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 Group I, claims 1-6 in the reply filed on 06/01/2026 is acknowledged.
Claims 7-15 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.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 06/01/2026.
Claim Objections
Claim 2 is objected to because of the following informalities: Claim 2 recites “The Vickers hardness” in line 4. It is suggested the claim is amended to recite “the Vickers hardness”. Appropriate correction is required.
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) 1-6 are rejected under 35 U.S.C. 103 as being unpatentable over Lehmann et al. (US 2021/0002179).
Regarding claim 1, Lehmann et al. teaches copper-ceramic substrate comprising: a ceramic carrier, and at least one copper layer bonded to a surface of the ceramic carrier, wherein the copper layer has a Vickers hardness of 40 to 100 (paragraph [0053]), wherein the copper layer has a proportion of the elements Bi, Se, Sn, Te of, in each case, at most 0-2 ppm, Ni of at most 0-10 ppm (paragraphs [0032] and [0041]). Given Lehmann et al. is silent with respect to a magnesium content, the amount of magnesium may be 0 ppm. As set forth in MPEP 2144.05, in the case where the claimed range “overlap or lie inside ranges disclosed by the prior art”, a prima facie case of obviousness exists, In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990); see MPEP 2144.05.
Regarding claim 2, the claimed limitation is a process limitation. It is noted that “[E]ven though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process”, In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985). Further, “although produced by a different process, the burden shifts to applicant to come forward with evidence establishing an unobvious difference between the claimed product and the prior art product”, In re Marosi, 710 F.2d 798, 802, 218 USPQ 289, 292 (Fed. Cir.1983). See MPEP 2113.
Therefore, absent evidence of criticality regarding the presently claimed process and given that Lehmann et al. meets the requirements of the claimed copper sheet, Lehmann et al. clearly meets the requirements of present claims.
Regarding claim 3, Lehmann et al. teaches wherein the copper layer can preferably have a proportion of at most 25 ppm Ag (paragraphs [0026]- [0027]).
Regarding claim 4, Lehmann et al. teaches wherein the copper layer has a proportion of preferably at least 99.99% Cu (paragraphs [00204]-[0025]).
Regarding claim 5, Lehmann et al. teaches the copper layer can have a proportion of preferably at most 5 ppm O (paragraphs [0028]-[0029]).
Regarding claim 6, Lehmann et al. teaches copper layer and ceramic substrates can be bonded by either DCB (direct copper bonding) or AMB (active metal brazing) (paragraph [0002]). Therefore, it would have been obvious to use a bonding method including AMB and thereby arrive at the claimed invention.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHENG HUANG whose telephone number is (571)270-7387. The examiner can normally be reached on Monday-Thursday from 7 AM to 5 PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Callie Shosho, can be reached at 571-272-1123. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHENG YUAN HUANG/Primary Examiner, Art Unit 1787
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