Prosecution Insights
Last updated: April 18, 2026
Application No. 18/456,828

FILM FORMING APPARATUS FOR FORMING METAL FILM

Non-Final OA §102§103
Filed
Aug 28, 2023
Examiner
RUFO, LOUIS J
Art Unit
1795
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Toyota Jidosha Kabushiki Kaisha
OA Round
1 (Non-Final)
54%
Grant Probability
Moderate
1-2
OA Rounds
3y 3m
To Grant
78%
With Interview

Examiner Intelligence

Grants 54% of resolved cases
54%
Career Allow Rate
378 granted / 694 resolved
-10.5% vs TC avg
Strong +24% interview lift
Without
With
+23.9%
Interview Lift
resolved cases with interview
Typical timeline
3y 3m
Avg Prosecution
62 currently pending
Career history
756
Total Applications
across all art units

Statute-Specific Performance

§101
0.6%
-39.4% vs TC avg
§103
47.6%
+7.6% vs TC avg
§102
27.4%
-12.6% vs TC avg
§112
20.4%
-19.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 694 resolved cases

Office Action

§102 §103
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. 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. Claim s 1- 4 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Sato et al (JP 2022-91406 A as provided with the IDS dated 11 July 2025 with citations drawn towards the attached translation from Espacenet ) . As to claim 1, Sato discloses a film forming apparatus for forming a metal film having a predetermined pattern on a substrate by electroplating (Fig. 1, [0003] [0058] , with a structure mask (#10 and 11 [0074] “ The insulating layer 11 can be used as a mask material in which a portion other than the through hole 11a covers the non-treated region on the surface E of the conductor layer D, and the ion conductive film 6 is brought into contact with the insulating layer 11 only on the treated region. The foil-like member 10 and the release film material 46 can function as such a mask material and also as a reinforcing material for slackening of the ion conductive film 6. ”) sandwiched between an electrolyte membrane (#6 “ion conductive film”) and a substrate (“D” in figures) , wherein: the film forming apparatus includes a pressing mechanism that presses the mask structure by the electrolyte membrane with a fluid pressure of a plating solution (#30 “pressurizing mechanism” [0094] electrolytic solution supply flow path) , the mask structure includes a screen mask in which a penetrating portion corresponding to the predetermined pattern is formed ([0074] as cited above #11) , and a frame that supports a peripheral edge of the screen mask on a side adjacent to the substrate (#39 Fig. 8) , and in the frame, an inner covering portion made of an elastic material softer than a material of the frame is formed along an opening edge contacting the electrolyte membrane (#11 [0061]). As to claims 2 and 3 , Sato further discloses an outer covering portion made of the soft elastic material along an outer peripheral edge of the frame facing the electrolyte membrane (note this feature is identified at feature 61b in the as filed specification) and wherein an opposing surface formed between the opening edge and the outer peripheral edge and facing the electrolyte membrane is covered with the soft elastic material such that the inner covering portion and the outer covering portion are continuous (note this feature is identified at feature 61c in the as filed specification) (See citation below). As to claim 4, Sato further discloses a mount base on which the substrate is placed (#9), wherein: the mount base includes a first recess for housing the substrate and a second recess for housing the mask structure while the substrate is housed in the first recess (See annotation below), and the mount base includes an edge covering portion made of the soft elastic material along an opening edge of the second recess. ([0022] “ Additionally, although not labeled, the parts shown as white circles or squares in the diagram represent major sealing components such as O-rings. ” See annotation below). 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. Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Sato in view of Higuchi (US 2018/0073160 A1) . As to claim 5, Sato further discloses wherein: the screen mask includes a mask portion including the penetrating portion and the mask portion elastically deforms by pressing of the electrolyte membrane ([0074] and See Fig. 8C). Sato fails to explicitly disclose a mesh portion in which an opening is formed in a grid pattern, and the mask portion being fixed to the mesh portion so as to face the substrate. Higuchi discloses masks used for electroplating comprising a screen mask with a mesh portion in which an opening is formed in a grid pattern (Fig. 6 and 7 #51 support layer [0090]) with a mask portion that includes a penetrating portion fixed to the mesh portion (#15 Fig. 7 “Resist mask”). It would have been obvious to one of ordinary skill in the art at the time the invention as filed to have used a mesh portion as taught by Higuchi with the mask portion with penetrating portions in Sato because it allows for a support layer that allows the electrolyte to flow therethrough and support the mask portions (Higuchi [0090]). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT LOUIS J RUFO whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (571)270-7716 . The examiner can normally be reached FILLIN "Work Schedule?" \* MERGEFORMAT Monday to Friday, 9 am to 5 pm . 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, FILLIN "SPE Name?" \* MERGEFORMAT Luan Van can be reached at FILLIN "SPE Phone?" \* MERGEFORMAT 571-272-8521 . 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. /LOUIS J RUFO/ Primary Examiner, Art Unit 1795
Read full office action

Prosecution Timeline

Aug 28, 2023
Application Filed
Apr 02, 2026
Non-Final Rejection — §102, §103 (current)

Precedent Cases

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
54%
Grant Probability
78%
With Interview (+23.9%)
3y 3m
Median Time to Grant
Low
PTA Risk
Based on 694 resolved cases by this examiner. Grant probability derived from career allow rate.

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