DETAILED ACTION
Claims 1-15 are pending before the Office for review.
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
Claims 11-14 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on April 27, 2026.
Applicant's election with traverse of Group I (claims 1-10 and 15) in the reply filed on April 27, 2026 is acknowledged. The traversal is on the ground(s) that it would not be a serious burden to continue examination of Groups I-III together. It is Applicant’s position that there is no serious burden as there common elements in groups I-III and because of these common element it would necessitate similar or identical search strategies. In addition Applicant argues that the restrictions does not demonstrate that the technical feature of groups I-III is not a special technical feature . This is not found persuasive because the Examiner maintains that while groups I-III share a technical feature it is not a special technical feature in view of the rejection of record below under Choi et al (U.S. Patent Application Publication 2013/0214452) in view of Slafer (U.S. Patent Application Publication 2014/0151935). As such the Examiner maintains the restriction requirement,
The requirement is still deemed proper and is therefore made FINAL.
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 1-10 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over CHOI et al (U.S. Patent Application Publication 2013/0214452) in view of SLAFER (U.S. Patent Application Publication 2017/0151935).
With regards to claim 1, Choi discloses roll-to-plate imprinting process for the texturing of a substrate with a relief structure (80a) via a flexible stamp (relief template 80) comprising at least one imprint texture wherein a resin or lacquer is applied onto the substrate or onto the flexible stamp or both (Paragraphs [0054]-[0069] Figures 9-10 discloses providing a template 80a or a replica template wherein the template may be loaded onto a rollers 90a and 90b and wherein the imprinting material may be dispersed on the belt or on the substrate for imprinting the material onto the surface of a substrate wherein the imprinting material 34 maybe made of a formable material including a polymerizable material).
However Choi does not explicitly disclose wherein a resin or a lacquer is non-uniformly applied onto the substrate or onto the flexible stamp, or both, in an inhomogeneous pattern, wherein a majority of the resin or lacquer is positioned on the flexible stamp at a leading edge side of the at least one imprint texture and/or the majority of the resin or lacquer is positioned on the substrate at the position of first contact with said stamp and/or at leading edge sides of at least one active area.
Slafer discloses a roll to plate imprinting process for texturing a substrate with a relief structure via a stamp (roller 613) comprising at least one imprint texture, wherein an imprinting fluid is dispensed directly onto a template or substrate wherein the fluid can be deposited in a on uniform pattern wherein a larger concentration of fluid is deposited at an edge between the roller and substrate (Figures 9-10 Paragraphs [0036]-[0045]). As such Choi as modified by Slafer renders obvious wherein a resin or a lacquer is non-uniformly applied onto the substrate or onto the flexible stamp, or both, in an inhomogeneous pattern , wherein a majority of the resin or lacquer is positioned on the flexible stamp at a leading edge side of the at least one imprint texture and/or the majority of the resin or lacquer is positioned on the substrate at the position of first contact with said stamp and/or at leading edge sides of at least one active area. (Choi Paragraphs [0035]-[0037] discloses depositing a formable material on a substrate wherein the formable material may be deposited in a drop pattern wherein the drop pattern may be based on design considerations and/or determined by particular specification Slafer Paragraphs [0043]-[0045] discloses depositing directly onto the template or substrate wherein the fluid may be dispensed in a pattern with a higher concentration at nip 917 Figures 9-10).
