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 .
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.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 07/02/2024, 08/15/2024 and 05/23/2025 have been considered by the examiner.
Oath/Declaration
Oath/Declaration as file 07/02/2024 is noted by the Examiner.
Title Objection
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
The following title is suggested: “Probe card for electrically connecting test target and circuit to generate a test signal.”
Please make the proper correction.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the claims at issue are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO internet Web site contains terminal disclaimer forms which may be used. Please visit http://www.uspto.gov/forms/. The filing date of the application will determine what form should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
Claims 1-6 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims (1+3), 2, 4, 1, 5 and 6 of U.S. Patent No. 12,092,660 (Application No. 17/909593) respectively. Although the conflicting claims are not identical, they are not patentably distinct from each other because both sets of claims cover the same subject matter.
Both independent claims’ features of the instant application and the co-pending application can be compared as:
Instant Application: 18/761394 (Claim 1)
US Patent: 12,092,660 (Claims 1 and 3)
A probe card for electrically connecting a test target and a circuit configured to generate a test signal, the probe card comprising:
A probe card for electrically connecting a test target and a circuit configured to generate a test signal, the probe card comprising:
a plurality of conductive contact probes;
a plurality of conductive contact probes;
a probe head configured to accommodate ends of the plurality of conductive contact probes so as to freely extend and retract with respect to an outside;
a probe head configured to accommodate ends of the plurality of conductive contact probes so as to freely extend and retract with respect to an outside;
a laminated member laminated on the probe head on a side opposite to a side of the probe head in which the conductive contact probes extend outwardly; and
a laminated member laminated on the probe head on a side opposite to a side of the probe head in which the plurality of conductive contact probes extend outwardly; and
a fastening member including a screw and a nut configured to fasten the probe head and the laminated member to each other, the screw including
a fastening member including a screw and a nut configured to fasten the probe head and the laminated member to each other, the screw including:
a head provided on the side of the probe head in which the conductive contact probes extend outwardly, and
a head provided on the side of the probe head in which the plurality of conductive contact probes extend outwardly, and
a shaft inserted through the probe head and the laminated member, the shaft extending and having a diameter smaller than a diameter of the head, wherein
a shaft inserted through the probe head and the laminated member, the shaft extending and having a diameter smaller than a diameter of the head; and
the shaft is fixed to the probe head, is threadedly connected to the nut on an end side opposite to the head side, and is configured to fasten the probe head and the laminated member to each other, and
a second nut provided on an opposite side to the head side of the screw in the probe head and is crimped on the probe head,
the probe head includes
wherein the shaft is fixed to the probe head, is threadedly connected to the nut on an end side opposite to the head side, and is configured to fasten the probe head and the laminated member to each other.
a main body, and
(Claim 3) wherein the probe head includes:
a holding portion provided inside the probe head, the holding portion including an insertion hole through which the shaft is inserted and having rigidity higher than the main body.
(Claim 3) a main body, and
(Claim 3) a holding portion including an insertion hole through which the shaft is inserted and having rigidity higher than the main body.
Both sets of claims’ features of the instant application (claim 2-6) and the US Patent (claims 2, 4, 1, 5 and 6) can be compared by using the table shown above.
This is a double patenting rejection since the conflicting claims have been patented.
Allowable Subject Matter
REASONS FOR ALLOWANCE
The following is an examiner’s statement of reasons for allowance (Should the Double Patenting Rejection be overcome):
Regarding claim 1, the prior art does not teach or suggest, in combination with the rest of the limitations of claim 1,
“…the screw including a head provided on the side of the probe head in which the conductive contact probes extend outwardly, and a shaft inserted through the probe head and the laminated member, the shaft extending and having a diameter smaller than a diameter of the head, wherein the shaft is fixed to the probe head, is threadedly connected to the nut on an end side opposite to the head side, and is configured to fasten the probe head and the laminated member to each other, and the probe head includes a main body, and a holding portion provided inside the probe head, the holding portion including an insertion hole through which the shaft is inserted and having rigidity higher than the main body.”
Claims 2-6 are also allowed as they further limit allowed claim 1.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Yang et al. US 2024/0393368 - A probe system and a probe card, a probe head and a guide plate structure thereof are described herein.
Yamada et al. US 2010/0164518 - A probe card is provided that is capable of accurately ensuring the flatness and the parallelism with respect to a predetermined reference surface.
Yamada et al. US 2009/0167335 - Provided is a probe card capable of surely bringing probes into contact with a contact object regardless of a temperature environment of a test.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RAUL J RIOS RUSSO whose telephone number is (571)270-3459. The examiner can normally be reached Monday-Friday: 10am-6pm, EST.
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/RAUL J RIOS RUSSO/Examiner, Art Unit 2858