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 .
Response to Amendment
The amendments to the claims, in the submission dated 09/22/2025, are acknowledged and accepted. Claims 1, 3-6, and 8-11 are amended. Claims 2, 7, and 12 are canceled by the applicant. Claims 14-16 are added without the addition of new matter. The objection to claim 9 is withdrawn in light of the amendment to claim 9. The rejection of claims 1 and 10, and their dependent claims, under 35 U.S.C. § 112 is withdrawn in light of the amendments to claims 1 and 10. The rejection of claims 1-10 under 35 U.S.C. § 101 is withdrawn in light of the amendments to claims 1, 3-6, and 8-10 and the cancellation of claims 2 and 7. Claims 1, 3-6, 8-11, and 13-16 are pending.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1, 3-6, 8-11, and 13-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lee et al. US PGPub 2013/0071636 A1 (of record, see Office action dated 05/21/2025, hereinafter, “Lee”).
Regarding amended independent claim 1, Lee discloses an article or structure which has a base material and a pseudo random dot pattern (Lee discloses a microcavity array formed on a cavity-forming layer 194 coated on carrier web 170, see at least Fig. 5A and refer to par. [0022], and the microcavities are positioned to reduce the effect of periodic or repetitive line defects by a random number generator algorithm for defining the variation in position of cavities, par. [0026], where cavities are equivalent to dots and, as best understood by the Examiner, a random number generator algorithm will output pseudorandom numbers for defining the positioning and pattern of cavities) comprising particles or nanostructures (conductive particles 112 are applied to the microcavity web, see Figs. 5A and 5B, par. [0028]), the pseudo random dot pattern disposed on a surface of the base material (as shown in Fig. 5B, conductive particles 112 are disposed in microcavities 125 on the surface of carrier web 170, par. [0022]), the pseudo random dot pattern comprising a first oblique lattice region (Fig. 7 depicts a top view of an embodiment of a microcavity carrier belt having microcavities that are slightly offset or randomized, pars. [0013], [0026]) and a second oblique lattice region repeatedly disposed at predetermined intervals in a y direction on an xy plane (Fig. 9 depicts microcavities in at least two distinct regions separated by a 45° stitching line, pars. [0015], [0063], and the selection of a y-axis on a plane is arbitrary, often made for convenience of description or calculation), the first oblique lattice region including arrangement axes in a b direction obliquely crossing an x direction at an angle a, the angle a being 0-90 degrees (Fig. 7, line AB represents the pitch in the x-direction, par. [0026], and an arrangement axis in a b direction crosses the x direction at an angle a = 30 degrees, satisfying the limitation), a plurality of dot arrangement axes al on which dots are disposed at a predetermined pitch (Fig. 7, line AB represents the pitch of microcavities in the x-direction and the line C-D represents the pitch of the microcavities in the y-direction, par. [0026], therefore line AB represents a dot arrangement axis a1) in the x direction being arranged in a b direction obliquely crossing the x direction at the angle a in the first oblique lattice region (Fig. 7, microcavities are arranged at an angle obliquely crossing at an angle a relative to the lines AB and C-D representing the x-direction and y-direction, respectively, satisfying the instant limitation), a plurality of dot arrangement axes a2 on which dots are disposed at a predetermined pitch in the x direction being arranged in a c direction reverse to the b direction with respect to the x direction in the second oblique lattice region (Fig. 9 shows two distinct regions, each region having microcavities arranged as shown in Fig. 7, therefore the microcavities of the second region can be described with the equivalent of a line AB that represents the pitch of microcavities in the second region in the x-direction and the equivalent of the line C-D that represents the pitch of the microcavities in the y-direction, par. [0026], therefore the second region has a dot arrangement axis a2), wherein the first oblique lattice region and the second oblique lattice region are repeatedly disposed so that, regarding the arrangement axis obliquely crossing the x direction, an extension of the arrangement axis in one of the oblique lattice regions does not serve as the arrangement axis in the other oblique lattice region (as shown in Figs. 7 and 9, an extension of axes, either a1 or a2, above or below the stitch line is not the same, i.e., does not serve as an extension of axes a2 or a1 below or above the same stitch line, satisfying the claimed limitation), and wherein positions of closest dots on the arrangement axis al of the first oblique lattice region and an adjoining arrangement axis a2 of the second oblique lattice region are deviated in the x direction (Fig. 8, area 188' corresponding to a 60° stitching line with a 40 micron stitching gap does not contain any conductive particles, equivalent to a deviation along the equivalent of the x-direction, and Fig. 9, microcavities are deviated along an axis equivalent to an x-axis across the 45° stitching line, satisfying the instant limitation).
