Ex Parte Deng et al

Board of Patent Appeals and Interferences

May 30, 2012

11930449 (B.P.A.I. May. 30, 2012)

UNITED STATES PATENT AND TRADEMARK OFFICE
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BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
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Ex parte HONG DENG and YOSHIHIRO IKEDA
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Appeal 2011-001923
Application 11/930,449
Technology Center 1700
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Before EDWARD C. KIMLIN, PETER F. KRATZ, and
HUBERT C. LORIN, Administrative Patent Judges.

KIMLIN, Administrative Patent Judge.

DECISION ON APPEAL
This is an appeal from the final rejection of claims 1, 2, 4, 5, 7-14, and
16-18. We have jurisdiction under 35 U.S.C. § 6(b).
Claim 1 is illustrative:
1. A perpendicular media, comprising:

a substrate;

a soft underlayer (SUL) on the substrate without an adhesion layer
therebetween, the SUL having a total thickness of less than 50 nm, and the
Appeal 2011-001923
Application 11/930,449

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SUL comprises one or more layers formed from microcrystalline materials
that are smaller than 10 nm;

an exchange break layer (EBL) on the SUL;

a recording layer on the EBL; and

an overcoat on the recording layer.

The Examiner relies upon the following references as evidence of
obviousness (Ans. 3):
Hayakawa 5,573,863 Nov. 12, 1996
Nakamura 2002/0028355 A1 Mar. 07, 2002

Appellants’ claimed invention is directed to a perpendicular media
comprising a substrate, a soft underlayer (SUL) on the substrate, an
exchange break layer (EBL) on the SUL, a recording layer on the EBL, and
an overcoat on the recording layer. There is no adhesion layer between the
SUL and the substrate, and the SUL has a total thickness of less than 50 nm.
Also, the SUL is formed from microcrystalline materials that are smaller
than 10 nm. According to Appellants, the conventional thickness of a SUL
is over 100 nm, and “[b]y reducing the total SUL thickness, the film
adhesion strength between the substrate and SUL is increased, and the
adhesion layer is eliminated for lower cost production of disk drives having
perpendicular media” (Br. 3, second para.).
Appealed claims 1, 2, 4, 5, 7-14 and 16-18 stand rejected under 35
U.S.C. § 103(a) as being unpatentable over Nakamura in view of Hayakawa.
Appellants have not presented an argument that is reasonably specific
to any particular claim on appeal. Accordingly, all the appealed claims
stand or fall together with claim 1.
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Application 11/930,449

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We have thoroughly reviewed each of Appellants’ arguments for
patentability. However, we are in complete agreement with the Examiner
that the claimed subject matter would have been obvious to one of ordinary
skill in the art within the meaning of § 103 in view of the applied prior art.
Accordingly, we will sustain the Examiner’s rejection for essentially those
reasons expressed in the Answer, and we add the following primarily for
emphasis.
Appellants do not dispute the Examiner’s factual determination that
Nakamura, like Appellants, discloses a perpendicular magnetic recording
medium comprising a substrate, a SUL deposited on the substrate without an
adhesive layer therebetween, an EBL on the SUL, a cobalt-based alloy with
perpendicular anisotropy recording layer on the EBL, and a carbon overcoat
on the recording layer.
A principal argument advanced by Appellants is that the entire
thickness of Nakamura’s SUL 45 is between 50 and 400 nm (500-4,000 Å),
and not less than 50 nm as presently claimed. However, Appellants have not
addressed the Examiner’s finding that Figure 1 of Nakamura depicts layer 42
as the SUL, which does not include layer 43 of non-magnetic material which
corresponds to Appellants’ EBL. In relevant part, Nakamura expressly
teaches that “the first soft magnetic laminate layer comprises a nonmagnetic
layer and a soft magnetic layer having a thickness not larger than 500 Å[50
nm]” (para. [0060]). Accordingly, the Examiner’s reasonable position
stands unrebutted.
Nakamura is silent regarding the microcrystalline nature of the SUL.
However, as set forth by the Examiner, Hayakawa evidences that it was
known in the art to employ a soft magnetic alloy comprising
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Application 11/930,449

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microcrystalline material having an average grain size of 10 nm or less, as
presently claimed, for the purpose of providing a medium having a high
specific resistance which ensures a sufficient saturation magnetic flux
density. Hence, we concur with the Examiner that it would have been
obvious to one of ordinary skill in the art to use such a microcrystalline
material for the SUL layer of Nakamura for the disclosed advantages.
Appellants have presented no convincing argument why one of ordinary
skill in the art would not have found it obvious to use such a
microcrystalline material for the SUL layer of Nakamura, nor have they set
forth the particular microcrystalline structure that would be conventionally
used by the skilled artisan for the SUL layer of Nakamura.
As a final point, we note that Appellants base no argument upon
objective evidence of nonobviousness, such as unexpected results.
In conclusion, based on the foregoing and the reasons well stated by
the Examiner, the Examiner’s decision rejecting the appealed claims is
affirmed.

No time period for taking any subsequent action in connection with
this appeal may be extended under 37 C.F.R. §1.136(a)(1)(iv).
AFFIRMED

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