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 .
Claims 1-8, 10, 12, and 18-29 are pending.
Claims 9, 11, 13-17, and 30-68 have been canceled by the applicants.
Information Disclosure Statement
The IDS submitted by the applicants have been reviewed and approved. It is noted that US 2017/0369983 A1 have been submitted twice in IDS of 7/23/2026 and 7/29/2024. The latest duplicate entry has been strikethrough from in the signed IDS forms.
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 conflicting claims 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); 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 nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) 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 www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-3, 10, 12, 18-25 and 29 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-3, 5, 7, 13-21 of copending Application No. 18/834,299 in view of YI (US 2017/0369983 A1).
See listing below of the claims of the Copending application 18/834,299 and the corresponding claims of the instant application. The difference in the claims between copending application and the instant claim is that the mask body layer is to be a metal material in the instant, and resin material in the copending application.
Instant application ‘035 claim Copending application ‘299 claim
1 1
2 2
3 3
10 7
12 5
18 13
19 14
20 15
21 16
22 17
23 18
24 19
25 20
29 21
Whereupon, the YI reference teaches of the features regarding the materials of the layers, see teaching of first conductive layer 731 and second conductive layer 732, and wherein the mask body layer contains a metal material, see Fig. 7, see [0076]: "The first metal layer 730 includes[. .. ] a third conductive layer 733 patterned above the second conductive layer 732”. See also [0077] "the first metal layer 730 may include a conductive layer 731 that prevents the first metal layer 730 from being corroded during a process of etching the glass mask 710".
It would have been obvious for one of ordinary skill in the art to have modified the claimed invention of the ‘299 application with the change of the layer materials to that of the adjacent metal materials as taught by YI, see KSR rationale, MPEP2143, as combining prior art elements according to known methods to yield predictable results in construction of the mask.
This is a provisional nonstatutory double patenting rejection.
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.
Claim(s) 1 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by YI (US 2017/0369983 A1).
Re 1, YI teaches of a vapor deposition mask (see Fig. 7) comprising:
a mask substrate that contains silicon (see glass mask 710, [0075];
a mask layer that includes a first surface and a second surface that is located opposite the first surface and that faces the mask substrate (see [0075]: "A first metal layer 730 may be arranged above a first surface 711 of the glass mask 710.”); and
a through-hole that extends through the mask layer (see Fig. 7, opening 713, see [0074]: "opening 713 penetrating the glass mask 710”),
wherein the mask substrate includes a substrate opening (see Fig. 7),
wherein the through-hole is located in the substrate opening in a plan view (see Fig. 7),
wherein the mask layer includes a mask body layer that forms the first surface and a mask intermediate layer that is located between the mask body layer and the mask substrate (see first conductive layer 731 and second conductive layer 732), and
wherein the mask body layer contains a metal material (see Fig. 7, see [0076]: "The first metal layer 730 includes[. .. ] a third conductive layer 733 patterned above the second conductive layer 732”).
(See also [0077] "the first metal layer 730 may include a conductive layer 731 that prevents the first metal layer 730 from being corroded during a process of etching the glass mask 710").
Claim Rejections - 35 USC § 103
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 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.
Claim(s) 2-8, 10, 12, 19-21, and 27 is/are rejected under 35 U.S.C. 103 as being unpatentable over YI as applied to claim 1 above, and further in view of CHEN (US 12127468 B2).
Re 2 (upon 1), wherein YI does not specifically teach of a thickness of the mask intermediate layer is less than a thickness of the mask body layer.
However, CHEN teaches of different thicknesses wherein first metal layer can be of .01 to .5 micrometers, and the second layer can be 0.1 to 100 micrometers, wherein, the layers can be changed to increase mechanical strength and stability of the PMM structure, see Col. 7, lines 62-64 and Col. 8, lines 16-26. The layers can be changed in terms of thicknesses and thus it would have been obvious for one of ordinary skill in the art to have modify the layer to the desired property of the mask based upon the differences of the intermediate layer thickness.
Whereupon, it would have been relevant to one skilled in the art to have incorporated the teachings by CHEN into the YI reference. It would have been obvious for one of ordinary skill in the art to have modified YI with the different thicknesses of the intermediate layer as taught by CHEN, including those being less dependent upon the property of the strength and stability of the mask structure.
Re 3 (upon 1), wherein the mask intermediate layer includes a substrate-facing layer that contains gold, aluminum, chromium, nickel, titanium, titanium nitride, an aluminum alloy that contains neodymium, a silicon oxide, or a silicon dioxide, and
wherein the substrate-facing layer is in contact with the mask body layer and is in contact with the mask substrate.
