Prosecution Insights
Last updated: August 17, 2026
Application No. 18/593,112

PATTERN DESIGN METHOD AND TEMPLATE MANUFACTURING METHOD

Non-Final OA §103
Filed
Mar 01, 2024
Priority
Mar 20, 2023 — JP 2023-044103
Examiner
BARTLETT, VICTORIA
Art Unit
1744
Tech Center
1700 — Chemical & Materials Engineering
Assignee
KIOXIA Corporation
OA Round
3 (Non-Final)
51%
Grant Probability
Moderate
3-4
OA Rounds
8m
Est. Remaining
82%
With Interview

Examiner Intelligence

Grants 51% of resolved cases
51%
Career Allowance Rate
97 granted / 191 resolved
-14.2% vs TC avg
Strong +31% interview lift
Without
With
+31.1%
Interview Lift
resolved cases with interview
Typical timeline
3y 2m
Avg Prosecution
39 currently pending
Career history
241
Total Applications
across all art units

Statute-Specific Performance

§101
1.3%
-38.7% vs TC avg
§103
55.1%
+15.1% vs TC avg
§102
15.1%
-24.9% vs TC avg
§112
27.9%
-12.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 191 resolved cases

Office Action

§103
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 . Continued Examination Under 37 CFR 1.114 A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 4/23/2026 has been entered. Response to Arguments Applicant's arguments filed 4/23/2026 have been fully considered and are partially persuasive, however, after further search and consideration, the rejection is updated with new references. Applicant argues that the previous combination of references does not describe the mesa portions or the light shielding portions as now recited in claims 1, 5, and 7. While Examiner agrees that the previous references did not disclose the mesa portions or the light shielding portions, after further search and consideration, a new reference, Jung, is cited which describes these limitations. Additionally, the rejection of claims 1 and 7 is updated to recite Inanami which describes the peripheral regions. Claim Rejections - 35 USC § 103 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 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. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. Claims 1-11 are rejected under 35 U.S.C. 103 as being unpatentable over Inanami modified by Jung (US 2019/0086795) or alternatively by Inanami modified by Aritsuka (US 2016/0091788) and Jung. Regarding claim 1, Inanami meets the claimed, A pattern design method, comprising: preparing data of a template, (Inanami [0056] describes generating a template pattern) the patterned surface portion including a center portion and an outer peripheral portion surrounding the center portion when viewed in the vertical direction; (Inanami Figure 18 shows a center and outer portion of the template) designing a first device pattern on the center portion of the patterned surface; (Inanami [0056] describes generating a template pattern) designing a second device pattern on the outer peripheral portion of the patterned surface; (Inanami [0058] describes arranging a dummy template pattern, see Figure 18 showing the dummy pattern 32 is in at least one outer peripheral portion) defining a plurality of imaginary regions on the outer peripheral portion along a circumferential direction to form a quadrangular frame shape to thereby entirely surround the center portion when viewed in the vertical direction; (Inanami [0056] describes dividing the pattern area into a plurality of smaller areas, see Figure 18 showing the regions make a frame around the outer periphery) calculating a pattern density of each of the imaginary regions; (Inanami [0059] describes calculating the surface area ratio of each divided area) and disposing a dummy pattern in each of the imaginary regions to adjust a pattern density of a sum of the second device pattern and the dummy pattern in each of the imaginary regions to fall within a first range. (Inanami [0060] describes arranging a dummy pattern in the placement areas based on the surface area ratio such that the new surface area ratio is set to a desired value.) Alternatively, Aritsuka also describes adding dummy patterns to an imprint template and meets the claimed, defining a plurality of imaginary regions on the outer peripheral portion along a circumferential direction to form a quadrangular frame shape to thereby entirely surround the center portion when viewed in the vertical direction (Aritsuka [0084]-[0085] and Figure 8 show dividing an outer peripheral portion into unit regions, dummy pattern regions 33, which are along the periphery of the pattern region 31.) It would have been obvious to a person of ordinary skill in the art before the filing date to combine the method of dividing he template as described in Inanami with the divisions along the entire periphery as shown in Aritsuka in order to designate regions for further patterning, see Aritsuka [0085]-[0087]. Inanami does not disclose a mold with two mesa portions, a light shielding portion, or a recessed portion and does not meet the claimed, the template including: a substrate portion having a first side and a second side opposite to the first side in a vertical direction, the first side having a planar shape, the second side having a