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 .
Election/Restrictions
Claims 18, 20 and 23 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on February 9, 2025.
Accordingly, the requirement is made FINAL.
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.
Claims 1-8, 10-14 and 16-17 are rejected under 35 U.S.C. 103 as being unpatentable over Hwang KR20080095127) in view of Kawashima (US6559065) and Kreft (US20140147992), and further evidenced by Applied Ceramics (https://www.appliedceramics.net/material/pyrex/; Pyrex material information).
Regarding claim 1, Hwang teaches a top down type high temperature evaporation source for depositing a thin film (abstract) (a coating source for a coating plant). Hwang teaches the coating source comprising a crucible 20 for vaporizing coating material, wherein the crucible has an outlet opening at the center for ejecting vaporized coating material 12 to the substate underneath (paragraph 0020, figure 2) (the coating source comprised a crucible for vaporizing coating material and at least one outlet opening for vaporized coating material). Hwang teaches the crucible 20 which assembled by a storage crucible 22 and a lid 21 (paragraphs 0020-0021 and figures 3-4) (closed with a lid). Hwang teaches the coating source comprises a heating wire 30 outside the closed crucible 20 for heating the crucible and the coating material, wherein the heating element emits infrared rays (paragraph 0022, figure 4) (the coating source comprises at least one first IR radiation source outside the closed crucible for heating the crucible and/or the coating material).
Hwang does not explicitly teach the lid is semi-transparent to IR radiation. However, Kawashima teaches a vapor deposition method for forming a thin film (abstract). Kawashima teaches the infrared heating source is outside of the crucible (column 3 lines 35-50, figure 1) and disclose the crucible is made of material capable for transmitting the infrared light and having a high resistance at the heating temperature to be heated (column 3 lines 55-67). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the crucible lid (which is position in between the coating material and the infrared heater, similar to Kawashima’s crucible bottom) with material that is transparent to the IR radiation as suggested by Kawashima in the method of Hwang because Kawashima teaches such material allow transmitting the IRF light and have heat resistance at the heating temperature for the coating material to be heated (column 3 lines 55-68), which facilitate the vaporizing process. Kawashima’s IR radiation material with total transmission is considered to read on the limitation of semi-transparent to IR radiation as the instant application provide definition of semi-transparent with the transmission, for example, of at least 5% (with no upper limit).
Hwang in view of Kawashima does not explicitly teach at least one refilling device is connected to the one filler neck to introduce coating material into the crucible. However, Kreft teaches a method of continuous coating a substrate by evaporating the coating material in a crucible onto the surface of the substrate (abstract and paragraph 0001). Kreft teaches above the crucible 30 (crucible lid) is an outlet opening 55 connected to a further lock 50 (filler neck), wherein the further lock 54 is closable with closure 56 and closure 46 (paragraphs 0036-0038, figure 1) (wherein at least one opening with a closable filler neck for filling the crucible with coating material is provided in the lid). Kreft teaches the further lock 54 (refilling device comprises a storage container for coating material) is connected to the first lock 44 (coating material) which temporary store the coating material to pass to the further lock 54 (paragraph 0042), and the first lock 44 and further lock 54 work together to refill the coating material to the crucible (abstract, paragraph 0042) (wherein the coating source further comprises at least one refiling device connected to the at least one filler neck in order to introduce coating material into the crucible, wherein the refilling device comprises a storage container for coating material). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use a refilling device and the filler neck to introducing coating material into the crucible as suggested by Kreft in the method of Hwang in view of Kawashima because Kreft teaches such system can reduce the quality fluctuations which occur when topping up the coating material in the crucible of a closed spaced sublimation method (paragraphs 0002 and 0008-0009).
Regarding claim 2, Kawashima teaches the lid is made of quartz or Pyrex (column 3 lines 60-67). Since Kreft’s filler neck is on the lid and would be blocking the IR radiation from the heating element to the coating material in the curable, it would obvious to use the same material of the lid (with IR transmitting with heat resistance, such as quartz or Pyrex) for the neck filler, for the same motivation to facilitate the vaporizing process. Quartz (as disclosed in the instant specification) and Pyrex (evidenced by Applied Ceramics), have the claimed thermal conductivity.
Regarding claim 3, Kreft teaches the filler neck 54 is connected to the refilling device 44 at a first end and comprises a valve 56 at an opposite second end, and they are considered to be connected in vacuum tight manner as they undergo evacuation by vacuum pump (paragraphs 0038 0067, figure 1).
Regarding claim 4, Hwang heater is intended to heat the whole top area, including the lid, of the crucible (figure 4), which would include the valve on the lid.
Regarding claim 5, Kawashima teaches the lid is made of quartz or Pyrex (column 3 lines 60-67). Since Kreft’s filler neck is on the lid and would be blocking the IR radiation from the heating element to the coating material in the curable (at the region of the valve), it would obvious to use the same material of the lid (with IR transmitting with heat resistance, such as quartz or Pyrex) for the neck filler, for the same motivation to facilitate the vaporizing process. Quartz (as disclosed in the instant specification) have the claimed IR radiation transmission. In addition, Kawashima teaches the material has to be transmission to IR radiation (100%, inside claimed range), wherein IR radiation has the the wavelength of 700nm to 1mm, 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.
Regarding claim 6, Kawashima teaches the lid is made of quartz or Pyrex (column 3 lines 60-67). Since Kreft’s filler neck is on the lid and would be blocking the IR radiation from the heating element to the coating material in the curable (including at the second end and/or in the region of the valve), it would obvious to use the same material of the lid (with IR transmitting with heat resistance, such as quartz or Pyrex) for the neck filler, for the same motivation to facilitate the vaporizing process. Quartz (as disclosed in the instant specification) and Pyrex (evidenced by Applied Ceramics), have the claimed thermal expansion coefficient.
