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 .
The Applicant's amendment filed on April 22, 2026 was received. Claims 1-2 and 20 were amended. No claim was added. No claim was canceled. Claim 19 was withdrawn.
The text of those sections of Title 35. U.S.C. code not included in this action can be found in the prior Office Action Issued November 22, 2026.
Claim Rejections - 35 USC § 103
The claim rejections under 35 U.S.C. 103 as being unpatentable over Finley1 (US20050258030) in view of Minami (JP3616128B2) on claims 1-8, 10-12 and 15-17 and 20 are withdrawn, because the claims have been amended.
The claim rejections under 35 U.S.C. 103 as being unpatentable over Finley1 (US20050258030) in view of Minami (JP3616128B2) as applied to claims 1-8, 10-12 and 15-17 and 20, and further in view of Brochot (US20060257670), on claims 9, 14 and 18 are withdrawn, because the claims have been amended.
The claim rejection under 35 U.S.C. 103 as being unpatentable over Finley1 (US20050258030) in view of Minami (JP3616128B2) as applied to claims 1-8, 10-12 and 15-17 and 20, and further in view of Finley2 (US4898790), on claims 13 is withdrawn, because the claims has been amended.
Claims 1-8, 10-12 and 15-17 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Finley1 (US20050258030) in view of โบดูแอง (TH-2101002328-A, hereafter, ‘238).
Regarding claim 1, Finley1 teaches a method of forming coating layers in a coating stack by sputtering (abstract), wherein the stack is a Low-E coating stack having an overlaying protective coasting to protect the infrared reflective layer (paragraphs 0012, 0018 and 0020) (a method of making a coated article). Finley1 teaches to form the coating stacks on a glass substrate (forming a functional coating over at least a portion of the first surface of the second surface) (paragraphs 0072, 0165-0168). Finley1 teaches to form all the layers by sputtering, wherein the sputtering is conducted in a chamber (paragraph 0168). While Finley1 does not explicitly teaches the layers are formed in different chambers, Finley1 teaches the substrate is being conveyed during through the coating process (paragraphs 0079 and 0104), and different targets and atmosphere are required for each layers (paragraphs 0168), thus it would be obvious to one of ordinary skill in the art to use different chambers for each layers (and moving the substrate from one chamber to the other), especially the results of forming all the layers on the stacks can both be achieved by using one chambers or multiple chambers. In addition, it is obvious to choose from a finite number of identified, predictable solutions, with a reasonable expectation of success (MPEP 2143 I. E.). In this case, there is only two possible solutions: using one chambers or multiple chambers; all of the scenarios result in the same solution of achieving the goal of forming the coating stack. Thus, it would be obvious to one of ordinary skill in the art before the effectively filing date to form each layer in an individual chamber in light of the teaching of Finley1, especially Finley1 teaches different targets and atmosphere are required for each layer (paragraphs 0168). Thus, Finley teaches to position the substate in the first chamber comprising a first atmosphere to form the zinc stannate (first layer) on the substrate (glass substrate) (paragraphs 0167-0168), wherein the atmosphere is 50% and 50% mix of argon and oxygen (paragraph 0168) (greater than 0 vol% O2 to less than or equal to 80 vol% O2, wherein a remainder of the first atmosphere is argon). Finley1 teaches to move the substrate to the second chamber comprising a second atmosphere of 100% argon to form an Al-Ti (seed layer) on the first layer (paragraphs 0167-0168). Finley1 teaches to move the substrate to the third chamber comprising a third atmosphere of 100% argon to form a silver layer (metallic layer) on the seed layer (paragraphs 0167-0168). Finley1 teaches to move the substrate into a fourth chamber comprising a fourth atmosphere of 100% argon to form an Al-Ti (primer layer) on the metallic layer (paragraphs 0167-0168). Finley1 teaches to move the substrate to the fifth chamber comprising a fifth atmosphere comprising 50% and 50% mix of argon and oxygen to form a second zinc stannate (second layer) on the primer layer (paragraphs 0167- 0168) (greater than 0 vol% O2 to less than or equal to 80 vol% O2, wherein a reminder of the fifth atmosphere is argon). Finley1 further teaches the Ti-Al coatings (seed layer and primer layer) can be sputtered with mixture of inert gas (argon), nitrogen and oxygen to provide oxygen and nitrogen components in the coatings to improved hardness and chemical resistant (paragraphs 0022-0024). Therefore, it would have been within the skill of the ordinary artisan to adjust and optimize the oxygen and nitrogen component in the process to yield the desired level of hardness or chemical resistant of the resulting seed layer and primer layer. Discovery of optimum value of result effective variable in known process is ordinarily within skill of art. In re Boesch, CCPA 1980, 617 F. 2d 272, 205 USPQ215.
