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 .
Status of Amendment
The amendment filed on 1 July 2026 fails to place the application in condition for allowance.
Claims 1-9 are currently pending and under examination.
Status of Rejections
The rejection of claims 1-7 under 35 U.S.C. 102(a)(1) over Wang are herein maintained.
The rejection of claims 8-9 under 35 U.S.C. 102(a)(1) over Wang are herein withdrawn in response to Applicant amendment filed 1 July 2026.
Response to Arguments
Applicant's arguments filed 1 July 2026 have been fully considered but they are not persuasive.
Applicant presents arguments drawn towards the as amended claim limitations that recite the second resistance member is disposed on the holder side relative the first resistance member and movable or rotatable with respect to the first resistance member. The recitation in question is drawn towards the how the resistor is used and does not add structural differentiation as such. In other words, the resistor as claimed satisfies the structural features of the claims and where the use as claimed does not impart a structural differentiation of the claimed resistors structure with respect to instant claim 1.
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 1-7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wang et al (US 2017/0152607 A1).
As to claim 1, Wang discloses a resistor for a plating apparatus, for adjusting an electric field ([0017] “high resistance virtual anode (HRVA)” throughout specification with layers 100 and 200), the resistor being disposed between an anode and a holder holding a target object to be plated in the plating apparatus (Fig. 6 resistor with layers 100/200 between target holder 300 and target object 300a and anode 500), the resistor comprising:
a first resistance member having a first surface and including a plurality of first through holes formed open on the first surface (Fig. 2 #200 with holes 210 and the second surface deemed to be the bottom of surface) and
a second resistance member having a second surface and including a plurality of second through holes formed open on the second surface (Figs. 1, 3a/b, 4 #100 with through holes #110 and a first surface is deemed to be the top surface),
wherein the first resistance member and the second resistance member are arranged with the first surface and the second surface facing each other (See Fig. 3B with bottom surface of 200 facing top surface of 100), and a size of overlap between the plurality of first through holes and the plurality of second through holes is variable ([0017] “The first layer and the second layer respectively have first holes and second holes, and the first layer and/or the second layer can be rotated to adjust through hole size. In other words, the high resistance virtual anode including the first layer and the second layer has a pepper pot-like structure to adjust the through hole size.”).
The limitation “wherein the second resistance member is disposed on the holder side relative to the first resistance member and is movable or rotatable with respect to the first resistance member” further limits such intended use of resistor and does not further limit the structure. (See MPEP 2114 II)
As to claim 2, Wang discloses wherein wherein one of the first resistance member and the second resistance member is configured to be movable or rotatable with respect to the other along the first surface or the second surface ([0019]).
As to claims 3-5, Wang discloses wherein the second resistance member is disposed to cover a part of a side surface of the first resistance member on a side on which the second resistance member is disposed (second resistance member #106b on the periphery of 1st resistance member 200) and wherein third through holes are formed in a third surface of the side surface of the first resistance member the third surface being not covered with the second resistance member (middle area of 200 commensurate with portion 100a when second resistance member is defined as portion 106b – in other words, the second resistance member 100 is formed of plural sections nested within each other – thus providing different resistance members in line with 200 satisfying the instant claim limitations),and wherein in the first resistance member, the first surface is formed on an outer peripheral side of the third surface (See annotation below).
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As to claim 6, Wang discloses wherein the first resistance member includes a first portion having a first outer diameter and a second portion having a second outer diameter smaller than the first outer diameter, the first surface is formed on the first portion, and the third surface is formed on the second portion (See annotation below).
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As to claim 7, Wang further discloses a plurality of second resistance members arranged to face the first surface of the first resistance member. (#s 102b/104b/106b which are independently rotatable each other thus deemed to be a plurality of second resistance member ([0020], [0024] “the rotatable central portion 100a of the first layer 100 and the rotatable peripheral portion 100b (e.g., the rotatable ring-shaped portions 102b, 104b, 106b) can be independently rotated.”)
Claim Rejections - 35 USC § 103
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:
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 8 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Edelstein (US 6,106,687) in view of Bonkass et al (US 6,974530 B2).
As to claims 8 and 9, Edelstein discloses A plating apparatus comprising: a plating tank (“cell” col. 4 line 32) , an anode disposed in the plating tank (#18), a target object to be plated (#20), and the resistor for the plating apparatus according to claim 1 (#s 10/12) comprising the resistor comprising:
a first resistance member having a first surface and including a plurality of first through holes formed open on the first surface (Fig. 1 #10 with holes 14) and
a second resistance member having a second surface and including a plurality of second through holes formed open on the second surface (Fig. 1 #12 with through holes #16),
wherein the first resistance member and the second resistance member are arranged with the first surface and the second surface facing each other (See Fig. 2/3), and a size of overlap between the plurality of first through holes and the plurality of second through holes is variable (Fig. 3a-3c col. 3 lines 24-39).
wherein the second resistance member is disposed on the holder side relative to the first resistance member and is movable or rotatable with respect to the first resistance member (col. 4 lines 53-55 which further satisfies the limitations of instant claim 9 of “a drive mechanism that moves or rotates one of the first resistance member and the second resistance member with respect to the other”).
Edelstein fails to explicitly disclose a holder for holding a target object.
Bonkass discloses a holder for holding a target object (#108 Fig. 1 col. 1 line 61).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to have used a holder as taught by Bonkass with the substrate of Edelstein in order to support the substrate in the holder relative the anode to conduct the plating process (col. 1 lines 59-65).
Conclusion
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 LOUIS J RUFO whose telephone number is (571)270-7716. The examiner can normally be reached Monday to Friday, 9 am to 5 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Luan Van can be reached at 571-272-8521. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LOUIS J RUFO/Primary Examiner, Art Unit 1795
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