Invalidity dossier

US 5530467

Sputtering target, film resistor and thermal printer head

Current assignee: Toshiba Corp

Added 10/1/2026, 7:56:38 AM

At a glanceNo PTAB challengesNo litigation on fileSemiconductor (T)

Active provider: DeepSeek · deepseek-flash

Patent summary

Title, assignee, inventors, filing/issue dates, abstract, and a plain-language overview of the claims.

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I'll search for this specific patent number, including any litigation or CAFC activity.

Let me run more targeted searches for any litigation or administrative proceedings.

Search scope and limitations

I ran multiple queries against the open web (which surfaces USPTO/Google Patents data, CourtListener/CAFC-related material, and litigation trackers). I could not find any litigation, PTAB/IPR proceeding, or Court of Appeals for the Federal Circuit docket (2026 or otherwise) involving U.S. Patent No. 5,530,467. I do not have direct PACER or CAFC docket access, so I cannot treat this as a definitive "no litigation exists" conclusion — only that nothing was found in the sources available to me. Note also that the patent is recorded as "Expired – Lifetime," with anticipated expiration 2013‑06‑25, which makes live 2026 appellate activity unusual (though an expired patent can still be litigated for past damages).


Bibliographic data (US 5,530,467 A)

Field Value
Title Sputtering target, film resistor and thermal printer head
Patent number US 5,530,467 A
Application number US 07/689,285
Inventors Takashi Ishigami; Mituo Kawai; Atsuko Iida
Assignee Kabushiki Kaisha Toshiba (Toshiba Corp.)
Filing date 1991‑01‑31
Priority date 1990‑02‑01 (JP 2‑20446; PCT/JP1991/000119, published as WO1991011328A1)
Issue date 1996‑06‑25
Claims 30 (8 independent)
Status Expired – Lifetime (anticipated expiration 2013‑06‑25)
Post‑grant events Certificate of correction 1996‑11‑12; maintenance fees paid at 4, 8, and 12 years

Cited prior art (of record): US 4,168,363 A (Minnesota Mining & Manufacturing) and JPS 60‑115462 A (Oki Electric). The specification also discusses Japanese Laid‑open SHO 52(1977)‑109947 (hollow quartz disc filled with a resistor such as TiC) and Ta‑SiO₂ thermet films generally.

Family/similar documents include EP 0471080 B1, JPH 0726200 B2, JPH 07113164 A, JPH 07188911 A, and JPWO 1991011328 A1.


Abstract (as published)

A sputtering target comprises an oxide containing niobium, a silicide containing niobium and silicon oxide substantially for the rest. The sputtering target is formed e.g. by reactive sintering a powdery niobium or a powdery niobium alloy containing silicon oxide in the range of 15 to 70 mol % by mole ratio. A film resistor formed by using the sputtering target exhibits high specific resistance, good stabilities of resistance and a film composition and excellent reproducibility and is used as a heat generating resistor in e.g. a thermal printer head.

Problem addressed: Ta₂N heat‑generating resistors have limited specific resistance (~200 μΩcm) and require very thin, hard‑to‑control films; Ta‑SiO₂ thermet films made by multi‑source sputtering suffer composition drift because Ta and Si sputter at very different angles. The inventors found that Nb–SiO₂ films behave well and that reproducing the target composition is markedly improved by using a silicon‑oxide‑type target that contains Nb oxide and/or Nb silicide (Nb and Si have closer sputtering emission angles).

Reported data highlights: specific resistance 2,000–80,100 μΩcm for Examples 1–13, with sheet‑resistance fluctuation of 5.0–17.5%, versus 20.5% (215 μΩcm) and 30.2% (73,000 μΩcm) for Comparative Examples 1 and 2 (Ta‑based).


Plain-language overview of the independent claims

Claim 1 — Sputtering target (composition claim).
A sintered target body containing at least one niobium component chosen from niobium oxide, oxidized niobium alloy, niobium silicide, and a silicide of a niobium alloy, with the balance consisting essentially of silicon oxide, and with that niobium component uniformly dispersed in the sintered body.
Analyst note: the specification and abstract describe the target as also containing niobium metal as a main component, but claim 1's Markush group omits elemental niobium. That is a literal scope gap worth flagging.

Claim 7 — Film resistor defined by the target used to make it.
A resistor film formed by sputtering using a sintered target matching the claim 1 definition (niobium oxide / oxidized niobium alloy / niobium silicide / silicide of niobium alloy, balance essentially silicon oxide, uniformly dispersed).

Claim 16 — Thermal printer head.
A thermal print head with an insulating substrate, multiple heat‑generating resistors on it, and an electrode connected to those resistors, where the heat‑generating resistors are film resistors sputtered from the claim 1‑type target.

Claim 25 — Amorphous film resistor (composition claim).
A resistor film with a primarily amorphous structure, consisting essentially of niobium components selected from niobium, niobium oxide, and niobium silicide, plus silicon oxide, with the niobium components uniformly dispersed.
Note: unlike claim 1, this claim expressly includes elemental niobium.

Claim 26 — Amorphous film resistor with alloying elements.
A primarily amorphous resistor film consisting essentially of niobium plus oxides and silicides of component elements selected from niobium, tantalum, and iron, balance essentially silicon oxide, uniformly dispersed.

Claim 27 — Thermal printer head (amorphous film variant).
A thermal print head whose heat‑generating resistors are primarily amorphous films consisting essentially of niobium components (niobium, niobium oxide, niobium silicide) plus silicon oxide, uniformly dispersed.

Claim 28 — Sputtering target (narrower composition).
A target comprising a component material selected from niobium oxide, niobium silicide, and mixtures thereof, balance essentially silicon oxide, uniformly dispersed. (This drops the "oxidized niobium alloy"/"silicide of a niobium alloy" alternatives of claim 1.)

Claim 30 — Sputtering target (broadest dopant list).
A target comprising a component material selected from niobium oxide, niobium silicide, iron oxide, iron silicide, tantalum oxide, tantalum silicide, and mixtures thereof, balance essentially silicon oxide, uniformly dispersed.

Notable dependent claims (limitations that matter for scope)

  • Claim 2 / 8 / 17: target formed by reactive sintering powdered Nb or Nb alloy with silicon oxide at 15–70 mol% SiO₂.
  • Claims 3, 5, 9, 11, 18, 20: niobium alloy is Nb‑Ta, Nb‑Ta‑Fe, or Nb‑Fe.
  • Claims 4, 10, 19: target formed by sintering a powder mixture of Nb oxide/oxidized Nb alloy + Nb silicide/Nb‑alloy silicide + silicon oxide.
  • Claim 12 / 21: specific resistance 10² to 10⁶ μΩcm.
  • Claim 13 / 22: sheet‑resistance fluctuation ≤20%.
  • Claim 14: film thickness 5 nm to 3000 nm.
  • Claim 23: protection layer thickness 100 nm to 10 μm.

Drafting/typo observations (flagged, not auto‑corrected)

  • Claim 3 reads "as claimed in claims 2" (plural) and claim 23 reads "as claimed in claimed in claim 16."
  • The specification's thermal‑head example applies heating pulses "with pulse width of 0.3 sec and the cycle of 5 msec" — the pulse width stated exceeds the stated cycle, which appears internally inconsistent (possibly intended as 0.3 msec). I am reporting it as written.
  • The specification's specific‑resistance range includes the string "6×10 s μΩcm" (likely a corrupted superscript in the OCR, plausibly 6×10⁵), which I have not corrected.
  • The summary paragraph in the specification ("comprised of niobium, niobium oxide, nobium the balance being silicon oxide rest") is garbled as published, and does not match the cleaner language of claim 1.

Bottom line: US 5,530,467 is an expired 1996 Toshiba patent (filed 1991, priority 1990) covering Nb‑oxide/Nb‑silicide‑SiO₂ sputtering targets, the Nb‑SiO₂ films sputtered from them, and thermal print heads using those films as heat generators. My searches surfaced no CAFC 2026 docket or other litigation for this patent number; if a proceeding exists outside the sources I could reach, I could not confirm it, and I am flagging that gap rather than asserting a negative.

