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 Arguments
1. Applicant’s arguments, see page 10, line 22, filed 29 October 2025, with respect to the rejection of Claims 1, 5-8, 10-11, 13-18, 21-22, 24, and 27-28 under 35 U.S.C. 103 as being unpatentable over Miki et al. (United States Patent Publication No. US 2011/0092612 A1), hereinafter Miki, in view of Matsuhira et al. (World Intellectual Property Organization (WIPO) Publication No. WO 2018/051941 A1), hereinafter Matsuhira; and further in view of Tomari et al. (United States Patent Publication No. US 2009/0130568 A1), hereinafter Tomari; Claim 9 under 35 U.S.C. 103 as being unpatentable over Miki et al. (United States Patent Publication No. US 2011/0092612 A1), hereinafter Miki, in view of Matsuhira et al. (World Intellectual Property Organization (WIPO) Publication No. WO 2018/051941 A1), hereinafter Matsuhira, further in view of Tomari et al. (United States Patent Publication No. US 2009/0130568 A1), hereinafter Tomari; and further in view of Kamo et al. (United States Patent Publication No. US 2009/0081561 A1), hereinafter Kamo; Claim 12 under 35 U.S.C. 103 as being unpatentable over Miki et al. (United States Patent Publication No. US 2011/0092612 A1), hereinafter Miki; in view of Matsuhira et al. (World Intellectual Property Organization (WIPO) Publication No. WO 2018/051941 A1), hereinafter Matsuhira; further in view of Tomari et al. (United States Patent Publication No. US 2009/0130568 A1), hereinafter Tomari; and further in view of Tanaka et al. (United States Patent Publication No. US 2021/0080826 A1), hereinafter Tanaka; Claims 19-20 under 35 U.S.C. 103 as being unpatentable over Miki et al. (United States Patent Publication No. US 2011/0092612 A1), hereinafter Miki; in view of Matsuhira et al. (World Intellectual Property Organization (WIPO) Publication No. WO 2018/051941 A1), hereinafter Matsuhira; further in view of Tomari et al. (United States Patent Publication No. US 2009/0130568 A1), hereinafter Tomari; and further in view of Wolf et al. (United States Patent Publication No. US 2020/0339798 A1), hereinafter Wolf; Claims 23 and 25-26 under 35 U.S.C. 103 as being unpatentable over Miki et al. (United States Patent Publication No. US 2011/0092612 A1), hereinafter Miki; in view of Matsuhira et al. (World Intellectual Property Organization (WIPO) Publication No. WO 2018/051941 A1), hereinafter Matsuhira; further in view of Tomari et al. (United States Patent Publication No. US 2009/0130568 A1), hereinafter Tomari; and further in view of Setthachayanon et al. (United States Patent Publication No. US 2003/0224250 A1), hereinafter Setthachayanon; Claims 29-31 under 35 U.S.C. 103 as being unpatentable over Miki et al. (United States Patent Publication No. US 2011/0092612 A1), hereinafter Miki; in view of Matsuhira et al. (World Intellectual Property Organization (WIPO) Publication No. WO 2018/051941 A1), hereinafter Matsuhira; further in view of Tomari et al. (United States Patent Publication No. US 2009/0130568 A1), hereinafter Tomari; and further in view of Aoki et al. (World Intellectual Property Organization (WIPO) Publication No. WO 03/081344 A1), hereinafter Aoki; have been fully considered and, in light of the claim amendments made, are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Tanaka et al. (United States Patent Publication No. US 2021/0080826 A1), hereinafter Tanaka.
