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 .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: 53A. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 5 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
In claim 5, the limitation “a distance between the facing surface and the film-forming surface” is indefinite because it is unclear whether this limitation is intended to refer to the same distance as claim 4 or a different distance.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kyocera (JP H0472324 U, see included translation for citations).
Regarding claim 1, Kyocera (JP H0472324 U) teaches a device for sputtering a multilayer optical recording medium comprising a Si3N4 based film and Gd-Dy-Fe film and including a perimeter (outer) mask 20 that is capable of covering an outer periphery of the substrate 2 without coming into contact with the film forming surface of an intermediate layer (Translation pg. 1-2; Fig. 1, 4). Alternatively, the substrate may have a 100 nm, or 0.1 micrometer, thick (intermediate) layer of Si3N4 based film and a distance between the substrate and the outer mask of 0.2 to 0.6 mm, or 200 to 600 micrometers, resulting in a sizable gap between the outer mask and the intermediate layer (without coming into contact with the film forming surface) (Translation pg. 1-2, original pg. 6; Fig. 1).
Regarding claim 2, Kyocera teaches the device comprises an inner circumference mask 10 configured to cover an inner periphery of the substrate 2 that may include an intermediate layer of Si3N4 based film (capable of covering an inner periphery of the film forming surface) and a convex portion located inside of a gate slot 4 on an inner periphery of the substrate is at least capable of being pressed by the inner mask adhesion part 14 without the inner mask coming into contact with the film forming surface in a region outside the convex portion (Translation pg. 1-2; Fig. 1-3).
Regarding claim 3, Kyocera teaches the inner circumference mask 10 surface (portion in contact with the convex portion) has a taper at the outer edge of the dropping part 16 (Fig. 1-2). Alternatively, Kyocera teaches a taper on an outer edge of the dropping part 16 (portion), which is in indirect contact with the convex portion of the substrate through the rest of the inner mask 10 (Fig. 1-2).
Regarding claim 4, Kyocera teaches the outer mask 20 has a facing surface that faces the substrate 2 and thus film forming surface of the intermediate layer and the outer mask is capable of being set such that the crevice/distance (l) between the facing surface and substrate is 0.2 to 0.6 mm, or 200 to 600 micrometers (Translation pg. 2; Fig. 1, 4), thus making the outer mask inherently capable of having/setting a distance between the facing surface and the film forming surface of the intermediate Si3N4 based film layer within the claimed range of 50 to 400 micrometers.
Regarding claim 5, Kyocera teaches the outer mask 20 has a facing surface that faces the substrate 2 and thus film forming surface of the intermediate layer and the outer mask is capable of being set such that the crevice/distance (l) between the facing surface and substrate is 0.2 to 0.6 mm, or 200 to 600 micrometers (Translation pg. 2; Fig. 1, 4), thus making the outer mask inherently capable of having/setting a distance between the facing surface and the film forming surface of the intermediate Si3N4 based film layer within the claimed range of 150 to 400 micrometers.
Regarding claim 6, Kyocera (JP H0472324 U) teaches a device for sputtering a multilayer optical recording medium comprising a Si3N4 based film and Gd-Dy-Fe film and including an inner circumference mask 10 configured to be capable of covering an inner periphery of a substrate 2 and/or a film forming surface of an intermediate layer and a convex portion located inside of a gate slot 4 on the inner periphery of the substrate is at least capable of being pressed by the inner mask adhesion part 14 without the inner mask coming into contact with the film forming surface of the intermediate layer in a region outside the convex portion (Translation pg. 1-2; Fig. 1-2).
Regarding claim 7, Kyocera (JP H0472324 U) teaches forming a multilayer optical recording medium comprising a Si3N4 based film and Gd-Dy-Fe film comprising forming a Gd-Dy-Fe film (inorganic layer) on a film forming surface of a Si3N4 based film (intermediate layer) by sputtering while covering an outer periphery of the substrate 2 and the film forming surface of Si3N4 based film with a peripheral (outer) mask 20 such that the outer mask does not come into contact with the film forming surface because the distance between the substrate and the outer mask is 0.2 to 0.6 mm, or 200 to 600 micrometers, and the thickness of the intermediate Si3N4 based film is 100 nm, or 0.1 micrometer, resulting in a significant gap between the film forming surface of the intermediate layer and the outer mask (Translation pg. 1-2, original pg. 6; Fig. 1, 4).
Regarding claim 8, Kyocera teaches the inorganic layer is formed while an inner periphery of the substrate 2 having the film forming surface is covered with an inner circumference mask 10 and a convex portion located inside of a gate slot 4 on the inner periphery of the substrate is pressed by the inner mask adhesion part 14 without coming into contact with the film forming surface of the intermediate layer in a region outside the convex portion because the inner mask 10 and outer mask 20 have about the same height/distance (I) from the substrate (Translation pg. 1-2; Fig. 1-3).
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.
Claim(s) 3 is rejected under 35 U.S.C. 103 as being unpatentable over Kyocera (JP H0472324 U, see included translation for citations), as applied to claim 2 above, and further in view of Takasaki (EP 1293975 A1).
