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 .
Election/Restrictions
Applicant’s election of Group I, Species A2, B1, and C3 (i.e., claims 1-9 and 12-13) with traverse in the reply filed on 02/09/2026 is acknowledged.
The traversal is on the basis that Disch does not disclose or suggest “a specified degree of disorder” for the second structural elements.
Applicant’s argument that the value of 0 will not read on the claimed “specified degree of disorder” is found persuasive.
Applicant’s argument that Examiner equates the second structural elements forming the microstructure of Disch to Applicant’s microscopic structural elements (microscopic structure) is not found persuasive. Disch’s microstructure has structure sizes in the nanometer range (Claim 10). Thus, Disch’s microstructure reads on the claimed nanoscopic structure while the first structural elements (macrostructure) of Disch reads on the claimed microscopic structural elements (microscopic structure).
Applicant’s argument that “Disch” only discloses uniform and periodic arrangement of structural elements is not found persuasive because Disch also discloses/envisions “stochastic distribution” of the structural elements ([0007]) which is a random/disorder distribution. Disch further discloses that the first structural elements can have with different sizes/geometries ([0009], [0049]) which reads on the claimed “specified degree of disorder” in view of [0056] and claim 10 of Applicant’s published application. Disch further discloses that the first structural elements can be “inclined arbitrarily with respect to the substrate surface”: [0019]).Thus, Disch discloses/suggests “a specified degree of disorder” for the first structural elements.
Last but not least, the argued feature is not a novel technical feature in view of the grounds of rejection presented below.
For at least the reasons set forth above, the requirement is still deemed proper and is therefore made FINAL. Accordingly, claim(s) 1-9 and 12-13 is/are examined herein.
Note
Examiner wishes to point out to applicant that claim(s) 1-9 and 12-13 is/are directed towards an apparatus and as such will be examined under the following conditions. The process/manner of using the apparatus and/or the material worked upon by the apparatus is/are viewed as recitation(s) of intended use and is/are given patentable weight only to the extent that structure is added to the claimed apparatus (See MPEP 2114 II and 2115 for further details).
Claim Objections
Claim(s) 5 is/are objected to because of the following informalities:
Claim 5, “the apex and the base of a structural element of the plurality of structural elements along a generating or surface line of the structural element” should be changed to --the apex and the base of the structural element of the plurality of structural elements along the generating or surface line of the structural element--.
Appropriate correction is required.
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)(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 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Disch (DE 102004003340 A1 with English translation – FOR of record).
Regarding claim 1, Disch discloses a structural template (structured substrate) for producing a stamping tool for stamping a thin-film element (P0034; furthermore, the taught structured substrate is inherently capable of being used in a stamping tool for stamping any film including a thin film: See MPEP §§ 2112.01 I, 2114 I-II, and 2115), the structural template comprising:
a substrate (substrate) with a surface (substrate surface), wherein at least a partial area of the surface has a microscopic structure (macrostructure) that comprises a plurality of microscopic structural elements (the macrostructure comprises first structural elements having sizes in the micrometer range: claims 1, and 10, P0001, 0009),
wherein the structural elements of the plurality of microscopic structural elements each have a nanoscopic structure (the first structural elements each have second structural elements having sizes in the nano-meter range on them: claims 1 and 10, P0001, 0009, 0019), and
wherein the plurality of microscopic structural elements are arranged on the surface of the substrate with a specified degree of disorder (the first structural elements can be “inclined arbitrarily with respect to the substrate surface”: P0019; the first structural elements can have different geometries/sizes 0009, 0049, Fig. 5). Thus, Disch discloses a structural template substantially as claimed by applicant.
Claim(s) 1-6, 8-9, and 12-13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by
Fritz (DE 102020209106B4 with English machine translation - attached). Fritz qualifies as an intervening reference because Applicant has not perfected foreign priority.
