementing a mathematical principle on a physical machine, namely a computer, was not a patentable application of that principle"); Bilski v. Kappos, 561 U.S. 593, 611, 95 USPQ2d 1001, 1010 (2010) and further "An abstract idea does not become nonabstract by limiting the invention to a particular field of use or technological environment, such as the Internet [or] a computer" Intellectual Ventures I LLC v. Capital One Bank (USA), N.A., 792 F.3d 1363, 1366, 115 USPQ2d 1636, 1639 (Fed. Cir. 2015). While this claim does not fall within a judicial exception, that is only because of the presence of the limitation for ‘adjusting the vaporization rate simultaneously with a proportional change in the strip speed based upon a target layer thickness’ as it provides structure for the process (by implying control mechanisms, process conditions and steps) to advance it beyond limiting the invention to a particular technological environment.
In addition, it is the position of the examiner that the disclosure provides no evidence of criticality with regard to the units used in the equation. It is the position of the examiner that the criticality on the units does not provide patentable distinction as the use of metric appears to incidental absent evidence.
AREZZO is silent on adjusting the vaporization rate simultaneously with a proportional change in the strip speed wherein a change of the layer thickness of a following metal strip relative to a preceding metal strip is implemented directly independently of a thermal vaporization process.
LEMELSON teaches “providing a control point which is compared with a predetermined, desired thickness profile to generate an objective function that is used to adaptively control the CVD process” (column 5, lines 24-27), i.e. wherein the system is adjusted based upon a target layer thickness and “The control points for the controlled variables are then adjusted to reflect the values predicted for the best outcome, and the process of measurement, prediction and correction is repeated” (column 10, lines 12-15), i.e. wherein multiple variable are adjusted at once or simultaneously.
DYKEMAN teaches "The invention relates to a control system for adjusting the several conditions involved in the continuous coating of strip material in a vacuum, by deposition of metal vapor thereon, according to the speed of travel of the strip" (column 1 , lines 27-30).
DYKEMAN further teaches "It is the object of our invention to control both the total power applied to the surface of the metal in the crucible and the distribution of power among the several guns to provide a pre-selected curve of rate of metal vaporization along the length of the crucible (i.e., transversely of the strip), and to control the rate of supplying make-up metal to the crucibles in accordance with strip speed and to produce on the strip a coating of uniform thickness longitudinally and transversely thereof" (column 1, lines 52-59), DYKEMAN also describes that its measurements and adjustments take place over a period of time using a timer during measurement and adjustment (column 5, lines 9-35) and "A third control function exercised by controller 25 is to vary the rate at which wire-feed mechanism 21. operates. For this purpose, a controller 55 (such as Type "C" Basic Electronic Governor made by Linde Div., Union Carbide Corporation) varies the speed of motor 56 driving wire-feed pinch rolls 57" (column 4, lines 53-58), i.e. adjusting the vaporization rate simultaneously with a proportional change in the strip speed wherein a change of the layer thickness of a following metal strip relative to a preceding metal strip is implemented directly independently of a thermal vaporization process.
It would have been obvious to one of ordinary skill in the art before the effective filing date to include adjusting the vaporization rate simultaneously with a proportional change in the strip speed based upon a target layer thickness wherein a change of the layer thickness of a following metal strip relative to a preceding metal strip is implemented directly independently of a thermal vaporization process in the process of AREZZO because DYKEMAN teaches that such a process allows for tight control of coating thickness during a continuous process.
As for claim 11, AREZZO is silent on control.
DYKEMANN teaches "As explained above, timer 65 effects the delay between corrections to servo 59 by servo 60, so as to make the delay proportional to line speed" (column 5, lines 49-52), i.e. wherein changing the vaporization rate and the strip speed at fixed time intervals.
DYKEMAN teaches "A simple electron-gun device is desirable because the gun must work in an atmosphere that would contaminate the electrode structure of more complex guns. Wide-range control, however, has prior to our invention required control grids and accessory electrodes incorporated in the more complex guns to vary current flow and maintain focus of 10 the electron beam on the object to be heated" (column 2, lines 3-10).
It would have been obvious to one of ordinary skill in the art before the effective filing date to use the control method of DYKEMAN in the PVD process of AREZZO because DYKEMAN teaches that its control process allows for simplistic control of the deposited thickness on the web.
