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 of Species A, claims 1-3 and 9 in the reply filed on 10 July 2026 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)). Claims 4-8 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The references cited in the information disclosure statements (IDS) submitted on 20 December 2024 and 04 June 2025, have been considered.
Drawings
The drawings received on 20 December 2024 are accepted.
Specification
The specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Examiner’s Note
The examiner has pointed out particular references contained in the prior art of record in the body of this action for the convenience of the applicant. Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. Applicant should consider the entire prior art as applicable as to the limitations of the claims. It is respectfully requested from the applicant, in preparing the response, to consider fully the entire references as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the examiner.
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.
Claims 1-3 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Eto (WO 2018/150830 A1).
With respect to claim 1, Eto discloses a liquid ejection head substrate (Fig. 1A, element 100) in which a first insulating layer (Fig. 1A, element 122), a wiring layer (Fig. 1A, element 128), and a second insulating layer (Fig. 1A, element 126) are stacked in this order on a base substrate (Fig. 1A, element 110; paragraph 0022), wherein
a heat generating resistive layer (Fig. 1A, element 130) configured to generate energy for ejecting liquid by electrification (paragraph 0020) is provided on the second insulating layer,
a connection plug (paragraph 0024) that extends through the second insulating layer, electrically connects the wiring layer and the heat generating resistive layer (paragraph 0028), and enables electrification of the heat generating resistive layer is included (paragraph 0077), and
a film thickness (Fig. 1A below, element t1) from the first insulating layer to the second insulating layer in a first region (Fig. 1A below, element w1) that coincides with the heat generating resistive layer in plan view is thinner than a film thickness (Fig. 1A below, element t2) from the first insulating layer to the second insulating layer in a second region (Fig. 1A below, element w2) that does not coincide with the heat generating resistive layer in plan-view (Fig. 1A below, i.e. left/right and into the page).
[AltContent: arrow][AltContent: connector][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: textbox (t2)][AltContent: textbox (t1)][AltContent: connector][AltContent: connector][AltContent: connector][AltContent: textbox (w2)][AltContent: textbox (w1)][AltContent: connector]
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The examiner notes to applicant that the limitations concerning the film thickness, the first region, and the second region are broad in scope and would have been obvious to one of ordinary skill in the art in view of Eto as applied above.
With respect to claim 2, Eto discloses a part (Fig. 1A, element 112) of the first insulating layer (Fig. 1A, element 122) is a thermal oxide film of silicon (paragraph 0022, i.e. LOCOS).
With respect to claim 3, Eto discloses the thermal oxide film (Fig. 1A, element 112) is not formed in the first insulating layer (Fig. 1A, element 122) in the first region (Fig. 1A above, element w1).
With respect to claim 9, Eto discloses the liquid ejection head substrate (Fig. 1A, element 100), wherein a protection layer (Fig. 1A, element 140) configured to protect the heat generating resistive layer (Fig. 1A, element 130) from liquid (paragraphs 0029-0030) and a liquid chamber (Fig. 1A, element 164) that contains the liquid and includes an ejection port (Fig. 1A, element 165) for the liquid are placed above the heat generating resistive layer (paragraph 0031).
Conclusion
In view of the foregoing, the above claims have failed to patentably distinguish over the applied art.
The remaining references listed on forms 892 and 1449 have been reviewed by the examiner and are considered to be cumulative to or less material than the prior art references relied upon in the rejection above.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Geoffrey Mruk whose telephone number is (571)272-2810. The examiner can normally be reached M-F 8-4:30 PM.
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, Ricardo Magallanes can be reached at (571) 272-5960. 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.
/GEOFFREY S MRUK/Primary Examiner, Art Unit 2853 08/03/2026
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