Prosecution Insights
Last updated: October 25, 2026
Application No. 19/141,439

DEVICE AND METHOD FOR PROCESSING A SUBSTRATE IN AN EVACUATED PROCESSING SPACE

Non-Final OA §102§103§112
Filed
Jun 20, 2025
Priority
Jan 03, 2023 — nonprovisional of PCTEP2023050054
Examiner
BANH, DAVID H
Art Unit
2853
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
EV Group E. Thallner GmbH
OA Round
1 (Non-Final)
72%
Grant Probability
Favorable
1-2
OA Rounds
1y 4m
Est. Remaining
84%
With Interview

Examiner Intelligence

Grants 72% — above average
72%
Career Allowance Rate
629 granted / 876 resolved
+3.8% vs TC avg
Moderate +13% lift
Without
With
+12.6%
Interview Lift
resolved cases with interview
Typical timeline
2y 8m
Avg Prosecution
16 currently pending
Career history
902
Total Applications
across all art units

Statute-Specific Performance

§101
1.3%
-38.7% vs TC avg
§103
54.2%
+14.2% vs TC avg
§102
24.5%
-15.5% vs TC avg
§112
15.1%
-24.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 876 resolved cases

Office Action

§102 §103 §112
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 § 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. Claim 15 is 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 15 does not provide antecedent basis for the flushing means but then desires for it to be the same as the evacuation means, neither of which appear to operate on the flushing space of its parent claims 1 and 5. 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. Claims 1-3 and 6-11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Heidari et al. (US PG Pub 2006/0279025). For claim 1: Heidari et al. teaches a method for processing a substrate comprising providing a substrate mounting arrangement 102 for mounting the substrate 12 (see Fig. 5, Fig. 9, paragraph 122), providing a processing device 100, 101 for the processing of the substrate 12, the processing device 101 including a flexible film stamp 113, 10 for the processing of the substrate 12, forming a local and fluidically tight processing space (see Fig. 10, space between elements 105, 113, paragraph 145, this space receiving vacuum evacuation thereafter) between the substrate mounting arrangement 102 and the processing device 101 (see Fig. 10, paragraph 145, sealing the space between elements 113 and surface 105), evacuating the processing space (see paragraph 146, vacuuming the process space) and processing the substrate 12 (see paragraph 146, imprinting the substrate), wherein evacuating of the processing space takes place after the forming of the processing space (see paragraph 146, once the cavity is sealed, the vacuuming is performed), wherein a fluidically tight flushing space 115 between the processing device 101 and the film stamp 10, 113 is flushed in the processing of the substrate (see paragraph 146, the pressure source 116 over-pressuring the cavity 115) and wherein the processing space and the flushing space 115 are separated from one another fluidically by the film stamp 10, 113 (as seen in Figs. 9 and 10). For claim 2: Heidari et al. teaches the method according to claim 1 and further teaches that the forming of the processing space 115 takes place by an approach of the substrate mounting arrangement 102 and the processing device 101 and wherein the processing device 101 and the substate mounting arrangement 102 are aligned with one another before the approach of the substrate mounting arrangement 102 and the device 101 (see Figs. 9 and 10, the space is created by the approach of the device 101 to the mounting element 102 and the components are in alignment with on another by their construction as seen in Fig. 9). For claim 3: Heidari et al. teaches the method according to claim 1 and further teaches that the forming of the processing space 115 takes place by controllable sealing means 108, 108 (see Fig. 10, controllable by movement of the component 101 to which the means 108 are connected). For claim 6: Heidari et al. teaches a device 100 (see Figs. 5, 9 and 10) for processing a substrate 12 comprising a substrate mounting arrangement 105 for mounting the substrate 12, a processing device 101 for processing the substrate 12, means for forming 108, 108 a local and fluidically tight processing space (see Fig. 10, space between layer 113 and mounting surface 105) between the substrate mounting arrangement 105 and the processing device 113, evacuation means 117 for evacuating the processing space (see Fig. 10), processing means 113, 10 for the processing of the substrate 12, the processing means comprising a flexible film stamp 10 for the embossing of the substrate 12, and flushing means 116 for forming a fluidically tight flushing space 115 between the device 101,104 and the film stamp 10, 113, the flushing space 115 being separated fluidically by the film stamp 10, 113 from the processing space (see fig. 10, the space below 113 to 105), wherein the film stamp 10 is deformed by the flushing means 116 in a targeted manner (see Fig. 10, by pressurization). For claim 7: Heidari et al. teaches the device according to claim 6 wherein the means for forming the processing space are approach means for an approach of the substrate mounting arrangement and the processing device (see paragraph 183, means for adjusting 103). For claim 8: Heidari et al. teaches the device according to claim 7 further comprising alignment means for the alignment of the substrate mounting arrangement and the processing device with one another, wherein alignment means are constituted such that the substrate mounting arrangement and the processing device are aligned with one another before and/or during an action of the approach means (see paragraph 104, alignment system for stamp and substrate can be provided, the structure of the device as presented aligns the stamp 10 and the substrate 12 to a modest degree). For claim 9: Heidari et al. teaches the device according to claim 8 wherein the substrate mounting arrangement and the processing device comprises corresponding sealing means 108 wherein the approach means is constituted such that after the action of the approach means, the corresponding sealing means form the processing space between the substrate mounting arrangement and the processing device (see paragraph 141). For claim 10: Heidari et al. teaches the device according to claim 6 wherein the means for forming the local and fluidically tight processing space are controllable sealing means 108 for the formation of the processing space between the substrate mounting arrangement and the processing device (see paragraph 141, the elements 108 adjustable in position by the means 103). For claim 11: Heidari et al. teaches the device according to claim 10 wherein the substrate mounting arrangement 102 and the processing device 101 are constituted in one part 100. 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 5 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Heidari et al. (US PG Pub 2006/0279025). For claims 5 and 14: Heidari et al. teaches the method of claim 1 wherein the pressure difference between the pressure of the processing space and the process of the flushing space is set between 0 and 80,000 Pa. However, this range can be arrived at through routine experimentation. In the instant case, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the invention to arrive a pressure differential of less than 80,000 Pa for the processing through routine experimentation for the purpose of forming the desired pattern on the substrate with the stamp. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID H BANH whose telephone number is (571)270-3851. The examiner can normally be reached M-F 12-8PM. 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, Stephen Meier can be reached at (571)272-2149. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /DAVID H BANH/ Primary Examiner, Art Unit 2853
Read full office action

Prosecution Timeline

Jun 20, 2025
Application Filed
Oct 02, 2026
Non-Final Rejection mailed — §102, §103, §112 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
72%
Grant Probability
84%
With Interview (+12.6%)
2y 8m (~1y 4m remaining)
Median Time to Grant
Low
PTA Risk
Based on 876 resolved cases by this examiner. Grant probability derived from career allowance rate.

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