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 .
Status of Claims
Claims 1-9, 16, and 21-25 are examined.
Claims 10-15 and 17-20 are cancelled.
claims 21-25 are newly added.
Response to Amendment
The amendments to the claims overcome the previous 35 U.S.C. 112, 102, and 103 rejections and claim objections; therefore the rejections and objections are withdrawn.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on February 2, 2026 was filed after the mailing date of the Non-Final Rejection on July 28, 2025. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1-5, 21-22, and 25 is/are rejected under 35 U.S.C. 103 as being unpatentable Ohtsu (US 2014/0069889 A1) in view of Motowaki (US 2004/0182820 A1).
Regarding claim 1, Ohtsu discloses a template 1 (¶ [0045] – mold 1) for imprinting that transfers a pattern (¶ [0045] – fine pattern of protrusions and recesses) onto a material to be transferred on a substrate (¶ [0003] – pattern pressed against curable resin coated on a substrate), comprising:
a base material 10 (¶ [0044] – a quartz substrate 10) in which a protruding portion (¶ [0045] – mold main body 13; fine pattern of protrusions) provided in a transfer region to be pressed against the material to be transferred (¶ [0003] – transfer the fine pattern), the protruding portion having an end surface and a side surface connected to the end surface (FIG. 1C depicts 13 with end surface and a side surface connect to the end surface);
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Ohtsu Fig. 1C
an underlayer film M (¶ [0044] – mask layer M) that covers, the end surface of the protruding portion (¶ [0044] – formed along the pattern of protrusions; FIg. 1C depicts mask layer covers only a distal end); and
a monomolecular film 14 that covers the underlayer film (¶ [0045] – mold release layer 14; FIg. 1C depicts 14 covers M).
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Ohtsu Fig. 1C
Ohtsu does not disclose wherein the side surface of the protruding portion being exposed.
Analogous art Motowaki discloses an apparatus for transferring a fine concave-convex pattern of a mold 6 to a substrate (¶ [0043]). The mold is used in the steps depicted in FIG. 4 to form columnar structure as shown in FIG. 4(d) (¶ [0046]).
Motowaki further discloses wherein the side surface of the protruding portion being exposed (¶ [0044] – mold-release agent layer on mold 6, as depicted in FIG. 3B the side surfaces are exposed). If the mold-releasing agent is formed even at the concave portions of the mold, the resin would come off so smoothly during the release step that the concave-convex pattern of the mold would often be transferred exactly as is (¶ [0043]). Therefore, if the columnar structure of a desired shape is to be obtained with high reproducibility, the mold-releasing agent should be applied only to the convex portions of the mold (¶ [0043]).
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Motowaki FIG. 3B
Ohtsu and Motowaki disclose an apparatus with the same or similar components performing the same or similar function in regards to a mold with protrusions/convex portions comprising a mold releasing layer. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have applied the mold-releasing layer on only the convex portions in Motowaki to the protrusions and mold-release layer in Ohtsu to form a columnar structure of a desired shape to be obtained with high reproducibility (¶ [0043]).
Regarding claim 2, modified Ohtsu discloses the template according to claim 1. Ohtsu further discloses a contact angle of the material to be transferred with respect to the monomolecular film (¶ [0064] – surface energy of 14 is 25 mJ/mm2 or less; would inherently have form a contact angle with curable resin) is larger (¶ [0064] – advantageous mold release properties during nanoimprinting; would inherently form relatively high contact angle) than a contact angle of the material to be transferred with respect to a portion other than the monomolecular film of the transfer region (as the surface energy is advantageous for mold release properties, i.e., lower adhesion, the contact angle of resin at 14 is larger (low surface energy and adhesion) than the contact angle at 10).
The limitation “contact angle of the material” recites the material or article worked upon by the apparatus. Applicant is reminded material or article worked upon does not limit apparatus claims. See MPEP § 2115.
Regarding claim 3, modified Ohtsu discloses the template according to claim 1. Ohtsu further discloses the base material contains quartz (¶ [0044] – a quartz substrate 10).