Finley 1 does not explicitly teach the silver layer (metallic layer) is formed in the mixture of argon, nitrogen and oxygen as claimed. However, ‘238 teaches a method of forming a solar control stack by coating multiple layers, including silver layer, on a glass sheet (abstract). ‘238 teaches the silver is formed by sputtering in a 100% argon atmosphere or may contain a small amount of nitrogen or oxygen, unintentionally (English translation, page 3 first paragraph). Since the claimed amount of the nitrogen and oxygen can be as low as near 0 vol%, unintentional trace amount of nitrogen and oxygen are considered to read on the claimed limitations. While Finley1 intended for the sputtering for silver layer to be around 100% vol, trace amount of nitrogen and oxygen from air can be reasonably expected. Thus, pure argon and argon with trance amount of oxygen and nitrogen in sputtering silver layer are considered as functionally equivalent atmosphere as evidenced by ‘238. Therefore, it would have been obvious to one of ordinary skill in the art to substitute argon with trance amount of nitrogen and oxygen for pure argon as the sputtering atmosphere for silver in the method as disclosed by Finley1.
Regarding claim 2, Finley1 teaches the seed layer, metallic layer and the primer layer are deposited in an atmosphere at 100% argon. Finley1 further teaches the Ti-Al coatings (seed layer and primer layer) can be sputtered with mixture of inert gas (argon), nitrogen and oxygen to provide oxygen and nitrogen components in the coatings to improved hardness and chemical resistant (paragraphs 0022-0024). Therefore, it would have been within the skill of the ordinary artisan to adjust and optimize the oxygen and nitrogen component in the process to yield the desired level of hardness or chemical resistant of the resulting seed layer and primer layer. Discovery of optimum value of result effective variable in known process is ordinarily within skill of art. In re Boesch, CCPA 1980, 617 F. 2d 272, 205 USPQ215.
‘238 teaches the silver is formed by sputtering in a 100% argon atmosphere or may contain a small amount of nitrogen or oxygen, unintentionally (English translation, page 3 first paragraph). Since the claimed amount of the nitrogen and oxygen can be as low as near 0 vol%, unintentional trace amount of nitrogen and oxygen are considered to read on the claimed limitations. While Finley1 intended for the sputtering for silver layer to be around 100% vol, trace amount of nitrogen and oxygen from air can be reasonably expected. Thus, pure argon and argon with trance amount of oxygen and nitrogen in sputtering silver layer are considered as functionally equivalent atmosphere as evidenced by ‘238. Therefore, it would have been obvious to one of ordinary skill in the art to substitute argon with trance amount of nitrogen and oxygen for pure argon as the sputtering atmosphere for silver in the method as disclosed by Finley1.
Regarding claim 3, Finley1 teaches the functional coating consists of the first layer, the seed layer, the metallic layer, the primer layer and the second layer (paragraph 0167).
Regarding claim 4, Finley1 teaches the seed layer is titanium aluminum (paragraphs 0167-0168).
Regarding claim 5, Finley1 teaches the seed layer comprises titanium aluminum (paragraphs 0167-0168).
Regarding claim 6, Finley1 teaches the coating (seed layer) is in the range of 10 to 80 wt% titanium with the balance of aluminum (paragraphs 0021, 0171), which overlaps with the claimed range. In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exist. In re Wertheim, 541 F.2d 257, 191USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990); In re Geisler,116 F.3d 1465, 1469-71, 43 USPQ2d 1362, 1365-66 (Fed. Cir. 1997). See MPEP 2144.05. Finley1 teaches the titanium and aluminum wt% governs the sheet resistance and stability when left unprotected (paragraph 0171). Therefore, it would have been within the skill of the ordinary artisan to adjust and the optimize the wt% of titanium and aluminum in the seed layer in the process to yield the desired sheet resistance and stability when left unprotected. Discovery of optimum value of result effective variable in known process is ordinarily within skill of art. In re Boesch, CCPA 1980, 617 F. 2d 272, 205 USPQ215.
Regarding claim 7, Finley1 teaches the thickness of the titanium aluminum layers (seed layer and primer layer) governs the transmission of the layer under the same deposition parameters (paragraphs 0138-0164, see table F). Finley1 also teaches the titanium aluminum layer provided protection to the silver metallic layer against oxidation (paragraphs 0017 and 0019). Therefore, it would have been within the skill of the ordinary artisan to adjust and optimize the thickness of the seed layer in the process to yield the desired transmission of the layer and oxidation protection to the silver metallic layer. Discovery of optimum value of result effective variable in known process is ordinarily within skill of art. In re Boesch, CCPA 1980, 617 F. 2d 272, 205 USPQ215.
