Continued Examination Under 37 CFR 1.114
1. 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 03/09/2026 has been entered. Claims 29, 31-41 & 43-56 remain pending in the application. Claims 30 & 42 were cancelled. Claims 41 & 43-56 remain withdrawn.
2. The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Notice of Pre-AIA or AIA Status
3. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Information Disclosure Statement
4. The information disclosure statement (IDS) submitted on 03/18/2026 is being considered by the examiner.
Claim Rejections
5. The claim rejections under AIA 35 U.S.C. 103 as unpatentable over Nishi (US 2021/0291222 A1) of claim 30 are withdrawn per cancellation of claim 30.
Claim Rejections - 35 USC § 103
6. Claims 29 & 31-38 are rejected under AIA 35 U.S.C. 103 as being unpatentable over Nishi (US 2021/0291222 A1) hereinafter Nishi.
Regarding claim 29, in one embodiment, Nishi teaches a film-forming apparatus that heat-treats a raw material solution atomized into a mist to perform film-formation on a substrate, the film-forming apparatus comprising:
a mist part 14 that generates a mist by atomizing the raw material solution into a mist (para 0037; see for example Fig. 1);
a pipe 17 (carrier gas supplier) that supplies a carrier gas to carry the mist generated in the mist part 14 (para 0041; see for example Fig. 1);
a film-forming part (see for example Figs. 1-2 and 11) inside which a belt 5c (placement part) on which the substrate P is placed is provided (para 0051), and in which the mist carried by the carrier gas is suppled onto the substrate P (para 0037, 0051); and
a mist recovering section 32 (exhaust part) that exhausts an exhaust gas from the film-forming part (para 0037; see for example Figs. 2 and 11), the film-forming apparatus further comprising:
a mist spouting section 30 (nozzle) that supplies the mist onto the substrate P (para 0037, 0045-0047; see for example Figs. 2 and 11);
a guiding member 31 (top plate) that rectifies the mist supplied from the mist spouting section 30 (nozzle) (para 0052; see for example Figs. 2 and 11);
wherein the spouting section 30 (nozzle) and the member 31 (top plate) are provided vertically above the belt 5c placement part (see for example Figs. 1-2 and 11);
a table 5D (hot plate) (para 0052; see for example Figs. 2 and 11); and
a film-forming chamber 40 enclosing (see for example Fig. 1) the film-forming part (see for example Fig. 1-2 and 11), and the mist recovering section 32 (exhaust part) is provided on a side wall (top side wall, see for example Fig. 1) of the film-forming chamber 40 (para 0037, 0046-0048).
In the embodiment above, Nishi does not explicitly teach the table 5D (hot plate) heats the substrate P (i.e., the substrate P located inside the film-forming apparatus).
However, in a different embodiment, Nishi further teaches combining actuators 5S with table 5D (plate) such that table 5D (plate) heats substrate P along with belt 5C, for the benefit of drying (para 0096, 0149; see for example Figs. 16, 17, and 26). Thus, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the table 5D (plate) to perform heating of the substrate P, as taught by Nishi, for the benefit of drying.
Regarding claim 31, Nishi further shows that the member 31 (top plate) is provided in contact with a side surface of the spouting section 30 (nozzle) (see for example Figs. 1-2 and 11).
Regarding claim 32, Nishi further shows that member 31 (top plate) is provided in the same plane as an opening surface of the spouting section 31 (nozzle) (see for example Figs. 1-2 and 11).
Regarding claim 33, Nishi further shows that member 31 (top plate) is provided such that a bottom surface of the member 31 (top plate) is parallel to a surface on which the substrate P is placed of the belt 5c (placement part) (see for example Fig. 11).
Regarding claim 34, Nishi further teaches that the member 31 (top plate) is provided such that a difference Zg in height position between a bottom surface of the member 31 (top plate) and a surface on which the substrate P is placed of the belt 5c (placement part) is 0.15 cm or more and 6.05 cm or less (para 0082; see for example Fig. 11).