recessed portion to be recessed in the vertical direction; a first mesa portion formed on the first side of the substrate portion to protrude therefrom in the vertical direction, the first mesa portion having a quadrangular frame shape when viewed in the vertical direction; a second mesa portion formed on the first mesa portion to protrude therefrom in the vertical direction, the second mesa portion having a patterned surface of a quadrangular shape enclosed by the quadrangular frame shape of the first mesa portion, when viewed in the vertical direction, and a light-shielding portion formed in the first mesa portion to have the quadrangular frame shape when viewed in the vertical direction. Analogous in the field of imprinting, Jung also describes an imprinting template and meets the claimed, the template including: a substrate portion having a first side and a second side opposite to the first side in a vertical direction, the first side having a planar shape, the second side having a recessed portion to be recessed in the vertical direction; (Jung [0058] and [0063] describes the template 300D shown in Figure 14 which includes a planar bottom side and a second side with a cavity 303) a first mesa portion formed on the first side of the substrate portion to protrude therefrom in the vertical direction, the first mesa portion having a quadrangular frame shape when viewed in the vertical direction; (Jung [0058] and [0063] describe a second mesa portion 320 with a second surface 321 forming a frame shape) a second mesa portion formed on the first mesa portion to protrude therefrom in the vertical direction, the second mesa portion having a patterned surface of a quadrangular shape enclosed by the quadrangular frame shape of the first mesa portion, when viewed in the vertical direction, (Jung [0058] and [0063] describe first mesa portion 310 which has a patterned surface 311 and is surrounded by the second surface 321) and a light-shielding portion formed in the first mesa portion to have the quadrangular frame shape when viewed in the vertical direction (Jung [0063] describes light blocking layer 350D on the second surface 321.) It would have been obvious to a person of ordinary skill in the art before the filing date to combine the template of Inanami with the template of Jung having the cavity, two mesas, and light blocking portion because the mesa portions help prevent contact of other parts of the mold with the material during imprinting, see [0059], the light-blocking layer helps to control the irradiation, see [0063], and the cavity helps the mesa portions warp to contact the imprint material with the pattern, see [0058]. Regarding claim 2, Inanami meets the claimed, The pattern design method according to claim 1, wherein the pattern density includes an area ratio or a volume ratio. (Inanami [0057] describes a surface area ratio.) Regarding claim 3, Inanami meets the claimed, The pattern design method according to claim 1, wherein the first range is ±10% with respect to a pattern density of at least one of the plurality of imaginary regions (Inanami [0060] describes arranging a dummy pattern in the placement areas based on the surface area ratio such that the new surface area ratio is set to a desired value. Therefore, the pattern density is always at the desired value.) Regarding claim 4, Inanami meets the claimed, The pattern design method according to claim 3, wherein the at least one imaginary region has a highest pattern density among the plurality of imaginary regions (Inanami [0060] describes arranging a dummy pattern in the placement areas based on the surface area ratio such that the new surface area ratio is set to a desired value therefore, at least one region would have a higher density or more than one region would tie as being the highest density.) Regarding claim 5, Inanami meets the claimed, A pattern formation method, comprising: preparing data of a template, the template including: the patterned surface including a center portion and an outer peripheral portion surrounding the center portion when viewed in the vertical direction; (Inanami Figure 18 shows a center and outer portion of the template) designing a first device pattern on the center portion of the patterned surface; (Inanami [0056] describes generating a template pattern) designing a second device pattern on the outer peripheral portion of the patterned surface; (Inanami [0058] describes arranging a dummy template pattern, see Figure 18 showing the dummy pattern 32 is in at least one outer peripheral portion) defining a plurality of imaginary regions on the outer peripheral portion along a circumferential direction to form a quadrangular frame shape to thereby entirely surround the center portion when viewed in the vertical direction; (Inanami [0056] describes dividing the pattern area into a plurality of smaller areas, see Figure 18 showing the regions make a frame around the outer periphery) calculating a pattern density of each of the plurality of imaginary regions; (Inanami [0059] describes calculating the surface area ratio of each divided area) determining an optimal