DETAILED ACTION
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 with traverse of Group I, claims 1-18, in the reply filed on November 18, 2025 is acknowledged. The traversal is on the ground(s) that the technical feature of claim 1 is not a special technical feature. This is not found persuasive because the feature in claim that recites iteratively repeating the masking and removing can be a resist mask that is in surface contact with substrate to be etched and can be performed lithographically, and the non-elected claims require separate masks with at least two different masks that are not in surface contact with the substrate and requires an etcher and requires a computer readable medium with instructions to be executed by a computer and cause a computer system to perform masking and etching. Claims 19-20, are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim.
The requirement is still deemed proper and is therefore made FINAL.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-18, is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U. S. Patent Application Publication No. 2017/0062181 (hereinafter referred to as Berry).
Berry, in the abstract, and [0013], discloses providing a substrate on a substrate holder (wafer table), and providing a mask layer over a semiconductor material on the substrate, wherein the patterned mask layer forms a plurality of masked portions i.e., the remaining portion of the underlying substrate surface are exposed (unmasked), and conducting a removing process via ion beam etching (dry etching) so as to etch the semiconductor material in the unmasked portions and forming peaks in the masked portions and holes or vias in the unmasked portions as illustrated in figure 3C. Berry discloses repeating the process of masking and etching through the mask layer, and Berry, in figure 1, [0030]-[0031], discloses the use of plural masks (ion beam figuring masks) positioned above the semiconductor layer to be etched, and in [0035], Berry discloses removing at least one of the electrodes (mask with apertures) to direct and focus the ions to the surface as desired, and thereby Berry teaches the same claimed repeated masking and etching process in cycles ([0009]) to make desired shapes (target characteristic, desired topography) in the channel ([0042]) i.e., the claimed skewness and is illustrated in figures 3C to 3E, and discloses the taper in the etched structures formed, and the top surface having etched surfaces that are coplanar as disclosed in reference 302 (figure 3D) (claims 1-3, 6, 8, 9, 10, 13-14). Berry, in [0004]-[0006], discloses that the etched portions that are repeatedly etched include trenches i.e., they possess dimensional separation, and discloses etching anisotropically to obtain the desired direction of ion impinging the substrate so as to form an array of channels (having height of a desired dimension), and discloses adjusting the trajectory of the ions impinging the substrate surface i.e., adjusting the angle or taper of the ions during the etching, and is the same as the claimed removing material (claims 4-5, 7). Berry, in [0043], discloses that the semiconductor material portions to be etched, prior to etching or masking, is substantially planar, and the upper surface of the patterned mask layer (301, figure 3B) that is positioned on the semiconductor material on the substrate has burls i.e., linear mask segments that have varying height between 5-500nm or even as low as 10-50nm such that each individual mask segment shadow the underlying semiconductor material and the dimensions of the mask segments (length or width) determines the eventual dimensions of the underlying semiconductor material after the repeated etchings, and thereby the target characteristics includes roughness of the surface, at least of about 10-50nm, and is in the claimed range of less than 100nm (claims 11-12, 15-17). Berry, in [0043], discloses the mask segment separation can be at least about 200nm and Berry, in [0047], discloses that the ion can be impinged at an angle to undercut the mask segments i.e., width of the etch portions that are formed (hole/trench) can be greater than 200nm i.e., greater than 0.2 micron and includes the claimed 1micron (claim 18).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Daborah Chacko-Davis whose telephone number is (571) 272-1380. The examiner can normally be reached on 9:30AM-6:00PM EST Mon-Fri. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Mark F. Huff can be reached on (571) 272-1385. The fax phone number for the organization where this application or proceeding is assigned is 571-272-8300. 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.
/DABORAH CHACKO-DAVIS/Primary Examiner, Art Unit 1737 January 10, 2026.
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