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 .
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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) 1, 4-6, 7-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Batchelder et al. (US 8598509 B2 hereinafter Batchelder), in view of Degner et al. (US 9612674 B2 hereinafter Degner) and Hotelling et al. (US 7663607 B2 hereinafter Hotelling).
As to claim 1, Batchelder discloses a scale comprising: a substrate (encoder wheel 44 as shown in Fig. 2); a plurality of patterns arranged at predetermined intervals on the upper surface of the substrate (reflective spokes 50 as shown in Fig. 2, col. 5, lines 40-54 "reflective spokes 50 arranged at equal intervals"); and a formation provided on a lower surface of the substrate (non-reflective regions or layers below reflective spokes as shown in Fig. 2, col. 6, lines 44-54: "dark regions... non-reflective materials").
Batchelder does not disclose a glass substrate having a frosted glass-like upper surface; or the patterns being conductor patterns.
However, Degner discloses a glass substrate having a frosted glass-like upper surface (glass layer as shown in Fig. 23, col. 13, lines 7-20; col. 27, lines 27-35): "slightly frosted glass" via chemical etching).
Therefore, It 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, to modify the scale of Batchelder and provides a glass substrate having a frosted glass-like upper surface (glass layer as shown in Fig. 23, , col. 13, lines 7-20; col. 27, lines 27-35: "slightly frosted glass" via chemical etching), as taught by Degner for providing a durable, low-friction surface suitable for precision position sensing.
Hotelling discloses a plurality of conductor patterns arranged at predetermined intervals on the upper surface of the glass substrate (ITO lines patterned as shown in Fig. 2, col. 7, lines 40-50: "transparent conductive lines... ITO patterned on glass members"); and a formation provided on a lower surface of the glass substrate (sensing lines on lower glass as shown in Fig. 2, col. 8, lines 10-20: "sensing lines on lower glass member").
Therefore, It 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, to further modify the scale of Batchelder and provides a plurality of conductor patterns arranged at predetermined intervals on the upper surface of the glass substrate (ITO lines patterned as shown in Fig. 2, col. 7, lines 40-50: "transparent conductive lines... ITO patterned on glass members"); and a formation provided on a lower surface of the glass substrate (sensing lines on lower glass as shown in Fig. 2, col. 8, lines 10-20: "sensing lines on lower glass member"), as taught by Hotelling for enabling capacitive or reflective sensing with transparency in position detection.
As to claim 4, the combination discloses the scale as claimed in claim 1, wherein the lower surface of the glass substrate is frosted glass-like (Degner, col. 13, lines 7-20; col. 27, lines 27-35, adaptable to both surfaces).
As to claim 5, the combination discloses the scale as claimed in claim 1 further comprising:a resin film provided between the lower surface of the glass substrate and the formation, wherein the formation is a conductor film (Degner, ink layer as shown in Fig. 23, col. 29, lines 1-5; col. 26, lines 40-55: "ink layer disposed below the glass layer").
As to claim 6, the combination discloses an encoder comprising: the scale as claimed in claim 1 (Batchelder, as shown in the abstract; col. 3, lines 10-60).
As to claim 7, Batchelder discloses in Figs. 1-2, a manufacturing method of a scale comprising:
forming a plurality of patterns arranged at predetermined intervals on the upper surface of the substrate by processing (reflective spokes 50 as shown in Fig. 2, col. 4, lines 30-40: "gaps 52 etched from encoder wheel using conventional techniques", adaptable to laser for precision patterning).
Batchelder does not disclose roughening an upper surface of a glass substrate into a frosted glass state; forming a formation on a lower surface of the glass substrate; after roughening the upper surface of the glass substrate into the frosted glass state and forming the formation, forming a plurality of conductor patterns arranged at predetermined intervals on the upper surface of the glass substrate by laser processing.
