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 .
Election/Restrictions
Applicant’s election of Group I, Claims 1-11 in the reply filed on 06/15/2026 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 11/22/2024 has been considered by the examiner.
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 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.
(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 1-11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Iwatani et al. (US 2020/0333702 A1).
Regarding claim 1, Iwatani discloses a forming apparatus to include a film composition, see title and [0040] – (construed as a film forming apparatus). The apparatus to include a supplier DP that is common to processors 206, 207, 208, where the DP supplies the composition ML as an uncured film, see at least [0035], [0038], [0040]. The processors 206, 207, 208 are configured to execute a pressing step, a curing step and a separation step, see at least [0033]. It being considered, under the broadest reasonable interpretation afforded the examiner, the supplier DP and processor 206 are considered to be a first station that is configured to execute a preparation process of preparing a structure with an uncured formable material sandwiched between a substrate and a mold. And the supplier DP and as a separation process of separating the mold from the formable material of the structure after the form able material is cured.
Likewise, the supplier DP and processors 207 and/or 208 are considered to be one or a plurality of second stations configured to execute a curing process of forming a cured film by curing the formable material of the structure.
The apparatus further is configured to have a substrate holder 202 – (construed as a conveyance mechanism) configured to convey the structure between a plurality of stations including the first station and the second station, see at least [0034] – [0035].
Regarding claims 2-7, Iwatani discloses the supplier Dp and each of the processors 206, 207, 208 are configurable for the pressing, curing and separation steps; and configurable for processing a plurality of substrates concurrently or by timed schedules, see at least [0055] – [0057], claims 1-8. Therefore, it is considered the prior art product having the all the claimed structural features would necessarily have the same functionality/processability. It has been held that “Under the principles of inherency, if a prior art device, in its normal and usual operation, would necessarily perform the method/processing steps claimed, then the method/processing steps claimed will be considered to be anticipated by the prior art device. When the prior art device is the same as a device described in the specification for carrying out the claimed method/processing steps, it can be assumed the device will inherently perform the claimed process. In re King, 801 F.2d 1324, 231 USPQ 136 (Fed. Cir. 1986)”, see MPEP 2112.02.
Regarding claims 8-11, Iwatani further discloses in the second station, the formable material is cured by heat or light, see at least [0038] – [0039]; and the apparatus is configured to form a cured film having a planarized surface by using a mold having a flat surface as the mold, see at least [0025]; and the apparatus is configured to form a cured film with a pattern transferred thereto by using a mold having a surface formed with the pattern as the mold, see at least [0080] – [0081].
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CEDRICK S WILLIAMS whose telephone number is (571)272-9776. The examiner can normally be reached on Monday - Thursday 8:00am-5:00pm.
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, Katelyn Smith can be reached on 5712705545. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CEDRICK S WILLIAMS/Primary Examiner, Art Unit 1749
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