DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 January 7, 2026 has been entered.
Status of Claims
Status of claims:
Claims 1-5, 7-18 and 26
Claims 19-25 and 27-29 are withdrawn based on the previous election/restriction set forth in the office action of March 6, 2025.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly 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-AIA ), 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.
Claims 1-5, 7-18 and 26 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1, line 13, 14, “the target” should be “the more than one targets”.
Claim 1, lines 14, 15, “the system” lacks antecedent basis.
Claim 2, line 2, is indefinite because “the mean free path” should be “the theoretical mean free path”.
Claim 2, line 2, “the system” lacks antecedent basis.
Claim 9, line 1, is indefinite because “the process” should be “the method”.
Claim 9, line 2, is indefinite because “the chamber pressure” should be “a chamber pressure”.
Claim 9, line 3, “the igniting” lacks antecedent basis. Should this be replaced by “ignition”
Claim 9, line 3, “the remote plasma” lacks antecedent basis. Should this be “the plasma remote from the more than one sputter targets suitable for plasma sputtering”?
Claim 9, line 4, “the deposition process” lacks antecedent basis. Should this be “the method”?
Claim 9, line 4, “said value” should be “said constant value”.
Claim 10, line 1, “the sputtering” lacks antecedent basis. Should this be “generating the sputtered material”?
Claim 10, line 2, “the flow rate” should be “a flow rate”.
Claim 10, line 3, “the deposition process” lacks antecedent basis. Should this be “the method”?
Claim 10, line 3, 4, “said value” should be “said constant value”.
Claim 12, line 2, is indefinite because the phrase “may be between” is unclear. Is it between? “May be” is confusing.
Claim 14, line 2, is indefinite because the limitation of “above 4.5e-3 mBar” is unclear. Should this be “ between 4.5 e-3 mBar and 1e-2 mBar” to be clear since it depends on claim 9 which has the broader range in it.
Claim 15, line 1, “the crystallite size” lacks antecedent basis.
Claim 15, line 2, “the film” lacks antecedent basis.
Claim 16, lines 1, 2, “the range of crystallite sizes” lacks antecedent basis,
Claim 16, line 2, “the average crystallite size” lacks antecedent basis.
Claim 16, line 3, “the film” lacks antecedent basis.
Claim 17, line 1, “the step” lacks antecedent basis.
Claim 17, line 2, “the sputter deposition technique” lacks antecedent basis.
Claim 17, lines 4 and 5, “on the surface opposite to said surface on which material is deposited” should be “on a surface opposite to a surface on which material is deposited”.
Claim 18, line 1, “the deposition rate” lack antecedent basis. Should this be “a deposition rate”?
Allowable Subject Matter
Claims 1-5, 7-18, 26 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter:
Claims 1-5, 7-18 and 26 are indicated as being allowable over the prior art of record because the prior art of record does not teach the claimed subject matter including moving the substrate using a drum, the drum having a center of rotation; moving the more than one targets about the center of rotation with an angular velocity slower than an angular velocity of the drum.
Response to Arguments
Applicant's arguments filed January 7, 2026 have been fully considered.
Applicant’s amendments overcome the previous prior art rejections and the previous obviousness type double patenting rejections.
New 35 U.S.C. 112 rejections have been made.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RODNEY GLENN MCDONALD whose telephone number is (571)272-1340. The examiner can normally be reached Hoteling: M-Th every Fri off.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, James Lin can be reached at 571-272-8902. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/RODNEY G MCDONALD/Primary Examiner, Art Unit 1794
RMJanuary 12, 2026
Prosecution Insights