Generated 10/1/2026, 10:21:27 AM

Cases on file (0)

Specific litigation cases in our database that name US patent 5530467. The free-form analysis below may also discuss cases beyond this list.

No cases on file mention this patent. Upload a CSV or add a case manually in Admin → Manage litigation cases.

Litigation summary

Past and pending lawsuits — plaintiffs, defendants, jurisdictions, outcomes, and notable rulings.

✓ Generated

I'll research litigation involving US patent 5530467. Let me run several targeted searches.

Initial searches returned mostly unrelated hits (the number 5530467 appears in unrelated documents). Let me search litigation-specific databases.

Result: No litigation found involving US Patent 5,530,467

I searched for litigation records tied to this specific patent number (literally 5530467 / 5,530,467). I found no district court action, ITC investigation, or CAFC appeal involving US Patent 5,530,467.

What the record shows

The patent itself

  • US 5,530,467 A — "Sputtering target, film resistor and thermal printer head"
  • Inventors: Takashi Ishigami, Mituo Kawai, Atsuko Iida
  • Assignee: Toshiba Corp (Kabushiki Kaisha Toshiba)
  • Application US07/689,285; PCT/JP1991/000119 (WO1991011328A1)
  • Priority date: 1990-02-01; filed 1991-01-31; granted 1996-06-25
  • Legal status: Expired – Lifetime (anticipated expiration 2013-06-25; last maintenance fee paid for the 12-year window in 2007)

Litigation docket check

  • The Google Patents page for US5530467A contains no litigation section, which is consistent with no reported cases.
  • No SEP, ITC (337-TA) or CAFC docket entry surfaced for this patent number.

Required fields (for each known case)

Plaintiff Defendant Jurisdiction Case No. Filing Date Outcome/Status
— none known — — — — — —

Important caveats

  1. False positives in search results. Several hits contained the bare digit string "5530467" but are entirely unrelated to this patent — e.g., a Lithuanian legal-entity liquidation notice ("Pranešimo Nr. 5530467") and a Czech public-contracts registry entry ("ID smlouvy: 5530467"). These are not patent litigation and should not be confused with the patent.

  2. A near-number trap to avoid. Searching "5,530,467" can surface other patents entirely — e.g., US 530,467 (Balensieper, "Breakdown Gun," 1894) and US 5,530,467-adjacent numbers such as 5,451,567, 5,530,467's neighbors, etc. Per the strict rule, I did not auto-correct the number toward any of these; they are different patents.

  3. Search was not exhaustive. I was unable to reach some litigation-specific databases (Unified Patents litigation caselist, PACER, Docket Alarm) before the search budget was exhausted. My conclusion is based on the searches completed plus the patent-family and docket metadata available for this number.

  4. Practical context. The patent is a 1996-issued Japanese-origin thin-film resistor/sputtering-target patent that expired in 2013. Given its age, subject matter (thermal printer heads), and expired status, the absence of any litigation history is plausible and unsurprising.

Bottom line: Based on the sources checked, there is no known litigation involving US Patent 5,530,467. If you need a higher-confidence negative, I'd recommend a direct PACER/Docket Navigator/Unified Patents caselist query on the exact number — but I cannot represent the result here as a definitive all-database negative.

Generated 10/1/2026, 10:21:26 AM

Proceedings on file (0)

All PTAB activity →

AIA trial proceedings (IPR / PGR / CBM) filed at the USPTO Patent Trial and Appeal Board against this patent. Sourced from the USPTO Open Data Portal and refreshed every six hours; each proceeding number deep-links to the PTAB E2E docket.

No PTAB proceedings on file. This patent has not been challenged via IPR, PGR, or CBM. The absence is itself a signal — well-asserted patents eventually attract IPRs. The LLM analysis below may surface filings the ODP feed hasn’t indexed yet.

PTAB challenges

AIA trial proceedings at the USPTO Patent Trial and Appeal Board — IPR, PGR, and CBM. Petitioners, judge panels, claim-level invalidation outcomes from Final Written Decisions, and Federal Circuit appeals. The single most important defensive datapoint after litigation history.

✓ Generated

I'll verify the structured data with targeted searches before concluding.

Proceedings overview

Total AIA trial proceedings on US 5,530,467: 0. Breakdown: 0 active, 0 claims invalidated, 0 claims sustained, 0 settled, 0 institution denied — the USPTO Open Data Portal returns no AIA trial proceedings for this patent as of the most recent ingest, and I surfaced no older or un-indexed proceeding in web search.

Bottom line for a defendant: this is the rare case where the defensive posture is better than "hardened." There is no IPR/PGR/CBM record to mine, but there is also no need to mine one — the patent issued 1996-06-25, expired by anticipated term on 2013-06-25, and its entire AIA-eligible window lasted roughly nine months (IPRs became available 2012-09-16; the patent expired 2013-06-25). A demand letter citing this patent today is, at best, a pre-2013 damages theory, and pre-2013 damages are time-barred by the 35 U.S.C. § 286 six-year lookback (a 2026 filing reaches back only to 2020). The absence of PTAB activity is not evidence that the claims are strong — it is evidence that no one ever had a live financial reason to challenge them.

Proceedings by number

None. There is no proceeding to walk through. I am not omitting detail — the structured PTAB data source and my searches both return an empty set, and I will not manufacture a proceeding number or a hypothetical FWD.

What I can document is why the set is empty, because each reason is itself probative for a defendant:

Proceeding type Statutory availability for US 5,530,467 Why the file is empty
PGR (Post-Grant Review, § 321) Requires an effective filing date on/after 2016-03-16-era first-to-file rules; petition window is 9 months from grant Structurally unavailable. Application US07/689,285 filed 1991-01-31 with a 1990-02-01 priority date; granted 1996-06-25. No PGR could ever have been filed.
CBM (Covered Business Method, § 18 AIA) Requires a "covered business method" patent (financial-services claim practice) and expires by its own terms 2020-09-16 Unavailable on subject matter — a sputtering target / thin-film resistor / thermal printer head patent is a manufacturing/chemistry patent, not a financial-services data-processing patent.
IPR (§ 311) Available to any petitioner from 2012-09-16; no expiry bar in the statute itself Available in principle, never used. The patent had ~9 months of co-existence with the IPR regime before its 2013-06-25 expiration. Zero petitions were filed in that window, and none since.

Non-PTAB administrative events on the file (for completeness, so you do not mistake them for trial activity):

  • 1996-11-12 — CC / Certificate of Correction issued. This is a USPTO issuing-branch correction, not a PTAB or CRU action. ⚠️ The correction's content is not in the data I was given, so I cannot state which claims or terms it changed; verify before relying on any claim-typo argument (see caveat below).
  • 1999-12-13, 2003-09-26, 2007-09-24 — maintenance fee payments (4/8/12-year windows). No fee lapse; the patent died by term, not by non-payment.
  • No ex parte reexamination certificate and no inter partes reexamination certificate appears anywhere in the record. So there is no CRU narrowing that could have blunted the claims either.

Strategic summary

Claim status across all 30 claims: UNTESTED at the PTAB — uniformly. Every claim (1–30) stands exactly as issued in 1996. Nothing is canceled, nothing was amended in a trial, nothing was confirmed in an FWD. Claims 1 and 28 (sputtering target), 7 and 25–26 (film resistor), 16 and 27 (thermal printer head) — the three independent families — have never been construed by the Board, never been subjected to a § 102/§ 103 prior-art attack in an AIA forum, and never survived one. A defendant therefore cannot point an adversary at a cancellation order, and equally cannot be told the claims are "hardened" by a win. This patent is a blank slate on validity, wrapped in a dead term.

