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 .
Status of Claims
Claims 1-7 and 9-14 are examined.
Claim 8 is cancelled.
Response to Amendment
The amendments made to the claims overcome the previous 35 U.S.C. 112 (b), 102, and 103 rejections and previous objections; therefore, the rejections are withdrawn.
Claim Interpretation
The limitation “opening in the carrier layer” in claim 1, in interpreted as “an opening or a cut-out in the carrier layer”.
The limitation “free end of the second portion” in claim 1, is interpreted absent a specific definition as an area on the “second portion”.
Claim Rejections - 35 USC § 102
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1-2, 4-5, 7, and 9-12 is/are rejected under 35 U.S.C. 102 as being anticipated by Vasquez Quintero, henceforth Vasquez (US 2019/0387619 A1).
Regarding claim 1, Vasquez discloses a method for manufacturing a shape-retaining non-flat device (¶ [0009] – a method for a flat device to be transformed into a non-flat device), comprising:
providing a flat device laminate 20 (¶ [0085] – flat mechanically deformable device 20) comprising:
a first layer 25 (¶ [0085] – 20 comprises electrically insulating layer 25) of thermoformable material (¶ [0009, 0025] – 20 is a thermo-formable flat device);
a carrier layer 10 (¶ [0109] – stress relief layer 10, mechanically attached to 20; ¶ [0048] - FIG. 9 depicts a combination of a device 20 in FIG. 2(a) and a stress relief layer 10 in FIG. 5) having:
a first portion (Fig. 9 depicts combination of 20 and 10 and a first portion of 10) arranged to extend along a periphery of a device region of the flat device laminate (Fig. 9 depicts a first portion arranged to extend along a periphery of a device region of 20) in which the shape retaining non-flat device is to be formed, wherein the first portion defines a frame (FIG. 9 depict first portion of 10 defining a “frame”) enclosing an opening in the carrier layer (FIG. 8, ¶ [0109] – second stress relief island 12),
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Vasquez Fig. 9
a second portion (Fig. 9 depicts a second portion comprising second component island 302) protruding from the first portion into the opening in the device region to define a free end (¶ [0085] – via 23, 24) in the device region.
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Vasquez Fig. 1 and 9
conductive traces 221 (¶ [0085] – electrical interconnections 221) arranged at least on the second portion of the carrier layer (Fig. 9 depicts 221 as on the second portion); and
a circuit element 21 (¶ [0085] – 20 comprises a component 21) arranged at the free end of the second portion (¶ [0090] – 302 for supporting 21; Fig. 1 and 9 depict 21 at a free end of the second portion) and electrically connected to the conductive traces (¶ [0090] – electric coupling between 21 and 221);
deforming the device region of the flat device laminate into the shape-retaining non-flat device by thermoforming the flat device laminate (¶ [0095, 0131] - resulting platform is then transformed into a non-flat (2-D) shape by means of a thermoforming process), wherein the carrier layer is non-stretchable (¶ [0084] – 10 is a flexible layer; ¶ [0067] – in the context of the present disclosure, flexible means non-stiff, non-rigid, able to bend without breaking, but not stretchable; deformable, but does not elongate) such that a respective shortest distance, along the second portion of the carrier layer, between the circuit element and the first portion, prior to and after the step of deforming the flat device laminate, are equal (as the flexible structure is not stretchable and does not elongate, the respective shortest distance between 21 and the first portion, prior to and after the step of deforming, are implicitly equal/same).
Regarding claim 2, Vasquez discloses the method of claim 1. Vasquez further discloses the flat device laminate further comprises a second layer (¶ [0089] – 20 comprises patterned supporting layer 30) of thermoformable material (¶ [0092] – thermo-formable layer 30) and wherein the carrier layer 10, the conductive traces 221 and the circuit element 21 are embedded between the first 25 and second layer 30 (¶ [0084] – covers at least an area corresponding to the location of at least one component 21 of the circuit 20 and at least an area corresponding to the location of an electrical interconnection 221; therefore 10, 221, and 21 are embedded between 25 and 30).
Regarding claim 4, Vasquez discloses the method of claim 1. Vasquez further discloses the first portion extends along an entire periphery of the device region of the flat device laminate to define a frame enclosing the device region (Fig. 9 depicts a first portion which extends along an entire periphery of the device region of 20 to define a frame enclosing the device region).