YI discloses that the layers have different functions (D1, [0077) see metal layer 730 with conductive layer 731 and conductive layer 732, and conductive layer 733, YI does not teach of the particular materials. Though, it would be obvious for a skilled person that a plurality of layers made of different metal materials could be used to provide different functions. Further, see teaching by CHEN of forming a Precision micro-mask, and includes teaching of a first metal layer 30, which can be of nickel, titanium, chromium, cobalt, gold or their alloys, see Col. 7, lines 56-62.
While the second metal layer can be of “nickel-cobalt (Ni—Co) series alloys, or iron-nickel series (Fe—Ni) alloys, or iron-nickel-cobalt (Fe—Ni—Co) series alloys”, see Col 8, lines 11-17.
It would have been obvious for one of ordinary skill in the art to have modified YI with the materials used of the layer as taught by CHEN for different functions and properties for the layers in the mask.
Re 4 (upon 1), wherein the mask intermediate layer includes a body-facing layer that faces the mask body layer and a substrate-facing layer that faces the mask substrate, and wherein the body-facing layer and the substrate-facing layer are composed of different metal materials.
See teaching above by CHEN for claim 3 which would encompass the claimed features.
(see also US 2022/0131076 A1, CHEN), see [0100, 0101] regarding the first metal layer, and second metal layer.
Re 5 (upon 4), wherein the substrate-facing layer contains gold, aluminum, chromium, nickel, titanium, titanium nitride, an aluminum alloy that contains neodymium, a silicon oxide, or a silicon dioxide.
See teaching above by CHEN of second layer is of nickel-cobalt alloys, iron-nickel series alloys, or iron-nickel-cobalt series alloys.
Re 6 (upon 4), wherein the body-facing layer contains titanium, copper, nickel, or gold
See the teaching by CHEN above of first layer being of nickel, copper, titanium, chromium, cobalt, or gold or alloys, and of the second metal layer 40 with the nickel-cobalt alloy.
Re 7 (upon 4), wherein the mask intermediate layer includes an intermediate layer that is located between the substrate-facing layer and the body-facing layer, and wherein the intermediate layer is composed of a metal material that differs from those of the body-facing layer and the substrate-facing layer.
See teaching above of YI for claim 3 for the different layers and with the combination from CHEN would teach the claimed features.
Re 8 (upon 7), wherein the intermediate layer contains titanium, titanium nitride, aluminum, an aluminum alloy that contains neodymium, a silicon oxide, a silicon dioxide, nickel, copper, chromium, or gold.
See CHEN with first metal layer with the gold, copper, etc, as shown above for claim 3.
Re 10 (upon 1), wherein the mask substrate includes a substrate body that defines the substrate opening, wherein the mask intermediate layer includes a body region portion that is located between the mask body layer and the substrate body and an opening region portion that is located in the substrate opening in a plan view, and wherein the through-hole extends through the mask body layer and the opening region portion.
See in CHEN (Fig 4) of the through hole/opening regions.
Re 12 (upon 1), wherein the mask substrate includes a substrate body that defines the substrate opening, wherein the mask intermediate layer includes a body region portion that is located between the mask body layer and the substrate body and a mask layer opening that is formed along the substrate opening in a plan view, and wherein the through-hole extends through the mask body layer.
Re 19 (upon 1), wherein a first alignment mark is provided on a surface of the mask substrate opposite the mask layer.
See CHEN teaching of alignment marks in the PMM, see region 2, Col. 12, lines 40-47.
Re 20 (upon 19), wherein the mask substrate includes a substrate body that defines the substrate opening and an inner projecting portion that projects inward from the substrate body in a plan view, and wherein the first alignment mark is located on the inner projecting portion. In regards to the alignment mark, this is seen as shift in the location of the part, in this case of the alignment mark on the substrate body in the teaching of YI, see MPEP 2144.04 (VI)(C).
Re 21 (upon 19), wherein a second alignment mark is provided at a position nearer than the first alignment mark to the through-hole. This is seen as shift in the location of the part, in this case of the alignment mark in relation to the through hole in the teaching of YI, see MPEP 2144.04 (VI)(C).
Re 27 (upon 1), wherein the mask layer includes two or more of the through-holes, wherein the two or more of the through-holes are located in the substrate opening in a plan view, mask layer includes two or more through-hole groups that are formed by the two or more of the through-holes, wherein the mask layer includes a mask insulating layer that forms the first surface, and wherein the mask insulating layer is located between two of the through-hole groups adjacent to each other.
See teaching of openings in YI, see [0010, 0013-0015, 0064-0068]. Whereupon, the plurality of through holes groups would be a modification of duplication of parts, in this case, of the through holes, see MPEP 2144.04(VI)(B).
Claim(s) 18, 25-26, and 28-29 is/are rejected under 35 U.S.C. 103 as being unpatentable over YI as applied to claim 1 above.
Re 18 (upon 1), wherein the substrate opening has a rectangular shape in a plan view, and wherein curved portions are provided at four corners of a contour of the substrate opening in a plan view. This is seen as a change in shape of the opening of the teaching of YI, see MPEP 2144.04 (IV)(B).