Regarding claim 4, modified Ohtsu discloses the template according to claim 1. Ohtsu further discloses the underlayer film contains a metal (¶ [0047] – material of M are metals).
Regarding claim 5, modified Ohtsu discloses the template according to claim 4. Ohtsu further discloses the underlayer film contains at least one of titanium, chromium, gold, silver, copper, iron, nickel, zinc, platinum, and palladium (¶ [0047] – material of M are metals, such as chrome, titanium, nickel, silver, platinum, and gold; chrome is interpreted material containing chromium).
Regarding claim 21, modified Ohtsu discloses the template according to claim 4. Ohtsu further discloses the underlayer film contains at least one of chromium, copper, iron, nickel, zinc, and palladium (¶ [0047] – material of M are metals, such as chrome and nickel; chrome is interpreted material containing chromium).
Regarding claim 22, modified Ohtsu discloses the template according to claim 4. Ohtsu further discloses the underlayer film contains at least one of chromium (¶ [0047] – material of M are metals, such as chrome; chrome is interpreted material containing chromium).
Regarding claim 25, modified Ohtsu discloses the template according to claim 1.
Ohtsu discloses the mask layer to have at least one layer (¶ [0047]), implying there is more than one layer in the mask layer. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have the mask layer in Ohtsu comprise of multiple layers comprising multiple metal materials such that the mask layer is used as a mask such that a desired pattern of protrusions and recesses having a desired shape constituted by the quartz substrate (¶ [0044]).
Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ohtsu (US 2014/0069889 A1) in view of Motowaki (US 2004/0182820 A1), as applied to claim 1, alternatively in view of Lee (US 2008/0061214 A1).
Regarding claim 16, modified Ohtsu discloses the template according to claim 1. Ohtsu further discloses thickness of M within a range from 1 nm to 30 nm; which overlaps with the claimed range of not more than 10 nm (¶ [0047]). The range is from the viewpoint of thin film formation properties and light transmissive properties during nanoimprinting (¶ [0047]).
Ohtsu discloses all of the claim limitations as set forth above, but the reference does not explicitly disclose a thickness of not more than 10 nm. As the light transmissive properties are variables that can be modified, among others, by adjusting thickness, with said light transmissive properties increased as thickness is lowered, the light transmissive would have been considered a result effective variable by one having ordinary skill in the art at the time the invention was made. As such, without showing unexpected results, the claimed thickness cannot be considered critical. Accordingly, one of ordinary skill in the art before the effective filing date of the claimed invention made would have optimized, by routine experimentation, the thickness in the apparatus of Ohtsu to obtain the desired thickness (In re Boesch, 617 F.2d. 272, 205 USPQ 215 (CCPA 1980)), since it has been held that where the general conditions of the claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. (In re Aller, 105 USPQ 223).
In arguendo Ohtsu does not disclose a thickness of the underlayer film is not more than 10 nm, Lee is applied. Lee discloses a pattern formed on a substrate with a hard layer and a separation layer (¶ [0021]). Lee further discloses a thickness of the underlayer film is not more than 10 nm (¶ [0030] - hard layer has a thickness of 5 nm). The hard layer formed of material having a higher hardness than pattern portion prevents deformation or damage during imprinting, thereby improving durability of the nano-imprint mold and accuracy of the replication pattern (¶ [0026]).
Ohtsu and Lee disclose an apparatus with the same or similar components performing the same or similar function. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have applied the hard layer thickness of 5 nm in Wuister to the thickness of the mask layer in Ohtsu to prevent deformation or damage during imprinting, thereby improving durability of the nano-imprint mold and accuracy of the replication pattern (¶ [0026]).
Claim(s) 6-9 and 23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ohtsu (US 2014/0069889 A1) in view of Motowaki (US 2004/0182820 A1), as applied to claim 1 and 4-5, in view of Wuister (US 2007/0238037 A1).
Regarding claim 6-7, modified Ohtsu discloses the template according to claim 5.