Regarding claim 5, Vasquez discloses the method of claim 1. Vasquez further discloses wherein the step of deforming the flat device laminate with a mold such that the second portion is positioned over an opening in the mold (¶ [0132] – fixed boundary condition, platform is clamped on the mold in the thermoforming tool) and the first portion extends along a periphery of the opening of the mold (as the mold is clamped to the platform in a fixed boundary condition, the platform would extend along a periphery of the opening in the mold). Fig. 13 depicts an example of the final non-flat device with first surface part 61 and second surface part 62 (¶ [0121]), where a first portion extends along an outer periphery. Therefore, the mold would be shaped with an opening for the second portion and an periphery of the opening for the first portion.
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Vasquez Fig. 13
Regarding claim 7, Vasquez discloses the method of claim 1. Vasquez further discloses wherein the non-flat device has a shape of a semi-sphere (¶ [0121] – 61, 62 having a spherical shape; Fig. 13 depicts a semi-sphere shape).
Regarding claim 9, Vasquez discloses the method of claim 1. Vasquez further discloses wherein the circuit element comprises one or more discrete electrical components electrically connected to the conductive traces (¶ [0090] – electric coupling between 21 and 221).
Regarding claim 10, Vasquez discloses the method of claim 9. Vasquez further discloses wherein the circuit element comprises a light emitting diode (¶ [0087] – 21 comprises a photonic component, an electro-optical element; ¶ [0092] – liquid crystal display).
Regarding claim 11, Vasquez discloses the method of claim 1. Vasquez further discloses wherein circuit element comprises two or more electrical components interconnected to form a sub-circuit electrically connected to the conductive traces (¶ [0090] – electric coupling between 21 and 221; Fig. 9 depicts eight electric couplings between 21 and 221). Vasquez also discloses the circuit may comprise a plurality of components (¶ [0087]) and may comprise at least two components and at least one electrical interconnection between two components (¶ [0097]).
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Vasquez (US 2019/0387619 A1).
Regarding claim 12, Vasquez discloses the method of claim 1. Vasquez further discloses wherein the flat device laminate comprises a plurality of device regions (¶ [0121] - final non-flat device with first surface part 61 and second surface part 62; therefore the flat device laminate before thermoforming comprises a plurality of device regions corresponding to 61, 62) and the carrier layer 10 comprises a plurality of first portions and a plurality of second portions (Fig. 13 depicts a plurality of first portions around 61, 62 and a plurality of second portions corresponding to 61, 62), wherein each first portion is arranged to extend along a periphery of a respective device region (Fig. 13 depicts the first portions extends along a periphery of 61, 62) and wherein the step of deforming comprises deforming the plurality of device regions of the flat device laminate into a respective shape-retaining non-flat device by thermoforming (Fig. 13 depicts the final non-flat device after thermoforming, where 61, 62 are deformed into respective shape-retaining non-flat device).
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Vasquez Fig. 13
Vasquez discloses the circuit may comprise a plurality of components (¶ [0087]).
Vasquez does not explicitly disclose each second portion protrudes from a respective first portion into a respective device region to define a free end. However, one of ordinary skill in the art before the effective filing date of the claimed invention would, depending on the determined shape and design of the final non-flat device, select multiple second portions of supporting layer 10 with respective components 21 that protrude from the first portion into a respective device region to define a free end, such as components at 61 and 62 of the final non-flat device corresponding to the areas in the flat deformable device before deforming, as an obvious matter of design choice. See MPEP § 2144 (VI)(C). Therefore the plurality of second portions of 10 would protrude to define a respective free end due to the multiple components 21.
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Vasquez (US 2019/0387619 A1), as applied to claim 1, in view of Tan (US 11039531 B1).
Regarding claim 3, Vasquez discloses the method of claim 1. Vasquez further does not explicitly disclose the second portion is adapted to extend along a sidewall of the shape-retaining non-flat device after the thermoforming.
Tan discloses a method of manufacturing an in-mold electronics device including providing a stretchable substrate, stacking the stretchable substrate onto a thermoplastic layer to form a stack-up, thermoforming the stack-up to from a molded assembly (c. 3, L 1-42).
Tan discloses the second portion is adapted to extend along a sidewall of the shape-retaining non-flat device after the thermoforming (Fig. 3 depicts a final product IME device utilizing the method, where a second portion extends along a sidewall).
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Tan Fig. 3
The final product IME device can have deeper drawn thermoformed plastic features compared to currently available processes (c. 6, L 48-67).
Vasquez and Tan disclose a method with the same or similar components performing the same or similar function. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have applied the forming of the final product IME device with a second portion extending along a sidewall in Tan to the method in Vasquez to create a final product IME device having deeper drawn thermoformed plastic features compared to currently available processes (c. 6, L 48-67).