Regarding claims 1-6, 8-9, and 12-13, Fritz discloses a structural template (embossing element 13) for producing a stamping tool (for producing embossing tool) for stamping a thin-film element (for embossing a film, foil, or thin metal platelet: pg. 3, pg. 10; furthermore, the taught embossing element is expected to be capable of embossing/stamping any film including a thin-film element: See MPEP §§ 2112.01 I, 2114 I-II, and 2115), the structural template comprising:
a substrate (13) with a surface (upper surface), wherein at least a partial area of the surface has a microscopic structure (rose petal embossing structure 13a) that comprises a plurality of microscopic structural elements (microscopic cones: pg. 2-4, pg. 12, pg. 14, Figs. 17-18, and annotated Fig. 1),
wherein the plurality of microscopic structural elements each have a nanoscopic structure (nano-folds also called nano-structures: pg. 2-4, pg. 12, pg. 14, and annotated Fig. 1), and wherein the plurality of microscopic structural elements are arranged on the surface of the substrate with a specified degree of disorder (the microscopic cones are non-periodically/disorderly arranged in terms of spatial location, geometry, and/or height: pg. 5, pg. 7; Figs. 1 and 17 clearly shows a specified degree of disorder of the microscopic cones);
wherein the plurality of microscopic structural elements comprises a plurality of microscopic cones (pg. 2, annotated Fig. 1, and Fig. 17);
wherein all structural elements of the plurality of structural elements have a nanoscopic structure (the microcones have nanofolds/nanostructures: pg. 2-4, and annotated Fig. 1; expected feature of a rose petal surface structure and hierarchical surface structure: [0120] of Applicant’s published application),
wherein the nanoscopic structure of a structural element of the plurality of structural elements is formed in a lateral surface of the structural element (pg. 2-4, and annotated Fig. 1; expected feature of a rose petal surface structure: [0120] of Applicant’s published application),
wherein the nanoscopic structure of at least two structural elements of the plurality of structural elements differs (nano-folds of at least two micro-cones are different: pg. 4 and annotated Fig. 1; expected feature of a rose petal surface structure: [0120] of Applicant’s published application);
wherein the nanoscopic structure (nano-folds) comprises elevations and/or depressions that extend in paths between an apex (cone tip) and a base of a structural element (cone) of the plurality of structural elements along a surface line of the structural element, wherein the nanoscopic structure comprises folds (nano-folds) that extend between the apex (cone tip) and the base of the structural element of the plurality of structural elements along the surface line of the structural element (pg. 2, annotated Fig. 1; expected feature of a rose petal surface structure: [0120] of Applicant’s published application);
wherein an apex (cone tip) of a structural element of the plurality of structural elements is rounded (pg. 2, Figs. 1 and 17),
wherein the plurality of structural elements comprises straight cones and/or oblique cones and/or truncated cones (Figs. 1 and 17),
wherein at least a subset of the plurality of structural elements on the surface of the substrate is randomly distributed or arranged according to a random distribution (“random” spatial distribution: pg. 5, Figs. 1 and 17), and/or wherein the specified degree of disorder comprises that at least a subset of the plurality of structural elements on the surface of the substrate be displaced or offset by a randomly distributed amount in a randomly distributed direction relative to a predetermined two-dimensional lattice arrangement of the plurality of structural elements, wherein the lattice arrangement is hexagonal (See annotated Fig. 1 with the randomly spatially displaced hexagonal arrangement of micro-cones);
wherein the plurality of structural elements is arranged such that adjacent structural elements of the plurality of structural elements adjoin one another (Figs. 1 and 17), and/or wherein the microscopic structure does not have planar surfaces between the structural elements of the plurality of structural elements (Figs. 1 and 17), and/or wherein the at least one partial area of the surface of the substrate, which has the microscopic structure, is completely covered with the microscopic structural elements of the plurality of microscopic structural elements (Figs. 1 and 17-18), and
wherein adjacent structural elements intersect at lateral surfaces thereof (Figs. 1 and 17).
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Claim(s) 1, 3-4, and 6-7 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Senn (EP 2360115 A1).
Regarding claims 1, 3-4, and 6-7, Senn discloses a structural template (stamp 11: Figs. 11-12) for producing a stamping tool for stamping a thin-film element (P0060; furthermore, the taught stamp 11 is expected to be capable of embossing/stamping any film including a thin-film element: See MPEP §§ 2112.01 I, 2114 I-II, and 2115), the structural template comprising:
a substrate (polymer substrate) with a surface (upper surface of 11),
wherein at least a partial area of the surface has a microscopic structure that comprises a plurality of microscopic structural elements (microstructures 5 and 6: P0061, Figs. 11-12),
wherein the plurality of microscopic structural elements each have a nanoscopic structure (5 and 6 each have nano-structured surfaces 15 and 16: P0061, Figs. 11-12), and
wherein the plurality of microscopic structural elements are arranged on the surface of the substrate with a specified degree of disorder (microstructures 5 and 6 are arranged in different/misaligned directions and/or have different geometries/sizes and/or different pitch yielding a specified degree of disorder: P0033-0034, Figs. 11-12);
wherein all structural elements of the plurality of structural elements have a nanoscopic structure (P0061, Fig. 12),
wherein the nanoscopic structure of at least two structural elements of the plurality of structural elements differs (nano-structured surfaces 15 and 16 of 5 and 6 are different: P0061, Figs. 11-12);
wherein an apex of a structural element of the plurality of structural elements is flattened (Figs. 11-12);
wherein the plurality of structural elements each have a height of 1 to 50 micrometers and/or an aspect ratio of 0.3 to 3 (P0034).
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Claim(s) 1-6, 8-9, and 12-13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by
Xi (Biomimic Superhydrophobic Surface with High Adhesive Forces, 2008).