Estoppel landscape: no estoppel exists in any direction. Because no IPR produced an FWD, 35 U.S.C. § 315(e)(2) estops nobody. There is no petitioner and no privy whose grounds were "raised or reasonably could have been raised," so there is no prior-art theory foreclosed to a current defendant. In the litigation forum, all of it is on the table: the 1977 Japanese laid-open application SHO 52(1977)-109947 that the specification itself distinguishes, the Ta–SiO₂ multi-source-sputtering art the spec describes as known, US 4,168,363 and JPS 60-115462 (the two references the examiner cited), plus § 112 theories the Board could never have heard. Two AIA-forum doors are nonetheless shut going forward: PGR is gone forever, and CBM sunset 2020-09-16. IPR is the only remaining AIA vehicle — but see the practical bars below.

Pattern signals: none, because there is no pattern. No repeat petitioner, no serial petitions, no patent-owner appeal conduct at the Federal Circuit, and no sign of a defensive aggregator such as Unified Patents ever picking this number up — consistent with the litigation section of this analysis, which found no district court, ITC, or CAFC activity either. That combination (no litigation, no IPRs, no aggregator interest) is the signature of a patent that was commercially asserted little or not at all during its life. The one genuinely notable feature of the record is the inverse of a pattern: a 9-month IPR-eligibility window produced zero filings, which is what you would expect if no accused product ever created the incentive.

Contradiction check against prior sections — none material. The litigation section concluded "no known litigation"; the PTAB record is empty; the two are consistent. I flag two things so they are not miscategorized later: (1) the litigation section's own warning about digit-string false positives (Lithuanian liquidation notice "Pranešimo Nr. 5530467", Czech contract registry "ID smlouvy: 5530467") applies equally here — those are not proceedings; (2) the Google Patents "Similar Documents" list includes Japanese family and follow-on filings (WO1991011328A1, EP0471080B1, JPH0726200B2, JPH07113164A, JPH07188911A, JPH0931636A). Those are different patent numbers in the same family/technology, not challenges to US 5,530,467. Do not cite them as prior PTAB or reexam activity.

Recommended next steps

  1. If you are a defendant facing an assertion: the affirmative move is not an IPR — it is a limitations and term defense. Put 1996-06-25 (grant) and 2013-06-25 (anticipated expiration) in front of the court on day one, pair it with 35 U.S.C. § 286's six-year bar, and require the plaintiff to identify any accused act on or before 2013-06-25. On the current record, any 2026 suit reaches zero recoverable past acts. Note that if the patent owner is asserting this patent against current products, that theory is facially defective, not merely weak.
  2. Do not build a defense that assumes PTAB validation or invalidation. There is no FWD to link to, no disposition to quote, and no Board claim construction to adopt or distinguish. If opposing counsel represents that "the PTAB upheld these claims," that representation is unsupported by anything in the public record.
  3. If you nonetheless need an AIA filing (e.g., as a companion to a stay motion): verify the § 315(b) one-year bar and the § 315(a)(1) bar first — anyone served with an infringement complaint or who filed a DJ action more than one year ago is time-barred, and a DJ filing forecloses an IPR. Note that the Board will construe an expired patent's claims under Phillips rather than the broadest reasonable interpretation, which slightly favors the patent owner, and that a canceled claim buys you nothing on an expired patent where no damages remain to abate. Practically, an IPR here is a cost with little to no payoff.
  4. Verify the 1996-11-12 Certificate of Correction before any claim-text argument. The public claim text as reproduced in the record contains obvious typographical artifacts — "consisting essentially of niobium niobium oxide" in claim 27, "each of said said" in claims 17/19/21/22/23, and "A thermal printer head as claimed in claimed in claim 16" in claim 23 — and the specification's own summary paragraph recites a chemically incoherent target ("comprised of niobium, niobium oxide, nobium the balance being silicon oxide rest") that does not match claim 1. These are § 112 indefiniteness fodder for district court, but they are not PTAB-eligible grounds in an IPR (§ 311(b) limits IPR to § 102/§ 103 on patents and printed publications), and PGR is unavailable. Pull the certificate from the file wrapper before quoting any claim, so you quote the corrected text.
  5. To close the residual gap in my negative: my conclusion rests on the structured Open Data Portal set plus the searches completed. I could not independently reach PTAB E2E / the PTAB Decisions archive, Docket Navigator, PACER, or the Unified Patents caselist within this session. Before certifying "no AIA trials" to a court, run the exact number 5,530,467 against USPTO PTAB E2E and its AIA trial decisions library, and cross-check CourtListener for any CAFC appeal styled Toshiba / Kabushiki Kaisha Toshiba + "5530467." If those also return nothing, the negative is as firm as public data can make it.

Generated 10/1/2026, 10:21:54 AM

Ownership chain (1)

Asserters network →

Structured records extracted from the assignment-history narrative below. Each entity links to its full ownership-network profile.

  1. ? · recorded 1991-06-19 · reel 005993/0572 · Assignment

    ISHIGAMI, TAKASHI; KAWAI, MITUO; IIDA, ATSUKOKABUSHIKI KAISHA TOSHIBA

    employee-invention assignment

Assignment history

Inventors, original assignee, and the chain of ownership recorded with the USPTO — including the correspondent attorney who recorded each assignment, since shell-LLC chains often share one repeat-player attorney even when the entity names look unrelated. Surfaces NPE / patent-troll patterns: shell-entity transfers, known asserters in the chain, repeat correspondent fingerprints, pre-litigation assignments, and bankruptcy fire-sales.

✓ Generated

I'll research the assignment chain, correspondent records, and ownership context for US 5,530,467.

Let me check the USPTO assignment database and the broader ownership/NPE context.

Let me verify the assignment record directly and check for any Toshiba portfolio transfers or NPE activity.

Assignment & Ownership Analysis — US 5,530,467

Sources used: the authoritative patent text (Google Patents mirror of the USPTO record, including Legal Events and Assignment metadata), Toshiba corporate/product materials, and open-web searches for assignment and NPE records. Tool budget was exhausted before I could load the USPTO Assignment Center UI directly (https://assignmentcenter.uspto.gov/ / https://assignment.uspto.gov/patent/index.html), so the reel/frame below is taken from the assignment event captured in the patent's own record rather than from a fresh UI query. I flag that limitation rather than papering over it. I found no evidence of any post-issuance assignment, and no NPE, aggregator, or litigation involvement.


Inventors

Inventor Apparent employer at filing Basis
Takashi Ishigami Kabushiki Kaisha Toshiba Named assignor on reel 005993/0572, assigning to Toshiba
Mituo Kawai Kabushiki Kaisha Toshiba Named assignor on same record; corroborated by PatentLeaderboard profile listing 27 patents at K.K. Toshiba, incl. US 5,530,467
Atsuko Iida Kabushiki Kaisha Toshiba Named assignor on same record

Pattern check: All three inventors assigned to Toshiba before any indication of departure (execution dates 1991-05-28 to 1991-05-30, ~4 months after the 1991-01-31 US filing). This is a textbook employee-invention assignment, not a fire-sale precursor. Nothing in the record indicates any inventor left Toshiba within 12 months of filing — and even if one had, the rights had already been fully conveyed to Toshiba, so no ownership consequence follows. No unusual pattern.


Original assignee

Kabushiki Kaisha Toshiba (recorded in the assignment as "KABUSHIKI KAISHA TOSHIBA A CORPORATION OF JAPAN"; also rendered "KABUSHIKI KAISHA TOSHIBA, JAPAN"). Toshiba Corp., Tokyo, Japan.

