Prosecution Insights
Last updated: August 17, 2026
Application No. 18/866,558

METALLIC SPUTTERING TARGET, PRODUCTION METHOD THEREFOR, AND METALLIC MATERIAL AND PRODUCTION METHOD THEREFOR

Final Rejection §112
Filed
Nov 18, 2024
Priority
May 19, 2022 — JP 2022-082420 +2 more
Examiner
MCDONALD, RODNEY GLENN
Art Unit
1794
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Tosoh Corporation
OA Round
2 (Final)
63%
Grant Probability
Moderate
3-4
OA Rounds
1y 7m
Est. Remaining
88%
With Interview

Examiner Intelligence

Grants 63% of resolved cases
63%
Career Allowance Rate
804 granted / 1269 resolved
-1.6% vs TC avg
Strong +24% interview lift
Without
With
+24.4%
Interview Lift
resolved cases with interview
Typical timeline
3y 4m
Avg Prosecution
48 currently pending
Career history
1309
Total Applications
across all art units

Statute-Specific Performance

§101
0.2%
-39.8% vs TC avg
§103
56.1%
+16.1% vs TC avg
§102
16.5%
-23.5% vs TC avg
§112
17.6%
-22.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1269 resolved cases

Office Action

§112
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 . Claim Rejections - 35 USC § 112 The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claims 18 and 20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Claim 18, line 4, is indefinite because “tungsten (W)” fails to further limit the claim. Specifically if tungsten is selected in claim 2 claim18 would fail to further limit the claim if tungsten (W) was selected. Claim 20, line 4, is indefinite because “tungsten (W)” fails to further limit the claim. Specifically if tungsten is selected in claim 2 claim18 would fail to further limit the claim if tungsten (W) was selected. Allowable Subject Matter Claims 1-17 and 19 are allowed. The following is a statement of reasons for the indication of allowable subject matter: Claims 1, 3-12, and 19 are allowable over the prior art of record because the prior art of record does not teach the claimed subject matter including a metal material comprising a metal having a body-centered cubic structure, wherein with respect to a sum of orientation area fractions of a {001} plane, a {101} plane and a {111} plane, a ratio of the orientation area fraction of the {111} plane to the sum is 0.45 or more, and the metal comprises chromium. Claims 2 and 13-17 are allowable over the prior art of record because the prior art of record does not teach the claimed subject matter including a metal material comprising a metal having a body-centered cubic structure, wherein with respect to a sum of the orientation area fractions of the {001} plane, the {101} plane and the {111} plane, the ratio of the orientation area fraction of the {111} plane to the sum is 0.60 or more, wherein the metal comprises at least one of chromium, molybdenum or tungsten. Response to Arguments Applicant's arguments filed April 12, 2026 have been fully considered and have overcome the previous rejections. New 35 U.S.C. 112 2nd paragraph rejections have been made based on Applicant’s amendments. Conclusion Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to RODNEY GLENN MCDONALD whose telephone number is (571)272-1340. The examiner can normally be reached Hoteling: M-Th every Fri off. 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, James Lin can be reached at 571-272-8902. 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. /RODNEY G MCDONALD/Primary Examiner, Art Unit 1794 RM July 1, 2026
Read full office action

Prosecution Timeline

Nov 18, 2024
Application Filed
Dec 11, 2025
Non-Final Rejection (signed) — §112
Jan 30, 2026
Non-Final Rejection mailed — §112
Mar 20, 2026
Interview Requested
Mar 26, 2026
Applicant Interview (Telephonic)
Mar 26, 2026
Examiner Interview Summary
Apr 12, 2026
Response Filed
Jul 07, 2026
Final Rejection mailed — §112 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12703910
FILM FORMATION APPARATUS AND FILM FORMATION METHOD OF GALLIUM NITRIDE FILM
1y 7m to grant Granted Aug 11, 2026
Patent 12692591
DEPOSITION APPARATUS
1y 7m to grant Granted Jul 28, 2026
Patent 12692590
FILM FORMATION APPARATUS
1y 6m to grant Granted Jul 28, 2026
Patent 12686004
AMPOULE FOR A SEMICONDUCTOR MANUFACTURING PRECURSOR
3y 7m to grant Granted Jul 21, 2026
Patent 12689011
APPARATUS WITH HEATED FILTER AND OPERATION METHOD OF THE SAME
2y 11m to grant Granted Jul 21, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
63%
Grant Probability
88%
With Interview (+24.4%)
3y 4m (~1y 7m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 1269 resolved cases by this examiner. Grant probability derived from career allowance rate.

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