Regarding amended dependent claim 3, Lee discloses the article or structure according to claim 1, wherein the first oblique lattice region and the second oblique lattice region are alternately repeatedly disposed (Fig. 8 shows the distribution of conductive particles in microcavities in at least two regions as being alternately repeated).
Regarding amended dependent claim 4, Lee discloses the article or structure according to claim 1, wherein the respective dots are disposed at a constant pitch on the arrangement axes al in the first oblique lattice region and on the arrangement axes a2 in the second oblique lattice region (as shown in Fig. 7, line AB represents the pitch of microcavities in the x-direction along axis a1, and this pitch AB is constant, and the line C-D represents the pitch of the microcavities in the y-direction, par. [0026], and this pitch C-D is also constant. Likewise, the pitch of the equivalent spacings of microcavities in the second region, shown in at least Fig. 9, each region having microcavities arranged as shown in Fig. 7, therefore the microcavities of the second region can be described with the equivalent of a line AB that represents the pitch of microcavities in the second region in the x-direction and the equivalent of the line C-D that represents the pitch of the microcavities in the y-direction, par. [0026], therefore the second region has a dot arrangement axis a2).
Regarding amended dependent claim 5, Lee discloses the article or structure according to claim 4, wherein a pitch at which the dots are disposed on the arrangement axes al in the first oblique lattice region and a pitch at which the dots are disposed on the arrangement axes a2 in the second oblique lattice region are the same (as shown in Figs. 7 and 9, the pitch AB of microcavities are the same in the first and second regions).
Regarding amended dependent claim 6, Lee discloses the article or structure according to claim 1, wherein a distance L1 between adjoining arrangement axes al in the first oblique lattice region and a distance L2 between adjoining arrangement axes a2 in the second oblique lattice region are the same (as shown in Figs. 7 and 9, the pitch AB of microcavities are the same in the first and second regions).
Regarding amended dependent claim 8, Lee discloses the article or structure according to claim 1, wherein a number of the arrangement axes al arranged in the first oblique lattice region and a number of the arrangement axes a2 arranged in the second oblique lattice region are the same (Figs. 7 and 9, the number of arrangement axes a1 and a2 in the two regions of Fig. 9 are the same).
Regarding amended dependent claim 9, Lee discloses the article or structure according to claim 1, wherein a number of the arrangement axes al arranged in the first oblique lattice region and a number of the arrangement axes a2 arranged in the second oblique lattice region are 4 or fewer (Fig. 7 shows two arrangement axes, lines AB and C-D, equivalent to arrangement axes a1 and a2, respectively, and Fig. 9 shows two lattice regions, both of which are arranged according to the depiction in Fig. 7, therefore the two lattice regions have fewer than 4 arrangement axes each, satisfying the instant limitation).
Regarding amended independent claim 10, Lee discloses a creation method of an article or structure which has a base material and a pseudo random dot pattern (Lee discloses a microcavity array formed on a cavity-forming layer 194 coated on carrier web 170, see at least Fig. 5A and refer to par. [0022], and the microcavities are positioned to reduce the effect of periodic or repetitive line defects by a random number generator algorithm for defining the variation in position of cavities, par. [0026], where cavities are equivalent to dots and, as best understood by the Examiner, a random number generator algorithm will output pseudorandom numbers for defining the positioning and pattern of cavities) comprising particles or nanostructures (conductive particles 112 are applied to the microcavity web, see Figs. 5A and 5B, par. [0028]), the pseudo random dot pattern disposed on a surface of the base material (as shown in Fig. 5B, conductive particles 112 are disposed in microcavities 125 on the surface of carrier web 170, par. [0022]), the creation method comprising repeatedly disposing a first oblique lattice region and a second oblique lattice region at predetermined intervals in a y direction on an xy plane (Fig. 9 depicts microcavities in a lattice with at least two distinct regions defined by a 45° stitching line across the image, pars. [0015], [0063], and the nature of a lattice inherently carries the implication of spacing at predetermined intervals in a direction along a plane), the first oblique lattice region including arrangement axes in a b direction obliquely crossing an x direction at an angle a, the angle a being 0-90 degrees (Fig. 7, line AB represents the pitch in the x-direction, par. [0026], and an arrangement axis in a b direction crosses the x direction at an angle a = 30 degrees, satisfying the limitation), a plurality of dot arrangement axes al on which dots are disposed at a predetermined pitch (Fig. 7, line AB represents the pitch of microcavities in the x-direction and the line C-D represents the pitch of the microcavities in the y-direction, par. [0026], therefore line AB represents a dot arrangement axis a1) in the x direction being arranged in a b direction obliquely crossing the x direction at the angle a in the first oblique lattice region (Fig. 7, microcavities are arranged at an angle obliquely crossing at an angle a relative to the lines AB and C-D representing the x-direction and y-direction, respectively, satisfying the instant limitation), a plurality of dot arrangement axes a2 on which dots are disposed at a predetermined pitch in the x direction being arranged in a c direction reverse to the b direction with respect to the x direction in the second oblique lattice region (Fig. 9 shows two distinct regions, each region having