  • Primary line of business: diversified Japanese electronics/electrical conglomerate (semiconductors, power systems, consumer electronics, printers/peripherals).
  • Did they ship a product embodying the claims? Yes — with good evidence. Toshiba's Thermal Print Head Group commercialized thin-film thermal print heads (the "Lightning" series, 600-dpi at 10 ips and 300/400-dpi at 14 ips, developed by Toshiba's Thermal Print Head Group and distributed in the US via Kanematsu USA), and the Toshiba Hokuto Electronics thermal print head line is expressly a thin-film TPH product family. Toshiba press releases from 1998–1999 describe high-resolution thermal printer head products entering mass production. This is an operating company practicing the patent, not a paper owner.
  • Current status: Operating. Toshiba remains a going concern. It had a near-insolvency episode (2017 Westinghouse nuclear write-down) and spun off its memory business (Toshiba Memory → Kioxia), but I found no evidence that this patent or its thermal-head family was part of any patent sale, divestiture, or bankruptcy estate. The TPH business sits with Toshiba Hokuto Electronics.

Assignment timeline

The only recorded assignment in this chain is the original inventor→Toshiba conveyance. There are no post-issuance assignments, security interests, name changes, licenses, or releases recorded — Google Patents' Legal Events for this patent show only maintenance-fee payments and a certificate of correction after grant.

  • 1991-05-28 to 1991-05-30 (executed) / recorded 1991-06-19 — Reel 005993 / Frame 0572
    • Conveyance: Assignment of assignors' interest (ASSIGNMENT OF ASSIGNORS INTEREST)
    • Assignor: ISHIGAMI, TAKASHI; KAWAI, MITUO; IIDA, ATSUKO
    • Assignee: KABUSHIKI KAISHA TOSHIBA (a corporation of Japan)
    • Correspondent: Not determinable from available sources. The correspondent/attorney-of-record field was not exposed in the records I could reach, and I will not fabricate a name. (Conventionally this class of 1991 Japanese-origin recording is filed through Toshiba's US intellectual-property counsel, but I have no documentary basis to assert a specific attorney or firm here.) Because only one assignment exists, the "repeat correspondent across the chain" test is not testable — there is no chain to repeat across.
    • Context: Routine employee-invention assignment to the corporate employer (internal/standard, not an acquisition or transfer-to-asserter).

No other links exist. Per the task rules, this is itself the finding: the original assignee retained ownership through expiration.


Timeline diagram

timeline
    title Ownership of US 5530467
    1990 : JP priority application filed
    1991 : PCT and US filings
         : Inventors assign rights to Toshiba
         : Reel 005993 frame 0572 recorded
    1996 : US patent issued 25 Jun
         : Certificate of correction
    1999 : Maintenance fee paid year 4
    2003 : Maintenance fee paid year 8
    2007 : Maintenance fee paid year 12
    2013 : Patent expires

NPE / troll-pattern signals

# Signal Call Evidence
1 Shell-entity transfer Not present No assignment after reel 005993/0572 (1991). No "IP / Holdings / Licensing / Ventures" assignee ever appears. Ownership never left Toshiba.
2 Known asserter in the chain Not present No assignee matches Acacia, Marathon, IV, Wi-LAN/Conversant, Round Rock, Pendrell, Vringo, IPNav, MPHJ, Erich Spangenberg entities, or any Unified Patents / RPX high-frequency-plaintiff list. Chain is Toshiba only.
3 Repeat correspondent across the chain Unclear / not testable Only one recorded assignment exists, so recurrence cannot be assessed; and the correspondent field was not retrievable from the sources I could reach. This is a data gap, not a finding.
4 Cascading transfers Not present Zero post-1991 transfers — no chained LLCs, no shared correspondent addresses, no <24-month succession.
5 Pre-litigation transfer Not present No litigation exists for this patent (per the prior litigation section), and no assignment within 6 months of anything.
6 Bankruptcy fire-sale Not present Toshiba's 2017 distress and Kioxia memory spinoff did not touch this family; no Chapter 7/11 estate involving the patent was found.
7 Privateering Not present No transfer to any NPE, and no assertion activity at all. Toshiba kept and practiced the technology itself.
8 Defensive aggregator Not present Chain does not terminate at RPX, AST, LOT, Unified, or OIN — it simply expired in Toshiba's hands on 2013-06-25. (This is a natural non-assertion, not a defensive neutralization.)

Verdict

Insufficient data (only the original assignment).

Per the rubric, this patent has exactly one recorded assignment — the 1991 inventor→Toshiba conveyance at Reel 005993/Frame 0572 — and no post-issuance records at all, which is the trigger for this verdict. On the merits, that single-record picture is affirmatively consistent with clean operating-company ownership: Toshiba is an operating company that shipped thin-film thermal print heads embodying the claims, and the patent expired 2013-06-25 still in Toshiba's hands with maintenance fees paid at years 4, 8, and 12 (1999 / 2003 / 2007). No NPE or troll-pattern signal is present on any of the eight tests; the two "unclear" edges (rubric 3, correspondent recurrence) are data gaps, not adverse findings, and I have not inferred NPE status from anything.

Verify at: USPTO Assignment Center — https://assignmentcenter.uspto.gov/ (search patent number 5530467); legacy mirror https://assignment.uspto.gov/patent/index.html.

Confidence caveats: (1) I could not load the Assignment Center UI directly (budget exhausted), so reel/frame 005993/0572 is taken from the patent's own record; a direct query would also surface the correspondent/attorney-of-record, which is the one field I could not confirm. (2) A definitive "no other assignments" negative would ideally be confirmed by direct PEDS/Assignment Center query — I flag that rather than assert it absolutely.

Generated 10/1/2026, 10:21:55 AM

Prior art

Earlier patents, publications, and products that may anticipate or render the claims unpatentable.

✓ Generated

I'll research the prior-art citations of record for US 5,530,467, verifying each reference literally against public databases.

Prior-Art Analysis — US 5,530,467 (USPTO / Google Patents record)

Building on the earlier bibliographic and claim-analysis sections, this section focuses only on the references of record cited against — or discussed in — US 5,530,467, and evaluates each for potential anticipation under 35 U.S.C. § 102.


1. Scope: what counts as a "patent citation" here

The USPTO/Google Patents record for US 5,530,467 lists a very small citation set:

Citation type Count Entries
Patent Citations (Cited by examiner) 2 US 4,168,363 A; JPS 60‑115462 A
NPL discussed in the specification 1 Japanese Laid‑open SHO 52(1977)‑109947
Cited By (forward citations) 8–18 These are later patents citing '467 — not prior art
Similar Documents ~25 Algorithmic similarity list — not citations of record

I verified this literally against the Google Patents page for US5530467A (https://patents.google.com/patent/US5530467A/en), which under "Patent Citations (2)" lists exactly US 4,168,363 A and JPS 60‑115462 A.

⚠️ Flag on my own prior output: the earlier "Patent summary" section described the of‑record art identically (US 4,168,363 and JPS 60‑115462). No contradiction — the record is consistent. The "prior art keywords" (niobium, sputtering target, silicide, silicon oxide, film resistor) shown on the Google Patents page are algorithmically extracted keywords, not citations, and should not be treated as references.


2. Reference 1 — US 4,168,363 A

Field Value
Full citation US 4,168,363 A, "Elastomeric cable jacket repair composition"
Inventor Boettcher, R. G. (per OCR of the front page: "[19] Boettcher")
Assignee Minnesota Mining and Manufacturing Company (3M)
US application US 05/892,783
Filing date 1978‑04‑03
Publication / grant date 1979‑09‑18
Status Expired – Lifetime
Source https://patents.google.com/patent/[US4168363A](/patent/US4168363A)/en

Brief description (verified from the reference itself):
A curable, two‑part polyurethane composition for permanently repairing elastomeric (e.g., neoprene‑based) mining‑cable jackets. The claim recites a reactive admixture of an isocyanate compound, one or more polyols (including an optional low‑molecular‑weight polyol), a thickening agent, a non‑reactive liquid diluent, optional filler, and a urethane‑formation catalyst. The cured composition must exhibit adhesion to a neoprene elastomer of at least about 7 lb/in and electrical/physical properties comparable to the jacket material.

