Prosecution Insights
Last updated: July 05, 2026
Application No. 18/348,313

METHOD OF MANUFACTURING PATTERNED BASE MEMBER, PROCESSING METHOD, AND METHOD OF MANUFACTURING LASER ELEMENT

Non-Final OA §103
Filed
Jul 06, 2023
Priority
Jul 07, 2022 — JP 2022-109497
Examiner
COSGROVE, JAYSON D
Art Unit
1737
Tech Center
1700 — Chemical & Materials Engineering
Assignee
NICHIA Corporation
OA Round
1 (Non-Final)
51%
Grant Probability
Moderate
1-2
OA Rounds
9m
Est. Remaining
85%
With Interview

Examiner Intelligence

Grants 51% of resolved cases
51%
Career Allowance Rate
62 granted / 121 resolved
-13.8% vs TC avg
Strong +34% interview lift
Without
With
+33.8%
Interview Lift
resolved cases with interview
Typical timeline
3y 9m
Avg Prosecution
31 currently pending
Career history
160
Total Applications
across all art units

Statute-Specific Performance

§103
93.9%
+53.9% vs TC avg
§102
3.8%
-36.2% vs TC avg
§112
1.1%
-38.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 121 resolved cases

Office Action

§103
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 . Drawings The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: “II C” (see Fig. 2B). Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance. The Examiner speculates that the “II C” notation shown in Fig. 2B indicates a centerline, but notes that this notation is not commonly understood to mean such. Clarification and/or correction is requested from the Applicant. 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. Claim(s) 1-2, 4-7, 11, and 13-16 are rejected under 35 U.S.C. 103 as being unpatentable over US 20120256346 A1 (hereby referred to as Ogino) in view of US 20020177075 A1 (hereby referred to as Chang). Regarding Claims 1-2 and 11, Ogino teaches a method of transferring fine structures. Ogino teaches a method wherein a Si substrate is provided with a photoresist layer on the substrate (Ogino, paragraph 0055 and Fig. 2a-2b). The photoresist is OEBR1000 (manufactured by Tokyo Ohka Kogyo Co., Ltd.) (Ogino, paragraph 0055). An electron beam is used to pattern the resist (Ogino, paragraph 0055 and Fig. 2c). The photoresist is then developed to obtain a patterned resist (Ogino, paragraph 0055 and Fig. 2d). Notably, in Fig. 2d of Ogino it is shown that the exposed portions of the photoresist are removed following development, indicating that the photoresist is a positive-type photoresist. The Si substrate was then dry-etched such that the resist pattern was transferred to the Si substrate (Ogino, paragraph 0055 and Fig. 2e). This demonstrates that the developed photoresist pattern acts as an etching mask. However, Ogino is silent in regards to the patterned resist layer being irradiated with an electron beam. Chang teaches a method of enhancing photoresist anti-etching ability. Particularly, Chang shows an embodiment wherein a substrate is provided with a photoresist pattern formed upon the substrate (Chang, paragraph 0024 and Fig. 2A). The patterned photoresist layer is then treated by an electron beam to let at least part of the photoresist be hardened (Chang, paragraph 0025 and Fig. 2B). Following the electron beam treatment of the photoresist, an etching process is performed using the patterned photoresist as an etching mask (Chang, paragraph 0028-0035 and Fig. 3A-3B). As shown in Fig. 2B of Chang, the electron beam applied to the patterned resist irradiates the entire patterned resist layer at once. Ogino and Chang are analogous art because both references pertain to methods of patterning substrates. It would have been obvious to one having ordinary skill in the art before the filing date of the instant application to treat the patterned photoresist layer with an electron beam, as taught by Chang, in the method of patterning a substrate taught by Ogino because the electron beam processing of the photoresist pattern provides a hardened layer of the photoresist layer, which mitigates dimensional changes during the etching process (Chang, paragraph 0031). The mitigation of dimensional changes of the photoresist layer during the etching process would be expected to provide improved pattern accuracy in the substrate following etching. Regarding Claims 4 and 13, Ogino teaches that the etching process is a dry-etching process (Ogino, paragraph 0055). Regarding Claims 5 and 14, Ogino teaches that during the exposure of the photoresist layer, the electron beam exposes in a regular pattern and forms a plurality of regions (Ogino, paragraph 0055 and Fig. 2d). Regarding Claims 6-7 and 15-16, Ogino teaches that the pitch of the patterns is 150 nm (0.150 μm) (Ogino, paragraph 0055). Ogino does not explicitly show the patterns in top view. However, Fig. 2d of Ogino shows patterns of uniform pitch that reflect a stripe