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
Applicant’s election without traverse of Group I, claims 1-4, in the reply filed on 05 March 2026 is acknowledged. The requirement is still deemed proper and is therefore made FINAL.
Claims 5-6 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.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 05 March 2026.
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.
Claims 1-4 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Rogojina et al. (US 2015/0364615).
Considering claim 1, Rogojina teaches a paste composition comprising Al and Sn dispersed in an organic medium (abstract). Examples are disclosed in Table 1 including Example 1 of 70 wt.% Sn and 18 wt.% Al (Paragraph 100) and the Al content is about 25.7 parts by mass per 100 parts Sn using these values (from 18/70). This falls within and anticipates the instantly claimed range. See MPEP 2131.03. The recitation of “for forming a germanium compound layer” occurs in the preamble of the claim before the transitional phase and is considered an intended use of the paste. See MPEP 2111.02 (II). As Rogojina teaches a substantially identical paste as that which is claimed the paste of Rogojina is considered capable of performing said intended use, absent an objective showing.
Considering claim 2, Example 3 of Rogojina teaches 44 wt.% Al and 40 wt.% Sn (Table 1) with a ratio of 110 parts by mass Al per 100 parts Sn (from 44/40). See MPEP 2131.03.
Considering claims 3-4, Rogojina teaches examples of ethyl cellulose with terpineol (e.g. a resin) and Example 3 has 0.6 wt.% of the ethyl cellulose to 40 wt.% Sn and 44 wt.% Al corresponding to about 0.7 parts by mass of the ethyl cellulose to the total Al and Sn content (from 0.6/88). See MPEP 2131.03.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Brenner et al. (US 2010/0059116), Jee et al. (US 2013/0104973), and Koroki et al. (US 2016/0158896) teach similar pastes as that which is claimed.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SETH DUMBRIS whose telephone number is (571)272-5105. The examiner can normally be reached M-F 6:00 AM - 3:30 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Humera Sheikh can be reached at 571-272-0604. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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SETH DUMBRIS
Primary Examiner
Art Unit 1784
/SETH DUMBRIS/Primary Examiner, Art Unit 1784
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