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 .
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(s) 1-3, 5 and 22 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chan et al.(US 2017/0170007 A1 hereafter Chan).
Regarding claim 1, Chan discloses, in figures 7-9, comprising of (a) continuously forming a laminated structure comprising a photomask film superimposed on a substrate with a layer of photo-sensitive material (layer 3) therebetween, said photomask film (2) including a pattern of light-transmissive regions and light-blocking regions (masking layer 2)(figure 7); (b) illuminating the photomask film of laminated structure formed in step (a) with light from a light source to expose portions of the photo-sensitive material (3) covered by the light-transmissive regions to the light, while leaving the remaining portions of the photo-sensitive material (3) covered by the light-blocking regions unexposed to the light (figure 8, par.[0088]); (c) delaminating the photomask film from the photo-sensitive material selectively illuminated in step (b); and (d) selectively removing the portions of the photo-sensitive material exposed to the light or the portions of the photo-sensitive material unexposed to the light to form a layer of structures on the substrate (figure 9, par.[0089]). Chan discloses the claimed invention for forming a layer of structures (3) except that said structures are micro-structures. It would have been an obvious matter of design choice to micro-structures, since such a modification (from said structures to micro-structures) would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955).
Regarding claim 2, Chan discloses the method of Claim 1, wherein step (d) comprises selectively removing the portions of the photo-sensitive material exposed to the light to form a layer of microstructures on the substrate (par.[0089]).
Regarding claim 3, Chan discloses the method of Claim 1, wherein step (d) comprises selectively removing the portions of the photo-sensitive material unexposed to the light to form a layer of microstructures on the substrate (par.[0089]).
Regarding claim 5, Chan discloses the method of claim 1, wherein the light comprises a common ultra-violet light (par.[0035]).
Regarding claim 22, Chan discloses the method of claim 1, wherein a layer of microstructures (layer 3, figure 9) on a substrate (4) produced by the method of claim 1.
Claims 1, 6, 7, 12, 20, 21 and 22 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by DEVILLIERS (US 20220351966 A1).
Regarding claim 1, Devilliers discloses, in figures 2A-2C, comprising of (a) continuously forming a laminated structure comprising a photomask film superimposed on a substrate with a layer of photo-sensitive material (layer 215) therebetween, said photomask film (205) including a pattern of light-transmissive regions and light-blocking regions (masking layer 205)(figure 2B); (b) illuminating the photomask film of laminated structure formed in step (a) with light from a light source to expose portions of the photo-sensitive material (231) covered by the light-transmissive regions to the light, while leaving the remaining portions of the photo-sensitive material (231) covered by the light-blocking regions unexposed to the light (figure 2B, par.[0083]); (c) delaminating the photomask film from the photo-sensitive material selectively illuminated in step (b); and (d) selectively removing the portions of the photo-sensitive material exposed to the light or the portions of the photo-sensitive material unexposed to the light to form a layer of structures on the substrate (figure 2C, par.[0084]). Devilliers discloses the claimed invention for forming a layer of structures (231) except for said structures are micro-structures. It would have been an obvious matter of design choice to micro-structures, since such a modification (from said structures to micro-structures) would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955).
Regarding claim 6, Devilliers discloses the method of claim 1, wherein the photo-sensitive material (215) comprises a negative type ultra-violet sensitive material (215).
Regarding claim 7, Devilliers disclose the method of claim 1, wherein the microstructures comprise cross-linked ultra-violet light cured structures.
Regarding claim 12, Devillier discloses the method of claim 1, wherein the substrate (201) laminated in step (a) includes a preexisting set of microstructures formed thereon.
Regarding claim 20, Devillier discloses the method of claim 1, wherein the layer of microstructures on the substrate is used in constructing an electrophoretic device.
Regarding claim 21, Devillier discloses the method of claim 1, wherein the photomask film includes grey scale features to alter the intensity of the light incident on the photo-sensitive material to vary the heights of the microstructures.
Regarding claim 22, Devillier discloses the method of claim 1, wherein a layer of microstructures (layer 230, figure 2C) on a substrate (201) produced by the method of claim 1.
Claims 1, 5, 8, 9, 10, 11 and 17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Seok et al. (KR2021-0067477A of record).
Regarding claim 1, Seok discloses a roll-to-roll seamless microstructure fabrication method (par.64-92, fig. 2,3,7) comprising the steps of:
a. continuously forming a laminated structure comprising a photomask film
(10,20) superimposed on a substrate (70) with a layer of photo-sensitive
material (60) therebetween, said photomask film including a pattern of
light-transmissive regions and light-blocking regions (par. 81-85, fig. 2,7);
b. illuminating the photomask film of laminated structure formed in step a.
with light from a light source to expose portions of the photo-sensitive
material covered by the light-transmissive regions to the light, while
leaving the remaining portions of the photo-sensitive material covered by
the light-blocking regions unexposed to the light (par. 82,83,91,92, fig.
2,3,7);
c. delaminating the photomask film from the photo-sensitive material
selectively illuminated in step b. (par. 83, fig. 2,7); and
d. selectively removing the portions of the photo-sensitive material exposed
to the light or the portions of the photo-sensitive material unexposed to the
light to form a layer of microstructures on the substrate (par. 82,83, fig. 7).
Regarding claim 5, Seok discloses the method of claim 1, wherein the light comprises ultra-violet light (UV-light; par. 82,84,91).
