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 § 103
Claim(s) 1-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Oba et al. (JP 2009127099 A) in view of Lopatin et al. (US 6811671 B1).
Considering claims 1-5, Oba discloses an electrolyte for the electrodeposition of an alloy comprising copper and zinc comprising in solution in water: copper (II) ions (atomic mass = 64g/mole) at a concentration of 2-40 g/L (30-600 mM) (page 3, 3rd paragraph), which overlaps the claimed range of 1-120 mM; complexing agent (ethylenediamine, d=0.9g/mL, MW=60 g/mole) at a concentration of 0.6-24 g/L (9-360 mM) (page 3, 2nd paragraph), the concentration ratio of complexing agent to copper (II) ions encompasses the claimed range of 1:1 to 3:1; zinc ions (atomic mass = 65) at a concentration of 0.5-30 g/L (8-640 mM) (page 3, 3rd paragraph), the concentration ratio of copper (II) ions to zinc ions encompasses the claimed range of 1:10 to 10:1; the electrolyte is substantially free of a surfactant (whole document). Oba is silent about pH.
However, Lopatin discloses that electrolyte of Cu-Zn alloy plating bath can also have a pH adjuster to keep the solution pH in the range of approximately 7 to approximately 14 (col. 6, lines 18-21). Furthermore, Lopatin teaches that increasing the pH decreases cathodic efficiency with respect to Zn and thereby decreases Zn-doping (col. 7, lines 51-57).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to adjust the pH of the Cu-Zn plating bath of Oba, because Oba is silent about the pH of the electroplating bath and Lopatin discloses that electrolyte of Cu-Zn alloy plating bath can also have a pH adjuster to keep the solution pH in the range of approximately 7 to approximately 14 where the expected result is increased cathodic efficiency with respect to Zn for lower pH values.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have the recited range because a prima facie case of obviousness exists in the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art”. 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). Furthermore, "[ A ] prior art reference that discloses a range encompassing a somewhat narrower claimed range is sufficient to establish a prima facie case of obviousness." In re Peterson, 315 F.3d 1325, 1330, 65 USPQ2d 1379, 1382-83 (Fed. Cir. 2003). See MPEP 2144.05.
Allowable Subject Matter
Claims 6-17 are allowed.
The following is an examiner’s statement of reasons for allowance: the closest prior art (Zhang et al. CN 106011958 B) discloses an electrolyte for the electrodeposition of an alloy comprising copper and manganese comprising in water: copper (II) ions at a concentration of 0.1 M (100 mM) (page 10); chelating (complexing) agent at a concentration of 0.1 M (100 mM), the concentration ratio of complexing agent to copper (II) ions is 1:1 (page 10); wherein the chelating agent is ethylenediamine tetraacetate (substituted polyamine); manganese ions at a concentration of 0.25 M (250 mM), the concentration ratio of copper (II) ions to manganese ions is 1:2.5 (page 10); pH is 7 (page 10). Zhang requires the copper chloride and zinc chloride, however the independent claim 12 requires that the electrolyte is free of chloride ions.
Radisic et al. (ECS Transactions, 3 ‘21’ 69-76 ‘2007’) discloses an electroplating solution without chloride ions, comprising 0.59M MnSO4, 1M (NH4)2SO4, 20 mM CuSO4 and pH of 6.6. However, the independent claim 12 requires the complexing agent is an aliphatic polyamine, and the ratio of Mn to Cu ions is from 1:10 to 10:1.
Tsurtsumia et al. (J. Chem. Chem. Eng. 1 ‘2016’ 13-27) discloses an electroplating solution without chloride ions, comprising 0.3M Mn2+, 0.2M EDTA, 0.005M Cu2+ and pH of 6.5. However, the independent claim 12 requires the complexing agent is at a ratio of 1:1 to 3:1 with respect to Cu2+, and the ratio of Mn to Cu ions is from 1:10 to 10:1.
The prior art of record does not disclose nor suggest the instantly claimed invention as a whole.
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Conclusion
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/WOJCIECH HASKE/Examiner, Art Unit 1794