As for claim 12, AREZZO is silent on changing parameters of the following strip relative to the preceding metal strip via the value pairs of the vaporization rate and the strip speed per time interval.
DYKEMAN further teaches "It is the object of our invention to control both the total power applied to the surface of the metal in the crucible and the distribution of power among the several guns to provide a pre-selected curve of rate of metal vaporization along the length of the crucible (i.e., transversely of the strip), and to control the rate of supplying make-up metal to the crucibles in accordance with strip speed and to produce on the strip a coating of uniform thickness longitudinally and transversely thereof" (column 1, lines 52-59), DYKEMAN also describes that its measurements and adjustments take place over a period of time using a timer during measurement and adjustment (column 5, lines 9-35) and "A third control function exercised by controller 25 is to vary the rate at which wire-feed mechanism 21. operates. For this purpose, a controller 55 (such as Type "C" Basic Electronic Governor made by Linde Div., Union Carbide Corporation) varies the speed of motor 56 driving wire-feed pinch rolls 57" (column 4, lines 53-58), i.e. changing parameters of the following strip relative to the preceding metal strip via the value pairs of the vaporization rate and the strip speed per time interval.
It would have been obvious to one of ordinary skill in the art before the effective filing date to use the control method of DYKEMAN in the PVD process of AREZZO because DYKEMAN teaches that its control process allows for simplistic control of the deposited thickness on the web.
As for claim 13, AREZZO is silent on calculating the value pairs based on known changes in an area to be coated.
LEMELSON teaches "Alternatively or additionally, a multivariable linearized mathematical model may be created by establishing steady state operation near a set of conditions thought to be moderately suitable, and then perturbing the controlled variables (temperatures, flowrates, etc.) one at a time by a small amount away from the initial condition while measuring the effect on the controlled variables used as inputs for the objective function (thickness, stress, growth rate, etc.)" ( column 8, lines 4-12) and "One advantage of embodiments of my invention that make use of laser interferometric thickness measurements in 40 conjunction with visible light TV microscopy monitoring of coating thickness is that the uncertainty about what integer multiple of thickness is being observed is eliminated ... For example, if a profile of varying thickness is desired, the laser light absorption measurements at various points on the surface provide a direct measurement of thickness which can be compared with the desired profile during the coating operation and especially as the desired thickness is approached." (column 6, lines 38-54), i.e. calculating the value pairs based on known changes in an area to be coated.
It would have been obvious to one of ordinary skill in the art before the effective filing date to include calculating the value pairs based on known changes in an area to be coated in the process of AREZZO because LEMELSON teaches that such a process allows for uncertainty about the thickness to be eliminated and ensure a desired thickness is achieved.
As for claim 14, AREZZO teaches "A process for the continuous production of coated metallic bands obtained by physical phase vapor deposition includes the following steps carried out on a band, eventually coated with zinc or its alloys, in motion and maintained in a vacuum environment... depositing a zinc layer on the metallic band" (abstract, lines 8) and "steel metallic band" (column 4, lines 45-46), i.e. wherein the metal strip comprises a steel strip and the metallic substrate comprises zinc.
As for claim 16, AREZZO is silent on control.
DYKEMANN teaches "coating thickness gages 23 (such as the "Quantrol" Analyzer made by Applied Research Laboratories, Inc., Glendale, Calif.) measure the thickness of the coating applied to one side of the strip" (column 3, lines 2-6), i.e. wherein a layer thickness measuring device is used to determine the layer thickness.
DYKEMAN teaches "A simple electron-gun device is desirable because the gun must work in an atmosphere that would contaminate the electrode structure of more complex guns. Wide-range control, however, has prior to our invention required control grids and accessory electrodes incorporated in the more complex guns to vary current flow and maintain focus of 10 the electron beam on the object to be heated" (column 2, lines 3-10).
It would have been obvious to one of ordinary skill in the art before the effective filing date to use the control method of DYKEMAN in the PVD process of AREZZO because DYKEMAN teaches that its control process allows for simplistic control of the deposited thickness on the web.
As for claim 17, AREZZO is silent on calculating the value pairs based on known changes in a layer thickness to be coated.
