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 § 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.
Claims 1, 6-10 are 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.
Claims 1, 6-10 are indefinite because the phrase “wherein the getter layer comprises: 47% of vanadium, 33% of zirconium and 20% of titanium; or 37.5% of vanadium, 37.5% of zirconium and 25% of titanium.” is unclear because it is unclear if the % amount is in weight percent or atomic proportion. It appears that the intent is to be in atomic proportion. (see Page 5 of applicant’s specification)
Allowable Subject Matter
Claims 1, 6-10 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter:
Claims 1, 6-10 are indicated as being allowable because the prior art of record does not teach the claimed subject matter including placing, in a vacuum processing chamber, the substrate and a target made in said plurality of metallic materials, the target comprising one strip per metallic material constituting the getter layer or a mosaic of materials constituting the getter layer; and propelling ions against the target with an ion gun to extract particles of metallic material therefrom and project them against a surface of the substrate at an oblique angle of incidence (α), wherein the plurality of metallic materials together form a substantially flat sputtering surface on which the ions strike, and the plurality metallic materials is shaped and assembled together, such that the sputtering surface is continuous and exclusively constituted of said plurality metallic materials, and wherein the plurality metallic materials comprise side faces distinct from the sputtering surface, said side faces having, in a plane orthogonal to the sputtering surface, a substantially complementary profile having a length greater than a thickness of said materials, and wherein the getter layer comprises: 47% of vanadium, 33% of zirconium and 20% of titanium; or 37.5% of vanadium, 37.5% of zirconium and 25% of titanium.
Response to Arguments
Applicant’s arguments, see Amendment, filed April 1, 2026, with respect to claims 1, 6-10 have been fully considered and are persuasive. The rejections of claims 1, 6-10 has been withdrawn.
A new 35 U.S.C. 112 2nd paragraph rejection has been made based on Applicant’s amendment.
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 RODNEY GLENN MCDONALD whose telephone number is (571)272-1340. The examiner can normally be reached Hoteling: M-Th every Fri off..
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, James Lin can be reached at 571-272-8902. 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.
/RODNEY G MCDONALD/Primary Examiner, Art Unit 1794
RM
June 17, 2026
Prosecution Insights