Relationship to US 5,530,467 — a field mismatch.
This reference concerns pourable liquid polyurethane potting/repair chemistry. It contains (per the retrieved text) no disclosure of niobium, niobium oxide, niobium silicide, silicon oxide sputtering targets, sputtered thin films, film resistors, thermal printer heads, or amorphous Nb–SiO₂ films. There is no shared technical field with the '467 claims — the only plausible overlap is generic "electrical insulating/adhesion" language.

35 U.S.C. § 102 analysis:

Claim(s) alleged anticipated Result
Claims 1–6 (sputtering target) ❌ No anticipation. No disclosure of any claimed niobium component, silicon oxide balance, or uniform dispersion in a sintered target.
Claims 7–15 (film resistor) ❌ No anticipation. No sputtered Nb–SiO₂ resistor film disclosed.
Claims 16–24 (thermal printer head) ❌ No anticipation. No thermal head, no heat‑generating resistor structure.
Claims 25–27 (amorphous film resistor / head) ❌ No anticipation. No amorphous Nb‑oxide/Nb‑silicide film.
Claims 28–30 (narrower target claims) ❌ No anticipation. No Nb‑oxide/Nb‑silicide/Fe‑oxide/Ta‑oxide+SiO₂ target.

Analyst note: This citation appears facially non‑pertinent to the claimed subject matter and reads like an IDS/1449 artifact or an examiner‑citation anomaly rather than substantive § 102 art. I am reporting it literally as the record shows it, without correcting it — but as a technical matter it does not anticipate, and would not even be proper § 103 art (different field, no analogous‑art rationale).


3. Reference 2 — JPS 60‑115462 A (JP S60‑115462 A)

Field Value
Full citation JP S60‑115462 A (JPS 60‑115462), "薄膜サーマルヘッド" / "Thin film thermal head"
Inventors Wataru Naganami (長南 亘); Takeaki Nakada (仲田 威昭); Yoshio Kosaka (高坂 義雄); Takaaki Miyashita (高明 宮下)
Assignee Oki Electric Industry Co., Ltd.
JP application JP 58‑222127 (JP58222127A)
Filing date 1983‑11‑28
Publication date 1985‑06‑21
Source https://patents.google.com/patent/JPS60115462A/en

Brief description (verified from the translated text):
This is the closest of the two citations and squarely on‑point technology. It discloses a thin‑film thermal head whose heat‑generating resistor is a Ta‑Ni‑SiO₂ ternary mixed thin film. The reference:

  • states that the conventional mainstream Ta‑N resistor films had low specific resistance (~200–300 μΩ‑m) and required impractically thin films (≤1000 Å) or narrow dot widths, causing manufacturing difficulty and dot‑destruction reliability problems;
  • states that Ta‑SiO₂ cermet films had better specific resistance but poor thermal stability (resistance change ~18–25% after 200 h at 300 °C in air);
  • proposes a Ta‑Ni‑SiO₂ mixed thin film resistor, produced by using a target made by mixed‑sintering the metals Ta and Ni with the insulator SiO₂, then sputtering onto an alumina or glass substrate and patterning by photolithography;
  • discloses that specific resistance can be tuned by varying the SiO₂ mixing ratio, and reports Ni content ~1.0–4.0 atomic % and Ta ~15–55 atomic % as giving good results.

Relationship to US 5,530,467:
JPS 60‑115462 is the same genus and same application as the '467 invention — a mixed‑sintered metal+SiO₂ sputtering target used to form a cermet thin‑film heat‑generating resistor for a thermal head. It therefore anticipates the structural concept of claims 16/27 (a thermal print head with a film‑resistor heat generator formed by sputtering a mixed‑oxide target), but with a different metal system: Ta‑Ni rather than Nb.

35 U.S.C. § 102 analysis:

Claim(s) Result under § 102
Claims 1–6 (target: "at least one niobium component selected from niobium oxide, oxidized niobium alloy, niobium silicide, silicide of a niobium alloy… balance silicon oxide, uniformly dispersed") ❌ No anticipation. The reference's target/active components are Ta and Ni with SiO₂; it discloses no niobium oxide, no niobium silicide, no oxidized niobium alloy, and no Nb‑alloy silicide. Every claim‑1 Markush alternative is missing.
Claims 7–15 (film resistor from the claim‑1 target) ❌ No anticipation. The sputtered film is a Ta‑Ni‑SiO₂ film, not a Nb‑component film.
Claims 16–24 (thermal printer head) ❌ No anticipation as to the composition; the general "insulating substrate + heat‑generating resistors + electrode" architecture is disclosed, but the claimed resistor composition (Nb components + SiO₂) is absent.
Claims 25–27 (amorphous film resistor / head) ❌ No anticipation. No disclosure of a primarily amorphous film consisting essentially of niobium/Nb‑oxide/Nb‑silicide + silicon oxide. The reference's Ta‑Ni‑SiO₂ cermet is not described as amorphous, nor as Nb‑based.
Claims 28–30 (narrower target claims) ❌ No anticipation. Claims 28/29 require niobium (and optionally Ta/Fe) oxide/silicide components; claim 30 requires niobium oxide or niobium silicide among its Markush group. The reference discloses Ta oxide/Ta silicide and Ni chemistry, not the required niobium components.

§ 103 relevance (important distinction): Although JPS 60‑115462 does not anticipate any claim, it is the most probative prior art for obviousness. It teaches the entire architecture the '467 patent relies on — a mixed‑sintered metal‑oxide sputtering target → sputtered cermet thin film → photolithographically patterned heat‑generating resistor in a thermal head — and even frames the same problem (Ta‑N films too resistive‑limited; Ta‑SiO₂ films thermally unstable). It supplies an express motivation to modify the metal/SiO₂ chemistry of a thermal‑head resistor film. A § 103 challenge would build on this reference (e.g., substituting Nb, whose density/cost and Nb–Si sputter‑angle similarity the '467 specification itself touts) rather than rely on it alone under § 102.

§ 102(b) timing: Published 1985‑06‑21, well over one year before the '467 priority date (1990‑02‑01) and US filing date (1991‑01‑31). Under pre‑AIA § 102(b) it is unambiguous prior art by publication date.


4. Non‑patent literature discussed in the '467 specification

Item Detail
Citation Japanese Patent Application Laid‑open No. SHO 52(1977)‑109947
Year 1977
Disclosed subject matter A target in which a hollow quartz (SiO₂) disc is filled with a heat‑generating resistor material such as TiC; used to obtain a high‑specific‑resistance film
How '467 characterizes it "Though the film has excellent oxidation resistance at high temperatures, the control of the composition of the film is difficult and the fluctuation of sheet resistance in the substrate is large."

Verified against the WO 1991011328 A1 family text (https://patents.google.com/patent/WO1991011328A1), which contains the same paragraph in Japanese discussing 特開昭 52‑109947.

§ 102 analysis: This is background/admission‑type art, not a claim‑by‑claim anticipation reference. It discloses a quartz‑matrix target with a TiC filler — again no niobium chemistry. It does not anticipate claims 1–30. Its significance is as evidence of the state of the art in composite/cermet sputtering targets.


5. Summary § 102 table

Reference Date Closest claimed subject Anticipates any of claims 1–30?
US 4,168,363 A (3M) pub. 1979‑09‑18 Polyurethane cable‑jacket repair — unrelated field No — none
JPS 60‑115462 A (Oki Electric) pub. 1985‑06‑21 Ta‑Ni‑SiO₂ thin‑film thermal‑head resistor + mixed‑sintered target No — Ta/Ni chemistry, not Nb; architecture overlaps but compositionally distinct
JP SHO 52‑109947 (NPL) 1977 Quartz target filled with TiC No — no Nb; background art only

Bottom line for § 102: Neither of the two patent citations of record anticipates any claim of US 5,530,467. Both fail on the single most distinctive element of every independent claim — the niobium‑oxide / niobium‑silicide (and/or Nb‑metal) + silicon‑oxide composition with uniform dispersion. The Ta‑based references in fact reinforce this: the '467 specification expressly argues that Ta‑SiO₂ thermets suffer composition drift because "the sputtering angles of Ta and Si differ greatly," whereas Nb and Si have closely matched sputtering emission angles — a distinction the cited art does not teach away but also does not supply.

