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 .
Response to Arguments
Applicant’s arguments, see Remarks Rejections under 35 USC 103, filed 12/17/2025, with respect to the rejection(s) of claim(s) under 35 USC 103 have been fully considered and are persuasive, the amendments made overcome the rejections as written. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made incorporating US 20200223948 A1 Malic et al
Claim Objections
Claim 1-14 objected to because of the following informalities: Claim 1 recites the limitation “the trenches a filled with high-Z nano-particles” should recited ~the trenches are filled with high-Z nano-particles~. Appropriate correction is required.
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.
Claims 1, 3, 4, 6-7, 10, 13-20, and 22-23 are rejected under 35 U.S.C. 103 as being obvious over US 20150151527 A1 Teshima et al hereafter “Teshima” and in further view of US 20110317819 A1 Shaw and in further view of US 20200223948 A1 Malic et al hereafter “Malic”
Claim 1 Teshima teaches a patterned substrate, comprising:
a substrate (12 fig. 3D not labeled but sufficiently illustrated; labeled fig. 3A);
a plurality of trenches (15 fig. 3D not labeled but sufficiently illustrated, labeled fig. 3C) having vertical sidewalls (the lateral walls of 15 fig. 3D) and extending through the mask layer and into the substrate (sufficiently illustrated fig. 3D, wherein the trenches a filled with high-Z nano-particles suspended in a carrier fluid [17 fig. 3D sufficiently disclosed paragraph 0056].
Teshima does not teach within the embodiment and/or device of fig. 3D a mask layer disposed on the substrate nor the carrier fluid being polymeric nor the high-Z nanoparticles being uniformly dispersed.
a photoresist layer disposed on the mask layer in the form of a pattern.
However, Teshima does teach an intermediate product of the device of fig. 3D in fig. 3B comprising a mask layer (14 fig. 3D not labeled but sufficiently illustrated; labeled fig. 3B) disposed on the substrate [sufficiently illustrated fig. 3D];
a photoresist layer (on the positive photoresist applied to 14, disclosed with sufficient specificity as present paragraph 0051 “A positive resist is applied to the chromium mask 14. Photoresist dot patterns each having a diameter of 4 .mu.m are two-dimensionally formed at intervals of 8 .mu.m in a 55 mm.times.55 mm region on the positive resist by semiconductor photolithography”) disposed on the mask layer in the form of a pattern (sufficiently disclosed paragraph 0051 “Photoresist dot patterns”); wherein the device of fig. 3D is formed in part by a UV Ozone asking and aqueous chromium etching process that removes the photoresist layer [Sufficiently disclosed paragraph 0053].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Teshima by omitting the product-by-process step of UV Ozone asking and aqueous chromium etching of the mask layer and photoresist layer such that the embodiment and/or device of Teshima fig. 3D includes “a mask layer disposed on the substrate; a photoresist layer disposed on the mask layer in the form of a pattern” as Omission of a step and its function is obvious if the function of the step is not desired (in this case reducing the vertical profile of the device and/or removal of material) [See MPEP 2144.04 II. A.] and/or it would be obvious for the benefit of decreasing the manufacturing time and/or number of manufacturing steps to produce the device.
In view of the modification as shown above the limitation “wherein the trenches are aligned with the pattern in the photoresist layer” is necessarily met as Fig. 3B illustrates the mask layer 14 comprising photoresist layer aligned with an oxide mask layer 13 and Fig. 3D illustrates the oxide mask layer aligned with the trenches 15.
Shaw teaches an X-ray grid [matrix] device (fig. 1 and fig. 4) comprising trenches (sufficiently illustrated) filled with a cured mixture of high-z nano particles and a polymeric carrier fluid (12 fig. 1 and fig. 4, comprising 42 fig. 4 sufficiently disclosed Paragraph 0029 “gold” and “polymer (e.g. epoxy, etc)”, met under broadest reasonable interpretation and/or MPEP 2113 as the resulting structure and composition is the same as claimed and/or disclosed).
It would have been obvious to one of ordinary skill in the art before the effective filing date to take the gold plating layer modified Teshima teaches and select the material that Shaw teaches and such that the carrier fluid is a polymeric carrier fluid as selection of a known material for its known material properties is prima facie type obviousness [see MPEP 2144.07].