Regarding claims 1-6, 8-9, and 12-13, Xi discloses a structural template (rose petal template) for producing a stamping tool (negative/positive template) for stamping a thin-film element (for embossing/stamping a 3mm PDMS film: pp. 6354-635, Fig. 1; furthermore, the taught negative/positive template is expected to be capable of embossing/stamping any film including a thin-film element: See MPEP §§ 2112.01 I, 2114 I-II, and 2115), the structural template comprising:
a substrate with a surface (rose petal functioning as a substrate with an upper surface),
wherein at least a partial area of the surface has a microscopic structure (rose petal upper surface has microstructure) that comprises a plurality of microscopic structural elements (cone-shaped microstructures: all pages, Figs. 1-2),
wherein the plurality of microscopic structural elements each have a nanoscopic structure (nanorumples also called nano-structures: pg. 6355, annotated Fig. 2; expected feature of a rose petal surface structure in view of [0120] of Applicant’s published application), and
wherein the plurality of microscopic structural elements are arranged on the surface of the substrate with a specified degree of disorder (the cone-shaped microstructures arranged differently/disorderly in terms of spatial location, geometry, and/or height/size yielding a specified degree of disorder: Fig. 2; expected feature of a rose petal surface structure in view of at least [0120] of Applicant’s published application);
wherein the plurality of microscopic structural elements comprises a plurality of microscopic cones (cone-shaped microstructures: all pages, Figs. 1-2; expected feature of a rose petal surface structure and hierarchical surface structure: [0120] of Applicant’s published application);
wherein all structural elements of the plurality of structural elements have a nanoscopic structure (the cone-shaped microstructures each have nanorumples: pg. 6355, and annotated Fig. 2; expected feature of a rose petal surface structure in view of [0120] of Applicant’s published application),
wherein the nanoscopic structure of a structural element of the plurality of structural elements is formed in a lateral surface of the structural element (annotated Fig. 2; expected feature of a rose petal surface structure: [0120] of Applicant’s published application),
wherein the nanoscopic structure of at least two structural elements of the plurality of structural elements differs (nanorumples of at least two micro-cones are different as the size/geometry of the micro-cones is different: annotated Fig. 2; expected feature of a rose petal surface structure: [0120] of Applicant’s published application);
wherein the nanoscopic structure (nanorumples) comprises elevations and/or depressions that extend in paths between an apex (cone tip) and a base of a structural element (cone) of the plurality of structural elements along a surface line of the structural element, wherein the nanoscopic structure comprises folds (nanorumples are nanofols) that extend between the apex (cone tip) and the base of the structural element of the plurality of structural elements along the surface line of the structural element (pg. 6355, and annotated Fig. 2; expected feature of a rose petal surface structure in view of [0120] of Applicant’s published application);
wherein an apex (cone tip) of a structural element of the plurality of structural elements is rounded (Figs. 1-2),
wherein the plurality of structural elements comprises straight cones and/or oblique cones and/or truncated cones (Figs. 1-2; expected feature of a rose petal surface structure in view of [0120] of Applicant’s published application),
wherein at least a subset of the plurality of structural elements on the surface of the substrate is randomly distributed or arranged according to a random distribution (Fig. 2 shows a random spatial distribution of the cone-shaped microstructures), and/or wherein the specified degree of disorder comprises that at least a subset of the plurality of structural elements on the surface of the substrate be displaced or offset by a randomly distributed amount in a randomly distributed direction relative to a predetermined two-dimensional lattice arrangement of the plurality of structural elements, wherein the lattice arrangement is hexagonal (See annotated Fig. 2 with the randomly spatially displaced hexagonal arrangement of cone-shaped microstructures);
wherein the plurality of structural elements is arranged such that adjacent structural elements of the plurality of structural elements adjoin one another (Figs. 1-2), and/or wherein the microscopic structure does not have planar surfaces between the structural elements of the plurality of structural elements (Figs. 1-1), and/or wherein the at least one partial area of the surface of the substrate, which has the microscopic structure, is completely covered with the microscopic structural elements of the plurality of microscopic structural elements (Figs. 1-2), and
wherein adjacent structural elements intersect at lateral surfaces thereof (Figs. 1-2).
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Conclusion
Additional prior art made of record and not relied upon that is considered to be pertinent to
Applicant’s disclosure:
Taniguchi (US 20210397097) discloses a relevant template structure (100: Fig. 1F and Fig. 9).
Varanasi (US 20120051489) discloses a relevant template structure (abstract, Figs. 2B-C, and accompanying text).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JERZI H MORENO HERNANDEZ whose telephone number is (571)272-0625. The examiner can normally be reached 1:00-10:00 PM PT.
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, Galen Hauth can be reached at 571-270-5516. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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JERZI H. MORENO HERNANDEZ
Primary Examiner
Art Unit 1743
/JERZI H MORENO HERNANDEZ/Primary Examiner, Art Unit 1743