Ohtsu does not disclose wherein the monomolecular film contains an organic sulfur molecule of at least one of alkylthiol, dialkyldisulfide, thiocyanate, thioacetate, alkylselenolate, alkyltellurolate, dialkyldiselenide, isocyanide, isocyanate, and alkylsilane.
Wuister discloses the monomolecular film contains an organic sulfur molecule of at least one of alkylthiol (¶ [0062] – release layer comprises 1H,1H,2H,2H-Perfluorodecanethiol; has alkylthiol group). The release layer facilitates release of the cured medium from the nickel imprint template 105 (¶ [0062]).
Ohtsu and Wuister disclose an apparatus with the same or similar components performing the same or similar function. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have applied 1H,1H,2H,2H-Perfluorodecanethiol in Wuister as the mold release layer in Ohtsu to facilitate release of the cured medium from the mold (¶ [0062]).
Regarding claim 8, modified Ohtsu discloses the template according to claim 6. Modified Ohtsu further discloses the monomolecular film contains fluorine (¶ [0062] – release layer comprises 1H,1H,2H,2H-Perfluorodecanethiol; has fluorine).
Regarding claim 9, modified Ohtsu discloses the template according to claim 7. Modified Ohtsu further discloses the monomolecular film contains fluorine (¶ [0062] – release layer comprises 1H,1H,2H,2H-Perfluorodecanethiol; has fluorine).
Regarding claim 23, modified Ohtsu discloses the template according to claim 5.
Ohtsu does not disclose wherein the monomolecular film contains an organic sulfur molecule of at least one of dialkyldisulfide, thiocyanate, thioacetate, alkylselenolate, alkyltellurolate, dialkyldiselenide, isocyanide, isocyanate, and alkylsilane.
Wuister discloses the monomolecular film contains an organic sulfur molecule (¶ [0062] – release layer comprises release layer comprises 1H,1H,2H,2H-Perfluorodecanethiol; has sulfur molecule) of at least one of alkylsilane (¶ [0062] – release layer comprises release layer comprises trichloro(1H,1H,2H,2H-perfluorooctyl)silane; has alkylsilane group). The release layer facilitates release of the cured medium from the nickel imprint template 105 (¶ [0062]).
Ohtsu and Wuister disclose an apparatus with the same or similar components performing the same or similar function. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have applied the 1H,1H,2H,2H-Perfluorodecanethiol and trichloro(1H,1H,2H,2H-perfluorooctyl)silane in Wuister as the mold release layer in Ohtsu to facilitate release of the cured medium from the mold (¶ [0062]).
Claim(s) 24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ohtsu (US 2014/0069889 A1) in view of Motowaki (US 2004/0182820 A1), as applied to claim 1 and 4-5, in view of Decre (US 2007/0227383 A1).
Regarding claim 24, modified Ohtsu discloses the template according to claim 5.
Ohtsu does not disclose wherein the monomolecular film contains at least one of dialkyldisulfide, thiocyanate, and thioacetate.
Analogous art Decre discloses a lithographic stamp (Abstract). In one embodiment, a hydrophilic pattern of oxidized areas was created by exposure of the mask-protected stamp to an oxygen plasma (¶ [0099]).
Decre further discloses the monomolecular film contains thiocyanate (¶ [0099] – tetramethylrhodamine-5-(and-6-)-isothiocyanate (TRITC) was applied to the stamp).
Ohtsu and Decre disclose an apparatus with the same or similar components performing the same or similar function. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have applied the TRITC in Wuister to the mold-release layer in Ohtsu to achieve preferred transfer of TRITC molecules from oxidized areas, due to a higher surface concentration (¶ [0099]).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-9, 16, and 21-25 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.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 JONATHAN B WOO whose telephone number is (571)272-5191. The examiner can normally be reached M-F 8:30 am - 5:00 pm ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Susan Leong can be reached at (571) 270-1487. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JONATHAN B WOO/Examiner, Art Unit 1754
/SUSAN D LEONG/ Supervisory Patent Examiner, Art Unit 1754