Regarding claim 8, Seok discloses the method of claim 1, wherein step (a) comprises advancing the photomask film, the substrate, and the layer of photo-sensitive material between a pair of pinch rollers to form the laminated structure (where the photomask / substrate stack is advanced between a pair of pinch rollers (par. 84,85, fig. 2,7).
Regarding claim 9, Seok discloses the method of claim 1, further comprising reusing the photomask film delaminated in step (c) in a subsequent microstructure fabrication process (par. 69-74, fig. 7).
Regarding claim 10, Seok discloses the method of claim 1, wherein step (b) is performed while the laminated structure is in transit (par.84, 85; fig.2).
Regarding claim 11, Seok discloses the method of claim 1, wherein the layer of photo-sensitive material is coated on the substrate prior to step (a) (par. 83, fig. 2).
Regarding claim 17, Seok discloses the method of claim 1, wherein step (d) comprises introducing the photo-sensitive material and substrate in a solvent bath for dissolving the portions of the photo-sensitive material to be removed (where a solvent bath is used for development; par.82,83).
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.
Claims 2-4, 18 and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Seok et al., as applied to claim 1 above, and further in view of BUBENDORFER (WO2018/169416).
Seok discloses the method of claim 1. However, Seok does not discloses wherein step (d) comprises selectively removing the portions of the photo-sensitive material exposed to the light to form a layer of microstructures on the substrate, wherein step (d) comprises selectively removing the portions of the photo-sensitive material unexposed to the light to form a layer of microstructures on the substrate, wherein in step (b) the portions of the photo-sensitive material exposed to the light are cured by the light, while the remaining portions of the photo-sensitive material remain uncured; and wherein in step (d) the uncured portions of the photo-sensitive material are removed to form the layer of microstructures on the substrate from the cured portions of the photo-sensitive material, wherein the microstructure fabrication method produces a seamless roll of the substrate with the layer of microstructures thereon, wherein the photomask film includes grey scale features to alter the intensity of the light incident on the photo-sensitive material to vary the heights of the microstructures. Bubendorfer discloses the inclusion of a positive or negative photo-sensitive material (page 1, lines 20-28), where the photomask film comprises grey scale features (page 17, lines 20-25). Therefore, it would have been obvious to one having ordinary skill in the art before effective filing date of the claimed invention, to apply teaching of Bubendorfer to device of Seok in order to improve the process quality.
Claims 12 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Seok et al., as applied to claim 1 above, and further in view of O'Keeffe (US 20180373112 A1 of record).
Regarding claims 12 and 20, Seok discloses the method of claim 1. However, Seok does not disclose wherein the substrate laminated in step (a) includes a preexisting set of microstructures formed thereon; wherein the layer of microstructures on the substrate is used in constructing an electrophoretic device. O'Keeffe is in same field of endeavor and teaches wherein the substrate laminated in step (a) includes a preexisting set of microstructures formed thereon (The inclusion of embossed microstructures on the substrate; par. [0033]); wherein the layer of microstructures on the substrate is used in constructing an electrophoretic device (par.[0001-0002]). Therefore, it would have been obvious to one having ordinary skill in the art before effective filing date of the claimed invention, to apply teaching of O'Keeffe to device of Seok in order to improve the process quality.
Claims 13-16 is rejected under 35 U.S.C. 103 as being unpatentable over Seok et al., as applied to claim 1 above, and further in view of Hwang et al. (US 20180348627 of record).
Regarding claim 13, Seok discloses the method of claim 1 except for withdrawing the photomask film and the substrate from rolls prior to step (a). However, it would be obvious to one having ordinary skill in the art to select a place of withdrawal of the photomask film and substrate in accordance with circumstances without the exercise of inventive skill.
Regarding claim 14, Seok discloses the method of claim 13. However, Seok does not disclose wherein the width of each roll is greater than 1 m. Hwang et al. is in same field of endeavor and teaches wherein the width of each roll is greater than 1 m (The inclusion of a roll with a size of one meter; par. [0415-0466]). Therefore, it would have been obvious to one having ordinary skill in the art before effective filing date of the claimed invention, to apply teaching of Hwang et al. to device of Seok in order to improve the process quality.
Regarding claims 15 and 16, Seok discloses the method of claim 1 except for the size of the substrate and the microstructures as well as the processing speed constructive details the person skilled in the art would select, in accordance with circumstances, without the exercise of inventive skill. It would have been an obvious matter of design choice to select size or shape of the microstructures and substrate, since such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955).
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Seok et al., as applied to claim 1 above, and further in view of Kobrin (US 2010/035163).
Regarding claim 19, Seok discloses the method of claim 1,wherein the release liner faces and is adjacent to the photo-sensitive material (where the photomask pattern faces and is adjacent to the photosensitive material, par.84,85, fig. 2). However, Seok does not disclose wherein the photomask film comprises a photomask pattern printed on a release liner, wherein the photomask pattern faces and is adjacent to the photo-sensitive material. Kobrin is in same field of endeavor and teaches wherein the photomask film comprises a photomask pattern printed on a release liner, wherein the photomask pattern faces and is adjacent to the photo-sensitive material (par.[0034]). Therefore, it would have been obvious to one having ordinary skill in the art, before effective filing date of the claimed invention, to apply teaching of Kobrin to device of Seok in order to improve the process quality.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TUYEN TRA whose telephone number is (571)272-2343. The examiner can normally be reached M-F 10-6.
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/TUYEN TRA/Primary Examiner, Art Unit 2872
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