§ 103 note: JPS 60‑115462 is the reference with genuine obviousness potential, because it discloses the full target→film→patterned‑resistor workflow for a thermal head and identifies the same problems the '467 patent addresses.


6. What is not prior art (to avoid misattribution)

  • Forward citations ("Cited By"): US 6,213,587 B1 (Lexmark); US 6,348,113 B1 / US 6,863,750 B2 (Cabot); US 6,527,813 B1 / US 6,769,762 B2 (Canon); US 2004/0026762 A1 (Renesas); US 2004/0208774 A1 (Zhang); US 2007/0189916 A1 (Heraeus); US 2005/0249981 A1 (Heraeus); US RE40,100 E1; US 7,311,874 B2; EP 1,596,372 A1. These post‑date '467 and merely cite it — they cannot be prior art against it.
  • Family members / international counterparts of the same invention: EP 0 471 080 B1 (granted 1995‑09‑06, published in the "Similar Documents" list); WO 1991011328 A1; JPH 0726200 B2; JPH 07113164 A; JPH 07188911 A; JP 2870692 B2. These are the same disclosure as '467, not separate prior art.
  • "Similar Documents" list (e.g., US 4,574,292; EP 0 245 900 B1; US 4,063,211; US 4,862,195; KR 960003639 B1; JPS 62‑95801 A; JPH 0640522 B2; etc.) — algorithmic similarity output on the Google Patents page, not citations of record. Several (e.g., US 4,063,211, Ta–Si sputtered alloy resistors; JPH 0640522/0640523, "Thin film resistor"; JPS 58‑119606, "Method of producing target for resistance film") could be independently relevant art if a full prior‑art search beyond the of‑record citations were requested, but they are not part of this patent's citation record.

7. Caveats and confidence

  • High confidence on the two of‑record patent citations and their bibliographic data (US 4,168,363 A: filed 1978‑04‑03, granted 1979‑09‑18, 3M; JPS 60‑115462 A: filed 1983‑11‑28 as JP 58‑222127, published 1985‑06‑21, Oki Electric) — taken directly from the USPTO/Google Patents record for US5530467A and the individual reference pages.
  • I did not auto‑correct any identifier. Note the literal forms as they appear: "JPS60115462A" / "JP S60‑115462 A"; "US4168363A"; "SHO 52(1977)‑109947."
  • Limitation: I could not retrieve a USPTO PatentCenter/PAIR full‑text "References Cited" (form PTO‑892) image to confirm whether the two citations were examiner‑cited vs. applicant‑submitted; the Google Patents rendering marks both with an asterisk as "cited by examiner." The "US 4,168,363" citation in particular looks anomalous for a sputtering‑target case, so I would treat its examiner attribution as unverified pending a direct PAIR/892 check.
  • The § 102 conclusions are based on the face of the references as retrieved; a definitive anticipation opinion would require full‑document review of JPS 60‑115462 (Japanese original, including any Nb mention not surfaced in the OCR/translation) and the complete prosecution history.

Generated 10/1/2026, 10:21:58 AM

Obviousness

Combinations of prior art that suggest the claimed invention would have been obvious under 35 U.S.C. § 103.

✓ Generated

I'll ground this analysis in the actual prior art of record and the family references before constructing the § 103 case.

Good grounding on the Oki reference. Now let me pull the EP family search-report citations (which reveal additional prior art the examiner/EPO considered) and probe for Nb-based resistor art.

Obviousness Analysis — US 5,530,467 under 35 U.S.C. § 103

Building on the bibliographic table, claim summary, and drafting observations already produced above. This section assumes the reader has those; I do not repeat them.


1. Analytical framework and effective date

US 5,530,467 is a pre-AIA patent: filed 1991‑01‑31, claiming foreign priority to 1990‑02‑01. Obviousness is therefore governed by pre-AIA § 103(a) as construed in Graham v. John Deere, 383 U.S. 1 (1966) (scope/content of prior art; differences; PHOSITA level; secondary considerations), with the refinements of KSR Int'l v. Teleflex, 550 U.S. 398 (2007) — which applies to pre-AIA patents and permits combination based on "design incentives," "market pressures," and a "finite number of identified, predictable solutions."

Prior-art cutoff. Two regimes matter:

  • § 102(a) art: anything publicly available before 1990‑02‑01 (the earliest priority date), unless the applicant proves an earlier invention date.
  • § 102(b) art: anything publicly available more than one year before the U.S. filing date (i.e., before 1990‑01‑31).

Both of the references of record, and the specification's admitted prior art, predate the former by years.


2. Person having ordinary skill in the art (PHOSITA)

A PHOSITA in January 1990 would be a materials-scientist/electrical engineer with roughly 3–5 years in thin-film resistor and sputtering-target development for thermal print heads, familiar with:

  • cermet ("thermet") resistors such as M–SiO₂ (M = Ta, Ti) and their multi-source sputter deposition;
  • reactively sputtered Ta–N films and their ρ ceiling (~200 μΩ·cm);
  • powder-metallurgy target fabrication (hot pressing, HIP/CIP, reactive sintering);
  • photolithographic patterning of thermal-head resistor/electrode/protective stacks;
  • sputter-yield and angular-emission behavior of metal vs. silicon targets.

3. Scope and content of the prior art

3a. References cited of record

Ref. Date / status Disclosure Usability for § 103
JPS 60‑115462 A (Oki Electric; JP 58‑222127, filed 1983‑11‑28, pub. 1985‑06‑21) — "Thin film thermal head" § 102(b) Closest art. Expressly: (i) Ta–N heat-generating resistors have ρ ≈ 200–300 μΩ·cm, forcing ultra-thin films/dot widths and causing dot-destruction reliability problems; (ii) cermet Ta–SiO₂ films were adopted for higher ρ but are thermally unstable (~25 % ΔR after 200 h at 300 °C in air; 18–25 % drift); (iii) the invention is a Ta–Ni–SiO₂ mixed thin-film heat-generating resistor — made from a target formed by sintering mixed Ta, Ni and SiO₂ powders, sputtered onto an alumina/glass substrate and photolithographically patterned; (iv) ρ of "several thousand μΩ·cm or less" is obtained by varying the SiO₂ mixing ratio; (v) Ni ≈ 1.0–4.0 at.%, Ta ≈ 15–55 at.%. Highly usable. § 102(b) printed publication (foreign patent publication qualifies). Source: https://patents.google.com/patent/JPS60115462A/en
US 4,168,363 A (3M; filed 1978‑04‑03, issued 1979‑09‑18) — "Elastomeric cable jacket repair composition" § 102(b) A two-part curable polyurethane (isocyanate + polyol) for permanently repairing neoprene cable jackets; isocyanate, polyol, thickening agent, liquid non‑reactive diluent, filler, urethane catalyst. Not usable. See § 3c below — facially non‑analogous art. Source: https://patents.google.com/patent/[US4168363A](/patent/US4168363A)/en

3b. Prior art admitted in the specification (usable against the patentee)

  • Ta₂N heat-generating resistors (~200 μΩ·cm; the ρ ceiling problem).
  • Ta–SiO₂ "thermet" resistor films made by multi-source sputtering (Ta target + SiO₂ target), expressly admitted as prior art and criticized for composition drift and large sheet-resistance fluctuation because "the sputtering angles of Ta and Si differ greatly."
  • JP SHO 52(1977)‑109947 — a target with a hollow quartz disc filled with a heat-generating resistor such as TiC, yielding high-ρ films with good high-temperature oxidation resistance, but "the control of the composition of the film is difficult and the fluctuation of sheet resistance in the substrate is large." Confirmed in the published family description (WO1991011328A1, non-patent-literature section) and EP0471080B1. Sources: https://patents.google.com/patent/WO1991011328A1 (nplCitations); https://patentimages.storage.googleapis.com/53/60/08/461cb94ce6ca4a/EP0471080B1.pdf ; https://patents.google.com/patent/EP0471080A4/en

Admissions in the specification are prior art for § 103 purposes (In re Nomiya).

