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 Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “shaping device” “pressing unit” “a measurement unit configured to measure” & “a calculation unit configured to calculate” in claim 13.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
Applicant teaches the imprint head serves as a pressing unit (0044, lines 2-4).
Applicant teaches the imprint device (fig1) which includes the imprint head serves as a shaping device (0033, line 1) (0038, lines 1-2).
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 13 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. In regards to claim 13, the claimed subject matter “at least one processor or circuit configured to function as: a pressing unit configured to perform the pressing through the resist” is rendered indefinite. Examiner notes it is unclear as to how a processor or circuit functions as a pressing unit since a processor or circuit cannot physically press a material by itself.
In regards to claim 13, the claimed subject matter “measurement unit configured to measure” is rendered indefinite. Examiner notes the specification does not provide the structure for the “measurement unit” to perform the claimed functions. Applicant teaches the measurement unit measures the height of a surface (0054, lines 1-3). Based upon the specification there is no way to determine the metes and bounds of this limitation, since there are no limits imposed by structure, material or acts, and can therefore be performed by any means capable of performing the function, both known and unknown.
In regards to claim 13, the claimed subject matter “calculation unit configured to calculate” is rendered indefinite. Examiner notes the specification does not provide the structure for the “a calculation unit” to perform the claimed functions. Based upon the specification there is no way to determine the metes and bounds of this limitation, since there are no limits imposed by structure, material or acts, and can therefore be performed by any means capable of performing the function, both known and unknown. Clarification is required.
Pertinent Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. KR 20230124482, US 20220111634, KR 20220014298, US 20210187795, & US 20180364565.
Allowable Subject Matter
Claims 1-12 &14 are allowed. The following is a statement of reasons for the indication of allowable subject matter:
As to claim 1, the prior art of record, taken alone or in combination, fails to disclose or render obvious “performing the pressing through the resist having a height less than an optical distance λ/4, A being a wavelength of the light; measuring peak positions of the Newton's rings in a contact boundary portion between the mold and the substrate in a region in which a gap between the mold and the substrate is less than the optical distance λ/4; and calculating the deflection of the mold based on the peak positions”, in combination with the rest of the limitations of claim 1.
As to claim 11, the prior art of record, taken alone or in combination, fails to disclose or render obvious “the mold measured by the measurement method according to claim 1”, in combination with the rest of the limitations of claim 11.
As to claim 13, the prior art of record, taken alone or in combination, fails to disclose or render obvious “at least one processor or circuit configured to function as: a pressing unit configured to perform the pressing through the resist having a height less than an optical distance λ/4, A being a wavelength of the light; a measurement unit configured to measure peak positions of the Newton's rings in a contact boundary portion between the mold and the substrate in a region in which a gap between the mold and the substrate is less than the optical distance λ/4; and a calculation unit configured to calculate the deflection of the mold based”, in combination with the rest of the limitations of claim 13.
As to claim 14, the prior art of record, taken alone or in combination, fails to disclose or render obvious “performing the pressing through the resist having a height less than an optical distance λ/4, A being a wavelength of the light;
measuring peak positions of the Newton's rings in a contact boundary portion between the mold and the substrate in a region in which a gap between the mold and the substrate is less than the optical distance λ/4; and calculating the deflection of the mold based on the peak positions”, in combination with the rest of the limitations of claim 14.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MAURICE C SMITH whose telephone number is (571)272-2526. The examiner can normally be reached Monday-Friday 9am-5pm EST.
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/MAURICE C SMITH/Examiner, Art Unit 2877