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 .
Claim Rejections - 35 USC § 102
1. In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
2. 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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
3. Claims 1-3, 6-8, and 12-14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yasutake et al. (Japanese Patent Publication No. JP 2001-183848 A), hereinafter Yasutake.
4. Regarding Claims 1-3, 6-8, and 12-14, Yasutake teaches (Claims 1 and 4, Paragraphs [0007 and 0023]) forming a photoresist, therein teaching a mask material such as a photoresist film, on a surface of a substrate, therein a base material or substrate. Yasutake teaches (Claims 1 and 4, Paragraphs [0014 and 0023]) patterning the photoresist to generate an opening, therein exposure and development of the photoresist mask material for generate an opening, the opening is configured to show the surface of the substrate, given in that the subsequent (metal) film layer covers both the undeveloped photoresist and the substrate base material where the photoresist mask material has been removed. Yasutake teaches (Claims 1 and 4, Paragraphs [0014 and 0023], Figs. 1-2) forming a film including a first portion and a second portion (See particularly Fig. 1(d)), the first portion is located on a top surface of the photoresist, the second portion is located on the surface of the substrate and visible through the opening (See particularly Fig. 1(d) wherein this second portion is apparent in the opening in the photoresist). Yasutake teaches (Claims 1 and 4, Paragraph [0024], Figs. 1-2) attaching a tape, therein an adhesive material or Icros (product name) tape, on the first portion of the film, a binding force between the first portion of the film and the tape is greater than a binding force between the first portion of the film and the photoresist, herein this difference in binding energy is evident as the film is removed with the tape while the photoresist remains on the substrate (See particularly Fig. 2(a)). Yasutake teaches (Claims 1 and 4, Paragraph [0024], Figs. 1-2) removing the tape and the first portion of the film to show the top surface of the photoresist (See particularly Figs. 2(a-b)). Yasutake teaches (Claims 1 and 4, Paragraph [0024], Figs. 1-2) contacting, therein immersed, the top surface and a lateral surface of the photoresist with a photoresist stripping solution, therein a 4% NaOH aqueous solution, the photoresist stripping solution is configured to strip the photoresist. Yasutake teaches (Claims 1 and 4, Paragraphs [0014 and 0023]) the film is a metal film, e.g. gold. Yasutake teaches (Claims 1 and 4, Paragraphs [0014 and 0023]) the metal film is made of gold. Yasutake teaches (Claims 1 and 4, Paragraphs [0014 and 0023]) the film is formed by sputtering deposition. Yasutake teaches (Claims 1 and 4, Paragraphs [0014 and 0023]) the photoresist is a negative photoresist. Yasutake teaches (Figs. 1-2) the opening has a narrow top and a wide bottom in cross-section. Yasutake teaches (Claims 1 and 4, Paragraph [0024], Figs. 1-2) the second portion of the film is configured to not contact the photoresist.
Claim Rejections - 35 USC § 103
5. 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:
6. 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.
7. Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Yasutake et al. (Japanese Patent Publication No. JP 2001-183848 A), hereinafter Yasutake.
8. Regarding Claims 11, Yasutake teaches all limitations of Claim 1 above. However, Yasutake doesn’t explicitly teach the photoresist is a positive photoresist in a working example.
9. Yasutake teaches (Paragraph [0016]) the photoresist is a positive or negative photoresist.
10. It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Yasutake wherein the photoresist is a positive photoresist. Said modification would be a simple substitution of one known element, i.e. a positive photoresist for a negative photoresist, as was using in the working examples of Yasutake. Yasutake teaches the use of either positive or negative photoresist. Yasutake teaches that the use of a positive photoresist is functional and predictable to achieve the prior art’s aim of providing a method of removing a metal film from a layer of photoresist which removes the metal film from the photoresist but leaves the photoresist film on the surface of the substrate (Paragraphs [0006-0007]).
11. Claims 4-5 and 9-10 are rejected under 35 U.S.C. 103 as being unpatentable over by Yasutake et al. (Japanese Patent Publication No. JP 2001-183848 A), hereinafter Yasutake, in view of Sakushima et al. (United States Patent No. US 6,256,437 B1), hereinafter Sakushima.
12. Regarding Claims 4-5 and 9-10, Yasutake teaches all limitations of Claim 1 above. However, Yasutake fails to explicitly teach the film is an optical film. Furthermore, Yasutake fails to explicitly teach the optical film is made of silicon oxide or silicon nitride. Furthermore, Yasutake fails to explicitly teach the optical film is formed by sputtering deposition or evaporation deposition.
13. Sakushima teaches (col. 6, line 12 to col. 7, line 30, Figs. 3-4) the film is an optical film, therein Sukishima teaches a film (elements 2 & 3 in Figs. 3-4) for an optical waveguide device. Sakushima teaches (col. 6, line 12 to col. 7, line 30, Figs. 3-4) optical film is made of silicon oxide or silicon nitride, therein Sukishima teaches a film (elements 2 & 3 in Figs. 3-4) for an optical waveguide device comprised of silicon oxide or silicon nitride. Sakushima teaches (col. 6, lines 26-33) the optical film is formed by sputtering deposition. Sakushima teaches (col. 6, lines 26-33) the method therein for manufacturing an optical waveguide device comprising optical film(s) which also has a more accurate positioning of optical elements in an optical device.
14. It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Yasutake to incorporate the teachings of Sakushima wherein the film is an optical film; the optical film is made of silicon oxide or silicon nitride; and the optical film is formed by sputtering deposition. Doing so would allow for a method of manufacturing an optical waveguide device comprising optical film(s) which also has a more accurate positioning of optical elements in an optical device, as recognized by Sakushima.
Conclusion
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/RICHARD DAVID CHAMPION/Examiner, Art Unit 1737