Regarding claim 8, Finley1 teaches the primer layer is titanium aluminum (paragraph 0167).
Regarding claim 10, Finley1 teaches the primer layer comprises titanium (paragraphs 0167-0168).
Regarding claim 11, Finley1 teaches the thickness of the titanium aluminum layers (seed layer and primer layer) governs the transmission of the layer under the same deposition parameters (paragraphs 0138-0164, see table F). Finley1 also teaches the titanium aluminum layer provided protection to the silver metallic layer against oxidation (paragraphs 0017 and 0019). Therefore, it would have been within the skill of the ordinary artisan to adjust and optimize the thickness of the seed layer in the process to yield the desired transmission of the layer and oxidation protection to the silver metallic layer. Discovery of optimum value of result effective variable in known process is ordinarily within skill of art. In re Boesch, CCPA 1980, 617 F. 2d 272, 205 USPQ215.
Regarding claim 12, Finley1 teaches the first layer comprises zinc stannate (paragraphs 0167-0168).
Regarding claim 15, Finley1 teaches the metallic layer is silver (paragraphs 0167-0168).
Regarding claim 16, Finley1 teaches the metallic layer is silver (paragraphs 0167-0168).
Regarding claim 17, Finley1 teaches the second layer is zinc stannate (paragraphs 0167-0168).
Regarding claim 20, Finley1 teaches a method of forming coating layers in a coating stack by sputtering (abstract), wherein the stack is a Low-E coating stack having overlaying protective coatings to protect metallic infrared reflective layer (paragraphs 0012, 0018 and 0020) (a method of protect a metallic layer in a coated article). Finley1 teaches to form the coating stacks on a glass substrate (forming a functional coating over at least a portion of the first surface of the second surface) (paragraphs 0072, 0165-0168). Finley1 teaches to form all the layers by sputtering, wherein the sputtering is conducted in a chamber (paragraph 0168). While Finley1 does not explicitly teaches the layers are formed in different chambers, Finley1 teaches the substrate is being conveyed during through the coating process (paragraphs 0079 and 0104), and different targets and atmosphere are required for each layers (paragraphs 0168), thus it would be obvious to one of ordinary skill in the art to use different chambers for each layers (and moving the substrate from one chamber to the other), especially the results of forming all the layers on the stacks can both be achieved by using one chambers or multiple chambers. In addition, it is obvious to choose from a finite number of identified, predictable solutions, with a reasonable expectation of success (MPEP 2143 I. E.). In this case, there is only two possible solutions: using one chambers or multiple chambers; all of the scenarios result in the same solution of achieving the goal of forming the coating stack. Thus, it would be obvious to one of ordinary skill in the art before the effectively filing date to form each layer in an individual chamber in light of the teaching of Finley1, especially Finley1 teaches different targets and atmosphere are required for each layer (paragraphs 0168). Thus, Finley teaches to position the substate in the first chamber comprising a first atmosphere to form the zinc stannate (first layer) on the substrate (glass substrate) (paragraphs 0167-0168), wherein the atmosphere is 50% and 50% mix of argon and oxygen (paragraph 0168) (greater than 0 vol% O2 to less than or equal to 80 vol% O2, and wherein a reminder of the first atmosphere is argon). Finley1 teaches to move the substrate to the second chamber comprising a second atmosphere of 100% argon to form an Al-Ti (seed layer) on the first layer (paragraphs 0167-0168). Finley1 teaches to move the substrate to the third chamber comprising a third atmosphere of 100% argon to form a silver layer (metallic layer) on the seed layer (paragraphs 0167-0168). Finley1 teaches to move the substrate into a fourth chamber comprising a fourth atmosphere of 100% argon to form an Al-Ti (primer layer) on the metallic layer (paragraphs 0167-0168). Finley1 teaches to move the substrate to the fifth chamber comprising a fifth atmosphere comprising 50% and 50% mix of argon and oxygen to form a second zinc stannate (second layer) on the primer layer (paragraphs 0167- 0168) (greater than 0 vol% O2 to less than or equal to 80 vol% O2, and wherein a reminder of the fifth atmosphere is argon).
Finley1 further teaches the Ti-Al coatings (seed layer and primer layer) can be sputtered with mixture of inert gas (argon), nitrogen and oxygen to provide oxygen and nitrogen components in the coatings to improved hardness and chemical resistant (paragraphs 0022-0024). Therefore, it would have been within the skill of the ordinary artisan to adjust and optimize the oxygen and nitrogen component in the process to yield the desired level of hardness or chemical resistant of the resulting seed layer and primer layer. Discovery of optimum value of result effective variable in known process is ordinarily within skill of art. In re Boesch, CCPA 1980, 617 F. 2d 272, 205 USPQ215.