2. That said, Applicant has further argued that the present application presents unexpected results. Applicant has not explained the nexus or the nature of the superiority and the data offered is not commensurate in scope with the claimed invention. Whether the unexpected results are the result of unexpectedly improved results or a property not taught by the prior art, the "objective evidence of nonobviousness must be commensurate in scope with the claims which the evidence is offered to support." In other words, the showing of unexpected results must be reviewed to see if the results occur over the entire claimed range. In re Clemens, 622 F.2d 1029, 1036, 206 USPQ 289, 296 (CCPA 1980). See MPEP § 716.02. For example, the claims limit the “mass ratio of a content of the phosphoric acid ester to a content of the adipic acid ester is 1.2 to 104” and the present application has 17 experimental examples, not comparative examples, outside the scope of this limitation of the claim, but appear to have similar or better performance to those experimental examples which are within the scope of this limitation of the claim. Particularly, experimental examples B-11, B-13, B-14, C-11, and C-14 of the present application has a “AA” rating, the highest rating given in the present application, in all metrics evaluated by the present application, but have a mass ratio of a content of the phosphoric acid ester to a content of the adipic acid ester which is not within the scope of the range of 1.2 to 104. Thus, Applicant’s argument that the objective evidence of the present application does not support the contention that the claimed unexpected results is commensurate in scope with the claims and is thus not persuasive.
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 1, 18, 21-22, 24, and 27-28 are rejected under 35 U.S.C. 103 as being unpatentable over Miki et al. (United States Patent Publication No. US 2011/0092612 A1), hereinafter Miki; in view of Matsuhira et al. (World Intellectual Property Organization (WIPO) Publication No. WO 2018/051941 A1), hereinafter Matsuhira; further in view of Tomari et al. (United States Patent Publication No. US 2009/0130568 A1), hereinafter Tomari; and further in view of Tanaka et al. (United States Patent Publication No. US 2021/0080826 A1), hereinafter Tanaka.
6. Regarding Claims 1, 18, 21-22, 24, and 27-28, Miki teaches (Paragraphs [0270-0274]) at least one organic solvent selected from the group consisting of butyl acetate, cyclohexanone, isopropanol, ethyl lactate, propylene glycol monomethyl ether acetate, and propylene glycol monoethyl ether. Miki teaches (Paragraphs [0237-0243]) organic impurities. Miki teaches (Paragraphs [0237-0243]) the organic impurities contain a phosphoric acid ester, therein the plasticizer, and an adipic acid ester. Miki teaches (Paragraphs [0237-0243]) the content of the phosphoric acid ester is 0.1 mass ppm to 100 mass ppm with respect to a total mass of the chemical liquid. Miki teaches (Paragraphs [0237-0243]) the content of the adipic acid ester is 0.1 mass ppm to 10 mass ppm with respect to a total mass of the chemical liquid. Miki teaches (Paragraphs [0237-0243]) the organic impurities further contain a phthalic acid ester. Miki teaches (Paragraphs [0237-0243]) a content of the phthalic acid ester is 0.1 mass ppm to 10 mass ppm with respect to a total mass of the chemical liquid. Miki teaches (Paragraphs [0270-0274]) the organic impurities further contain at least one kind of compound selected from the group consisting of alcohol and acetone. Miki teaches (Paragraphs [0270-0274]) the alcohol is at least one kind of compound selected from the group consisting of methanol, ethanol, n-butanol, and cyclohexanol. Miki teaches (Paragraph [0241]) the organic impurities further contain a stabilizer. Miki teaches (Paragraph [0241]) the stabilizer is an antioxidant. Miki teaches (Paragraphs [0241 and 0270-0274]) the organic impurities further contain at least one kind of compound selected from the group consisting of alcohol and acetone, and a mass ratio of a total content of the alcohol and the acetone to a content of the stabilizer is 10-7 to 103. Miki teaches (Paragraphs [0237-0243 and 0270-0274]) the composition is used as a raw material of at least one kind of liquid selected from the group consisting of a developer, a rinsing solution, a prewet solution, and a piping washing solution.
