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 .
The response of the applicant has been considered and given careful consideration. Rejections of the previous office action not repeated below are withdrawn. Responses to the arguments of the applicant are presented after the first rejection they are directed at.
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.
(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.
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claims 2,3,5,14,30,31,34,35 and 50 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-16 of U.S. Patent No. 12265324 in view of Yamaguchi et al. JP 2016-173414 and Suwa JP 2001-123136
Claims of U.S. Patent No. 12265324 recite:
A pellicle frame with an agglutinant layer, comprising a pellicle frame and an agglutinant layer provided on one end face of the pellicle frame, wherein the agglutinant layer is provided on a side of the pellicle frame that is bonded to an exposure original plate, the agglutinant layer comprises an agglutinant comprising a polyvinyl ether compound, the polyvinyl ether compound is a polymer comprising vinyl ethers as a monomer component, or a polymer comprising vinyl ethers and a monomer copolymerizable with the vinyl ethers as polymerization components, and the vinyl ethers are at least one selected from the group consisting of methyl vinyl ether, ethyl vinyl ether, butyl vinyl ether, isobutyl vinyl ether, and (2-methoxyethyl) vinyl ether.
2. The pellicle frame as claimed in claim 1, wherein the agglutinant layer further comprises at least one selected from the group consisting of acrylic polymers, silicone resins, and thermoplastic elastomers.
3. The pellicle frame as claimed in claim 2, wherein the acrylic polymer comprises a (meth)acrylic acid ester having an ether bond as a monomer component.
4. The pellicle frame as claimed in claim 3, wherein the (meth)acrylic acid ester having an ether bond is a (meth)acrylic acid ester having an alkylene oxide group.
5. The pellicle frame as claimed in claim 4, wherein the alkylene oxide group is an ethylene oxide group.
6. The pellicle frame as claimed in claim 1, wherein the agglutinant layer further comprises an acrylic polymer, wherein the polyvinyl ether compound is contained in an amount of 0.5 to 10 mass parts based on 100 mass parts of the solid content of the acrylic polymer.
7. A pellicle frame with the agglutinant layer as claimed in claim 6, wherein the acrylic polymer comprises a (meth)acrylic acid ester having an ether bond as a monomer component.
8. A pellicle frame with the agglutinant layer as claimed in claim 7, wherein the (meth)acrylic acid ester having an ether bond is a (meth)acrylic acid ester having an alkylene oxide group.
9. A pellicle frame with the agglutinant layer as claimed in claim 8, wherein the alkylene oxide group is an ethylene oxide group.
10. A pellicle comprising a pellicle film and the pellicle frame as claimed in claim 1.
11. An exposure original plate with the pellicle, comprising an exposure original plate and the pellicle as claimed in claim 10 mounted on the exposure original plate.
12. A method for producing a semiconductor device, comprising a step of performing exposure using the exposure original plate with the pellicle as claimed in claim 11.
16. An exposure method comprising performing exposure using an exposure original plate with the pellicle as claimed in claim 10.
Yamaguchi et al. JP 2016173414 (machine translation attached) in example 1 reacts 32 parts isobutyl acrylate , 30 parts butyl acrylate, 1.5 parts acrylic acid and 2.5 parts 2-hydroxyethyl acrylate in the presence of 2, 2'-azobisisobutyronitrile. This is then combined with a polyfunctional epoxy compound (1,3-bis (N, N-diglycidylaminomethyl) cyclohexane) to form the acrylic adhesive with a MW of 1.3 million. This was then applied to an Al pellicle frame and cured. The pellicle film was then attached to the other face of the pellicle frame [0099]. Useful monomers for the acrylic polymer include 2-methoxyethyl (meth) acrylate [0056]. Haze is a problem caused by organic compounds in the gas/vapor phase during the exposure. Residual polymerization initiator in the adhesive is cleaved/decomposed during the exposure and contributes to haze. Residual initiator can be removed by extended baking or in the case of photoinitiators UV exposure [0077-0082]. The use of excimer laser operating at less than 200 nm is disclosed [0102].
