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 Amendment
Claims 7-16 are pending in the Preliminary Amendment filed 09/19/2024.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 7-16 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 7 recites the limitation “the first layer” in line 5. There is insufficient antecedent basis for this limitation in the claim. The claim should read “a first layer”.
Claims 8-16 are rejected as being dependent upon claim 1, and failing to cure the deficiency thereof.
Further as to claim 8, the limitation “forming the material film” creates ambiguity in the claim because the material film has already been formed by the steps of claim 7, and further partially etched by the steps of claim 7 and claim 8. It appears the claim should read “restoring the material film”, as put forth in the instant specification at paragraph 0064, or alternatively “reforming the material layer”.
Claims 9-14 are rejected as being dependent upon claim 8 and failing to cure the deficiency thereof.
Claim Rejections - 35 USC § 102
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 7 and 15-16 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Papasouliotis et al. (US 20110086501 A1).
As to claim 7, Papasouliotis discloses a method of manufacturing a template [Abstract; As to “template” the preamble recites an intended use of the method, but does not result in a manipulative difference to the claimed method and therefore is not given patentable weight. See MPEP 2111.02, II.], comprising:
preparing a substrate containing a first element [Fig. 1a, para. 0012];
implanting ions of a second element different from the first element into at least a pattern 102 of a first face of the substrate forming a material film 114 containing the second element on at least the pattern to form the first layer 112 between the substrate 102 and the material film 114 [Fig. 1b, para. 0015-16]; and
removing the material film 114 [Fig. 1c, para. 0018-21].
As to claim 15, Papasouliotis discloses the method of manufacturing the template according to claim 7, wherein implanting ions of the second element and forming the material film 114 are performed by using PBII&D (plasma-based ion implantation and deposition) [para. 0016].
As to claim 16, Papasouliotis discloses the method of manufacturing the template according to claim 7, wherein a deposition rate of the material film on a sidewall portion of the pattern is lower than a deposition rate of the material film on an upper face of a second protrude portion and a bottom face of a second recess portion of the pattern [Fig. 1b, para. 0016, “the film 114 may have greater thickness near the top portion of the fin 102 than near the side portion of the fin 102”].
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: The additionally cited references are cited to show methods of implanting ions into a substrate in conjunction with forming a deposition layer over the substrate [Abstracts].
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER M REMAVEGE whose telephone number is (571)270-5511. The examiner can normally be reached Monday-Friday 10:00 AM - 3:30 PM.
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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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/CHRISTOPHER REMAVEGE/Examiner, Art Unit 1713
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