microcavities arranged as shown in Fig. 7, therefore the microcavities of the second region can be described with the equivalent of a line AB that represents the pitch of microcavities in the second region in the x-direction and the equivalent of the line C-D that represents the pitch of the microcavities in the y-direction, par. [0026], therefore the second region has a dot arrangement axis a2), wherein the first oblique lattice region and the second oblique lattice region are repeatedly disposed so that, regarding the arrangement axis obliquely crossing the x direction, an extension of the arrangement axis in one of the oblique lattice regions does not serve as the arrangement axis in the other oblique lattice region (as shown in Figs. 7 and 9, an extension of axes, either a1 or a2, above or below the stitch line is not the same, i.e., does not serve as an extension of axes a2 or a1 below or above the same stitch line, satisfying the claimed limitation), and wherein positions of closest dots on the arrangement axis al of the first oblique lattice region and an adjoining arrangement axis a2 of the second oblique lattice region are deviated in the x direction (Fig. 8, area 188' corresponding to a 60° stitching line with a 40 micron stitching gap does not contain any conductive particles, equivalent to a deviation along the equivalent of the x-direction, and Fig. 9, microcavities are deviated along an axis equivalent to an x-axis across the 45° stitching line, satisfying the instant limitation).
Regarding amended dependent claim 11, Lee discloses a filler-containing film (refer to at least abstract disclosing an anisotropic conductive film (ACF), and claim 25 to an anisotropic conductive film comprising a plurality of conductive particles disposed in or on an adhesive layer) comprising a resin layer (Lee discloses the use of resins, such as phenolic resin, amine-formaldehyde resin, epoxy resins, phenoxy resins, acrylic resins, par. [0052], [0054], for film 100, par. [0050]) where filler particles are disposed in a pseudo random dot pattern on an xy plane (film 100 with conductive particles 112, par. [0050], and Fig. 7 depicts a top view of an embodiment of a microcavity carrier belt having microcavities that are slightly offset or randomized, pars. [0013], [0026], where microcavities are equivalent to dots on an xy plane in a pseudo random pattern, and Lee discloses a random number generator algorithm for defining the variation in position of cavities, par. [0026], and, as best understood by the Examiner, a random number generator algorithm will output pseudorandom numbers for defining the positioning and pattern of cavities to hold conductive particles 112), the filler-containing film including a first oblique lattice region and a second oblique lattice region repeatedly disposed at predetermined intervals in a y direction (Fig. 9 shows two distinct regions, each region having microcavities arranged as shown in Fig. 7, therefore the microcavities of the second region can be described with the equivalent of a line AB that represents the pitch of microcavities in the second region in the x-direction and the equivalent of the line C-D that represents the pitch of the microcavities in the y-direction, par. [0026]), the first oblique lattice region including arrangement axes in a b direction obliquely crossing an x direction at an angle a, the angle a being 0-90 degrees (Fig. 7, line AB represents the pitch in the x-direction, par. [0026], and an arrangement axis in a b direction crosses the x direction at an angle a = 30 degrees, satisfying the limitation), a plurality of filler particle arrangement axes al on which filler particles are disposed at a predetermined pitch (Fig. 7, line AB represents the pitch of microcavities in the x-direction and the line C-D represents the pitch of the microcavities in the y-direction, par. [0026], therefore line AB represents a dot arrangement axis a1) in the x direction being arranged in a b direction obliquely crossing the x direction at the angle a in the first oblique lattice region (Fig. 7, microcavities are arranged at an angle relative to the lines AB and C-D representing the x-direction and y-direction, respectively), a plurality of filler particle arrangement axes a2 on which filler particles are disposed at a predetermined pitch in the x direction being arranged in a c direction reverse to the b direction with respect to the x direction in the second oblique lattice region (Fig. 9 shows two distinct regions, each region having microcavities arranged as shown in Fig. 7, therefore the microcavities of the second region can be described with the equivalent of a line AB that represents the pitch of microcavities in the second region in the x-direction and the equivalent of the line C-D that represents the pitch of the microcavities in the y-direction, par. [0026], therefore the second region has a dot arrangement axis a2), wherein the first oblique lattice region and the second oblique lattice region are repeatedly disposed so that, regarding the arrangement axis obliquely crossing the x direction, an extension of the arrangement axis in one of the oblique lattice regions does not serve as the arrangement axis in the other oblique lattice region (as shown in Figs. 7 and 9, an extension of axes, either a1 or a2, above or below the stitch line is not the same, i.e., does not serve as an extension of axes a2 or a1 below or above the same stitch line, satisfying the claimed limitation), and wherein positions of closest dots on the arrangement axis al of the first oblique lattice region and an adjoining arrangement axis a2 of the second oblique lattice region are deviated in the x direction (Fig. 8, area 188' corresponding to a 60° stitching line with a 40 micron stitching gap does not contain any conductive particles, equivalent to a deviation along the equivalent of the x-direction, and Fig. 9, microcavities are deviated along an axis equivalent to an x-axis across the 45° stitching line, satisfying the instant limitation).
