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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Election/Restrictions
Applicant’s election without traverse of Group I claims 1-10 in the reply filed on 31 July 2026 is acknowledged.
Claims 11-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected group, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 31 July 2026.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-10 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, because the specification, while being enabling for electrochemical deposition of the release layer from a particular electrolyte as disclosed in [0058], does not reasonably provide enablement for the generic step of “forming”. The specification does not enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the invention commensurate in scope with these claims.
Addressing now the "Wands" factors (MPEP 2164.01 (a)).
(A) The breadth of the claims:
The claims are drawn towards a method of producing an ultra-thin copper foil with generic “forming” method steps to provide a specific release layer with a copper nitrogen bond.
(B) The nature of the invention:
The nature of the invention is drawn towards forming a release layer in order to control the peeling strength via controlling the non-uniform thickness of a release layer.
(C) The state of the prior art:
The most relevant prior art is deemed as follows:
Yang et al (US 2026/0192551 A1) discloses forming an organic release layer with a solution of carboxy benzotriazole, copper, and sulfuric acid via dipping ([0063]).
Hanata et al (CN107002265A) discloses forming a peeling layer from a solution of carboxy benzotriazole, sulfuric acid, and copper adsorbed onto a surface of a carrier foil ([0067]).
Atushi et al (JP2001-140090 A) discloses forming an interface layer comprising an organic agent and metal particles (Abstract).
(D) The level of one of ordinary skill:
One of ordinary skill in the art would have an understanding of ultra-thin copper foil formation methods and common materials used in release layers to separate a copper foil from the carrier.
(E) The level of predictability in the art:
There does not appear to be any predictability of the incorporation of nitrogen bonded to copper in a release layer.
(F) and (G) The amount of direction provided by the inventor and the existence of working examples:
The working examples only provide a singular deposition method in order to form the specified release layer which comprises a C-N bond. The specification provides direction to perform an electrochemical deposition from an electrolyte comprising a nitrogen-containing heterocyclic compound, copper metal salt, and buffering agent. The working examples show a correlation between the concentration of the nitrogen compound and the peeling strength, with more nitrogen compound leading to lower peeling strength.
The working examples also only provide evidence when using benzotriazole and no other nitrogen containing compound is used within the electroplating solution to deposit the release layer. There is no predictability when exchanging one compound for another the ability of that compound to be electrodeposited to form the layer that results in a Cu-N bond.
(H) The quantity of experimentation needed to make or use the invention based on the content of the disclosure:
A quantity of experimentation cannot be adequately determined based on the multitude of different nitrogen compounds used within electroplating baths and the formation of different layers which can function as the claimed release layer.
Conclusion
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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