Suwa JP 2001-123136 (machine translation attached) in example 1, reacts 50 parts by weight of butyl acrylate, 45 parts by weight of methoxyethyl acrylate, 5 parts by weight of acrylic acid in the presence of azobisisobutyronitrile. An epoxy crosslinking agents is then added to obtain an adhesive which is then coated onto a PET film. [0054-0056]. Example 2 reacts. In table 1, the polymer of example 1 is 45 wt% butyl acrylate (BA), 50 wt% methoxyethylacrylate (MEA) and 5 wt% acrylic acid (AA). Example 2 teaches a composition of 20 wt% butyl acrylate, 75 wt% methoxyethyl acrylate and 5 wt% acrylic acid. Example 4 teaches a composition of 20 wt% butyl acrylate, 75 wt% methoxyethyl acrylate , 5 wt% acrylic acid and 5 wt% N-isopropylacrylamide (NIPAM) [0064-0066)
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Examples of the (A) alkoxyalkyl (meth) acrylate forming the moisture-resistant adhesive sheet of the present invention include: 2-methoxyethyl (meth) acrylate, 2-ethoxyethyl (meth) acrylate, 2-methoxypropyl (meth) acrylate, 3-methoxypropyl (meth) acrylate. Examples thereof include 2-methoxybutyl (meth) acrylate and 4-methoxybutyl (meth) acrylate, and also include an alkoxy group-containing (meth) acrylate having a cycloalkyl group such as methoxycyclohexyl (meth) acrylate. it can. Such alkoxyalkyl (meth) acrylates can be used alone or in combination [0019]. An acrylic monomer having reactivity to an epoxy group, which forms the moisture-resistant adhesive sheet of the present invention, include 2-hydroxyethyl (meth) acrylate, 2-hydroxypropyl acrylate [0021] and can be used in amounts of 1-10 wt%, preferably 2-7 wt%. Examples of (C) an acrylic monomer having reactivity to an epoxy group, which forms the moisture-resistant adhesive sheet of the present invention, include 2-hydroxyethyl (meth) acrylate, 2-hydroxypropyl acrylate, Hydroxyl group-containing vinyl compounds such as monoesters of (meth) acrylic acid and polypropylene glycol or polyethylene glycol, and adducts of lactones and 2-hydroxyethyl (meth) acrylate; methacrylamide, N-methylol Amide group-containing vinyl monomers such as methacrylamide, N-methoxyethyl methacrylamide, N-butoxymethyl methacrylamide; acrylic acid and methacrylic acid and alkali metal salts of these (meth) acrylic acids, itaconic acid, crotonic acid, Unsaturated salts such as maleic acid and fumaric acid Phosphate, their salts, these (partial) ester compound, and can include an acid anhydride. The weight average molecular weight of the acrylic copolymer having such a viscosity is usually in the range of 200,000 to 2,000,000, preferably in the range of 500,000 to 1,000,000, and the number average molecular weight is usually Is in the range of 20,000 to 700,000, preferably in the range of 100,000 to 300,000. The dispersion index of the acrylic copolymer determined from the above values is usually in the range of 2 to 15, and preferably in the range of 3 to 10 [0032].
The claims of U.S. Patent No. 12265324 do not recite the acrylic polymer includes 30 mass% of the (meth)acrylic acid ester having an ether bond, 3-55 mass% of a (meth)acrylic acid alkyl ester and 2-8 mass% of a hydroxyl containing unsaturated monomer.
It would have been obvious to modify the invention of claimed by U.S. Patent No. 12265324 by forming the acrylic polymer with 50 parts by weight of an alkyl acrylate repeating unit, 45 parts by weight of an acrylate repeating unit including an ether bond and 5 parts by weight of acrylic acid (which includes a hydroxyl group) which is a composition known to be useful in pressure sensitive adhesives as evidenced by example 1 of Suwa JP 2001-123136 with a reasonable expectation of the composition being suitable for pellicle based upon the teachings of Yamaguchi et al. JP 2016-173414
Claims 2,3,5,14,30,31,34,35 and 50 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1,6-8, 18-32 and 46 of copending Application No. 17/603930 (20220214611) in view of Yamaguchi et al. JP 2016-173414 and Suwa JP 2001-123136
The claims of copending Application No. 17/603930 recite
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The claims of copending Application No. 17/603930 do not recite the acrylic polymer includes 3-55 mass% of a (meth)acrylic acid alkyl ester and 2-8 mass% of a hydroxyl containing unsaturated monomer.
It would have been obvious to modify the invention of claimed by copending Application No. 17/603930 by forming the acrylic polymer with 50 parts by weight of an alkyl acrylate repeating unit, and 5 parts by weight of acrylic acid (which includes a hydroxyl group) which is a composition known to be useful in pressure sensitive adhesives as evidenced by example 1 of Suwa JP 2001-123136 with a reasonable expectation of the composition being suitable for pellicle based upon the teachings of Yamaguchi et al. JP 2016-173414
This is a provisional nonstatutory double patenting rejection.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Park et al. KR 20100055161 teaches an adhesive which is useful in various industrial fields including an adhesive film for advertisement, a decorative adhesive film, an industrial protective film, an optical adhesive film, and an adhesive film for electronic parts [0002]. In examples 1, an acrylic adhesive resin/polymer is combined with an epoxy crosslinking agent and polyvinyl ether compound to form a pressure sensitive composition [0035-0036]. Example 2 is similar. [0037-0039]. Comparative example 1 does not add the polyvinylether compound and the inventive composition have a longer storage stability [0039-0042]. The acrylic resin includes 80 parts by weight of (meth)acrylic acid alkyl ester [0014-0015]
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).
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Martin J Angebranndt whose telephone number is (571)272-1378. The examiner can normally be reached 7-3:30 pm EST.
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MARTIN J. ANGEBRANNDT
Primary Examiner
Art Unit 1737
/MARTIN J ANGEBRANNDT/Primary Examiner, Art Unit 1737 July 30, 2026
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