Finley 1 does not explicitly teach the silver layer (metallic layer) is formed in the mixture of argon, nitrogen and oxygen as claimed. However, ‘238 teaches a method of forming a solar control stack by coating multiple layers, including silver layer, on a glass sheet (abstract). ‘238 teaches the silver is formed by sputtering in a 100% argon atmosphere or may contain a small amount of nitrogen or oxygen, unintentionally (English translation, page 3 first paragraph). Since the claimed amount of the nitrogen and oxygen can be as low as near 0 vol%, unintentional trace amount of nitrogen and oxygen are considered to read on the claimed limitations. While Finley1 intended for the sputtering for silver layer to be around 100% vol, trace amount of nitrogen and oxygen from air can be reasonably expected. Thus, pure argon and argon with trance amount of oxygen and nitrogen in sputtering silver layer are considered as functionally equivalent atmosphere as evidenced by ‘238. Therefore, it would have been obvious to one of ordinary skill in the art to substitute argon with trance amount of nitrogen and oxygen for pure argon as the sputtering atmosphere for silver in the method as disclosed by Finley1.
Claims 9, 14 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Finley1 (US20050258030) in view of โบดูแอง (TH-2101002328-A, hereafter, ‘238) as applied to claims 1-8, 10-12 and 15-17 and 20 above, and further in view of Brochot (US20060257670).
Regarding claim 9, Finley1 in view of ‘238 teaches all limitations of this claim except the primer layer is niobium. Brochot teaches forming multilayers on transparent substrate to protect a reflective silver layer (paragraphs 0002-0003, abstract). Brochot teaches niobium and titanium aluminum are functionally equivalent materials for protecting silver metallic layer against oxidization (paragraphs 0025-0029). Therefore, it would have been obvious to one of ordinary skill in the art to substitute niobium for titanium aluminum as the material for the primer layer in the method as disclosed by Finley1 in view of ‘238. It would also be obvious to includes trace amount of nitrogen and oxygen in sputtering niobium in the atmosphere in light of the teaching to ‘238.
Regarding claim 14, Finley1 in view of ‘238 teaches all limitations of this claim, except the thickness of the metallic layer. However, Brochot teaches the metallic layer has a thickness of 5 to 13nm (paragraphs 0029 and 0017). Brochot teaches metallic layer provided reflection properties in the infrared and/or in the solar radiation (paragraph 0017). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the thickness for the metallic layer as suggested by Brochot in the method of Finley1 in view of Minami because Brochot teaches such thickness is suitable to provide reflection properties in the infrared and/or in the solar radiation for the glazing assembly (paragraph 0017).
Regarding claim 18, Finley1 teaches the seed layer is titanium aluminum and the metallic layer is silver (paragraphs 0167 and 0168). Thus, Finley1 in view of ‘238 teaches all limitations of this claim except the primer layer is niobium. Brochot teaches forming multilayers on transparent substrate to protect a reflective silver layer (paragraphs 0002-0003, abstract). Brochot teaches niobium and titanium aluminum are functionally equivalent materials for protecting silver metallic layer against oxidization (paragraphs 0025-0029). Therefore, it would have been obvious to one of ordinary skill in the art to substitute niobium for titanium aluminum as the material for the primer layer in the method as disclosed by Finley1 and ‘238. It would also be obvious to includes trace amount of nitrogen and oxygen in sputtering niobium in the atmosphere in light of the teaching to ‘238.
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Finley1 (US20050258030) in view of โบดูแอง (TH-2101002328-A, hereafter, ‘238) as applied to claims 1-8, 10-12 and 15-17 and 20, and further in view of Finley2 (US4898790).
Regarding claim 13, Finley1 in view of Minami does not explicitly teach the metallic layer thickness. Finley2 teaches a multiple layer, high transmittance, low emissivity coated article (abstract), comprising the first layer (zinc stannate) is 30nm (column 6 lines 30-35), which is inside the claimed range. Finley2 teaches the thickness governs the optical properties such as transmittance (column 7 lines 40-45). Therefore, it would have been within the skill of the ordinary artisan to adjust and optimize the thickness of the first layer in the process to yield the desired optical properties such as transmittance. Discovery of optimum value of result effective variable in known process is ordinarily within skill of art. In re Boesch, CCPA 1980, 617 F. 2d 272, 205 USPQ215.
Response to Arguments
Applicant’s arguments with respect to claims 1-18 and 20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/NGA LEUNG V LAW/Examiner, Art Unit 1717
/Dah-Wei D. Yuan/Supervisory Patent Examiner, Art Unit 1717
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