DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. 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.
Information Disclosure Statements
2. The information disclosure statements (IDS) submitted on 10/16/24 and 12/23/24 have been considered by the examiner.
Specification
3. The disclosure is objected to because of the following informalities: on line 5 of paragraph [0023], it appears that the word "is" should be changed to --are--, note what is indicated on lines 4-5 of paragraph [0022], i.e., the controller and energy storage device are in operative communication with the plurality of motors (alternatively, the word "are" on line 5 of paragraph [0022] should be changed to --is--, if applicant instead intends to recite that the controller and energy storage device as a single device). On the penultimate line of paragraph [0030], the word "cable" should be changed to
--cables--. On line 5 of paragraph [0040], the word "is" should be changed to --are--. On line 8 of paragraph [0046], "122" should be changed to --127--, note what is indicated on lines 9 and 10 of this paragraph, i.e., the electronic controller in figure 4 of the instant drawings is element 127, not 122. On the second line of paragraph [0051], the word "adjusts" should be changed to --adjustments--, and on line 4 of this paragraph, the word "embodiment" should be changed to --embodiments--. On line 4 of paragraph [0052], the word "transported" should be changed to either --transferred-- or
--transmitted--.
Appropriate correction is required.
Claim Objections
4. Claims 5, 8, 10, 11 and 24 are objected to because of the following informalities:
On the second line of claim 5, the word "photo" should be changed to --photon--.
On the second line of claim 8, the word "is" should be changed to --are--.
On line 3 of claim 10, "a" at the beginning of the line should be changed to --the--. On the second line of claim 11, the word "adjusts" should be changed to --adjust--.
On the second line of claim 24, the word --and-- should be inserted after the comma.
Appropriate correction is required.
Claim Rejections - 35 USC § 103
5. 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-24 are rejected under 35 U.S.C. 103 as being unpatentable over Polle et al, U.S. Patent Application Publication No. 2022/0028672.
As to claim 1, Polle et al discloses, in figure 2A,
a magnetron assembly for a rotary target (rotary target 201 or 219), the magnetron assembly comprising:
a plurality of magnets (magnets 205);
a plurality of motors (note that each of actuators 207 includes a stepper motor, as indicated in paragraph [0012] of Polle et al) operatively coupled to the plurality of magnets, the plurality of motors configured to adjust positions of the plurality of magnets;
a controller and energy storage device (controller 210 and energy storage device 211) in operative communication with the plurality of motors, the controller and energy storage device including an electronic controller and at least one rechargeable battery;
a fiber optic cable (fiber optic cable 115) operatively coupled to the controller and energy storage device such that photon signals received by the fiber optic cable from outside the magnetron assembly are converted into electrical signals (converted via optical to electrical converter 117) and delivered to the controller.
Not disclosed by Polle et al are the limitations in claim 1 that the photons received by fiber optic cable 115 and converted to electrical signals by optical to electrical converter 117 are delivered to the energy storage device 211 and such electrical signals include power signals to recharge the rechargeable battery. Such would have been obvious, however, to one ordinary skill in the art, the reason being that it was old and well-known in the art before the effective filing date of applicant's invention to use a single fiber optic cable for transmitting photons to an optical to electrical converter which outputs electrical signals in the form of both data and power, note paragraph six below where several references disclosing this well-known concept are cited. A person having ordinary skill in the art viewing Polle et al's figure 2A together with the teachings of these references would have easily recognized that it would be advantageous to use the photons received by optical to electrical converter 117 to provide both the control inputs to master controller 210 and also the power input for recharging rechargeable battery 211 because a single optical fiber could be used to perform both functions and thus result in a simpler apparatus, i.e., it would not be necessary to have a separate supply line for recharging rechargeable battery 211, or alternatively, it would eliminate the need to remove rechargeable battery 211 in order to recharge or replace it.
As to claim 2, when Polle et al's figure 2A is modified as noted above, i.e., such that the photon signals received by fiber optic cable 115 are converted to electrical signals by optical to electrical converter 117 and the output electrical signals are respectively delivered as data and power to the controller 210 and the energy storage device 211, the electrical signals delivered to the controller 210 and energy storage device 211 will inherently include data signals that the electronic controller uses to activate the above-noted stepper motors in order to adjust positions of the magnets 205.
As to claims 3 and 4, note that during operation of Polle et al's figure 2A magnetron assembly, as modified above, the rechargeable battery 211 inherently or obviously will be used to power the electronic controller and stepper motors.
As to claim 5, the claimed end cap is the end cap shown at the leftmost portion of Polle et al's figure 2A, i.e., the end cap with optical fiber 115 passing therethrough, note that it inherently or obviously has a window (adjacent to lens 220) that will allow the above-noted photon signals transmitted from outside the magnetron assembly to be directed to the controller 210 and rechargeable battery 211.