7. Furthermore, Miki teaches (Paragraphs [0237-0243]) both a phosphoric acid ester and an adipic acid ester present in the composition, both having essentially the same range of concentrations. Thus, Miki teaches (Paragraphs [0237-0243]) a mass ratio of a content of the phosphoric acid ester to a content of the adipic acid ester is 1.2 to 104. MPEP § 2144.05(II)(A) states: "Generally, differences in concentration or temperature will not support the patentability of subject matter encompassed by the prior art unless there is evidence indicating such concentration or temperature is critical. ‘[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation.’ In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955).” Similarly, Miki teaches (Paragraphs [0237-0243]) the mass ratio of the content of the phosphoric acid ester to the content of the adipic acid ester is 1 to 104. Also, Miki teaches (Paragraphs [0237-0243]) a mass ratio of the content of the phosphoric acid ester to a content of the phthalic acid ester is 10-2 to 10. Also, Miki teaches (Paragraphs [0237-0243]) the mass ratio of the content of the adipic acid ester to the content of the phthalic acid ester is 10-3 to 10. Also, Miki teaches (Paragraphs [0237-0243 and 0270-0274]) a mass ratio of the content of the phosphoric acid ester to a total content of the alcohol and the acetone is 10-3 to 20. Also, Miki teaches (Paragraphs [0237-0243 and 0270-0274]) a mass ratio of the content of the adipic acid ester to a total content of the alcohol and the acetone is 10-1 to 20. Also, Miki teaches (Paragraphs [0270-0274]) a mass ratio of a content of water to a total content of the alcohol and the acetone is 1 to 109. Also, Miki teaches (Paragraphs [0237-0243 and 0270-0274]) the content of the phosphoric acid ester with respect to the total mass of the chemical liquid is 9*10-4% to 50% or 9 ppm to 50%, which overlaps with 1 ppt to 40 ppm. Also, Miki teaches (Paragraphs [0237-0243]) the phosphoric acid ester is tricresyl phosphate. Also, Miki teaches (Paragraphs [0237-0243]) the mass ratio of the phosphoric acid ester to the content of tricresyl phosphate is 1. Also, Miki teaches (Paragraphs [0237-0243]) the mass ratio of the tricresyl phosphate to the content of the phthalic acid ester is 10-4 to 102. Also, Miki teaches (Paragraphs [0237-0243 and 0270-0274]) the mass ratio of the tricresyl phosphate to the total content of the alcohol and acetone is 10-4 to 102. Also, Miki teaches (Paragraphs [0237-0243 and 0270-0274]) a mass ratio of the content of the phthalic acid ester to a total content of the alcohol and the acetone is 10-5 to 1011.
8. 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 Miki to comprise a mass ratio of a content of the phosphoric acid ester to a content of the adipic acid ester is 1.2 to 104; a mass ratio of the content of the phosphoric acid ester to the content of the adipic acid ester is 1 to 104; a mass ratio of the content of the phosphoric acid ester to a content of the phthalic acid ester is 10-2 to 10; a mass ratio of the content of the phosphoric acid ester to a total content of the alcohol and the acetone is 10-3 to 20; a mass ratio of the content of the adipic acid ester to a total content of the alcohol and the acetone is 10-1 to 20; and a mass ratio of a content of water to a total content of the alcohol and the acetone is 1 to 109. Doing so would be the result of routine optimization. See MPEP § 2144.05(II)(A).
9. However, Miki fails to explicitly teach the composition comprising metal impurities. Furthermore, Miki fails to explicitly teach a content of the metal impurities is 0.1 to 2,000 mass ppt with respect to a total mass of the composition. Furthermore, Miki fails to explicitly teach the metal impurities contain metal-containing particles and metal ions. Furthermore, Miki fails to explicitly teach the metal-containing particles contain metal nanoparticles having a particle size of 0.5 to 17 nm. Furthermore, Miki fails to explicitly teach the number of objects to be counted having a size equal to or greater than 0.04 pm that is counted by a light scattering liquid-borne particle counter is equal to or less than 100 particles/mL. Furthermore, Miki fails to explicitly teach the phosphoric acid ester includes tributyl phosphate. Furthermore, Miki fails to explicitly teach the content of the tributyl phosphate is 0.1 mass ppt to 40 mass ppm with respect to the total mass of the chemical liquid. Furthermore, Miki fails to explicitly teach the mass ratio of the content of the phosphoric acid ester to the content of the tributyl phosphate is 1 to 102. Furthermore, Miki fails to explicitly teach a total content of the alcohol and the acetone is 1 mass ppt to 3,000 mass ppm with respect to a total mass of the composition.