distance between each of the imaginary regions and an edge of the outer peripheral portion based on the pattern density of a corresponding one of the imaginary regions; and displacing each of the imaginary regions toward a position distant from the edge of the outer peripheral portion based on the optimal distance (Inanami [0058]-[0060] describe determining the location of the patterns in the regions based on the surface area ratio, the location would necessarily include the distance to the edge, since the location is based on the surface area ratio the distance is optimal in terms of the surface area ratio.) Alternatively, Aritsuka also describes adding dummy patterns to an imprint template and meets the claimed, defining a plurality of imaginary regions on the outer peripheral portion along a circumferential direction to form a quadrangular frame shape to thereby entirely surround the center portion when viewed in the vertical direction; (Aritsuka [0084]-[0085] and Figure 8 show dividing an outer peripheral portion into unit regions, dummy pattern regions 33, which are along the periphery of the pattern region 31.) It would have been obvious to a person of ordinary skill in the art before the filing date to combine the method of dividing he template as described in Inanami with the divisions along the entire periphery as shown in Aritsuka in order to designate regions for further patterning, see Aritsuka [0085]-[0087]. Inanami does not disclose a mold with two mesa portions, a light shielding portion, or a recessed portion. Analogous in the field of imprinting, Jung also describes an imprinting template and meets the claimed, a substrate portion having a first side and a second side opposite to the first side in a vertical direction, the first side having a planar shape, the second side having a recessed portion to be recessed in the vertical direction; (Jung [0058] and [0063] describes the template 300D shown in Figure 14 which includes a planar bottom side and a second side with a cavity 303) a first mesa portion formed on the first side of the substrate portion to protrude therefrom in the vertical direction, the first mesa portion having a quadrangular frame shape when viewed in the vertical direction; (Jung [0058] and [0063] describe a second mesa portion 320 with a second surface 321 forming a frame shape a second mesa portion formed on the first mesa portion to protrude therefrom in the vertical direction, the second mesa portion having a patterned surface of a quadrangular shape enclosed by the quadrangular frame shape of the first mesa portion, when viewed in the vertical direction, (Jung [0058] and [0063] describe first mesa portion 310 which has a patterned surface 311 and is surrounded by the second surface 321) and a light-shielding portion formed in the first mesa portion to have the quadrangular frame shape when viewed in the vertical direction; designing a first device pattern on the center portion of the patterned surface (Jung [0063] describes light blocking layer 350D on the second surface 321.) It would have been obvious to a person of ordinary skill in the art before the filing date to combine the template of Inanami with the template of Jung having the cavity, two mesas, and light blocking portion because the mesa portions help prevent contact of other parts of the mold with the material during imprinting, see [0059], the light-blocking layer helps to control the irradiation, see [0063], and the cavity helps the mesa portions warp to contact the imprint material with the pattern, see [0058]. Regarding claim 6, Inanami meets the claimed, The pattern design method according to claim 5, wherein the pattern density includes an area ratio or a volume ratio (Inanami [0057] describes a surface area ratio.) Regarding claim 7, Inanami meets the claimed, A method comprising: preparing data of a template, the template including: (Inanami [0056] describes generating a template pattern) , the patterned surface including a center portion and an outer peripheral portion surrounding the center portion when viewed in the vertical direction; (Inanami Figure 18 shows a center and outer portion of the template) designing a first device pattern on the center portion of the patterned surface; (Inanami [0056] describes generating a template pattern) designing a second device pattern on the outer peripheral portion of the patterned surface; (Inanami Figure 18 shows patterns in peripheral areas that are not dummy patterns such as at A-C, D, F, etc.) defining a plurality of imaginary regions on the outer peripheral portion along a circumferential direction to form a quadrangular frame shape to thereby entirely surround the center portion when viewed in the vertical direction; (Inanami [0056] describes dividing the pattern area into a plurality of smaller areas, see Figure 18 showing the regions make a frame around the outer periphery) calculating a pattern density of each of the imaginary regions; (Inanami [0059] describes calculating the surface area ratio of each divided area) and disposing a dummy pattern in each of the imaginary regions to adjust a pattern