shape. Furthermore, Ogino teaches that the patterned substrate is used to form a mold (Ogino, paragraph 0055 and Fig. 2g-2h). Fig. 3a of Ogino shows a three-dimensional view of the mold obtained from the patterned substrate (Ogino, paragraph 0056), which further shows striped shaped patterns. Furthermore, per Fig. 2d of Ogino, the unexposed region occupies a greater area than the exposed region of the photoresist layer. Claim(s) 3 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over US 20120256346 A1 (hereby referred to as Ogino) in view of US 20020177075 A1 (hereby referred to as Chang) as applied to claims 1 and 11 above, and further in view of US 20170199456 A1 (hereby referred to as Park). Regarding Claims 3 and 12, the combination of Ogino and Chang renders obvious the method of manufacturing a patterned base member according to instant claims 1 and 11, as discussed above. However, Ogino and Chang are both silent in regards to the formation of a mask layer over the substrate before forming the resist layer. Park teaches a photoresist composition and a method of manufacturing a semiconductor device using the same. The method of manufacturing the semiconductor device is demonstrated in the flowchart of Fig. 1 (Park, paragraph 0051). The method includes forming a mask layer and a photoresist layer on a substrate, forming a photoresist pattern by patterning the photoresist layer, forming a mask pattern by patterning the mask layer through the patterned photoresist layer, and forming a pattern by etching the substrate through the mask pattern (Park, paragraph 0052). The mask layer may be a silicon oxide film (Park, paragraph 0055), which is analogous to the mask layer of the instant application’s invention (see paragraph 0031 of the instant application’s specification). As seen in Fig. 3 of Park, a substrate (10) is provided with a mask layer (11) and a photoresist layer (13) (Park, paragraph 0054-0057). Figs. 3-10 of Park show the assembly through the various processing steps, resulting in a patterned substrate (see Park, paragraphs 0061-0076). Patterning of the photoresist is performed with electron beams (Park, paragraph 0069) and the etching of the mask layer may be a dry etching or wet etching process (Park, paragraph 0075). Dry or wet etching may be used to etch the substrate through the patterned mask layer (Park, paragraph 0076). Ogino, Chang, and Park are analogous art because each reference pertains to substrate patterning methods. It would have been obvious to one having ordinary skill in the art before the filing date of the instant application to apply a mask layer between the substrate and the photoresist layer and pattern the substrate by etching through the patterned mask layer, as taught by Park, in the method obtained by combining the teachings of Ogino and Chang because the mask layer may provide etching selectivity differences (Park, paragraph 0055) and the resulting patterning of the substrate has improved critical dimension (CD) uniformity and reduced line width roughness, thereby enhancing the reliability of the semiconductor device (Park, paragraph 0049 and 0077). Claim(s) 8-9 and 17-18 are rejected under 35 U.S.C. 103 as being unpatentable over US 20120256346 A1 (hereby referred to as Ogino) in view of US 20020177075 A1 (hereby referred to as Chang) as applied to claims 1 and 11 above, and further in view of US 20130011947 A1 (hereby referred to as Yanagisawa). Regarding Claims 8-9 and 17-18, the combination of Ogino and Chang renders obvious the method of manufacturing a patterned base member according to instant claims 1 and 11. Ogino further teaches a nanoimprinting method for transferring a pattern (Ogino, paragraph 0046). Notably, Ogino forms a mold from the patterned substrate (see Ogino, paragraph 0055 and Fig. 2f-2h) and uses the mold to transfer the pattern of the substrate (Ogino, paragraph 0056-0057 and Figs. 3-4). However, neither Ogino nor Chang teach the use of the patterned substrate to transfer the pattern to a workpiece and etching the workpiece, or the manufacture of a laser element. Yanagisawa teaches a method of forming a grating and a method of producing a laser diode. Yanagisawa produces a mold for nano-imprinting, wherein the mold comprises a plurality of line-and-space patterns (Yanagisawa, paragraph 0053-0054). The mold taught by Yanagisawa is analogous to the mold manufactured by Ogino. Yanagisawa then provides a stacked semiconductor structure (Yanagisawa, paragraph 0063 and Fig. 6). The structure comprises a semiconductor substrate (11), a semiconductor stack (23), a transfer layer (25), a photoresist layer (27), and a resin portion (29) (Yanagisawa, paragraphs 0063 and 0066). As shown in Figs. 7 and 8 of Yanagisawa, the