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
Applicant’s election without traverse of Invention I (claims 1-6) in the reply filed on 13 July 2026 is acknowledged.
Claims 7-9 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.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 13 July 2026.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 23 August 2024 has been considered by the examiner.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-2 and 5-6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Asai et al. (US 2009/0065472 – hereinafter Asai.)
Regarding claim 1,
Asai discloses a laminated substrate [1 in fig. 1] comprising:
a silicon substrate [10 in figs. 1-2; paragraph 0030]; and
a silicon oxide film [15 in fig. 2] laminated to the silicon substrate [paragraphs 0031 and 0035],
wherein the silicon oxide film has a through hole [14a in fig. 2] penetrating in a thickness direction [as seen in fig. 2],
wherein the silicon substrate has a hole [14 in fig. 2] communicating with the through hole [as seen in fig. 2],
wherein the hole includes a first portion adjacent to the through hole and a second portion adjacent to the first portion on an opposite side of the through hole [seen in fig. 2],
wherein the first portion includes a plurality of first recesses whose width changes cyclically in the thickness direction [as seen in figs. 2 and 9, reproduced below],
wherein the second portion includes a plurality of second recesses whose width changes cyclically in the thickness direction [see figs. 2 and 9, reproduced below], and
wherein a maximum value of the width of the first recesses is smaller than a maximum value of the width of the second recesses [as seen in fig. 2, reproduced below.]
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Regarding claim 2,
Asai further discloses wherein the silicon oxide film has a contact surface in contact with the silicon substrate and a back surface of the contact surface, and a width of the through hole monotonically decreases from the back surface to the contact surface [as seen in the figures; paragraphs 0030 and 0035.]
Regarding claim 5,
Asai further discloses wherein the through hole is a first through hole, and
wherein the hole is a second through hole [as seen in fig. 2.]
Regarding claim 6,
Asai discloses a liquid discharge head comprising:
a laminated substrate [1 in fig. 1] including a silicon substrate [10 in figs. 1-2; paragraph 0030] and a silicon oxide film [15 in fig. 2] laminated to the silicon substrate [paragraphs 0031 and 0035]; and
an energy generation element [11 in fig. 2; paragraph 0030-0032],
wherein the silicon oxide film has a first through hole [14a in fig. 2] penetrating in a thickness direction [as seen in fig. 2],
wherein the silicon substrate has a second through hole [14 in fig. 2] communicating with the first through hole [as seen in fig. 2],
wherein the second through hole includes a first portion adjacent to the first through hole and a second portion adjacent to the first portion on an opposite side of the first through hole [as seen in fig. 2, reproduced above fir clarity],
wherein the first portion includes a plurality of first recesses whose width changes cyclically in the thickness direction [as seen in figs. 2 and 9, reproduced below],
wherein the second portion includes a plurality of second recesses whose width changes cyclically in the thickness direction [as seen in figs. 2 and 9, reproduced below],
wherein a maximum value of the width of the first recesses is smaller than a maximum value of the width of the second recesses [as seen in fig. 2, reproduced below],
wherein the first through hole and the second through hole form a liquid discharge flow path through which a liquid is discharged [paragraph 0032; as seem in fig. 2], and
wherein the energy generation element imparts energy to the liquid to be discharged [paragraphs 0030-0032.]
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 3 and 4 are rejected under 35 U.S.C. 103 as being unpatentable over Asai.
Regarding claim 3,
Asai discloses the claimed limitations as set forth above but fails to expressly disclose wherein an average inclination angle of a side surface of the through hole with respect to the contact surface is equal to or greater than 60° and less than 90°.
However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have an inclination angle of a side surface of the through hole with respect to the contact surface that is equal to or greater than 60° and less than 90°, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235. One would have been motivated to optimize the inclination angle in order to improving liquid flow efficiency and preventing trapped air bubbles, while still having structural stability.
Regarding claim 4,
Asai discloses the claimed limitations as set forth above but fails to expressly disclose wherein the first portion includes a portion that is 0.8 μm or more away from the contact surface between the silicon oxide film and the silicon substrate, and a length of each recess in the first portion in the thickness direction is 0.25 μm or less.
However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have a first portion that includes a portion that is 0.8 μm or more away from the contact surface between the silicon oxide film and the silicon substrate, and a length of each recess in the first portion in the thickness direction being 0.25 μm or less, since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Antonie, 559 F.2d 618, 195 USPQ 6 (CCPA 1977). See also In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980). One would have been motivated to optimize the portion between the silicon oxide film and the silicon substrate, and the length of each recess for the purpose of preventing stress and cracking in the structure of the substrate.
Communication with the USPTO
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JANNELLE M LEBRON whose telephone number is (571)272-2729. The examiner can normally be reached Monday-Friday: 9:00am - 5:00pm.
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, Douglas X Rodriguez can be reached at (571) 431-0716. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JANNELLE M LEBRON/Primary Examiner, Art Unit 2853
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