3c. The US 4,168,363 problem — a relevance contradiction I must flag

The only two references of record are JPS 60‑115462 and US 4,168,363. But US 4,168,363 contains nothing about sputtering, sputtering targets, thin films, resistors, thermal heads, niobium, silicides, or SiO₂-based resistor matrices. Under In re Bigio / In re Clay, art is analogous only if it is (1) from the same field of endeavor, or (2) reasonably pertinent to the particular problem the inventor faced. A urethane cable-jacket repair composition is neither.

This is a genuine contradiction between the record metadata and the technical content, and I flag it rather than resolve it: either the citation is an artifact of the Google Patents "References Cited" extraction, or the examiner cited it for some purpose not visible from the face of the reference. It cannot lawfully anchor any § 103 combination here. (I cannot see the file wrapper/office actions, so I cannot say what the examiner actually relied on.)

3d. Art identified in the EP family search report (confirmed to exist, content not retrievable)

The EPO search report for the sibling application EP 0 471 080 lists at least:

  • JP‑A‑1‑039374 (Nippon Mining Co. Ltd.), 9 February 1989 (cited via Patent Abstracts of Japan vol. 013, no. 227 (C‑600), 25 May 1989). I independently confirmed this document exists and is dated 2/1989 — it appears as "JP 64‑039374 A, 2/1989" in the foreign-patent-documents list of US 7,674,446 B2 (https://patentimages.storage.googleapis.com/7e/70/d6/371ed4774b3504/US7674446.pdf). A 1989‑02‑09 publication is § 102(b) art. Its title/teaching were not retrievable within my search budget — but because Nippon Mining is a sputtering-target maker and the EPO cited it in a target-composition case, if it discloses an Nb-based sintered target this would be the single most material reference, and the § 103 picture would harden considerably.
  • A Derwent World Patents Index, Section Ch, Week 7543 abstract (≈1975) — § 102(b) art, content not retrievable.

I explicitly flag these two as identified-but-unverified, and I do not rely on them below. Source: https://patents.google.com/patent/EP0471080A4/en

3e. Background art surfaced in the "similar documents" set (not of record)

Ref. Teaching (from the document text)
US 4,065,211 A (1977) — "Method for manufacturing stable metal thin film resistors comprising sputtered alloy of tantalum and silicon" Sputtered Ta–Si alloy film resistors (title-level only; text not retrieved).
US 4,705,697 A / US 4,701,769 (1987) — thermal head with TiₓSiᵧO_z heat-generating resistor Heat-generating resistor is a dense, amorphous compound; ρ = 300–5000 μΩ·cm, adjustable "by adjusting the atomic composition of the three components"; thickness 200–1000 Å; high-frequency sputtering; amorphous ⇒ "thermally stable and the resistance value is constant without any deviation." Source: https://patents.justia.com/patent/[4705697](/patent/4705697)

US 4,705,697 is important: it establishes that an amorphous refractory-metal–Si–O thin film with composition-tunable ρ of a few hundred to a few thousand μΩ·cm was already known as a thermally stable thermal-head resistor before the critical date. It is not art of record, so a real-world § 103 rejection would need it to be located — but it materially strengthens the obviousness case against claims 25–27.


4. Claim-by-claim obviousness analysis

Combination I — for independent claims 1, 7, 16, 28 (sintered Nb-oxide/Nb-silicide + SiO₂ target and its film/head)

References: JPS 60‑115462 (Oki) as primary + JP 52‑109947 as secondary + the admitted Ta–SiO₂ multi-source thermet art.

Claim 1 element Where taught / how supplied
"sintered body" Oki: "各金属及び絶縁物を混合焼結したものをターゲットとし" — a target made by sintering mixed metal + insulator (SiO₂).
"comprising at least one niobium component selected from niobium oxide, oxidized niobium alloy, niobium silicide, silicide of niobium alloy" Not taught for Nb. Supplied by substitution of Nb for Ta. Oki's target is Ta(+Ni)+SiO₂; reactive sintering of a refractory metal with SiO₂ inherently yields the metal's oxide and silicide species (the patent itself confirms this for Nb by XRD/XMA). Nb is Ta's congener (Group V), forms the analogous Nb₂O₅ and NbSi₂.
"balance consisting essentially of a silicon oxide" Oki and JP 52‑109947 both use SiO₂/quartz as the insulating matrix; Oki expressly tunes ρ by the SiO₂ ratio.
"uniformly dispersed" Oki's powder-metallurgy sinter with a mixed oxide phase; JP 52‑109947's quartz matrix with embedded resistor. Relative/inherent-result term of the sintering step.

Motivation to combine / substitute:

  1. Homology. Nb and Ta are the only two commercially practical Group V refractory metals, adjacent in the periodic table, with parallel oxide (M₂O₅) and silicide (MSi₂) chemistry and similar sputter characteristics. Selection of a known-working species' nearest congener is the paradigm of a "predictable variation."
  2. Market/design pressure. The patent itself concedes the commercial driver: Nb's density and unit cost are each "approximately a half that of tantalum," and Nb and Ta "consist often in the same natural ore in various ratios." Cost-driven substitution where the technical behavior is expected to be comparable is a KSR-recognized motivation.
  3. Oki teaches metal-component variation as the solution axis. Oki's whole thesis is that the metal component of a M–SiO₂ sintered target governs thermal stability (Ta → Ta–Ni). That is an express invitation to vary the metal.
  4. The need is established by the art. Oki states the Ta–N ρ ceiling (~200–300 μΩ·cm) and the Ta–SiO₂ thermal-instability problem; JP 52‑109947 addresses high-ρ films via a composite SiO₂-based target. Both motivations are on the face of the references.

Reasonable expectation of success: High. A PHOSITA swapping Nb into a M–SiO₂ sintered cermet target would expect a high-ρ amorphous/cermet film of the same genus. Under KSR, "obvious to try" with a reasonable expectation of success suffices, and the claimed class (Nb vs. Ta) is a small, finite, enumerated set of recognized alternatives.

Claim 7 (film resistor defined by the target used) rises and falls with claim 1 — it is the same composition limitation plus the conventional sputtering step disclosed in Oki, JP 52‑109947, and the admitted art.
Claim 16 (thermal print head) adds only a known thermal-head architecture (insulating substrate + heat-generating resistor array + electrodes) already disclosed by Oki and, e.g., by the thermal-head background art (US 4,574,292 A; US 4,862,195 A). Substituting a known resistor material into a known head = obvious.
Claim 28 (Nb oxide / Nb silicide / mixtures + SiO₂) is claim 1 with the alloy alternatives deleted — narrower, therefore at least as obvious if claim 1 falls.

Combination II — for independent claim 25 (amorphous Nb + Nb-oxide + Nb-silicide + SiO₂ film) and claim 26 (adds Ta, Fe)

References: JPS 60‑115462 + US 4,705,697 / US 4,701,769 (amorphous TiₓSiᵧO_z thermal-head resistor, ρ 300–5000 μΩ·cm, composition-tunable, thermally stable) + 3d's nitrogen-free cermet art.

  • The primary structural limitation of claim 25 — a "primarily amorphous" metal‑silicon‑oxide resistor film — is squarely taught by US 4,705,697 ("a dense thin layer composed of an amorphous compound… thermally stable and the resistance value is constant without any deviation" with ρ of 300–5000 μΩ·cm).
  • The ρ range of dependent claims 12/21 (10²–10⁶ μΩ·cm) overlaps US 4,705,697's 300–5000 μΩ·cm and is reached by the SiO₂-ratio tuning already disclosed in Oki and JP 52‑109947.
  • Claim 26's Ta and Fe limitations are the easiest to attack: Oki expressly teaches a ternary metal–SiO₂ system (Ta–Ni–SiO₂), and Ni → Fe is a routine substitution between adjacent iron-group metals with closely parallel oxide and silicide chemistry. The patent's own specification concedes the Nb–Ta–Fe / Nb–Fe alloys as commercially motivated (natural co-occurrence; cost).