Re 25 (upon 1), wherein the mask body layer includes two or more body islands, and wherein a groove that extends through the mask body layer is located between two of the body islands adjacent to each other. This is seen as a change in the grouping of the body islands of the teaching of YI, see MPEP 2144.04 (IV)(B).
Re 26 (upon 1), wherein the mask layer includes a mask insulating layer that forms the first surface, wherein the mask body layer includes two or more body islands, and wherein the mask insulating layer is located between two of the body islands adjacent to each other. This is seen as a change in the grouping of the body islands of the teaching of YI, see MPEP 2144.04 (IV)(B).
Re 28 (upon 1), wherein the mask body layer includes a dummy body island that does not overlap the substrate opening in a plan view. This is seen as a change in the body island location from overlapping with an opening of the teaching of YI, see MPEP 2144.04 (IV)(B).
Re 29, a framed vapor deposition mask comprising: the vapor deposition mask according to claim 1; and a frame that supports the mask substrate of the vapor deposition mask.
YI teaches that it is known to use a frame in the background information section, see [0005], and while the teaching of YI does not require a frame, it can be mounted upon support blocks 530, see [0080].
Whereupon, it would have been obvious for one of ordinary skill in the art to recognize that the mask of YI can also be mounted upon a frame, as this see KSR rationale, MPEP 2143, in the present case, all the claimed elements were known in the prior art and one skilled in the art could have combined the elements as claimed by known methods with no change in their respective functions, and the combination yields nothing more than predictable results to one of ordinary skill in the art. See MPEP 2143, KSR Rationale “A”.
Claim(s) 22-23 is/are rejected under 35 U.S.C. 103 as being unpatentable over YI in view of CHEN as applied to claim 21 above, and further in view of HIROBE (US 2015/0017759 A1).
Re 22 (upon 21), wherein the mask layer includes two or more of the through-holes, two or more through-hole groups that are formed by the two or more of the through-holes.
YI does not teach of “a mask sash bar that is provided between the through-hole groups adjacent to each other, and wherein the second alignment mark is located on the mask sash bar.”
Wherein, in related art of HIROBE, there is teaching of the use of sash bar portions 2b and 2c are known in the art for the vapor deposition masks 100, see [0012, 0067-0069], Fig. 1.
It would have been obvious for one of ordinary skill in the art to have modified YI with the use of sash bar portions as taught by HIROBE allowing dividing the open space of the frame into a plurality of portions, see [0012] of HIROBE. Wherein, the grouping of the through holes and alignment marks being known configuration of the mask of YI and the combination with the mask sash bar are known arrangements in the formation of a vapor deposition masks.
Re 23 (upon 22), wherein YI does not teach of “the mask sash bar includes a first mask sash bar and a second mask sash bar that extend in respective directions perpendicular to each other in a plan view, and wherein the second alignment mark is located at an intersecting portion at which the first mask sash bar and the second mask sash bar intersect with each other.”
See teaching of the sash bar portions 2b and 2c in the directions in HIROBE, see [0067-0069], Fig. 1. Wherein, the additional alignment mark would have been obvious for one skilled in the art to duplicate and place to ensure the proper alignment of the mask.
Claim(s) 24 is/are rejected under 35 U.S.C. 103 as being unpatentable over YI as applied to claim 1 above, and further in view of SALLEE (US 2017/0049349 A1).
Re 24 (upon 1), wherein YI does not specifically teach of an outer edge of the mask body layer is located inside an outer edge of the mask intermediate layer in a plan view.
Whereupon, the teaching in an analogous reference pertaining to the concept of forming masks, teaches of formation of substrate layers, see in SALLEE. Here, the teaching of the intermediate metal layer 42 upon a substrate 34, see [0063], and further of another layer 44 deposited upon the intermediate metal layer 42, with opening 78, see [0064]. As taught by the SALLEE, the formation can include where the edges of the layer 44 may be larger than that of the first opening but smaller than the area of the intermediate metal layer due to the method of application, see [0064].
It would have been obvious for one of ordinary skill in the art to have recognized the teaching of the claimed features from the modification of the YI reference with the manner of forming layers for the mask as taught by SALLEE which can result in the claimed edge features of the layers due to the deposition methods. See also KSR rationale, MPEP2143, as combining prior art elements according to known methods to yield predictable results in forming the mask layers. Whereupon, such manner of application results in the claimed edge feature layout of the layers.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See attached PTO-892 form.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EMMANUEL S LUK whose telephone number is (571)272-1134. The examiner can normally be reached Monday-Friday 9 to 5.
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, Xiao S Zhao can be reached at 571-270-5343. 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.
/EMMANUEL S LUK/Primary Examiner, Art Unit 1744
Prosecution Insights