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 .
Continued Examination Under 37 CFR 1.114
1. A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 19 June 2026 has been entered.
Response to Arguments
2. Applicant’s arguments, see page 9, line 1, 19 June 2026, with respect to the rejection of Claims 9, 13-14, 16-22, and 24-26 under 35 U.S.C. 103 as being unpatentable over Li et al. (United States Patent Publication No. US 2016/0122456 A1), hereinafter Li, and in view of Deng et al. (United States Patent Publication No. US 2016/0041466 A1), hereinafter Deng, and in view of Nishimaki et al. (United States Patent Publication No. US 2017/0227850 A1), hereinafter Nishimaki, and in view of Ober et al. (United States Patent Publication No. US 2014/0370442 A1), hereinafter Ober; have been fully considered but they are not persuasive. Applicant argues that Li fails to teach a photochromic compound, a failure to teach a photochromic compound that none of Deng, Nishimaki, and Ober remedies. The present application states in Paragraph [0040]: “In embodiments, the photochromic compound comprises one or more photochromic moieties selected from azobenzene . . .” The present application states in Paragraph [0042]: “In embodiments, the photochromic compound may be a polymer having pendant groups comprising one or more photochromic moieties selected from azobenzene . . . usually an azobenzene . . .” Paragraph [0008] of Li teaches a polyacrylate with pendant group of a dye. Paragraph [0013] of Li teaches one of the dye groups being azobenzene. Thus, Li teaches a polymer having pendant groups comprising one of more photochromic moieties, principally azobenzene, and thus Li teaches a photochromic compound within the scope of the present application. MPEP §2112(I) states:
“[T]he discovery of a previously unappreciated property of a prior art composition, or of a scientific explanation for the prior art’s functioning, does not render the old composition patentably new to the discoverer.” Atlas Powder Co. v. IRECO Inc., 190 F.3d 1342, 1347, 51 USPQ2d 1943, 1947 (Fed. Cir. 1999). Thus the claiming of a new use, new function or unknown property which is inherently present in the prior art does not necessarily make the claim patentable. In re Best, 562 F.2d 1252, 1254, 195 USPQ 430, 433 (CCPA 1977).
Thus, while Li does not teach the photochromic nature of the color polymer comprising pendant azobenzene groups, the color polymer of Li is clearly within the scope of the photochromic compound of the present application. Thus, Applicant’s argument is not persuasive and the rejection of record is maintained.
Claim Rejections - 35 USC § 103
3. 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:
4. 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.
5. Claims 9, 13-14, 16-22, and 24-26 are rejected under 35 U.S.C. 103 as being unpatentable over Li et al. (United States Patent Publication No. US 2016/0122456 A1), hereinafter Li, and in view of Deng et al. (United States Patent Publication No. US 2016/0041466 A1), hereinafter Deng, and in view of Nishimaki et al. (United States Patent Publication No. US 2017/0227850 A1), hereinafter Nishimaki, and in view of Ober et al. (United States Patent Publication No. US 2014/0370442 A1), hereinafter Ober.
6. Regarding Claims 9, 13-14, 16-22, 24-25, and 27-34, Li teaches (Paragraphs [0005-0017], principally the color polymer of Paragraph [0008] comprising the pendant azobenzene dye groups of Paragraph [0013]) covering the substrate with a mixture of 2-5 wt% of a photochromic compound which reversibly transforms to a developing solvent with respect to the unexposed portion, therein a color polymer of comprising the pendant azobenzene dye groups, dispersed in a solvent to form a photoresist. Li teaches (Paragraphs [0005-0017]) the photoresist is substantially free from any additives selected from the group consisting of photoactive generators, cross-linking agents, quenchers, surfactants and sensitizers. Li teaches (Paragraphs [0005-0017]) the photochromic compound comprises a photochromic moiety of azobenzene. Li teaches (Paragraphs [0005-0017]) the photochromic compound is a polymer having pendant groups comprising an azobenzene moiety. Li teaches (Paragraphs [0005-0017]) the mixture consists of 2 wt% of the photochromic compound dispersed in the solvent. Li teaches (Paragraphs [0005-0017]) the photochromic compound is a photochromic polymer having photochromic pendant groups. Li teaches (Paragraphs [0005-0017]) the photoresist is substantially free from quenchers, surfactants and sensitizers.
