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 .
Response to Amendment
Applicant’s amendment dated April 7, 2026, in which claims 1 and 11 were amended, and claims 13-14 were cancelled, has been entered.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 11 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 11 recites the limitation "the second layer" in lines 7-8. There is insufficient antecedent basis for this limitation in the claim. It appears that it was meant to read --the substrate--.
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) 1-7, 9, and 11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Horiguchi (U.S. Pub. 2016/0247687).
Regarding claims 1-7 and 9, Horiguchi [Figs.1-2] discloses a pattern forming method comprising:
forming a second layer [2/3] over a first layer [1];
forming a first pattern along a surface of the second layer [2] opposite to the first layer, the first pattern including an inclined portion with a recessed portion [Figs.2B-C]; and
forming a second pattern on the first layer [1] by performing, with the second layer as a mask, a first etching process to remove a part of the first layer [Figs.2C-D];
wherein the recessed portion includes a plurality of recesses [2a] extending into the second layer, the plurality of recesses having respectively different depths [Fig.2C];
wherein the step of forming a first pattern includes:
forming the inclined portion [Fig.2B] on the surface of the second layer [2/3], and
forming the recessed portion [2a] exposing the first layer [1] in the inclined portion [Fig.2C];
further comprising
performing a second etching process [Figs.2B-C] to remove a part of the second layer [2/3] and a part of a top surface of the first layer [1] is exposed by the second etching process [Fig.2C];
wherein the second layer [2/3] includes a first film [2] in contact with the first layer and a second film [3] in contact with the first film, and
the second film [3] is higher than the first film [2] in processing speed in the first etching process [Figs.2C-D];
further comprising:
exposing a part of the first film through the first etching process [Figs.2B-C]; and
performing a third etching process to remove a part of the first film [Figs.2C-D];
wherein the first pattern is set based on at least one of: processing speeds of the first layer and the second layer in the first etching process, disposition of the second pattern [Based on Figs.2C-D, it appears the first pattern in layer 1 is set based on at least the disposition of the second pattern in layer 2/3], a gradation count of the second pattern, a height of the second pattern, a depth of the second pattern, or a processing amount buffer of the second layer in the second etching process;
wherein the first pattern is set based on at least one of: processing speeds of the first layer and the second layer in the first etching process, disposition of the second pattern [Based on Figs.2C-D, it appears the first pattern in layer 1 is set based on at least the disposition of the second pattern in layer 2/3], a gradation count of the second pattern, a height of the second pattern, a depth of the second pattern, the processing speeds of the first film and the second film in the third etching process, and a processing amount buffer of the second film in the third etching process;
wherein the second layer [2/3] includes a first film [2] in contact with the first layer [1] and a second film [3] in contact with the first film, and
the step of forming a first pattern includes:
forming the recessed portion [3a] exposing the first film [2] in the second film [Fig.2B], and
forming the inclined portion on the second film [3] [Fig.2B].
Regarding claim 11, Horiguchi [Figs.1-2] discloses a template manufacturing method comprising:
forming a first layer [2/3] over a substrate [1];
forming a first pattern [Figs.2B-C] along a surface of the first layer opposite to the substrate,
the first pattern including an inclined portion with a recessed portion [2a/3a]; and
forming a second pattern [1a] on the substrate by performing, with the first layer as a mask, a first etching process to remove a part of the substrate [Figs.2C-D];
wherein the recessed portion [2a/3a] includes a plurality of recesses extending into the (second layer) [substrate], the plurality of recesses having respectively different depths [Figs.2C-D].
Allowable Subject Matter
Claims 12 and 15 are allowed.
The following is an examiner’s statement of reasons for allowance: Reasons for allowance were provided in the previous Office Action.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Claims 8 and 10 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: Reasons for allowance were provided in the previous Office Action. Specifically, prior art does not fairly disclose or make obvious the claimed device/method taken as a whole, and specifically, the limitations of
[Claim 8]
wherein the step of forming a first pattern includes:
forming a first resin layer having an inclination on the second layer,
forming the inclined portion by transferring the inclination to the second layer,
forming a second resin layer having a recessed portion exposing the inclined portion on the second layer, and
removing a part of the second layer using the second resin layer as a mask.
[Claim 10]
wherein the step of forming a first pattern includes:
forming a second resin layer having a recessed portion exposing the second film on the second film,
removing a part of the second layer using the second resin layer as a mask,
forming a first resin layer having an inclination on the second film, and
forming the inclined portion by transferring the inclination to the second film.
Response to Arguments
Applicant’s arguments with respect to the claim(s) have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Overall, Applicant’s arguments are not persuasive. The rejected claims stand rejected and the Action is made Final.
Conclusion
Applicant's submission of an information disclosure statement under 37 CFR 1.97(c) with the timing fee set forth in 37 CFR 1.17(p) on February 4, 2026, prompted the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 609.04(b). 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 BAC H AU whose telephone number is (571)272-8795. The examiner can normally be reached M-F 9:00AM-6:00PM.
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/BAC H AU/Primary Examiner, Art Unit 2898
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