Malic teaches a material comprising a uniformly dispersed High-Z nanoparticles in a polymeric carrier fluid [Sufficiently disclosed paragraph 0010 “Polymer microparticle-metal nanoparticle composites were prepared via irradiating microdroplets” wherein “microdroplets” are the polymeric carrier fluid and “A uniform distribution of gold nanoparticles within the polymeric microparticles” wherein gold is High-Z] and the application of such a material in optical/light-based fields/devices of spectroscopy, enhanced imaging [paragraph 0003], and sensors [Paragraph 00120]. Malic further teaches that metallic nanoparticles and/or plasmonic nanoparticles, such as uniformly distributed gold nanoparticles within polymeric microparticles, exhibit advantageous geometric, size-related, scattering, absorbance, and light coupling material properties [Paragraph 0003].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the material Teshima in view of Shaw teaches in further in further view of Malic such that the limitation “high-Z nano-particles suspended and uniformly dispersed in a polymeric carrier fluid” as selection of a known material based on its suitability for its intended use is prima facie type obviousness [See MPEP 2144.07] in this case it known scattering, absorbance, light coupling, and size-related material properties.
Claim 3 Modified Teshima in view of Shaw and Malic teaches as shown above the patterned substrate of claim 1, wherein the substrate comprises a silicon substrate [“silicon substrate” disclosed paragraph 0050].
Claim 4 Modified Teshima in view of Shaw and Malic teaches as shown above the patterned substrate of claim 1, wherein the vertical sidewalls have aspect ratios of 20:1 or greater (discloses with sufficient specificity in Paragraph 0046 “ the holes 7 have an aspect ratio of between 7 and 60” [See MPEP 2131.03 II], and fig. 3D illustrates the corresponding recess 15 being substantially the same, Fig. 3D illustrates but does not label 7 and 5, see fig. 3C-3E that also illustrates how recesses 15 form holes 7)
Claim 6 Modified Teshima in view of Shaw and Malic as shown above the patterned substrate of claim 1, wherein the substrate comprises a silicon wafer [sufficiently illustrated as a wafer fig. 3D under broadest reasonable interpretation wafer includes the meaning “a thin slice of semiconductor (such as silicon) used as a base for an electronic component or circuit” Meriam Webster, “silicon substrate” disclosed paragraph 0050].
Claim 7 Modified Teshima in view of Shaw and Malic as shown above teaches the patterned substrate of claim 1, wherein the photoresist layer is photolithographically patterned [disclosed with sufficient specificity Paragraph 0051 “Photoresist dot patterns each having a diameter of 4 .mu.m are two-dimensionally formed at intervals of 8 .mu.m in a 55 mm.times.55 mm region on the positive resist by semiconductor photolithography”].
Claim 10 Modified Teshima in view of Shaw and Malic as shown above the patterned substrate of claim 1, wherein the substrate is etched by performing a deep reactive ion etch of the substrate [sufficiently disclosed Paragraph 0052 “plasma-reactive ion etching” and “anisotropic deep etching”].
Regarding claim 13 modified Teshima in view of Shaw and Malic teaches the patterned substrate of claim 1, wherein:
the mixture of high-z nano-particles and the polymeric carrier fluid cures to a solid state to form a metallized grid structure (met in view of the gold polymer epoxy grid of Shaw [Paragraph 0029], See MPEP 2113) .
Regarding claim 14 modified Teshima in view of Shaw and Malic teaches as shown above the patterned substrate of claim 13, wherein the high-Z nano-particles comprise at least one of hafnium, tantalum, tungsten, rhenium, osmium, iridium, platinum, gold, mercury, thallium, lead, bismuth, polonium, or depleted uranium. [ “gold” Paragraph 0056]
Regarding claim 15 Teshima teaches A metallized grid structure, comprising:
a substrate (12 fig. 3D, illustrated but not labeled, see fig. 3A for label) including a plurality of trenches [sufficiently illustrated fig. 3D but not labeled, labeled as 15 within fig. 3C];
a cured mixture of high-Z nano-particles and a carrier fluid (17 fig. 3D, sufficiently disclosed by “gold plating solution” Paragraph 0056, The structure implied by the process language “cured” is a solid layer formed from a carrier fluid material (MPEP 2113)) is disposed in the plurality of trenches [illustrated fig. 3D], wherein the cured mixture forms a metallized grid structure (17 Fig. 3D)
Teshima does not teach the carrier fluid being a polymeric carrier fluid nor the high-Z nanoparticles being uniformly dispersed.