As to claim 6, the claimed photovoltaic cell reads on the above-noted optical to electrical converter 117--or, alternatively, it would have been obvious to one of ordinary skill in the art that Polle et al's optical to electrical converter 117 can include a photovoltaic cell, or be included within a photovoltaic cell.
As to claim 7, although Polle et al does not disclose the claimed optical transceiver, such would have been obvious to one of ordinary skill in the art, the reason being that it was old and well-known in the art before the effective filing date of applicant's invention to use an optical transceiver for operatively coupling a fiber optic cable to a photovoltaic cell, note paragraphs [0045], [0056], [0072] and [0076] of Crowley et al (USPAP 2014/0246310), and also note paragraphs [0055], [0066], [0076] and [0083] of Crowley et al (USPAP 2014/0246312), as two examples of this well-known concept.
As to claim 8, note that Polle et al's figure 2A magnetron assembly is positioned in a cylindrical rotary target, and the above-noted motors are positioned to adjust positions of the magnets 205 with respect to the inner surface of the cylindrical rotary target, in response to the data signals received by the controller 210 and energy storage device 211.
As to claim 9, the above-noted power signals output from Polle et al's optical to electrical converter 117 will either inherently or obviously trickle charge the rechargeable battery 211, i.e., to the extent that the above-noted power signals do not perform trickle charging, such would have been obvious to one of ordinary skill in the art, in order to obtain the well-known advantages associated with trickle charging.
As to claim 10, note that Polle et al's figure 2A can be interpreted as a rotary cathode assembly for a magnetron sputtering apparatus, note that rotary target 201, 219 is a hollow cylindrical target which surrounds a magnetron assembly, the hollow cylindrical target is rotatably attached to the magnetron sputtering apparatus inside it, the magnetron assembly is stationarily attached to the magnetron sputtering apparatus, and the fiber optic cable of the magnetron assembly can obviously be formed using first and second fiber optic cables, one example of this well-known concept being disclosed by Crowley et al (USPAP 2016/0225591), note figure 15 of this reference which shows first fiber optic cable 544 and second fiber optic cable 542 which function to deliver photons from outside the rotary cathode assembly to the above-noted optical to electrical converter and then obviously to the controller 210 and rechargeable battery 211.
As to claim 11, note that during operation of the Polle et al figure 2A rotary cathode assembly, as the rotary target erodes during operation of the magnetron sputtering apparatus, the above-noted stepper motors inherently will adjust the positions of the above-noted magnets with respect to the inner surface of the rotary target in response to the photon signals which pass through fiber optic cable 115 and are received by controller 210 and rechargeable battery 211, i.e., when the above-noted modification is made to figure 2A of Polle et al.
As to claim 12, note that during operation of the Polle et al figure 2A rotary cathode assembly, the above-noted electrical signals delivered to controller 210 and rechargeable battery 211 include data signals that the electronic controller uses to activate the above-noted stepper motors in order to adjust the positions of magnets 205.
As to claims 13 and 14, when Polle et al's figure 2A is modified as noted above, i.e., such that the photon signals received by fiber optic cable 115 are converted to electrical signals by optical to electrical converter 117 and the output electrical signals are delivered to both the controller 210 and the rechargeable battery 211, the rechargeable battery will inherently or obviously power both the electronic controller 210 and the above-noted stepper motors.
As to claim 15, note the rejection of claim 6 above.
As to claim 16, note the rejection of claim 5 above.
As to claim 17, note the rejection of claim 7 above.
As to claims 18-24, the limitations of these method claims are rejected using the same analysis as set forth above with regard to claims 1-17.
Evidentiary Prior Art
6. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Note the abstracts of Suyama, Saaski and Bookbinder et al, figure 2 of Schaffner et al, figure 1 of Meitl et al and page 227 of Lizon et al, each of which discloses the well-known concept of using a fiber optic cable for use in providing power to a power storage component, i.e., as noted above, one of ordinary skill in the art would have easily recognized, from these teachings, that it would be advantageous to use the photons received by optical to electrical converter 117 in order to provide both the control inputs to master controller 210 and the power input for recharging rechargeable battery 211, i.e., the single optical fiber 115 could obviously be used to perform both functions, thus eliminating the need to have a separate supply line for recharging rechargeable battery 211 or, as noted above, it would eliminate the need to remove rechargeable battery 211 so that it could be recharged or replaced.
Conclusion
7. Any inquiry concerning this communication or earlier communications from the examiner should be directed to KENNETH B WELLS whose telephone number is (571)272-1757. The examiner can normally be reached Monday-Friday, 8:30am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, LINCOLN DONOVAN can be reached at (571)272-1988. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KENNETH B WELLS/Primary Examiner, Art Unit 2842 January 3, 2026