It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date of the invention to modify he method of Choi to include the non-uniformly applied resin or lacquer and inhomogeneous pattern as rendered obvious by Slafer because the reference of Slafer teaches that these fluid deposition control represents a significant improvement by improving the capability to form more accurate patterned layers while also improving cost effectiveness by supplying correct amounts of specific fluids when and where necessary (Paragraph [0012]) and one of ordinary skill in the art prior to the effective filing date of the invention would have had a reasonable expectation of predictable achieving the desired imprinting using the dispersing as rendered obvious by Slafer. MPEP 2143D
With regards to claims 2 and 15, the modified teachings of Choi discloses depositing the formable material onto a substate in an area to be imprinted; wherein the substrate may be patterned using a template that may include a patterning surface; wherein the patterning surface may be defined by a plurality of features based on the final pattern desired on film sheet 12; wherein the pattern is imprinted onto the surface based on the location of the rollers; wherein the rollers are spaced apart based on the field of size wherein the template dimensions may have a Length and width, wherein the width of the template is slightly smaller than the substrate and the L/W ration can be 0.1 to 50, wherein the substrate surface may be imprinted multiple times for multiple fields (Choi Paragraphs [0029]-[0032], [0036], [0065]-[0066]) rendering obvious wherein the resin is applied in a coating area (field size) prior to imprinting, wherein a surface area of the coating area comprises less than 50 % or less than 30% of a surface area of the substrate.
With regards to claim 3, the modified teachings of Choi renders obvious wherein a coating area is a part of the at least once active area and/or the coating are is position outside or partially outside of the at least one active area (Choi Paragraphs [0038], [0055], [0064]-[0070], [0074] discloses coating an area with a pattern on the substrate wherein the pattern may be continuous or spaced Slafer Paragraphs [0016]-[0017] discloses coating area may be an area that is coated with a pattern or a blank area).
With regards to claim 4, the modified teachings of Choi renders obvious wherein the pattern comprises droplets (Slafer Paragraphs [0044]-[0045] Figure 9-10).
With regards to claim 5, the modified teachings of Choi renders obvious wherein the pattern is a discontinuous pattern (Slafer Paragraphs [0044]-[0045] Figure 9-10).
With regards to claim 6, the modified teachings of Choi renders obvious wherein the pattern at least partially comprises a random distribution of resin (Slafer Paragraph [0036]-[0045] discloses the dispensed fluid may be deposited in a uniform application or deposited by an array of locations dependent on the number of nozzles and template pattern).
With regards to claim 7, the modified teachings of Choi renders obvious wherein in a continuous imprinting process the resin or lacquer is distributed over the at least one active area before or at the same time as the imprint texture is imprinted into the resin or lacquer in the at least one active area (Choi Paragraphs [0038], [0055], [0064]-[0070], [0074] discloses dispensing the resin over the substrate or template for coating an area with a pattern on the substrate wherein the pattern may be continuous or spaced Slafer Paragraphs [0016]-[0017] discloses dispensing the coating fluid in the coating area of the substrate or template wherein an area that is coated with a pattern).
With regards to claim 8, the modified teachings of Choi renders obvious wherein the distributed resin or the lacquer covers at least 70% of the surface area of the substrate after imprinting (Choi Paragraphs [0038], [0055], [0064]-[0070], [0074]-[0075] discloses coating an area with a pattern on the substrate wherein the pattern may be continuous or spaced wherein the surface of the substrate may be covered with imprint fields).
With regards to claim 9, the modified teachings of Choi renders obvious wherein the substrate has at least one open area after imprinting process which is free of resin or lacquer (Choi Paragraphs [0038], [0055], [0064]-[0070], [0074]-[0075] discloses coating an area with a pattern on the substrate wherein the pattern may be continuous or spaced rendering obvious an open area which is free of resin or lacquer).
With regards to claim 10, the modified teachings of Choi renders obvious wherein the distributed resin or lacquer covers at least two separate regions on the substrate which are separated from each other by regions which remain uncovered with the resin or lacquer after the imprinting and curing of the resin or lacquer, providing two or more separated active regions on the substrate (Choi Paragraphs [0038], [0055], [0064]-[0070], [0074]-[0075] discloses coating an area with a pattern on the substrate wherein the pattern may be continuous or spaced wherein the pattern may be cured and repeated on the same substrate).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEPHANIE P. DUCLAIR whose telephone number is (571)270-5502. The examiner can normally be reached 9-6:30 M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joshua Allen can be reached at 571-270-3176. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/STEPHANIE P DUCLAIR/Primary Examiner, Art Unit 1713
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