LEMELSON teaches "Alternatively or additionally, a multivariable linearized mathematical model may be created by establishing steady state operation near a set of conditions thought to be moderately suitable, and then perturbing the controlled variables (temperatures, flowrates, etc.) one at a time by a small amount away from the initial condition while measuring the effect on the controlled variables used as inputs for the objective function (thickness, stress, growth rate, etc.)" ( column 8, lines 4-12) and "One advantage of embodiments of my invention that make use of laser interferometric thickness measurements in 40 conjunction with visible light TV microscopy monitoring of coating thickness is that the uncertainty about what integer multiple of thickness is being observed is eliminated ... For example, if a profile of varying thickness is desired, the laser light absorption measurements at various points on the surface provide a direct measurement of thickness which can be compared with the desired profile during the coating operation and especially as the desired thickness is approached." (column 6, lines 38-54), i.e. calculating the value pairs based on known changes in a layer thickness to be coated.
It would have been obvious to one of ordinary skill in the art before the effective filing date to include calculating the value pairs based on known changes in a layer thickness to be coated in the process of AREZZO because LEMELSON teaches that such a process allows for uncertainty about the thickness to be eliminated and ensure a desired thickness is achieved.
The claim rejection(s) under AIA 35 U.S.C. 103 as being obvious over Arezzo et al. US Patent Number 6,335,053 hereinafter AREZZO in view of Dykeman et al. US Patent Number 3,397,672 hereinafter DYKEMAN and Lemelson US Patent Number 5,871,805 hereinafter LEMELSON as applied to claim 10 above, and further in view of Besser et al. US Patent Number 6,610,181 hereinafter BESSER on claim 15 is maintained. The rejection is repeated below for convenience.
As for claim 15, AREZZO is silent on control.
DYKEMAN and LEMELSON is silent on wherein the change of the desired target layer thickness and/or the width change of the following strip to the preceding metal strip is at least 10%.
BESSEER teaches "The present invention is directed to a method of controlling the formation of metal layers" (abstract, lines 1-2) and "Sputter deposition, or physical vapor deposition (PVD ), is widely used for forming thin layers of metal" (column 1, lines 35-36).
BESSER teaches "Alternatively, the thickness of the metal layer may be 15 determined using an elliposometer or an opto-acoustic method. However, these test wafers are relatively expensive, and thickness variations outside of acceptable limits may not be determined until well after additional wafers have been produced. As a result, the additional wafers may have to be 20 scrapped if the deposition process is producing metal layers having a thickness outside of an acceptable range. Even if it is determined that the metal film on the product wafer had a thickness outside of an acceptable range, it is extremely difficult to change this thickness once the metal film is 25 removed from the low-vacuum, low-pressure, multichamber environment of commonly employed deposition systems" (column 2, lines 14-27), wherein thicknesses exist in an acceptable range the produces the desired product rather than a single acceptable fixed point.
It would have been obvious to one of ordinary skill in the art to determine an acceptable range for the thickness applied in DYKEMAN, LEMELSON and AREZZO. Discovery of optimum value of result effective variable in a known process if ordinarily within the skill of the art. In re Boesch, CCPA 1980, 617 F.2d 272, 205 USPQ215.
Response to Arguments
Applicant's arguments filed 2/17/26 have been fully considered but they are not persuasive.
Applicant’s principal arguments are summarized and addressed below:
(a) Applicant argues the AREZZO and DYKEMAN are silent on adjusting the vaporization rate simultaneously with a proportional change in the strip speed based upon a target layer thickness.
Examiner notes that AREZZO and DYKEMAN were used to reject the claim with another reference, LEMELSON, which specifically teaches “providing a control point which is compared with a predetermined, desired thickness profile to generate an objective function that is used to adaptively control the CVD process” (column 5, lines 24-27), i.e. wherein the system is adjusted based upon a target thickness, and “The control points for the controlled variables are then adjusted to reflect the values predicted for the best outcome, and the process of measurement, prediction and correction is repeated” (column 10, lines 12-15), i.e. wherein multiple variable are adjusted at once or simultaneously.
So while AREZZO and DYKEMAN might be silent on these aspects of the invention, LEMELSON clearly teaches them. One cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., Inc., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
As such Applicant’s arguments are not persuasive.
Conclusion
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/KRISTEN A DAGENAIS/Examiner, Art Unit 1717