Degner discloses roughening an upper surface of a glass substrate into a frosted glass state (glass layer as shown in Fig. 23, col. 5, lines 30-40: "slightly frosted glass" via chemical etching; col. 6, lines 10-20: "seed surface via chemical etching, then HF solution for divots"); forming a formation on a lower surface of the glass substrate (ink layer and stiffener below glass as shown in Fig. 23, col. 4, lines 20-30: "ink layer disposed below the glass layer; and a stiffener disposed below the ink layer").
Therefore, It 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, to modify the method of Batchelder and provides roughening an upper surface of a glass substrate into a frosted glass state (glass layer as shown in Fig. 23, col. 5, lines 30-40: "slightly frosted glass" via chemical etching; col. 6, lines 10-20: "seed surface via chemical etching, then HF solution for divots"); forming a formation on a lower surface of the glass substrate (ink layer and stiffener below glass as shown in Fig. 23, col. 4, lines 20-30: "ink layer disposed below the glass layer; and a stiffener disposed below the ink layer"), as taught by Degner for providing a durable, low-friction surface suitable for precision position sensing.
Hotelling discloses forming a formation on a lower surface of the glass substrate (136 sensing lines on lower glass 138 as shown in Fig. 2, col. 12, lines 35-50, and col. 8, lines 10-20: "sensing lines on lower glass member"); after roughening the upper surface of the glass substrate into the frosted glass state and forming the formation, forming a plurality of conductor patterns arranged at predetermined intervals on the upper surface of the glass substrate by laser processing (ITO lines patterned as shown in Fig. 2, col. 12, lines 35-50; col. 7, lines 40-50: "ITO layer deposited, then etched to form lines arranged in rows/columns at intervals", adaptable to laser for precision).
Therefore, It 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, to further modify the method of Batchelder and provides forming a formation on a lower surface of the glass substrate (sensing lines 136 on lower glass 138 as shown in Fig. 2, 8B, col. 12, lines 35-50; col. 8, lines 10-20: "sensing lines on lower glass member"); after roughening the upper surface of the glass substrate into the frosted glass state and forming the formation, forming a plurality of conductor patterns arranged at predetermined intervals on the upper surface of the glass substrate by laser processing (ITO lines patterned as shown in Fig. 2, 8B, col. 12, lines 35-50; col. 7, lines 40-50: "ITO layer deposited, then etched to form lines arranged in rows/columns at intervals", adaptable to laser for precision), as taught by Hotelling for enabling capacitive or reflective sensing with transparency in position detection.
As to claim 8, the combination discloses the method as claimed in claim 7, further comprising: after roughening the upper surface of the glass substrate into the frosted glass state, forming a conductor film on the upper surface of the glass substrate (Hotelling, col. 7, lines 40-50: "ITO layer deposited"), wherein, in the forming of the plurality of conductor patterns, the plurality of conductor patterns are formed by patterning the conductor film by a laser processing (col. 7, lines 40-50: "then etched to form lines", adaptable to laser).
As to claim 9, the combination discloses the method as claimed in claim 7, further comprising: after roughening the upper surface of the glass substrate into the frosted glass state, forming a plurality of temporary conductor patterns on the upper surface of the glass substrate (Batchelder, col. 4, lines 30-40: "gaps 52 etched... conventional techniques", with temporary structures implied for patterning), wherein, in the forming of the plurality of conductor patterns, the plurality of conductor patterns are formed by processing edge portions of the plurality of temporary conductor patterns by a laser processing (col. 4, lines 30-40: "gaps 52 etched", adaptable to laser edge processing for precision).
Allowable Subject Matter
Claims 2-3 objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
As to Claims 2-3, the prior art in alone and/or in combination does not disclose wherein at least a portion of the second region adjacent to the first region is recessed with respect to the first region, and wherein the second region is formed deeper than the plurality of conductor patterns at a boundary with the first region.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TUNG X NGUYEN whose telephone number is (571)272-1967. The examiner can normally be reached 10:30am-6:30pm M-F.
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, Judy Nguyen can be reached at 571-272-2258. 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.
/TUNG X NGUYEN/Primary Examiner, Art Unit 2858 12/20/2025