Regarding dependent claim 13, Lee discloses the filler-containing film according to claim 11, wherein the arrangement axes al are parallel to a long-side direction of the film (the microcavity pattern depicted in Fig. 7 is used in web 300 shown in Fig. 4, where the line AB is equivalent of the arrangement axes a1 and is parallel to the long-side direction of the web 300, satisfying the instant limitation).
Regarding new dependent claim 14, Lee discloses the article or structure according to claim 1, wherein the predetermined intervals are such where the first oblique lattice region and second oblique lattice region are alternately repeated (Fig. 8 shows the distribution of conductive particles in microcavities in at least two regions as being alternately repeated).
Regarding new dependent claim 15, Lee discloses the article or structure according to claim 1, wherein a repetition pitch of the first oblique lattice region and the second oblique lattice region in the y direction are less than or equal to a length of rectangular regions in a long-side direction, the rectangular regions being radially arranged or arranged in parallel within a patterned area (Fig. 8 shows a distribution of conductive particles 112 with respect to a series of electrodes, par. [0014], where the electrodes have a 50 micron pitch and the particle-to-particle pitch is about 8 microns, par. [0021], and Figs. 8 and 9 show the regions are arranged in parallel within the patterned area).
Regarding new dependent claim 16, Lee discloses the article or structure according to claim 1, wherein an amount of deviation Ld in the x direction between positions of the closest dots on the arrangement axis al and the arrangement axis a2 is nonzero (Figs. 7 and 9 show non-zero deviation between particles on the arrangement axes).
Response to Arguments
Applicant's arguments filed 09/22/2025 have been fully considered but they are not persuasive.
Applicant has argued the prior art reference Lee does not teach the arrangement axes to be the first oblique lattice region including arrangement axes in a b direction obliquely crossing an x direction at an angle a, the angle a being 0-90 degrees, and that the prior art reference Lee does not teach a plurality of dot arrangement axes al on which dots are disposed at a predetermined pitch in the x direction being arranged in a b direction obliquely crossing the x direction at the angle a in the first oblique lattice region, a plurality of dot arrangement axes a2 on which dots are disposed at a predetermined pitch in the x direction being arranged in a c direction reverse to the b direction with respect to the x direction in the second oblique lattice region as shown in Figures 1A-1E of the instant application. Examiner respectfully disagrees.
Counsel's assertion that Lee does not teach or suggest arrangement axes having a configuration where such axes are disposed in a way where an extension would not serve as an arrangement axis in the other oblique lattice region is merely an argument unaccompanied by evidentiary support, and, thus, is insufficient to rebut Examiner's finding of obviousness. Arguments of counsel cannot take the place of evidence in the record. In re Schulze, 346 F.2d 600, 602, 145 USPQ 716, 718 (CCPA 1965); In re Geisler, 116 F.3d 1465, 43 USPQ2d 1362 (Fed. Cir. 1997) (“An assertion of what seems to follow from common experience is just attorney argument and not the kind of factual evidence that is required to rebut a prima facie case of obviousness.”). MPEP §§ 2145, 2129, 2144.03, 716.01(c). In this case, the argument for how the prior art reference and the instant application differ in the arrangement of the elements claimed is not provided, and the claims are mapped to the prior art in the rejections above. Therefore the prior art teaches the invention as currently claimed.
Examiner notes that on page 3 of Remarks that the present application relates to a method for creating a pseudo random dot pattern having a desired number density and periodicity in a short time (see also instant specification at par. [0008]). The claims as currently recited do not provide any limitations regarding time or duration for the methods and processes claimed. Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
Conclusion
Applicant's amendment necessitated the new grounds 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Justin W Hustoft whose telephone number is (571)272-4519. The examiner can normally be reached Monday - Friday 8:30 AM - 5:30 PM Eastern Time.
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/JUSTIN W. HUSTOFT/ Examiner, Art Unit 2872
/THOMAS K PHAM/ Supervisory Patent Examiner, Art Unit 2872