DETAILED ACTION
Claim Rejections - 35 USC § 102
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 1-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Pasquali (2014/0298164).
Pasquali teaches an etching system comprising:
- an etching vessel, see Fig. 2B and related text, particularly [0012], and
- a support apparatus configured to move a substrate between at least two positions – see the noted figure, [0082] further explains the support apparatus, the noted syringe pump the moves the substrate up and down (and exemplified as an etching solution). (It is noted that the paragraph points to Fig. 1B but it is a typographical error as it names the pump and 1B is not a schematic as such).
In regard to the “to etch a surface relief structure” and “exposed to an etchant” that is intended use of the apparatus and not particularly limiting to the claimed. it has been held that claims directed to apparatus must be distinguished from the prior art in terms of structure rather than function. In re Danly, 263 F.2d 844, 847, 120 USPQ 528, 531 (CCPA 1959). Also, a claim containing a “recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus” if the prior art apparatus teaches all the structural limitations of the claim. Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987). In this case, the apparatus is operably filled with an etchant and the behavior of the structure of the apparatus is as claimed in that the substrate is able to put exposed and then further exposed by action of the support apparatus.
The “surface relief structure”, particular etchant and also the amount of time of the exposure are also intended use and not limiting to the structure of the apparatus.
Regarding claims 2, 4, 9, 10, 12 and 16, the use of any substrate with the system is intended use of the system, as per above.
Regarding claims 3, 5-8, 15 and 17-20, the support apparatus is configured to the move the substrate in both directions, with the axis substantially perpendicular to the surface of the material (the etchant is intended use) – it is noted that the actual movement is intended use. In regard to the series of discrete steps, the Office holds that as a syringe pump and as depicted with a lead screw, it would be generally understood to be discrete steps. In regard to the time between steps and/or the ‘continuous’ manner, that is a matter of the use of the system and the prior art system is capable of the same.
Regarding claim 11, all elements of the claim are met as per claim 1 above, with the selection of substrate an intended use of the apparatus.
Regarding claim 13, the etchant is not actively recited as the claims only require an intended use of etchant, therefore any selection is viable.
Regarding claim 14, the support apparatus is capable of moving the substrate, the selection of substrate is intended use, as is the actual movement.
Claims 1-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sainiemi (2016/0033697).
Sainiemi teaches an etching system comprising:
- an etching vessel, see Fig. 3 and related text, particularly [0051-52], and
- a support apparatus configured to move a substrate between at least two positions – see the noted figure and text explaining that substrate 5 is supported by holder 42 which is moved into and out of the fluid etchant. The intended use is address as per the rejection above, the process is in any case an etch but the control of the substrate into and out of the vessel is intended use and the motion is controllable.
Regarding claims 2, 4, 9, 10, 12 and 16, the use of any substrate with the system is intended use of the system, as per above, substrate movement is addressed above
Regarding claims 3, 5-8, 15 and 17-20, to claims 3 and 15, the device moves the substrate dual directions as per Fig. 3, the positions being perpendicular to the surface of the etchant (claims 5 and 17), in regard to claims 6-8 and 18-20, the motion is intended use of the apparatus.
Regarding claim 11, all elements of the claim are met as per claim 1 above, with the selection of substrate an intended use of the apparatus.
Regarding claim 13, the etchant is not actively recited as the claims only require an intended use of etchant, therefore any selection is viable. It is further noted that the teachings broadly include an etching solution – the selection of an “anisotropic etchant” is dependent on both the etchant and the substrate, in order that the etchant behaves anisotropically, therefore the selection of etchants and substrates are open to such materials that would effect the etchant as such.
Regarding claim 14, the support apparatus is capable of moving the substrate, the selection of substrate is intended use, as is the actual movement.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Kang (2013/0260041) teaches a system that moves a substrate into and out of a solution using a substrate support.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEPH A MILLER, JR whose number is (571)270-5825 and fax is (571)270-6825. If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Michael Cleveland, can be reached on 571-272-1418. The fax number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOSEPH A MILLER, JR/ Primary Examiner, Art Unit 1712
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