10. Matsuhira teaches (Abstract, Paragraphs [0024-0025 and 0178-0179] of English Translation) metal impurities. Matsuhira teaches (Abstract, Paragraphs [0024-0025 and 0028] of English Translation) a content of the metal impurities is 2 mass ppb with respect to a total mass of the composition. Matsuhira teaches (Abstract, Paragraphs [0024-0025 and 0178-0179] of English Translation) the metal impurities contain metal-containing particles and metal ions. Matsuhira teaches (Abstract, Paragraphs [0024-0025] of English Translation) the metal-containing particles contain metal nanoparticles having a particle size of 0.5 to 17 nm. Matsuhira teaches (Abstract, Paragraphs [0024-0025 and 0028] of English Translation) the number of objects to be counted having a size equal to or greater than 0.04 pm that is counted by a light scattering liquid-borne particle counter is equal to or less than 100 particles/mL. Matsuhira teaches (Paragraphs [0007 and 0028] of English Translation) compositions comprising metal impurities exhibit high resistance and result in high-definition patterns.
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 Miki to incorporate the teachings of Matsuhira to comprise a metal impurities; a content of the metal impurities is 2 mass ppb with respect to a total mass of the composition; the metal impurities contain metal-containing particles and metal ions; the metal-containing particles contain metal nanoparticles having a particle size of 0.5 to 17 nm; and the number of objects to be counted having a size equal to or greater than 0.04 pm that is counted by a light scattering liquid-borne particle counter is equal to or less than 100 particles/mL. Doing so would result in high resistance and high-definition patterns, as recognized by Matsuhira.
12. Tomari teaches (Paragraph [0059]) the phosphoric acid ester, therein the plasticizer, includes tributyl phosphate or tricresyl phosphate. Tomari teaches (Paragraph [0059]) the phosphoric acid ester to the content of the tributyl phosphate or tricresyl phosphate is 1 to 102.
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 Miki to incorporate the teachings of Tomari to comprise a phosphoric acid ester, therein for both Miki and Tomari the plasticizer, which includes tributyl phosphate or tricresyl phosphate. Tomari teaches both tributyl phosphate or tricresyl phosphate, which is also taught by Miki, as functional plasticizer which will produce predictable results. Furthermore, Miki does not teach away from the plasticizer therein comprising tributyl phosphate. Given that Miki is silent as to all functional plasticizer compounds, but does explicitly teach as a tricresyl phosphate as a functional plasticizer and Tomari teaches both tributyl phosphate and tricresyl phosphate as functional plasticizer, and Miki, as previously mentioned, teaches the content of the plasticizer or phosphoric acid ester with respect to the total mass of the chemical liquid is 9 ppm to 40 ppm, a person having ordinary skill in the art would understand that substituting the tricresyl phosphate plasticizer taught by Miki with the tributyl phosphate taught by Tomari would be a simple substitution of one known element for another to obtain predictable results.
14. Tanaka teaches (Paragraphs [0301-0303]) a total content of the alcohol and the acetone is 1 mass ppt to 3,000 mass ppm with respect to a total mass of the composition. Tanaka teaches (Paragraph [0008]) composition comprising the alcohol and the acetone of said concentration are capable of casting holographic recording mediums.
15. 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 Miki to incorporate the teachings of Tanaka to comprise a total content of the alcohol and the acetone is 1 mass ppt to 3,000 mass ppm with respect to a total mass of the composition. Doing so would result in the capacity to effectively cast holographic recording mediums, as recognized by Tanaka.
16. Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Miki et al. (United States Patent Publication No. US 2011/0092612 A1), hereinafter Miki; in view of Matsuhira et al. (World Intellectual Property Organization (WIPO) Publication No. WO 2018/051941 A1), hereinafter Matsuhira; further in view of Tomari et al. (United States Patent Publication No. US 2009/0130568 A1), hereinafter Tomari; and further in view of Tanaka et al. (United States Patent Publication No. US 2021/0080826 A1), hereinafter Tanaka; and further in view of Kamo et al. (United States Patent Publication No. US 2009/0081561 A1), hereinafter Kamo.
