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 .
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed. The following title is suggested:
--Method of Manufacturing Structure Having A Metal Layer Including Electrode And Anodized Segments Through The Use Of Patterned Photoresist--
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claims 1-22 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-3 and 6-22 of copending Application No. 18/530,237 in view of Matsushita et al. (U.S. Pub. 2004/0134878), hereinafter Matushita.
Regarding Claim 1, claim 1 of copending Application No. 18/530,237 teaches all the limitations of Claim 1, but does not teach:
-reflowing the top patterned photoresist after the anodizing and before the etching
Matsushita teaches a method of manufacturing a semiconductor device (‘TFT panel in a LCD device’, Figs. 7A-7E, Paragraphs [0058]-[0068]), comprising:
- reflowing the top patterned photoresist ((52)/(53); Figs. 7C and 7D, Paragraph [0062]) on top of a top metal layer ((24)/(25); Fig. 7C/7D, Paragraph [0031]) before etching (Paragraph [0062])
Notably, as incorporated as a teaching, this would necessarily be after anodizing.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teachings of Matsushita into the method of Claim 1 of copending Application No. 18/530,237 such that it includes reflowing the top patterned photoresist after the anodizing and before the etching. This would be due to the fact that doing so would provide protection from etching (Matsushita, Paragraph [0062]). In the case of copending Application No. 18/530,237, this would be to ensure no etching occurs between the anodized segment and the top metal layer.
Regarding Claim 2, claim 2 of copending Application No. 18/530,237 recites the same limitations.
Regarding Claim 3, claim 3 of copending Application No. 18/530,237 recites the same limitations.
Regarding Claim 4, claim 3 (dependent on claim 1 as modified by the teachings of Matsushita) of copending Application No. 18/530,237 teaches:
-the reflowing the top patterned photoresist is performed (Matushita. (52)/(53); Figs. 7C and 7D, Paragraph [0062]) after the removing the first mask portion (e.g. the portion of (51) over (34); Fig. 7B, Paragraphs [0053] and [0059])
Regarding Claim 5, claim 3 (dependent on claim 1 as modified by the teachings of Matsushita) of copending Application No. 18/530,237 does not explicitly teach:
-reflowing the top patterned photoresist is performed before the removing the first mask portion.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of claim 3 (dependent on claim 1 as initially modified by the teachings of Matsushita) of copending Application No. 18/530,237 such that reflowing the top patterned photoresist is performed before the removing the first mask portion. This would be due to the fact that doing so would produce the predictable result of ensure no etching occurs between the anodized segment and the top metal layer.
Regarding Claims 6-22, claims 6-22 of copending Application No. 18/530,237 recite the same limitations, each with the same claim number (i.e. claim 7 of the instant application corresponds to claim 7 of the copending application).
This is a provisional nonstatutory double patenting rejection.
Allowable Subject Matter
Claims 1-22 would be allowable if Applicant overcomes the provisional nonstatutory double patenting rejection set forth in this Office action.
Regarding Claim 1, the best prior art of record does not teach or fairly suggest, along with the other claimed features, which are necessary in informing the methodology, a method comprising:
-forming a top patterned photoresist on the top metal layer to expose a portion of a top surface of the top metal layer, wherein
- the top patterned photoresist has a first mask portion and a second mask portion thicker than the first mask portion;
- anodizing the top metal layer through the top patterned photoresist to form an anodized segment;
-etching the top metal layer through the top patterned photoresist after the removing the first mask portion to form a top metal pattern;
Regarding Claims 2-22, the claims are allowable based on their dependence on Claim 1.
Closest prior art references found during examination are listed below
U.S. Pub. 2008/0093744 U.S. Pub. 2014/0199806 U.S. Pub. 2015/0279976
These references disclose similar methods of manufacturing a structure having an electrode and an anodized part but fails to disclose all claimed limitations.
In regards to U.S. Pub. 2008/0093744, a method of anodization utilizing photoresist covering (Figs. 1-4; Paragraphs [0022], [0023], and [0037]) is disclosed, but fails to disclose first and second mask portions wherein the second mask portion thicker than the first mask portion and subsequent limitations.
In regards to U.S. Pub. 2014/0199806, a method of anodization ((1875); Figs. 20 and 21, Paragraph [0170]) utilizing photoresist cover ((1867); Figs. 20 and 21, Paragraph [0169]), with reflowing the patterned photoresist after the anodizing (Paragraph [0171]) is disclosed. However, no following etching step is disclosed, and given the structure of the solar cell, there is no motivation to incorporate etching the top metal layer through the top patterned photoresist after the removing the first mask portion to form a top metal pattern.
In regards to U.S. Pub. 2015/0279976, a method (Fig. 10) of anodization ((205); Fig. 10, and (135); Fig. 6, Paragraph [0022]) utilizing photoresist cover ((PR); Figs. 5 and 6, Paragraphs [0021] and [0022]) is disclosed, but the process is carried out following etching of a metal layer, and further limitations regarding the photoresist layer.
Conclusion
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/D.M./Examiner, Art Unit 2812
/DAVIENNE N MONBLEAU/Supervisory Patent Examiner, Art Unit 2812