mold is disposed over the semiconductor structure and the grating pattern is transferred to the resin portion (Yanagisawa, paragraph 0069). Further processing is performed (Yanagisawa, paragraph 0070-0080), and then the semiconductor layer is etched to form a plurality of recesses in the semiconductor layer (Yanagisawa, paragraph 0081). The resulting structure has a diffraction grating in the semiconductor layer (Yanagisawa, paragraph 0082 and Fig. 18). Ogino, Chang, and Yanagisawa are analogous art because each reference pertains to patterning methods. It would have been obvious to one having ordinary skill in the art before the filing date of the instant application to form a laser element by transferring a pattern to a semiconductor structure, as taught by Yanagisawa, utilizing the mold obtained by performing the method of Ogino (modified to include the teachings of Chang) because the mold obtained by combining Ogino and Chang has improved pattern accuracy (see Ogino, paragraph 0010; see Chang, paragraph 0031) and the method of forming a laser element taught by Yanagisawa allows for laser elements including gratings having various structures to be produced at low cost (Yanagisawa, paragraph 0093). Claim(s) 10 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over US 20120256346 A1 (hereby referred to as Ogino) in view of US 20020177075 A1 (hereby referred to as Chang) as applied to claims 1 and 11 above, and further in view of US 20080002748 A1 (hereby referred to as Masui). Regarding Claims 10 and 19, the combination of Ogino and Chang renders obvious the method of manufacturing a patterned base member according to instant claims 1 and 11. However, neither prior art reference suggests using a nitride semiconductor substrate as the patterned base member, nor do these references suggest providing a plurality of semiconductor layers on the patterned substrate. Masui teaches a nitride semiconductor laser element. Masui teaches how the laser element is manufactured (Masui, paragraph 0091). A sapphire substrate is provided with multiple nitride semiconductor layers (such as AlGaN, InGaN, and GaN) (Masui, paragraph 0092-0099). A silicon oxide film is formed over the uppermost layer, along with a resist layer (Masui, paragraph 0100). Electron beam lithography is then performed to create a pattern corresponding to a diffraction grating in the resist layer (Masui, paragraph 0100). The resist pattern is used as a mask to transfer the pattern to the silicon oxide film, and then an etching process is performed to transfer the pattern into the underlying nitride semiconductor layer (Masui, paragraph 0100). Following the transfer of the pattern into the nitride semiconductor layer, additional semiconductor layers are formed over the patterned nitride semiconductor layer (Masui, paragraph 0101-0102). Ogino, Chang, and Masui are analogous art because each reference pertains to patterning methods and/or pattern transferring processes. It would have been obvious to one having ordinary skill in the art before the filing date of the instant application to manufacture a laser element by patterning a nitride semiconductor layer and layering semiconductor layers over the patterned nitride layer, as taught by Masui, using the method obtained by combining the teachings of Ogino and Chang because the method obtained by combining Ogino and Chang yields improved pattern accuracy (see Ogino, paragraph 0010; see Chang, paragraph 0031) and because the laser element obtained can provide a refractive index differential (due to the diffraction grating) and a single longitudinal mode emission can thus be obtained (Masui, paragraph 0114). Such a single longitudinal mode emission is said to be useful for optical communications and similar applications (Masui, paragraph 0006). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAYSON D COSGROVE whose telephone number is (571)272-2153. The examiner can normally be reached Monday-Friday 10:00-18:00. 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, Mark Huff can be reached at (571)272-1385. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. 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. /JAYSON D COSGROVE/Examiner, Art Unit 1737 /JONATHAN JOHNSON/Supervisory Patent Examiner, Art Unit 1734
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Prosecution Timeline

Jul 06, 2023
Application Filed
Apr 10, 2026
Non-Final Rejection mailed — §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
51%
Grant Probability
85%
With Interview (+33.8%)
3y 9m (~9m remaining)
Median Time to Grant
Low
PTA Risk
Based on 121 resolved cases by this examiner. Grant probability derived from career allowance rate.

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