Regarding claim 3, Kyocera fails to explicitly teach the inner mask has a taper on a portion in contact with the convex portion. However, Takasaki (EP 1293975 A1), in the analogous art of sputtering optical recording media with an inner and outer mask, teaches an inside mask 30 having a bevel 33 (taper) around the edge of the main body in contact with the substrate such that contact between the edge of the main body 31 of the inner mask and the substrate 11 is avoided (para 0049-0050; Fig. 3, 5). Kyocera teaches the dropping part 16 at the edge of the inner circumference mask 10 is separated from the substrate 2 (Translation pg. 2; Fig. 1-2). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to substitute the shape of the dropping part of the Kyocera inner mask with the bevel/taper shape of Takasaki because this is a substitution of known elements yielding predictable results. See MPEP 2143(I)(B). As a result, the combination of Kyocera and Takasaki includes a lower surface (portion) of the inner mask that both contacts the inner periphery of the substrate surface (in contact with the convex portion) and has a taper/bevel.
Claim(s) 4-5 are rejected under 35 U.S.C. 103 as being unpatentable over Kyocera (JP H0472324 U, see included translation for citations), as applied to claim 1 above.
Regarding claim 4, Kyocera teaches the outer mask 20 has a facing surface that faces the substrate 2 and thus film forming surface of the intermediate layer and the outer mask is capable of being set such that the crevice/distance (l) between the facing surface and substrate is 0.2 to 0.6 mm, or 200 to 600 micrometers, where the intermediate Si3N4 based film may have a thickness of 100 nm, or 0.1 micrometers, resulting in a substrate to facing surface distance approximately equal to the facing surface to film forming surface distance (Translation pg. 2, original pg. 6; Fig. 1, 4).
Though Kyocera fails to explicitly teach the facing surface to film forming surface distance is in a range of 50 to 400 micrometers, one would have expected the use of any value within the Kyocera range to have yielded similar results. Absent any showing of criticality, it would be obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have used any values within 200 to 600 micrometers, including values within the claimed range, with a reasonable expectation of success and with predictable results. Please see MPEP 2144.05 (I) for further details.
Regarding claim 5, Kyocera teaches the outer mask 20 has a facing surface that faces the substrate 2 and thus film forming surface of the intermediate layer and the outer mask is capable of being set such that the crevice/distance (l) between the facing surface and substrate is 0.2 to 0.6 mm, or 200 to 600 micrometers, where the intermediate Si3N4 based film may have a thickness of 100 nm, or 0.1 micrometers, resulting in a substrate to facing surface distance approximately equal to the facing surface to film forming surface distance (Translation pg. 2, original pg. 6; Fig. 1, 4).
Though Kyocera fails to explicitly teach the facing surface to film forming surface distance is in a range of 150 to 400 micrometers, one would have expected the use of any value within the Kyocera range to have yielded similar results. Absent any showing of criticality, it would be obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have used any values within 200 to 600 micrometers, including values within the claimed range, with a reasonable expectation of success and with predictable results. Please see MPEP 2144.05 (I) for further details.
Claim(s) 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over Kyocera (JP H0472324 U, see included translation for citations) in view of Takasaki (EP 1293975 A1).
Regarding claim 7, Kyocera (JP H0472324 U) teaches forming a multilayer optical recording medium comprising a Si3N4 based film and Gd-Dy-Fe film comprising forming a Gd-Dy-Fe film (inorganic layer) on a film forming surface of a Si3N4 based film (intermediate layer) by sputtering while covering an outer periphery of the substrate 2 (film forming surface) with a peripheral (outer) mask 20 such that the outer mask does not come into contact with the film forming surface of the intermediate layer because the distance between the substrate and the outer mask is 0.2 to 0.6 mm, or 200 to 600 micrometers, and the thickness of the intermediate Si3N4 based film is 100 nm, or 0.1 micrometer, resulting in a significant gap between the film forming surface of the intermediate layer and the outer mask (Translation pg. 1-2, original pg. 6; Fig. 1, 4).
Alternatively, Kyocera fails to explicitly teach forming an inorganic layer on a film forming surface of an intermediate layer. However, Takasaki (EP 1293975 A1), in the analogous art of sputtering optical recording media with an inner and outer mask, teaches an optical recording media 10 including a polycarbonate substrate 11, a reflective layer 12 of silver (intermediate layer) and a dielectric layer 13 of Al2O3 (inorganic layer) sputtered atop the reflective/intermediate layer, where the reflective layer has a thickness of 50 to 200 nm (para 0021-0022, 0025-0027, 0037; Fig. 1). Kyocera teaches forming an optical recording medium on a polycarbonate substrate (pg. 1-2). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to substitute the layer stack deposited by Kyocera with the layer stack deposited by Takasaki because this is a substitution of known elements yielding predictable results. See MPEP 2143(I)(B). As a result, the outer mask would be out of contact with the film forming surface of the reflective/intermediate layer because the distance between the outer mask and the substrate is 200 to 600 micrometers (Kyocera Translation pg. 2) and the thickness of the intermediate layer is only 50 to 200 nm, or 0.05 to 0.2 micrometers (Takasaki para 0037).
Regarding claim 8, the combination of Kyocera and Takasaki teaches the inorganic layer is formed while an inner periphery of the substrate 2 and intermediate layer film forming surface is covered with an inner circumference mask 10 and a convex portion located inside of a gate slot 4 on an inner periphery of the substrate is pressed by the inner mask adhesion part 14 without coming into contact with the film forming surface of the intermediate layer in a region outside the convex portion because the inner mask 10 and outer mask 20 have about the same height/distance (I) from the substrate (Kyocera Translation pg. 1-2; Fig. 1-3).
Conclusion
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/PATRICK S OTT/Examiner, Art Unit 1794