17. Regarding Claim 9, while Miki in view of Matushira and further in view of Tomari and further in view of Tanaka teaches all limitations of Claim 1 and Miki further teaches the composition comprising water, (Paragraphs [0270-0274]), Miki in view of Matushira and further in view of Tomari and further in view of Tanaka fails to explicitly teach a content of the water is 0.001% to 0.10% by mass with respect to a total mass of the composition.
18. Kamo teaches (Paragraph [0098]) a content of the water is 0.010% to 0.10% by mass with respect to a total mass of the composition. Kamo teaches (Paragraph [0008]) composition comprising water of said concentration exhibit high humidity stability.
19. 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 Miki in view of Matsuhira and further in view of Tomari and further in view of Tanaka to incorporate the teachings of Kamo to comprise a content of the water is 0.010% to 0.10% by mass with respect to a total mass of the composition. Doing so would result in high humidity stability, as recognized by Kamo.
20. Claims 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Miki et al. (United States Patent Publication No. US 2011/0092612 A1), hereinafter Miki; in view of Matsuhira et al. (World Intellectual Property Organization (WIPO) Publication No. WO 2018/051941 A1), hereinafter Matsuhira; further in view of Tomari et al. (United States Patent Publication No. US 2009/0130568 A1), hereinafter Tomari; and further in view of Tanaka et al. (United States Patent Publication No. US 2021/0080826 A1), hereinafter Tanaka; and further in view of Wolf et al. (United States Patent Publication No. US 2020/0339798 A1), hereinafter Wolf.
21. Regarding Claims 19-20, while Miki in view of Matushira and further in view of Tomari and further in view of Tanaka teaches all limitations of Claim 18 and Matushira teaches (Abstract, Paragraphs [0024-0025 and 0028] of English Translation) the number of nanoparticles contained in a unit volume of the composition is 10 to 1.0 x 1011 particles/cm3. However, Miki in view of Matushira and further in view of Tomari and further in view of Tanaka fails to explicitly teach the metal nanoparticles contain first iron oxide nanoparticles consisting of iron oxide or the metal nanoparticles contain second iron oxide nanoparticles containing iron oxide and an organic compound, and a ratio of the number of the second iron oxide nanoparticles contained in a unit volume of the composition to the number of the first iron oxide nanoparticles contained in a unit volume of the chemical liquid is 10 to 108.
22. Wolf teaches (Paragraphs [0063-0066]) the metal nanoparticles contain first iron oxide nanoparticles consisting of iron oxide. Wolf teaches (Paragraphs [0063-0066]) the metal nanoparticles contain second iron oxide nanoparticles containing iron oxide and an organic compound, and a ratio of the number of the second iron oxide nanoparticles contained in a unit volume of the composition to the number of the first iron oxide nanoparticles contained in a unit volume of the chemical liquid is 10 to 108. Wolf teaches (Paragraphs [0063-0066]) films comprising said nanoparticles are capable of producing ordered nanostructures.
23. 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 Miki in view of Matsuhira and further in view of Tomari and further in view of Tanaka to incorporate the teachings of Wolf to comprise metal nanoparticles containing first iron oxide nanoparticles consisting of iron oxide; and the metal nanoparticles contain second iron oxide nanoparticles containing iron oxide and an organic compound, and a ratio of the number of the second iron oxide nanoparticles contained in a unit volume of the composition to the number of the first iron oxide nanoparticles contained in a unit volume of the chemical liquid is 10 to 108. Doing so would result in the capacity to form ordered nanostructures in resultant films, as recognized by Wolf.
24. Claims 23 and 25-26 are rejected under 35 U.S.C. 103 as being unpatentable over Miki et al. (United States Patent Publication No. US 2011/0092612 A1), hereinafter Miki; in view of Matsuhira et al. (World Intellectual Property Organization (WIPO) Publication No. WO 2018/051941 A1), hereinafter Matsuhira; further in view of Tomari et al. (United States Patent Publication No. US 2009/0130568 A1), hereinafter Tomari; and further in view of Tanaka et al. (United States Patent Publication No. US 2021/0080826 A1), hereinafter Tanaka; and further in view of Setthachayanon et al. (United States Patent Publication No. US 2003/0224250 A1), hereinafter Setthachayanon.