Claim(s) 6 and 13-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Vasquez (US 2019/0387619 A1), as applied to claim 1 and 12, in view of Staudinger (WO 2015/035970 A1).
Regarding claim 6, Vasquez discloses the method of claim 5. Vaquez discloses lines 71 and 72 indicate a central axis of 61 and 62, respectively (¶ [0121]). Vaquez does not explicitly disclose the second portion extends past a centerline of the opening of the mold by a distance such that the free end of the second portion is positioned at a bottom of the mold after the step of deforming.
Analogous art Staudinger discloses a method of thermoforming for embedding the embedding element thermoformed product, comprising steps of introducing the film into a forming station with an open, movable mold; inserting the embedding element to prepare for embedding into a space between two film layer, closing the mold, thereby thermoforming the film to form the thermoformed product while embedding the embedding element in the plastic (¶ [0017], [0027]). The embedding element comprises an information component comprising an oscillating circuit (¶ [0017]).
Staudinger discloses the second portion extends past a centerline of the opening of the mold by a distance such that the free end of the second portion is positioned at a bottom of the mold after the step of deforming (¶ [0041] – embedding elements 14 inserted into the cavities 10 of the lower tool 5; Fig. 4 depicts 14 at the bottom of the mold). Furthermore, it would have been obvious to one of ordinary skill in the art to arrange 21 in the second portion at the central axes of 61 and 62 and positioned at a bottom of the mold after the step of deforming as an obvious matter of design choice. See MPEP § 2144 (VI)(C).
Vasquez and Staudinger disclose methods with the same or similar components performing the same or similar function. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have applied embedding element at the bottom of the mold in Staudinger to position the component on the central axis of the surface parts in modified Vasquez as an obvious matter of design choice.
Regarding claim 13, modified Vasquez discloses the method of claim 12. Vasquez does not explicitly disclose wherein each of the device regions are deformed simultaneously.
Analogous art Staudinger discloses a method of thermoforming for embedding the embedding element thermoformed product, comprising steps of introducing the film into a forming station with an open, movable mold; inserting the embedding element to prepare for embedding into a space between two film layer, closing the mold, thereby thermoforming the film to form the thermoformed product while embedding the embedding element in the plastic (¶ [0017], [0027]). The embedding element comprises an information component comprising an oscillating circuit (¶ [0017]).
Staudinger discloses each of the device regions are deformed simultaneously (¶ [0027] – several embedding elements are embedded simultaneously in several thermoforming products, in several cavities of the movable tool). One of ordinary skill in the art before the effective filing date would know that deforming simultaneously would increase production and reduce time.
Vasquez and Staudinger disclose methods with the same or similar components performing the same or similar function. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have applied the embedding simultaneously in several thermoforming products in Staudinger to the deforming in modified Vasquez to increase production and reduce time.
Regarding claim 14, modified Vasquez discloses the method of claim 12. Vasquez does not disclose after the step of deforming, cutting away non-device regions of the flat device laminate.
Staudinger discloses after the step of deforming, cutting away non-device regions of the flat device laminate (¶ [0038] – cut or punch through, a film web along the contours of manufactured cup-shaped products).
Vasquez and Staudinger disclose methods with the same or similar components performing the same or similar function. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have applied the cutting though a film web along the contours of the products in Staudinger after deforming in modified Vasquez to increase production and reduce time to form the final product.
Response to Arguments
Applicant's arguments filed November 3, 2025 have been fully considered but they are not persuasive.
Applicant argues the prior art does not disclose the amended limitations of amended claim 1, including “the second portion must protrude from the first portion into the opening in the device region to define a free end in the device region” and “any free end corresponding to the subject-matter of claim 1”.
The arguments are addressed in the updated 35 U.S.C. 102 rejection of amended claim 1 over Vasquez, necessitated by amendment.
The limitations “opening” and “free end” are given the broadest reasonable interpretation, absent a specific definition. Therefore, the limitations are met in view of the updated 35 U.S.C. 102 rejection of claim 1 above.
Applicant's arguments fail to comply with 37 CFR 1.111(b) because they amount to a general allegation that the claims define a patentable invention without specifically pointing out how the language of the claims patentably distinguishes them from the references.
Applicant argues “the particular arrangement of the carrier layer having a second portion providing a free end, the deformation can in fact take place without the second portion needing to be stretched” and “it is not reasonable to read the definitions of the carrier layer onto any layer, which can be stretched and will be stretched during thermoforming”.