density of a sum of the second device pattern and the dummy pattern in each of the imaginary regions to fall within a first range; (Inanami [0060] describes arranging a dummy pattern in the placement areas based on the surface area ratio such that the new surface area ratio is set to a desired value) and forming the first device pattern and the second device pattern in the patterned surface (Inanami [0056] and [0058] describe forming the template pattern.) Inanami does not disclose a mold with two mesa portions, a light shielding portion, or a recessed portion. Analogous in the field of imprinting, Jung also describes an imprinting template and meets the claimed, a substrate portion having a first side and a second side opposite to the first side in a vertical direction, the first side having a planar shape, the second side having a recessed portion to be recessed in the vertical direction; (Jung [0058] and [0063] describes the template 300D shown in Figure 14 which includes a planar bottom side and a second side with a cavity 303) a first mesa portion formed on the first side of the substrate portion to protrude therefrom in the vertical direction, the first mesa portion having a quadrangular frame shape when viewed in the vertical direction; (Jung [0058] and [0063] describe a second mesa portion 320 with a second surface 321 forming a frame shape) a second mesa portion formed on the first mesa portion to protrude therefrom in the vertical direction, the second mesa portion having a patterned surface of a quadrangular shape enclosed by the quadrangular frame shape of the first mesa portion, when viewed in the vertical direction (Jung [0058] and [0063] describe first mesa portion 310 which has a patterned surface 311 and is surrounded by the second surface 321) and a light-shielding portion formed in the first mesa portion to have the quadrangular frame shape when viewed in the vertical direction (Jung [0063] describes light blocking layer 350D on the second surface 321.) It would have been obvious to a person of ordinary skill in the art before the filing date to combine the template of Inanami with the template of Jung having the cavity, two mesas, and light blocking portion because the mesa portions help prevent contact of other parts of the mold with the material during imprinting, see [0059], the light-blocking layer helps to control the irradiation, see [0063], and the cavity helps the mesa portions warp to contact the imprint material with the pattern, see [0058]. Regarding claim 8, Inanami meets the claimed, The pattern design method according to claim 5, wherein the plurality of imaginary regions includes a first region and a second region where the pattern density is higher than the first region; (Inanami [0063] and Figure 12 show area 31 has a larger density than area 32 which has a larger density than area 33) the distance of the second region is longer than distance of the first region (Figure 12 shows the area 32 is further from the edge of the plate than area 33.) Regarding claim 9, Inanami meets the claimed, The pattern design method according to claim 1, wherein the plurality of imaginary regions includes a square shape or a rectangular shape (Inanami Figure 18 shows rectangles.) Regarding claim 10, Inanami meets the claimed, The pattern design method according to claim 5, wherein the optimal distance is a distance from the edge of the outer peripheral portion to an inner side of the patterned surface (Inanami [0058]-[0060] describe determining the location of the patterns in the regions based on the surface area ratio, the location would necessarily include the distance of at least some part of the pattern to the edge. The term “inner side of the patterned surface” is broad because there is no “inner side” specified and can also refer to any point on the surface of the pattern area.) Regarding claim 11, Inanami meets the claimed, The pattern design method according to claim 7, wherein the plurality of regions includes a square shape or a rectangular shape (Inanami Figure 18 shows rectangles.) Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to VICTORIA BARTLETT whose telephone number is (571)272-4953. The examiner can normally be reached Monday - Friday 9:00 am-5:00 pm EST. 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, Sam Zhao can be reached at 571-270-5343. 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. /V.B./Examiner, Art Unit 1744 /XIAO S ZHAO/Supervisory Patent Examiner, Art Unit 1744
Read full office action

Prosecution Timeline

Mar 01, 2024
Application Filed
Aug 12, 2025
Non-Final Rejection mailed — §103
Nov 12, 2025
Response Filed
Jan 23, 2026
Final Rejection mailed — §103
Apr 23, 2026
Request for Continued Examination
Apr 25, 2026
Response after Non-Final Action
Jun 25, 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

3-4
Expected OA Rounds
51%
Grant Probability
82%
With Interview (+31.1%)
3y 2m (~8m remaining)
Median Time to Grant
High
PTA Risk
Based on 191 resolved cases by this examiner. Grant probability derived from career allowance rate.

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