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 .
Election/Restrictions
Claims 15 and 17 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 22 August 2025.
Applicant is reminded that upon the cancelation of claims to a non-elected invention, the inventorship must be corrected in compliance with 37 CFR 1.48(a) if one or more of the currently named inventors is no longer an inventor of at least one claim remaining in the application. A request to correct inventorship under 37 CFR 1.48(a) must be accompanied by an application data sheet in accordance with 37 CFR 1.76 that identifies each inventor by his or her legal name and by the processing fee required under 37 CFR 1.17(i).
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 25 and 33 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 25 recites the limitation “a size of the space is reduced from the inlet port toward the supply port.” The limitation is indefinite as vague, because it is not clear what “reduced” means or by what standard one can determine that a size of a space is reduced. It is not clear what interpretation to give the claim.
Claim 33 recites the limitation “wherein an angle formed between an extension line through a center of an ejection vector of the mist from the inlet port and the inner wall surface intersecting with the extension line for a first time is set to an acute angle.” The limitation is indefinite, because except for a line perpendicular to a plane, any other line intersecting a plane will form BOTH an acute angle AND an obtuse angle, depending on a given reference direction on the plane. Since no reference direction is provided, it is not clear what angle must be “set” to an acute angle.
Claim Rejections - 35 USC § 102
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.
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.
Claim(s) 1-4, 6-7, 10,12-13, 16, 25, and 32-33 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Li (WO 2018/220756, citing US 2020/0171514 as the English translation).
Regarding Claim 1, Li (WO’756) teaches a deposition apparatus that supplies mist to a front surface of an object and deposits a film made of a material substance containing the mist on the front surface of the object (Abstract; Figs. 1-2), the deposition apparatus comprising: a mist generating section 50 that generates the mist [0029]; and a mist supplying section configured to supply (i.e. capable of supplying) the mist generated by the mist generating section to the front surface of the object (“object” is an aspect of an intended use, not a structural feature of the claimed apparatus and not given patentable weight), the mist supplying section including an inlet port (supply port 87a) connected to the mist generating section (Fig. 3; [0055-0056]; an inner wall surface (current plates 81-1 to 81-4 can each be considered an inner wall surface (Fig. 3; [0061]), defining a space into which the mist is introduced via the inlet port; and a supply port (main body slit 85a/guide channel 83a) that supplies the mist from the space to the front surface of the object, wherein the inlet port is disposed in a manner so that the mist generated by the mist generating section is capable of being sprayed onto a part of the inner wall surface (e.g. current plate 81-4) and the supply port is formed to extend in a predetermined direction and provided at a different position than the inlet port in a direction intersecting the predetermined direction h (Fig. 3; [0045-0046]).
Regarding Claim 2, WO’756 teaches that the inlet port of the mist supplying section comprises a plurality of inlet ports, the inlet port 87a comprises inlet ports from 25 and 22 (Fig. 3; [0029,0056]).
Regarding Claim 3, WO’756 teaches that the plurality of inlet ports are provided along the predetermined direction (Fig. 3).
Regarding Claim 4, WO’756 teaches that the inner wall surface includes two wall surfaces (e.g. facing each other (e.g. 80,88, or 81-3 facing 81-4), and the mist is capable of being sprayed from the inlet port least onto 81-4 (Fig. 3).
Regarding Claim 6, WO’756 teaches that in the direction intersecting the predetermined direction a width of the supply port is less than a width of the inlet port (Figs. 2, 3, 7).
Regarding Claim 7, WO’756 teaches that the mist supplying section includes a recovery section 26 capable of recovering mist that has adhered to the part of the inner wall surface and become a liquid [0058,0075].
Regarding Claim 10, WO’756 the mist supplying section is capable of being provided at a position facing the object, and capable of supplying the mist to the object from the supply port (intended use recitation, not given patentable weight for the claimed apparatus, capable of performing the recited intended use).
Regarding Claim 12, WO’756 teaches that the object holding section includes a transport section that transports the object; and the mist supplying section supplies the mist to the object being transported [0048-0050].
Regarding Claim 13, WO’756 teaches that the transport section is capable of transporting the object in the direction (generally horizontal) intersecting the predetermined direction (Fig. 2; [0050]).
Regarding Claim 16, WO’756 teaches the claimed apparatus, capable of performing the recited intended use, wherein the object is a flexible substrate. The claim recites an intended use for a flexible substrate, which is not itself a structure of the claimed apparatus itself, and the intended use is not given significant patentable weight for the claimed apparatus, capable of performing the intended use.
Regarding Claim 25, WO’756 teaches wherein at least one of the first wall surface and the second wall surface is provided such that an interval between the first wall surface and the second wall surface becomes narrower from the inlet port toward the supply port (Fig. 3). Moreover, the phrase “is reduced” recites a change of over time (not given patentable weight for the claimed apparatus) and no comparison is provided; therefore, Examiner considers the limitation to be met to the extent that the size of the space could be bigger.
Regarding Claim 32, the inlet port is directed in a manner so that a center line of the inlet port intersects a part of the inner wall surface (Fig. 3).
Regarding Claim 33, an angle formed between an extension line through a center of an ejection vector of the mist from the inlet port and the inner wall surface intersecting with the extension line for a first time forms an acute angle (Fig. 3).
Claim(s) 1-4, 6-8, 10,12,16, and 25 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nishi (WO 2020/026823A1), citing US 2021/0291222 as the English translation).