Regarding claim 35, Nishi further shows that the spouting section 30 (nozzle) is provided such that a difference (i.e., corresponding to Zg; see for example Fig. 11) in
height position between an opening surface of the section 30 (nozzle) and the substrate P placed on the belt 5c (placement part) is 0.1 cm or more and 6.0 cm or less (para 0082).
Regarding claims 36 and 37, Nishi further teaches that sheet substrate P does not necessarily need to be long, and may be a sheet substrate with standardized long- side and short-side dimensions such as A4 size, A3 size, B4 size, and B3 size, or a sheet substrate with a non-standard size (para 0036).
Nishi does not explicitly teach that an area of a bottom surface of the member 31 (top plate) is B [cm²], B≥40, wherein when an area of the substrate P is A [cm²] and B/A≥0.5.
However, the discovery of an optimum value of a known result effective variable, without producing any new or unexpected results, is within the ambit of a person of ordinary skill in the art. See In re Boesch, 205 USPQ 215 (CCPA 1980) (see MPEP § 2144.05, II.). Thus, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the sizes of member 31 31 (top plate) and substrate P to meet the claimed dimensions such that B≥40 and B/A≥0.5, as taught by Nishi, for the benefit of optimizing contact time with the carrier gas (Nishi: para 0066).
Regarding claim 38, Nishi further teaches rollers 5A,B (moving mechanism) that moves the substrate P below the section 30 (nozzle) (para 0051; see for example Fig. 2).
7. Claims 39 and 40 are rejected under AIA 35 U.S.C. 103 as being unpatentable over Nishi (US 2021/0291222 A1) hereinafter Nishi as applied to claim 29 above, and in further view of Nara et al. (US 2018/0066361 A1) hereinafter Nara.
Regarding claims 39 and 40, Nishi does not explicitly teach that the raw solution contains gallium or a halogen.
However, Nara teaches a raw solution that contains gallium or chlorine (i.e., zinc chloride--a halogen) based on suitability of the material to be deposited (para 0047). The selection of a known material, which is based upon its suitability for the intended use, is within the ambit of one of ordinary skill in the art. See In re Leshin, 125 USPQ 416 (CCPA 1960) (see MPEP § 2144.07). Thus, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention for the tank in Nishi to contain gallium or a halogen, as taught by Nara, based on suitability of the material to be deposited.
Response to Arguments
8. Applicant's arguments filed 03/09/2026 have been fully considered but they are not persuasive.
Applicant’s principal arguments are:
(a) Applicant respectfully submits that Nishi does not suggest or imply this vertical arrangement of the nozzle and top plate in conjunction with the claimed exhaust port which is provided on a side wall of the film-forming chamber, nor would it have offered a person of ordinary skill in the art any reason to predict that the claimed arrangement of features would produce such a smooth and uniform gas flow, in turn resulting in the formation of a film with excellent uniformity.
(b) For at least these reasons, Applicant respectfully submits that neither Nishi nor Nara, either individually or in combination, support a rejection under 35 U.S.C. §103.
9. In response to applicant’s arguments, please consider the following comments.
(a) As already discussed above in detail in regards to claim 29 and as clearly seen in Figs. 1-2 and 11, Nishi discloses wherein the spouting section 30 (nozzle) and the member 31 (top plate) are provided vertically above the belt 5c placement part (see for example Figs. 1-2 and 11); and a film-forming chamber 40 enclosing (see for example Fig. 1) the film-forming part (see for example Fig. 1-2 and 11), and the mist recovering section 32 (exhaust part) is provided on a side wall (top side wall, see for example Fig. 1) of the film-forming chamber 40 (para 0037, 0046-0048).
(b) In view of the foregoing, Examiner respectfully contends the limitations of claim 29 are indeed satisfied. Claims 31-40 are rejected at least based on their dependency from claim 29, as well as for their own rejections on the merits, respectively.
Conclusion
10. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: all references cited on the attached PTO-892 Notice of References Cited excluding the above relied upon references.
11. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jethro M Pence whose telephone number is (571)270-7423. The examiner can normally be reached M-TH 8:00 A.M. - 6:30 P.M..
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/Jethro M. Pence/
Primary Examiner
Art Unit 1717
Prosecution Insights