The claims are read under the broadest reasonable interpretation.
Vasquez discloses a first layer 25 (¶ [0085] – 20 comprises electrically insulating layer 25) and a carrier layer 10 (¶ [0109] – stress relief layer 10, mechanically attached to 20; ¶ [0048] - FIG. 9 depicts a combination of a device 20 in FIG. 2(a) and a stress relief layer 10 in FIG. 5) wherein the carrier layer is non-stretchable (¶ [0084] – 10 is a flexible layer; ¶ [0067] – in the context of the present disclosure, flexible means non-stiff, non-rigid, able to bend without breaking, but not stretchable; deformable, but does not elongate).
Therefore, the stress relief layer meets the claimed “carrier layer”.
Applicant argues Vasquez “does not provide a first portion or a second portion meeting the above noted features” and does not teach “a square-shaped opening that is surrounded by a frame and a tongue extends into this square-shaped opening forming a free end in the opening” as illustrated in instant FIG. 2.
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., a square-shaped opening that is surrounded by a frame and a tongue extends into this square-shaped opening forming a free end in the opening) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
The limitations “opening” and “free end” are given the broadest reasonable interpretation, absent a specific definition. Therefore, the limitations are met in view of the updated 35 U.S.C. 102 rejection of claim 1 above.
Applicant argues “the features of the carrier layer cannot be read onto different layers of Vasquez such that a combination of features from more than one layer are read onto the claimed features of the carrier layer” and “stress-relief layer is a thermoformable layer”, therefore is not “non-stretchable”.
The claims are read under the broadest reasonable interpretation.
Vasquez teaches a carrier layer 10 (¶ [0109] – stress relief layer 10) wherein the carrier layer is non-stretchable (¶ [0084] – 10 is a flexible layer; ¶ [0067] – in the context of the present disclosure, flexible means non-stiff, non-rigid, able to bend without breaking, but not stretchable; deformable, but does not elongate). Although, the stress relief layer 10 is “thermoformable” and flexible, it is not stretchable; deformable, but does not elongate (¶ [0067]) meeting the limitation “non-stretchable”.
Therefore, the argument is not persuasive.
Applicant argues the supporting layer does not meet the claimed carrier layer and the stress relief layer is not the flexible supporting layer and argues the second portion of the carrier layer component island 302 of the supporting layer
The rejection cited stress relief layer as the claimed “carrier layer” in claim 1 and the supporting layer as the claimed second layer in claim 2.
Vasquez teaches a carrier layer 10 (¶ [0109] – stress relief layer 10) wherein the carrier layer is non-stretchable (¶ [0084] – 10 is a flexible layer) and in the context of the present disclosure, flexible means non-stiff, non-rigid, i.e., able to bend without breaking, but not stretchable (¶ [0067]). Therefore, as the stress relief layer is “flexible” and Vasquez further defines it as “not stretchable”, the stress relief layer meets the limitation of “carrier layer” in the claim.
Applicant argues the support layer will provide counteracting forces to second component island via the component interconnection tracks, the second component island will not stretch during deforming, will cause the meandering shape of the component interconnection stacks to be straightened, and the meandering shape will be changed such that a shape of the conductive traces will not remain unchanged and a shortest distance along the second portion of the carrier layer will not be equal prior to and after deforming.
The rejection cited stress relief layer as the claimed “carrier layer” in claim 1 and the supporting layer as the claimed second layer in claim 2.
Vasquez teaches a carrier layer 10 (¶ [0109] – stress relief layer 10) wherein the carrier layer is non-stretchable (¶ [0084] – 10 is a flexible layer) and in the context of the present disclosure, flexible means non-stiff, non-rigid, i.e., able to bend without breaking, but not stretchable (¶ [0067]) such that a respective shortest distance, along the second portion of the carrier layer, between the circuit element and the first portion, prior to and after the step of deforming the flat device laminate, are equal (as the flexible structure is not stretchable and does not elongate, the respective shortest distance between 21 and the first portion, prior to and after the step of deforming, are implicitly equal/same). Therefore, as the stress relief layer is “flexible” and Vasquez further defines it as “not stretchable”, the stress relief layer meets the limitation of “carrier layer” in the claim.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JONATHAN B WOO whose telephone number is (571)272-5191. The examiner can normally be reached M-F 8:30 am - 5:00 pm ET.
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/JONATHAN B WOO/Examiner, Art Unit 1754
/SUSAN D LEONG/ Supervisory Patent Examiner, Art Unit 1754