Shaw teaches an X-ray grid [matrix] device (fig. 1 and fig. 4) comprising trenches (sufficiently illustrated) filled with a cured mixture of high-z nano particles and a polymeric carrier fluid (12 fig. 1 and fig. 4, comprising 42 fig. 4 sufficiently disclosed Paragraph 0029 “gold” and “polymer (e.g. epoxy, etc)”, met under broadest reasonable interpretation and/or MPEP 2113 as the resulting structure and composition is the same as claimed and/or disclosed).
It would have been obvious to one of ordinary skill in the art before the effective filing date to the gold plating layer Teshima teaches and select the material that Shaw teaches and such that the carrier fluid is a polymeric carrier fluid as selection of a known material for its known material properties is prima facie type obviousness [see MPEP 2144.07].
Malic teaches a material comprising a uniformly dispersed High-Z nanoparticles in a polymeric carrier fluid [Sufficiently disclosed paragraph 0010 “Polymer microparticle-metal nanoparticle composites were prepared via irradiating microdroplets” wherein “microdroplets” are the polymeric carrier fluid and “A uniform distribution of gold nanoparticles within the polymeric microparticles” wherein gold is High-Z] and the application of such a material in optical/light-based fields/devices of spectroscopy, enhanced imaging [paragraph 0003], and sensors [Paragraph 00120]. Malic Further teaches that metallic nanoparticles and/or plasmonic nanoparticles, such as uniformly distributed gold nanoparticles within polymeric microparticles, exhibit advantageous geometric, size-related, scattering, absorbance, and light coupling material properties [Paragraph 0003].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the material Teshima in view of Shaw teaches in further in further view of Malic such that the limitation “high-Z nano-particles suspended and uniformly dispersed in a polymeric carrier fluid” as selection of a known material based on its suitability for its intended use is prima facie type obviousness [See MPEP 2144.07] in this case it known scattering, absorbance, light coupling, and size-related material properties.
Regarding claim 16 Teshima in view of Shaw and Malic as shown above teaches the metallized grid structure of claim 15, wherein the high-Z nano-particles comprise at least one of hafnium, tantalum, tungsten, rhenium, osmium, iridium, platinum, gold, mercury, thallium, lead, bismuth, polonium, or depleted uranium [the embodiment of Gold as shown in claim 16].
Regarding claim 17 Teshima in view of Shaw and Malic as shown above the metallized grid structure of claim 15, wherein the plurality of trenches have aspect ratios of 20:1 or greater (discloses with sufficient specificity in Paragraph 0046 “ the holes 7 have an aspect ratio of between 7 and 60” [See MPEP 2131.03 II], and fig. 3D illustrates the corresponding recess 15 being substantially the same, Fig. 3D illustrates but does not label 7 and 5, see fig. 3C-3E that also illustrates how recesses 15 form holes 7).
Regarding claim 18 Teshima teaches a grid structure, comprising:
a substrate (12 fig. 3D illustrated but not labeled, labeled in fig. 3A) in which a plurality of trenches (15 fig. 3D illustrated, but not labeled, labeled in fig. 3C) are formed; and
a cured carrier fluid disposed within the plurality of trenches, wherein a plurality of high-z nano-particles are suspended within the cured carrier fluid (“gold plating layer” 17 fig. 3D, sufficiently disclose as “the gold plating solution” paragraph 0056 which qualifies as the carrier fluid, “gold” qualifies the high-z nano-particles suspended within it). [The structure implied by the process language “cured” is a solid layer formed of carrier fluid material (MPEP 2113).]
Teshima does not teach the cured carrier fluid being polymeric nor the high-Z nanoparticles being uniformly dispersed.
Shaw teaches an X-ray grid [matrix] device (fig. 1 and fig. 4) comprising trenches (sufficiently illustrated) filled with a cured mixture of high-z nano particles and a polymeric carrier fluid (12 fig. 1 and fig. 4, comprising 42 fig. 4 sufficiently disclosed Paragraph 0029 “gold” and “polymer (e.g. epoxy, etc)”, the term “cured” is met under broadest reasonable interpretation and/or MPEP 2113).