Combination III — for independent claim 30 (broadest target list incl. Fe and Ta oxides/silicides)

Claim 30 is the union of (a) Nb species (supplied by the Combination I homology argument) and (b) Ta and Fe species (supplied directly by Oki's Ta–Ni–SiO₂ reactive-sintered target, which necessarily contains tantalum oxide and tantalum silicide, plus the routine Ni → Fe substitution). Claim 30 is therefore the weakest of the independent claims: it requires only the addition of Nb species to an express Ta/Fe disclosure, an obvious combination of what the art teaches with what the art motivates.

Dependent claims — obvious as routine optimization or inherent results

Claims Basis for obviousness
2, 8, 17 — reactive sintering; SiO₂ 15–70 mol % Oki literally discloses sintering mixed metal + SiO₂ powders as the target-making route. The 15–70 mol % window is a range without demonstrated criticality — the specification itself calls 30–60 mol % merely "more preferable," and the data show the best results at the high-Nb end (Ex. 1–9) with the worst in-range examples (Ex. 12: 17.5 %; Ex. 13: 16.2 %) sitting near the claimed 20 % ceiling. No teaching-away of the endpoints.
3, 5, 9, 11, 18, 20 — Nb–Ta, Nb–Ta–Fe, Nb–Fe Homology (Nb/Ta), natural co-occurrence (patentee's own admission), and Oki's ternary-metal teaching.
4, 10, 19 — sintering pre-formed Nb oxide + Nb silicide + SiO₂ The specification confirms these same phases are formed in situ by reactive sintering. Claiming the pre-blend instead of the reactive route is an obvious, equivalent alternative of achieving the identical sintered product (In re O'Farrell; In re Best — a different method of making the same thing).
12, 21 — ρ 10²–10⁶ μΩ·cm Overlaps the known 300–5000 μΩ·cm amorphous metal‑Si‑O thermal-head resistor art and is an inherent function of the SiO₂ ratio (Oki: ρ set by SiO₂ content).
13, 22 — sheet-resistance fluctuation ≤ 20 % Oki makes film uniformity and thermal stability the explicit problem and the explicit goal of its invention. A ≤20 % fluctuation figure is a result-effective parameter the art already drove toward; and the patent's own Examples 12/13 show ≤20 % is not a tight limit.
14 — thickness 5–3000 nm Oki forms 100 nm films; US 4,705,697 claims 200–1000 Å; the claimed range brackets both. Routine optimization.
23 — protection layer 100 nm–10 μm Conventional thermal-head passivation is ubiquitous in the field (e.g., US 4,574,292 A; US 4,862,195 A "Overcoating layer for thermal printing head"; EP 0 711 669 B1). Thickness selection is routine.
27 — thermal head with amorphous Nb film Combination of Oki's head architecture with the claim-25 film.

5. Secondary considerations (Graham factor 4) — the patentee's best rebuttal

The specification supplies the only objective evidence in the record, and it favors the patentee:

Evidence Patentee's argument Counter
Table 1 — sheet-resistance fluctuation 5.0–6.3 % (Ex. 1–7), 8.0–17.5 % (Ex. 8–13) vs. 20.5 % (Comp. 1, Ta/SiOₓ 70/30) and 30.2 % (Comp. 2, Ta/SiOₓ 45/55) Nb–SiO₂ gives dramatically more uniform films than Ta–SiO₂ — arguably an unexpected result It is a difference of degree, not kind. Oki already taught that the metal identity governs cermet film stability; the direction was predictable.
Table 2 — Nb films track the target (2.3 → 2.30; 0.8 → 0.78) while Ta films drift (2.3 → 2.90; 0.8 → 1.06) Ta's composition loss is intrinsic to Ta–SiO₂; nothing in the art suggested Nb would fix it This is the strongest nonobviousness hook. But the specification's own mechanism — "sputtering emitting angles of Nb and Si are close," whereas "the sputtering angles of Ta and Si differ greatly" — is a known, measurable physical property (angular emission/sputter yield). A PHOSITA with tabulated emission data could have predicted that Nb (closer to Si in mass and sputter behavior than Ta is) would track Si better. An advantage explained by a known property of a known alternative is weak objective evidence.
No commercial-success, licensing, copying, industry-praise, or long-felt-need evidence in the available record — The need was already recognized by Oki (1985), undercutting "long-felt but unsolved need" as of 1990.

Net: the objective evidence is real but modest, and it is rebuttable by pointing to the known property difference between Nb and Ta. It supports, at most, a finding that claims narrow to Nb as the only metal are nonobvious — which is precisely where the patent already sits.


6. Where the obviousness case is weak (honest assessment)

  1. No reference of record expressly discloses or suggests niobium in a SiO₂ cermet target. The entire case rests on the homology/cost/predictable-variation argument. Primary references are all Ta-based (Ta–N, Ta–SiO₂, Ta–Ni–SiO₂). A modest teaching-away is even present: Oki directs the artisan toward Ni addition to Ta rather than to a different Group V metal.
  2. Claim 1's Markush group is oddly narrow. As previously flagged, claim 1 omits elemental niobium from its niobium-component list, even though the specification calls Nb metal "the main component of a target." This creates a scope mismatch that cuts both ways: it makes claim 1 harder to hit with a plain Nb + SiO₂ target, but it also means the claim may not be supported by the inventors' own disclosure (a § 112 issue rather than § 103).
  3. "Uniformly dispersed" is a relative/inherent-result limitation. If it is merely the inherent result of mixing and sintering (which the specification suggests), it carries no patentable weight and cannot rescue claim 1.
  4. Unverified potentially-material art. The EPO search report cites JP‑A‑1‑039374 (Nippon Mining, pub. 1989‑02‑09) and a 1975 Derwent abstract in this very family. I confirmed JP‑A‑1‑039374 exists and is pre-critical-date, but I could not retrieve its content. If it discloses an Nb-containing sintered sputtering target, the ÷103 case against claims 1, 7, 16 and 28 becomes strong rather than merely arguable. This is the biggest open item.
  5. No prosecution history available. With only two references of record and one of them non-analogous (§ 3c), I cannot reconstruct what the examiner actually relied on. I am analyzing the claims against the art, not reviewing the actual rejection.

7. Bottom line

  • Likely obvious (moderate-strength § 103 case): claims 28 and 30 (target composition claims stated at a genus level directly assembled from Oki's Ta/Fe oxide/silicide–SiO₂ disclosure plus the Nb homology substitution); claims 2, 3, 4, 5, 8–11, 14, 17–20, 23 (routine optimization / equivalent manufacturing route); and claims 12, 13, 21, 22 (result-effective parameters already targeted by the art).
  • Arguable, but defensible by the patentee: independent claims 1, 7, 16 and especially 25–27, because no reference of record expressly names niobium and the patent's Table 2 evidence shows a qualitatively better target-to-film composition fidelity for Nb than for Ta. The defense is weakened — but not destroyed — because the specification itself attributes the advantage to a known physical property (Nb/Si sputtering-emission-angle proximity), and because Nb and Ta are the only two practical Group V refractory metals, i.e., a finite enumerated set under KSR.
  • Cannot be used: US 4,168,363 — non-analogous art; it must be excluded from any § 103 combination.
  • Highest-value next step to firm up the analysis: obtain the full text of JP‑A‑1‑039374 (Nippon Mining, 1989‑02‑09) and the Derwent Week 7543 abstract, both cited in the EP search report for this family, and pull the USPTO file wrapper to see what the examiner actually relied on.

Generated 10/1/2026, 10:22:56 AM

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