Regarding claim 7, Kreft teaches the valve is made of a flap (pargraph 0038 and 0067, figure 1), and it would be expected to have an addition component (coupling element) coupled to the flap to control the opening and closing of the valve.
Regrading claim 8, Kawashima teaches the lid is made of quartz or Pyrex (column 3 lines 60-67). Since Kreft’s filler neck and the valve (including the coupling element) is on the lid and would be blocking the IR radiation from the heating element to the coating material in the curable, it would obvious to use the same material of the lid and valve with coupling element (with IR transmitting with heat resistance, such as quartz or Pyrex) for the neck filler, for the same motivation to facilitate the vaporizing process. Quartz (as disclosed in the instant specification) and Pyrex (evidenced by Applied Ceramics), have the claimed thermal conductivity.
Regarding claim 10, Kawashima teaches the lid is made of quartz or Pyrex (column 3 lines 60-67). Quartz (as disclosed in the instant specification) have the claimed IR radiation transmission. In addition, Kawashima teaches the material has to be transmission to IR radiation (100%, inside claimed range), wherein IR radiation has the the wavelength of 700nm to 1mm, 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.
Regarding claim 11, Kreft teaches the refilling device comprises a valve (42, 46 and 49) by means of which the storage container can 44 be closed in vacuum tight manner (paragraphs 0039, 0042 and 0062, figure 1).
Regarding claim 12, Kreft teaches the coating source is connected to a negative pressure line 48 for evacuating the storage container 44, wherein the negative pressure line is connected to a vacuum pump (paragraphs 0038 and 0042).
Regarding claim 13, Kreft teaches the reactor and the lock chamber (including further lock 54 and first lock 44/storage container) can all be filled with an inert gas (pargraph 0016), thus, Kreft teaches a source for inert gas is connected to the valve for flooding the storage container.
Regarding claim 14, Kreft teaches to heat the lock chamber (including first lock 44/ storage container) (paragraphs 0017 and 0042), thus, the coating source is considered to including a heater for heating the storage container.
Regarding claim 16, Kreft teaches the only one opening if provided with a closable filler neck for filling the crucible with coating material, and the coating source comprises a refilling device for each opening. However, duplication or parts or rearrangement of parts has no patentable significance unless a new and unexpected result is provided (MPEP 2144.04 VI). Thus, it would be obvious to including plurality of openings, each having closable filler neck for filling the crucible with coating material, wherein the coating source comprises a refiling device for each opening in light of teaching of Kreft.
Regarding claim 17, Hwang teaches the coating material is metal, Kawashima teaches the coating material is organic material with vaporizing temperature of (100 to 400) (column 3 lines 55-67). In addition, it is well settled that material or article worked upon does not limit apparatus claims (MPEP 2115), thus, the coating material with a certain vaporization temperature does not impart patentability to the claims (a coating source).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Hwang KR20080095127) in view of Kawashima (US6559065) and Kreft (US20140147992), and further evidenced by Applied ceramics (https://www.appliedceramics.net/material/pyrex/; Pyrex material information) as applied to claims 1-8, 10-14 and 16-17 above, and further in view of Kobernik (US20180206323).
Regarding claim 9, Hwang in view of Kawashima and Kreft teaches all limitations of this claim, except the refilling device comprises a magnetically coupled vacuum feedthrough, which is mechanically connected to the coupling elements. However, Kobernik teaches a high energy ion beam generator system (abstract) and discloses a motor outside of the vacuum vessel is connected to the beam scraper via a magnetically coupled vacuum feedthrough (linear motion feedthrough) to control the movement of the scraper inside the vacuum vessel (paragraph 0060 and 0222). Since Kreft teaches the valve is made of a flap (pargraph 0038 and 0067, figure 1), and it would be expected to have an addition component (coupling element) coupled to the flap to control the opening and closing of the valve, wherein such coupling element would require to be moved inside of the vacuum to open or close the valve; It would have been obvious to one of ordinary skill in the art at the time the invention was made to use the magnetically coupled vacuum feedthrough to control the movement of the component inside of the vacuum vessel as suggested by Kobernik in the method of Hwang in view of Kawashima and Kreft because Kobernik teaches such feedthrough is capable to connect the moving component inside of the vessel to an outside control device for controlling the movement of the moving component (paragraphs 0060 and 0222).
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Hwang KR20080095127) in view of Kawashima (US6559065) and Kreft (US20140147992), and further evidenced by Applied ceramics (https://www.appliedceramics.net/material/pyrex/; Pyrex material information) as applied to claims 1-8, 10-14 and 16-17 above, and further in view of Sun (KR20150067684)
Regarding claim 15, Hwang in view of Kawashima and Kreft teaches all limitations of this claim, except the storage container comprises a rotary magazine. However, Sun teaches an apparatus for packing a small grained medicine by a fixed dosage (abstract) and discloses to use a rotary magazine to discharge the powder continuously in a fixed amount (paragraph 0039). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use rotary magazine to discharge coating material powder in the storage container as suggested by Sun in the method of Hwang in view of Kawashima and Kreft because Sun teaches the rotary magazine is capable of discharging powder continuously in a fixed amount (paragraph 0039).
Conclusion
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/NGA LEUNG V LAW/Examiner, Art Unit 1717
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