It would have been obvious to one of ordinary skill in the art before the effective filing date to the gold plating layer Teshima teaches and select the material that Shaw teaches and such that the carrier fluid is a polymeric carrier fluid as selection of a known material for its known material properties is prima facie type obviousness [see MPEP 2144.07]
Malic teaches a material comprising a uniformly dispersed High-Z nanoparticles in a polymeric carrier fluid [Sufficiently disclosed paragraph 0010 “Polymer microparticle-metal nanoparticle composites were prepared via irradiating microdroplets” wherein “microdroplets” are the polymeric carrier fluid and “A uniform distribution of gold nanoparticles within the polymeric microparticles” wherein gold is High-Z] and the application of such a material in optical/light-based fields/devices of spectroscopy, enhanced imaging [paragraph 0003], and sensors [Paragraph 00120]. Malic Further teaches that metallic nanoparticles and/or plasmonic nanoparticles, such as uniformly distributed gold nanoparticles within polymeric microparticles, exhibit advantageous geometric, size-related, scattering, absorbance, and light coupling material properties [Paragraph 0003].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the material Teshima in view of Shaw teaches in further in further view of Malic such that the limitation “high-Z nano-particles suspended and uniformly dispersed in a polymeric carrier fluid” as selection of a known material based on its suitability for its intended use is prima facie type obviousness [See MPEP 2144.07] in this case it known scattering, absorbance, light coupling, and size-related material properties.
Regarding claim 19 Teshima in view of Shaw and Malic teaches the grid structure of claim 18, wherein each trench of the plurality of trenches has an aspect ratio of 20:1 or greater (discloses with sufficient specificity in Paragraph 0046 “the holes 7 have an aspect ratio of between 7 and 60” [See MPEP 2131.03 II], and fig. 3D illustrates the corresponding recess 15 being substantially the same, Fig. 3D illustrates but does not label 7 and 5, see fig. 3C-3E that also illustrates how recesses 15 form holes 7).
Regarding claim 20 Teshima in view of Shaw and Malic teaches as shown above the grid structure of claim 18, wherein the cured carrier fluid comprises an epoxy resin matrix [met in view of Shaw as shown above for claim 18, Shaw 12 fig. 1, comprising 42 fig. 4 sufficiently disclosed Paragraph 0029 “gold” and “polymer (e.g. epoxy, etc)” wherein both Teshima and Shaw teach X-ray grid [matrix] devices].
Regarding claim 22 Teshima teaches as shown above the grid structure of claim 18, wherein the plurality of nano-particles comprise at least one of hafnium, tantalum, tungsten, rhenium, osmium, iridium, platinum, gold, mercury, thallium, lead, bismuth, polonium, or depleted uranium [“Gold” Paragraph 0046].
Regarding claim 23 Teshima in view of Shaw and Malic teaches as shown above The grid structure of claim 18, wherein the grid structure is a component of an imaging grating, a capacitive MEMS device, an electrostatic MEMS device, a magnetic MEMS device, an electromagnetic MEMS device, a radiofrequency MEMS device, or an inertial MEMS device [sufficiently disclosed Paragraph 0047 as imaging grating, “X-Ray talbot interferometer” illustrated fig. 2, wherein the grid structure (2 comprising 17) is the shield grating 300 fig. 2].
Claims 2, 5 and 8-9 are rejected under 35 U.S.C. 103 as being unpatentable over Modified Teshima in view of Shaw and Malic and in further view of US 20190131140 A1 Sun et al hereafter “Sun”.
Regarding claim 2 Modified Teshima in view of Shaw and Malic teaches the patterned substrate of claim 1, wherein the mask layer comprises chromium.
Modified Teshima in view of Shaw and Malic does not teach wherein the mask layer comprises an aluminum layer.
Sun teaches a mask layer (106 fig. 1a) comprises an aluminum layer (Sufficiently disclosed Paragraph 0227 “aluminum”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to take the mask layer as taught by Modified Teshima in view of Shaw and select an aluminum material for the mask layer as Sun teaches such that “the mask layer comprises an aluminum layer” to improve etch resistance during SiO/SiN layer etching [Sun Paragraph 0027], and/or selection of a known material for it’s know material properties is prima facie type obviousness [See MPEP 2144.07].
Regarding claim 5 modified Teshima in view of Shaw and Malic teaches as shown above the patterned substrate of claim 1,
Modified Teshima in view of Shaw and Malic does not teach wherein the mask layer is deposited using electron beam (e-beam) evaporation to deposit an aluminum layer.