Regarding Claim 1, Nishi (WO’823) teaches a deposition apparatus capable of supplying mist to a front surface of an object P and depositing a film made of a material substance containing the mist on the front surface of the object, the deposition apparatus comprising a mist generating section 14 that generates the mist (Figs. 1,25; [0033]); and a mist supplying section configured to supply (i.e. capable of supplying) the mist generated by the mist generating section to the front surface of the object (intended use not given patentable weight; “object” not a feature of the claimed apparatus), the mist supplying section including: an inlet port 30Pa, 30Pb connected to the mist generated by the mist generating section into a space (Fig. 2; [0052]); an inner wall surface defining a space into which the mist is introduced via the inlet port; and a supply port (any combination of structures of the slit-shaped nozzle, including, including 30K2, 30J2, with slit opening 30A) that supplies the mist from the space to the front surface of the object ([0052]), wherein the inlet port is disposed in a manner so that the mist generated by the mist generating section is capable of being sprayed onto a part of the inner wall surface, and the supply port is formed to extend in a predetermined direction (e.g along any of the width, length or depth of the slot) and provided at a different position than the inlet port in a direction intersecting the predetermined direction (Figs. 1-3).
Regarding Claim 2, WO’823 teaches the inlet port of the mist supplying section comprises a plurality of inlet ports 30Pa, 30Pb (Fig. 2; [0052]).
Regarding Claim 3, WO’823 teaches the plurality of inlet ports of the mist supplying section are provided along the predetermined direction (Figs. 2,4).
Regarding Claim 4, WO’823 the mist inner wall surface, including a first wall surface (e.g. any of 30K1,30K2,30J1, 30K2, 30J2, or surface of walls between references 30K2, 30J2 in Figs. 4, 23,24) and a second wall surface that faces the first wall surface (any other of the walls 30K1,30K2,30J1, 30K2, 30J2, or surface of walls between references 30K2, 30J2 in Figs. 4, 23,24, which face a first wall surface selected from the group and which meet the condition; e.g. 30K2 faces 30J1; 30J2 faces 30K1; 30K1 faces 30J1; etc.), and at least one of the two wall surfaces is inclined relative to at least another of the wall surfaces and the mist is capable of being sprayed from the inlet port onto an inclined wall surface (Figures).
Regarding Claim 6, WO’823 teaches wherein in the direction intersecting the predetermined direction, a width of the supply port is less than a width of the inlet port (Figs. 3-4, 23-24).
Regarding Claim 7, WO’823 teaches that the mist supplying section includes a recovery section 32 and/or trapboard 30S, capable of recovering the mist that has adhered to the part of the inner wall surface and become a liquid (Fig. 1; [0037,0045,0057, 0131]).
Regarding Claim 8, WO’823 teaches that the inner wall surface has a curved surface (e.g. 30K2, 30J2) (Figs. 23-24).
Regarding Claim 10, WO’823 teaches the apparatus wherein the mist supplying section is capable of being provided at a position facing the object, and capable of supplying the mist to the object from the supply port (Figs. 1-2; [0037,0051]) (intended use recitations not given patentable weight for the claimed apparatus, capable of performing the recited functions).
Regarding Claim 12, WO’823 teaches the object holding section includes a transport section, capable of transporting the object; and the mist supplying section is capable of supplying the mist to the object being transported (Figs. 1-2; [0037,0051]).
Regarding Claim 16, the apparatus of WO’823 is capable of the claimed intended use, wherein an object is a flexible substrate. In addition, WO’823 teaches the intended use with a flexible substrate [0036].
Regarding Claim 25, WO’823 teaches at least one of the first wall surface and the second wall surface is provided such that an interval between the first wall surface and the second wall surface becomes narrower from the inlet port toward the supply port. See rejection of Claim 4 above and Figs. 4,23, and 24. However, it is not clear what is meant by “a size of the space is reduced,” which requires either a step (not given patentable weight for the claimed apparatus) or a comparison, not provided. Examiner considers the limitation to be met by the narrowing, and the size can be considered “reduced,” since it could be bigger.
Response to Arguments
Applicant’s amendment to the claims, filed 09 December 2025, with respect to the rejections of Claims 1-14 and 16 under 35 USC 112(b) have been fully considered. The rejections of Claims 1-14 and 16 under 35 USC 112(b) have been withdrawn.
Applicant’s amendment to the claims, filed 09 December 2025, with respect to the rejection of Claim 13 under 35 USC 102 as anticipated by Nishi (WO’823) has been fully considered. The rejection of Claim 13 under 35 USC 102 as anticipated by Nishi (WO’823) has been withdrawn.
Applicant's arguments, filed 09 December 2025, with respect to the rejections of 1-4, 6-7, 10,12-13, 16, 25, and 32-33 under 35 USC 102(a)(1) as anticipated by Li(WO’756) and of Claims 1-4, 6-8, 10,12,16, and 25 under 35 USC 102(a)(1) as anticipated Nishi (WO’823) by have been fully considered but they are not persuasive.
In response to Applicant’s argument that the amendment of the claims to require that the mist from the inlet port is sprayed onto the inner wall surface overcomes the previous rejections (Remarks, p. 8), the argument is not persuasive, because in WO’756m the current plates 81-1 to 81-4 can each be considered an inner wall surface and part of an inner wall surface (Fig. 3).
As regards Nishi (WO’823), although Applicant has described Nishi on p. 8 of the remarks and has suggested that the amendment overcomes WO’823, Applicant has not provided a sufficient explanation as to why the apparatus of WO’823 is not capable of performing the recited intended use.
Conclusion
No claim is allowed.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALEXANDER M WEDDLE whose telephone number is (571)270-5346. The examiner can normally be reached 9:30-6:30.
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, Michael Cleveland can be reached at 571-272-1418. 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.
ALEXANDER M WEDDLE
Examiner
Art Unit 1712
/ALEXANDER M WEDDLE/ Primary Examiner, Art Unit 1712