25. Regarding Claims 23 and 25-26, while Miki in view of Matushira and further in view of Tomari and further in view of Tanaka teaches all limitations of Claim 21 and Miki further teaches (Paragraph [0360]) the composition comprising water. However, Miki in view of Matushira and further in view of Tomari and further in view of Tanaka fails to explicitly teach a mass ratio of a content of the water to a content of the stabilizer is 10 to 105; the stabilizer is at least one kind of antioxidant selected from the group consisting of dibutylhydroxytoluene or hydroquinone; or a boiling point of the stabilizer is 150°C to 500°C.
26. Setthachayanon teaches (Paragraphs [0055-0060]) a mass ratio of a content of the water to a content of the stabilizer is 10 to 105. Setthachayanon teaches (Paragraphs [0055-0060]) the stabilizer is at least one kind of antioxidant selected from the group consisting of dibutylhydroxytoluene or hydroquinone. Setthachayanon teaches (Paragraphs [0055-0060]) a boiling point of the stabilizer is 150°C to 500°C. Setthachayanon teaches (Paragraphs [0055-0060]) compositions comprising said stabilizers achieve improved stability at high temperatures and humidity.
27. 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 Miki in view of Matsuhira and further in view of Tomari and further in view of Tanaka to incorporate the teachings of Setthachayanon to teach a mass ratio of a content of the water to a content of the stabilizer is 10 to 105; the stabilizer is at least one kind of antioxidant selected from the group consisting of dibutylhydroxytoluene or hydroquinone; and a boiling point of the stabilizer is 150°C to 500°C. Doing so would result in improved stability at high temperatures and humidity, as recognized by Setthachayanon.
28. Claims 29-31 are rejected under 35 U.S.C. 103 as being unpatentable over Miki et al. (United States Patent Publication No. US 2011/0092612 A1), hereinafter Miki; in view of Matsuhira et al. (World Intellectual Property Organization (WIPO) Publication No. WO 2018/051941 A1), hereinafter Matsuhira; further in view of Tomari et al. (United States Patent Publication No. US 2009/0130568 A1), hereinafter Tomari; and further in view of Tanaka et al. (United States Patent Publication No. US 2021/0080826 A1), hereinafter Tanaka; and further in view of Aoki et al. (World Intellectual Property Organization (WIPO) Publication No. WO 03/081344 A1), hereinafter Aoki.
29. Regarding Claims 29-31, while Miki in view of Matushira and further in view of Tomari and further in view of Tanaka teaches all limitations of Claim 1. However, Miki in view of Matushira and further in view of Tomari and further in view of Tanaka fails to explicitly teach a container comprising the composition; at least a part of a composition contact portion of the container is a glass; or a void volume of the container in the chemical liquid storage body is 5% to 30% by volume.
30. Aoki teaches (Page 12, Lines 10-18) a container comprising the composition. Aoki teaches (Page 12, Lines 10-18) at least a part of a composition contact portion of the container is a glass. Aoki inherently teaches (Page 12, Lines 10-18) a void volume of the container in the chemical liquid storage body is 5% to 30% by volume, i.e. inherently there will be times that the container storing the composition is at least 70% full of the composition. Aoki teaches (Page 12, Lines 10-18) said container is solvent resistant.
31. 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 Miki in view of Matsuhira and further in view of Tomari and further in view of Tanaka to incorporate the teachings of Aoki to teach a container comprising the composition; at least a part of a composition contact portion of the container is a glass; and a void volume of the container in the chemical liquid storage body is 5% to 30% by volume. Doing so would result in the container being solvent resistant, as recognized by Aoki.
Conclusion
32. Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
33. A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/R.D.C./Examiner, Art Unit 1737
/MARK F. HUFF/Supervisory Patent Examiner, Art Unit 1737