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 § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-2, 4-5, and 7-14 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Brink, et al. (US 2021/0216697).
In reference to Claim 1, Brink discloses a patterning device that uses a simulation to predict the pattern ([0009]) (an information processing device that performs simulation of imprinting with an imprinting device), with the pattern taking on a curved shape ([0078]) (the information processing device comprising: at least one processor or circuit configured to function as a curvature acquisition unit configured to acquire a change of a curvature of a pattern part in a vicinity of an outer circumference of a contact surface between the pattern part and an imprinting material when the pattern part is brought in contact with the imprinting material in the imprinting); adjustments are made to the pattern based on a threshold value ([0085]) (a profile adjustment unit configured to adjust a profile of the imprinting of the pattern part such that the curvature does not fall below a predetermined threshold).
In reference to Claim 2, Brink discloses the device of Claim 1, as described above.
Brink discloses measuring data to determine defects in the patterning process ([0112]) (the at least one processor or circuit is further configured to function as a defect position acquisition unit configured to acquire a position of a defect of the imprinting).
In reference to Claim 4, Brink discloses the device of Claim 2, as described above.
Brink discloses defect detection and adjustment based on thresholds ([0129]) (the profile adjustment unit acquires the threshold based on the position of the defect acquired by the defect position acquisition unit and the change of the curvature acquired by the curvature acquisition unit).
In reference to Claim 5, Brink discloses the device of Claim 1, as described above.
Brink discloses the program with a predetermined order to create a functional design ([0051]) (the profile includes at least one of a chronological profile of an imprinting force that presses the pattern part onto the imprinting material in the imprinting, a chronological profile of a positional relationship of the pattern part and the imprinting material, and a chronological profile of a pressure for deforming the pattern part in a shape that is convex toward the imprinting material).
In reference to Claim 7, Brink discloses a patterning device that uses a simulation to predict the pattern ([0009]) (an information processing device that performs simulation of imprinting with an imprinting device), with the pattern taking on a curved shape ([0078]) (the information processing device comprising: at least one processor or circuit configured to function as a curvature acquisition unit configured to acquire a change of a curvature of a pattern part in a vicinity of an outer circumference of a contact surface when the pattern part is brought in contact with an imprinting material in the imprinting); adjustments are made to the pattern based on a threshold value ([0085]) (a profile adjustment unit configured to adjust a profile of the imprinting of the pattern part such that the curvature does not fall below a predetermined threshold) (an imprinting device that imprints a pattern of the pattern part on the imprinting material by using the profile adjusted by the information processing device according to claim 1).
In reference to Claim 8, Brink discloses a patterning device that uses a simulation to predict the pattern ([0009]) (an imprinting device that imprints a pattern of a pattern part on an imprinting material), with the pattern taking on a curved shape ([0078]) using the simulation to modify the pattern ([0080]-[0082]) (the imprinting device comprising: at least one processor or circuit configured to function as a curvature acquisition unit configured to acquire a change of a curvature of the pattern part in a vicinity of an outer circumference of a contact surface between the pattern part and an imprinting material when the pattern part is brought in contact with the imprinting material in the imprinting); adjustments are made to the pattern based on a threshold value ([0085]) (a profile adjustment unit configured to adjust a profile of the imprinting of the pattern part such that the curvature does not fall below a predetermined threshold); and using a monitoring module to control ([0143]) (a control unit configured to imprint the pattern of the pattern part onto the imprinting material using the profile).
In reference to Claim 9, Brink discloses the device of Claim 8, as described above.
Brink discloses defect detection and adjustment based on thresholds ([0129]) (the at least one processor or circuit is further configured to function as a defect position acquisition unit configured to acquire a position of a defect of the imprinting).
In reference to Claim 10, Brink discloses the device of Claim 9, as described above.
Brink discloses measuring for the defect on the patterning process ([0112]) (the defect position acquisition unit includes a measurement unit configured to measure the position of the defect).
In reference to Claim 11, Brink discloses the device of Claim 9, as described above.
Brink discloses adjusting the initial pattern until no further improvement is observed ([0078]) (the profile adjustment unit acquires the threshold based on the position of the defect acquired by the defect position acquisition unit and the change of the curvature acquired by the curvature acquisition unit).
In reference to Claim 12, Brink discloses the device of Claim 8, as described above.