Sun teaches a mask layer (106 fig. 1a) is deposited using electron beam (e-beam) evaporation to deposit an aluminum layer. (an embodiment is Sufficiently disclosed of an aluminum layer Paragraph 0227 “aluminum”)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to take the mask layer as taught by modified Teshima in view of Shaw and Malic and select an aluminum material for the mask layer as Sun teaches such that “the mask layer comprises an aluminum layer” to improve etch resistance during SiO/SiN layer etching [Sun Paragraph 0027], and/or selection of a known material for it’s know material properties is prima facie type obviousness [See MPEP 2144.07].
Regarding claim 8 Modified Teshima in view of Shaw and Malic teaches the patterned substrate of claim 1,
Teshima in view of Shaw and Malic does not teach wherein the photoresist layer has a thickness of at least 7.5 µm when applied.
Sun teaches a photoresist layer (112 fig. 1a) and that “A phase shift of half wavelength for the wave passing through the DARC can be achieved by optimizing the thickness and the refractive index of the DARC” wherein the DARC comprises “an antireflective coating in combination with deep ultraviolet (DUV) photoresists during photolithography because of its ability to absorb light” [Paragraph 0228].
It would have been obvious to one of ordinary skill in the art to take the device as Teshima in view of Shaw and Malic teaches and make adjustments to the thickness of the photoresist layer as Sun teaches such that “the photoresist layer has a thickness of at least 7.5 µm when applied” as part of a routine optimization of the result effected variables absorptivity, optical properties, and resulting etching defects [Sun Paragraph 0228, See MPEP 2144.05 II].
Regarding claim 9 Teshima in view of Shaw and Malic teaches as shown above the patterned substrate of claim 1,
Teschima in view of Shaw and Malic does not teach wherein the mask layer is etched by wet etching an aluminum layer through the pattern.
Sun teaches a mask layer (106 fig. 1a) is etched by wet etching an aluminum layer through the pattern (an embodiment is sufficiently disclosed of an aluminum layer Paragraph 0227 “aluminum”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to take the mask layer as taught by Teshima in view of Shaw and Malic and select an aluminum material for the mask layer as Sun teaches such that “the mask layer comprises an aluminum layer” to improve etch resistance during SiO/SiN layer etching [Sun Paragraph 0027], and/or selection of a known material for it’s know material properties is prima facie type obviousness [See MPEP 2144.07].
Claims 11-12 are rejected under 35 U.S.C. 103 as being unpatentable over Teshima, in view of Shaw and Malic as applied to the claims above, and further in view of US 20170352552 A1 Lee hereafter “Lee”.
Regarding claim 11 Teshima in view of Shaw and Malic teaches as shown above the patterned substrate of claim 1,
Teshima in view of Shaw does not teach wherein: the plurality of trenches of the structure is aligned with a corresponding plurality of trenches of an additional structure such that the plurality of trenches and the corresponding plurality of trenches face one another or are aligned in the same orientation; and the structure is joined to the additional structure.
Lee teaches a plurality of trenches (H1 fig. 3B) of a structure (ST1 fig. 3B) is aligned with a corresponding plurality of trenches (H2 fig. 3B) of an additional structure (ST2 Fig. 3B) such that the plurality of trenches and the corresponding plurality of trenches face one another or are aligned in the same orientation [illustrated fig. 3B]; and the structure is joined to the additional structure [illustrated fig. 3B].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to take the device as Teshima in view of Shaw and Malic teaches and duplicate it such that “the plurality of trenches of the structure is aligned with a corresponding plurality of trenches of an additional structure such that the plurality of trenches and the corresponding plurality of trenches face one another or are aligned in the same orientation; and the structure is joined to the additional structure” as Lee teaches as duplication of parts is prima facie type obviousness [see MPEP 2144.04 IV B].
Regarding claim 12 Teshima in view of Shaw, Malic and Lee the patterned substrate of claim 11, wherein:
a base surface of the structure is removed to form a secondary structure (ST1 combined with ST2 illustrated fig. 3B) comprising a second plurality of trenches (H1 combined with H2) having aspect ratios greater than those of the structure or the additional structure. [this limitation is met in view of Lee in which there is no base surface between ST1 and ST2, and the aspect ratio of the composite trench comprising H1 combined with H2 is illustrated as being greater then H1 and H2 independently ]
Conclusion
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/WCT/Examiner, Art Unit 2893
/Britt Hanley/Supervisory Patent Examiner, Art Unit 2893