7. While Li teaches (Paragraphs [0005-0017]) the polymer is a pendent azobenzene photochromic group, Li fails to explicitly teach the polymer is poly(Disperse Red 1 methacrylate), a poly[1-[4-(3-carboxy-4-hydroxyphenylazo)- benzenesulfonamido]-1,2-ethanediyl], and a poly(N-acryloyl-phenyl-alanine benzyl- ester-co-acryloyloxyethyl-dimethylamino) quaternized with 4-chloromethylphenyl- carbamoyloxymethylstilbene, wherein poly(Disperse Red 1 methacrylate) has an further substituents to the azobenzene pendent group not explicitly taught by Li. Furthermore, Li fails to explicitly teach the contacting of the developing solvent with the photoresist i) dissolving the exposed portion of the photoresist while not dissolving the unexposed portion of the photoresist, or ii) dissolving the unexposed portion of the photoresist while not dissolving the exposed portion of the photoresist. Furthermore, Li fails to explicitly teach exposing the photoresist with an electron beam or extreme ultraviolet light. Furthermore, Li fails to explicitly teach the lithographic pattern comprises a feature having a size of 50 nm or less. Furthermore, Li fails to explicitly teach defining an exposed portion and unexposed portion of the photoresist and thereby altering a solubility of the exposed portion towards a developing solvent. Furthermore, Li fails to explicitly teach developing a patterned photoresist by contacting the developing solvent with the photoresist. Furthermore, Li fails to explicitly teach dissolving the exposed portion of the photoresist or dissolving the unexposed portion of the photoresist. Furthermore, Li fails to explicitly teach dissolving the exposed portion of the photoresist while not dissolving the unexposed portion of the photoresist. Furthermore, Li fails to explicitly teach the photochromic compound has a molecular mass ranging from 300 to 15000 Da.
8. Li teaches (Abstract, Paragraph [0033]) a photoresist composition comprising a color polymer, which itself comprises dye moieties aimed at improving the quality of liquid crystal display devices. Deng teaches (Abstract, Paragraph [0054])) a photoresist composition comprising a polymer dye aimed at improving the quality of liquid crystal display devices. Deng teaches (Paragraphs [0022-0028]) the polymer is a poly(Disperse Red 1 methacrylate). Deng teaches (Paragraph [0068]) defining an exposed portion and unexposed portion of the photoresist and thereby altering a solubility of the exposed portion towards a developing solvent. Deng teaches (Paragraph [0068]) developing a patterned photoresist by contacting the developing solvent with the photoresist. Deng teaches (Paragraph [0068]) dissolving the exposed portion of the photoresist while not dissolving the unexposed portion of the photoresist. Deng teaches (Paragraph [0068]) the contacting of the developing solvent with the photoresist dissolving the exposed portion of the photoresist while not dissolving the unexposed portion of the photoresist. Deng teaches (Paragraphs [0028-0034]) the photochromic compound has a molecular mass ranging from 300 to 15000 Da. Deng teaches (Paragraph [0021]) the invention therein allows the fabrication of a photoresist with reduced flooding.
9. It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Kravchenko to incorporate the teachings of Deng wherein the polymer is a poly(Disperse Red 1 methacrylate); to defining an exposed portion and unexposed portion of the photoresist and thereby altering a solubility of the exposed portion towards a developing solvent; developing a patterned photoresist by contacting the developing solvent with the photoresist; dissolving the exposed portion of the photoresist while not dissolving the unexposed portion of the photoresist; the contacting of the developing solvent with the photoresist dissolving the exposed portion of the photoresist while not dissolving the unexposed portion of the photoresist; and the photochromic compound has a molecular mass ranging from 300 to 15000 Da. Doing so would allow the fabrication of a photoresist with reduced flooding, as recognized by Deng.
10. Li teaches (Abstract, Paragraphs [0002 and 0033]) a photoresist composition comprising a color polymer, which itself comprises dye moieties which absorbs light. Nishimaki teaches (Abstract, Paragraphs [0081-0082])) a photoresist composition comprising a light absorber pigment. Nishimaki teaches (Paragraphs [0095-0098]) the photochromic compound absorbs light by an electron beam or extreme ultraviolet light. Nishimaki teaches (Paragraph [0103]) the photochromic compound has large light absorption performance of irradiation by an electron beam or extreme ultraviolet light.
11. It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Kravchenko to incorporate the teachings of Nishimaki wherein the photochromic compound is irradiated by an electron beam or extreme ultraviolet light. Doing so would result in large light absorption performance of irradiation by an electron beam or extreme ultraviolet light, as recognized by Nishimaki.
12. Li teaches (Abstract, Paragraph [0008]) a photoresist composition comprising a polyacrylate polymer. Ober teaches (Abstract, Paragraph [0016])) a photoresist composition comprising a polyacrylate polymer. Ober teaches (Paragraph [0026]) the lithographic pattern comprises a feature having a size of 50 nm or less. Ober teaches (Paragraph [0003]) the lithographic pattern comprises a feature having a size of 50 nm or less are needed for emerging fabricated devices.
13. It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Kravchenko to incorporate the teachings of Ober to comprise a lithographic pattern which comprises a feature having a size of 50 nm or less. Doing so would allow for the fabrication of emerging devices, as recognized by Ober.
Conclusion
14. Any inquiry concerning this communication should be directed to RICHARD D CHAMPION at telephone number (571) 272-0750. The examiner can normally be reached on 8 a.m. - 5 p.m. Mon-Fri EST.
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/Keith D. Hendricks/Supervisory Patent Examiner, Art Unit 1733
/R.D.C./Examiner, Art Unit 1737
Prosecution Insights