Brink discloses the program with a predetermined order to create a functional design ([0051]) (the profile includes at least one of a chronological profile of an imprinting force that presses the pattern part onto the imprinting material in the imprinting, a chronological profile of a positional relationship of the pattern part and the imprinting material, and a chronological profile of a pressure for deforming the pattern part in a shape that is convex toward the imprinting material).
In reference to Claim 13, Brink discloses the device of Claim 8, as described above.
Brink discloses using a deep-ultraviolet laser (Examiner is interpreting this laser to use a single wavelength, thus meeting the monochromatic light requirement) (the curvature acquisition unit includes a beam radiation unit configured to radiate monochromatic light through the pattern part and a sensor configured to capture an interference fringe formed in the vicinity of the outer circumference of the contact surface during the imprinting by using the monochromatic light, and obtains the curvature based on the interference fringe).
In reference to Claim 14, Brink discloses a computer program on a computer readable medium ([0143]) a patterning device that uses a simulation to predict the pattern ([0009]) (a non-transitory computer-readable storage medium configured to store a computer program to control an information processing device for performing simulation of imprinting with an imprinting device), (wherein the computer program comprises instructions for executing following processes): adjustments are made to the pattern based on a threshold value ([0085]) (a curvature acquisition step of acquiring a change of a curvature of a pattern part in a vicinity of an outer circumference of a contact surface between the pattern part and an imprinting material when the pattern part is brought in contact with the imprinting material in the imprinting); and adjusting the initial pattern until no further improvement is observed ([0078]) (a profile adjustment step of adjusting a profile of the imprinting of the pattern part such that the curvature does not fall below a predetermined threshold).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 3 and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Brink, et al. (US 2021/0216697) as applied to Claim 1 above, and further in view of Lu, et al. (US 8,945,444).
In reference to Claim 3, modified Brink discloses the device of Claim 2, as described above.
Brink does not disclose obtain a pressure of a gas.
Lu discloses a lithographic relief pattern that uses the pressure between the template and substrate to adjust the system (3:60-4:6) (the defect position acquisition unit obtains a pressure of a gas between the pattern part and the imprinting material, obtains an amount of residual gas between the pattern part and the imprinting material when the imprinting ends based on the pressure of the gas, and acquires the position of the defect based on the amount of the residual gas).
It would have been obvious to one of ordinary skill in the art to complete the device of Brink using the pressure of a gas measurement like Lu because Brink discloses adjusting the initial pattern until no further improvement is observed ([0078]). One would have been motivated to adjust the device of Brink using the measurement of Lu to optimize the desired process. The reasonable expectation of success would be the device of Brink using the pressure measurement of Lu to apply the pattern repeatably.
In reference to Claim 6, Brink discloses the device of Claim 1, as described above.
Brink does not disclose obtain a pressure of a gas.
Lu discloses a lithographic relief pattern that uses the pressure between the template and substrate to adjust the system (3:60-4:6) (the curvature acquisition unit obtains a pressure of a gas between the pattern part and the imprinting material, and acquires the curvature by calculating a shape of the pattern part during the imprinting based on the pressure of the gas).
It would have been obvious to one of ordinary skill in the art to complete the device of Brink using the pressure of a gas measurement like Lu because Brink discloses adjusting the initial pattern until no further improvement is observed ([0078]). One would have been motivated to adjust the device of Brink using the measurement of Lu to optimize the desired process. The reasonable expectation of success would be the device of Brink using the pressure measurement of Lu to apply the pattern repeatably.
Response to Arguments
Applicant's arguments filed November 24, 2025 have been fully considered but they are not persuasive.
Applicant argues that the prior art of record does not disclose a contact surface between the pattern part and an imprinting material. Examiner respectfully disagrees because there are multiple embodiments disclosed, one of the possible functions is an edge placement error between the mask pattern and the predicted mask pattern ([0104]). Applicant argues the prior art discloses an iterative correction process. Examiner respectfully disagrees, because the initial patterning device pattern is a final patterning device and does not require adjustment to the initial patterning device pattern ([0032]).
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KELSEY C GRACE whose telephone number is (571)270-1113. The examiner can normally be reached Monday-Thursday 7:00 AM - 5:00 PM EST, Friday 7:00 AM - 11:00 AM EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Christina Johnson can be reached at (571)272-1176. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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KELSEY C. GRACE
Examiner
Art Unit 1742
/CHRISTINA A JOHNSON/Supervisory Patent Examiner, Art Unit 1742