Ex Parte Hosokawa

Patent Trial and Appeal Board

Mar 29, 2018

13310337 (P.T.A.B. Mar. 29, 2018)

UNITED STA TES p A TENT AND TRADEMARK OFFICE
APPLICATION NO. FILING DATE FIRST NAMED INVENTOR
13/310,337 12/02/2011 Aki Hosokawa
44257 7590 04/02/2018
PATTERSON & SHERIDAN, LLP- -Applied Materials
24 Greenway Plaza, Suite 1600
HOUSTON, TX 77046
UNITED STATES DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
Address: COMMISSIONER FOR PATENTS
P.O. Box 1450
Alexandria, Virginia 22313-1450
www .uspto.gov
ATTORNEY DOCKET NO. CONFIRMATION NO.
015570USC1/DISPLA YI AHRDWR 5476
EXAMINER
BAND, MICHAEL A
ART UNIT PAPER NUMBER
1754
NOTIFICATION DATE DELIVERY MODE
04/02/2018 ELECTRONIC
Please find below and/or attached an Office communication concerning this application or proceeding.
The time period for reply, if any, is set in the attached communication.
Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
following e-mail address( es):
Pair_Eofficeaction@pattersonsheridan.com
psdocketing@pattersonsheridan.com
PTOL-90A (Rev. 04/07)
UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE PATENT TRIAL AND APPEAL BOARD
Ex parte AKI HOSOKA WA
Appeal2017-004521
Application 13/310,337
Technology Center 1700
Before CATHERINE Q. TIMM, BEYERL YA. FRANKLIN, and
DEBRA L. DENNETT, Administrative Patent Judges.
TIMM, Administrative Patent Judge.
DECISION ON APPEAL 1
STATEMENT OF THE CASE
Pursuant to 35 U.S.C. § 134(a), Appellant2 appeals from the
Examiner's decision to reject claims 1, 2, 5, and 6 under 35 U.S.C. § 103(a)
1 In explaining our Decision, we cite to the Specification of December 2,
2011 (Spec.), Appeal Brief of September 19, 2016 (Appeal Br.), Examiner's
Answer of November 28, 2016 (Ans.), and Reply Brief of January 27, 2017
(Reply Br.).
2 Appellant identifies the real party in interest as Applied Materials, Inc.
Appeal Br. 3.
Appeal2017-004521
Application 13/310,337
as obvious over Tamano3 in view ofHodohara4 and Horiuchi. 5 We have
jurisdiction under 35 U.S.C. § 6(b).
We REVERSE.
The claims are directed to a cylindrical target assembly including at
least two sputtering tubes secured to a backing tube with a bonding material.
Spec. i-f 29; Fig. 1. The target tubes are separated by a gap and the bonding
material forms a cylindrical surface in the gap. Spec. i-f 32. The cylindrical
surface of bonding material has one or more indents. Id. Claim 1 is
illustrative:
1. A cylindrical target assembly comprising:
a backing tube;
at least two sputtering target tubes;
an outer wall diameter of the target tubes;
a gap defined between adjacent inside comers of adjacent
target tubes; and
a bonding material securing the target tubes to the
backing tube, the bonding materials in contact with adjacent
inside comers of adjacent target tubes, the bonding material
forming a cylindrical surface in the gap, the cylindrical swface
substantially concentric to the backing tube and spaced
inwards of the outer wall diameter, wherein one or more
indents are formed in the cylindrical surface.
Appeal Br. 13 (claims appendix) (emphasis added).
3 JP 2008-184640, published August 14, 2008 (as translated).
4 JP 10-121232 A, published May 12, 1998 (as translated).
5 JP 63-100177 A, published May 2, 1988.
2
Appeal2017-004521
Application 13/310,337
OPINION
The issue on appeal is: Has Appellant identified a reversible error in
the Examiner's finding that Hodohara discloses a bonding layer having a
cylindrical surface in a gap and one or more indents in that cylindrical
surface?
Appellant has identified a reversible error in that finding.
To properly consider whether Hodo hara teaches the indents of the
claim, it is instructive to consider the specific structure required by the claim
language. We tum to the Specification for guidance.
The Specification discloses a cylindrical target assembly, shown at
100 in Figure 1, as depicted below:
180
\
FIG.1
Figure 1 is a sectional view of an embodiment of Appellant's cylindrical
sputtering target assembly
3
Appeal2017-004521
Application 13/310,337
To form the cylindrical target assembly 100, one wets the surfaces
130, 140 of target tubes 102 and backing tube 104 with a thin layer of
bonding material 106 (as shown in the magnified portion of Figure 1) and
assembles target tubes 102 on backing tube 104, separating the target tubes
102 with spacer 110 as shown in Figure 1. Spec. i-fi-1 30-31.
Figure 2A, reproduced below, shows that the spacer 110 includes
locating tabs 202. 6
Figure 2A is a perspective view of spacer 110
Tabs 202 hold spacer 110 concentric to backing tube 104 and, thus,
create concentric interstitial space 112 shown in Figure 1. Spec. i132.
Concentric interstitial space 112 is filled with bonding material 106 and this
creates a bonding material with cylindrical surface 340 in the gap as shown
in Figure 3A at 340. Figure 3A is reproduced below:
6 The Specification refers to locating tabs with the reference numeral 1202
(Spec. i132), but it is clear from Figure 2A that the tabs at 202 are the
disclosed locating tabs.
4
Appeal2017-004521
Application 13/310,337
Figure 3A is a partial sectional view of the cylindrical sputtering target
assembly of Figure 1
In the areas where the locating tab 202 touches the backing tube 104,
indents 342, as shown in Figure 3B, are formed. Figure 3B is reproduced
below:
Figure 3B is a partial sectional view of the cylindrical sputtering target
assembly of Figure 1
As is clear from the structure of the locating tabs 202 shown in Figure
2A, "indent" as that term is used in the Specification is consistent with its
ordinary and accustomed meaning of "a toothlike notch or deep recess;
indentation." indent. (n.d.). Dictionary.com Unabridged (Retrieved March
27, 2018). The indents are the impressions left by the tabs of Figure 2A.
The tabs do not extend all the way around backing tube 104. In other words,
5
Appeal2017-004521
Application 13/310,337
they do not replace the cylindrical surface entirely: The cylindrical surface
of Figure 3A is still present in the assembly.
We agree with Appellant that Hodo hara fails to teach the indents
required by the claims. As pointed out by Appellant, Hodohara is
completely devoid of a bonding material 3 with a cylindrical surface within
the gap. Hodohara Fig. 1. Hodohara has a protective plate 4 below the
bonding material 3, but protective plate 4 is not bonding material 3; it is a
completely different material. Hodohara i-f 7. So protective plate cannot
have a cylindrical surface of bonding material in the gap. Nor are there
indents in any cylindrical surface of bonding material in the gap.
Because Hodohara does not suggest forming one or more indents in
the cylindrical surface of a bonding material in the gap, there is no
suggestion within the prior art as applied by the Examiner for forming such
indents in the cylindrical surface of Tamano's bonding layer.
In summary:
1, 2, 5, 6 § 103(a)
Summar
CONCLUSION
Tamano,
Hodo hara,
Horiuchi
DECISION
The Examiner's decision is reversed.
REVERSED
6
1, 2, 5, 6
1, 2, 5, 6