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 Rejections of the previous office action not repeated below are withdrawn.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.
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.
Claims 490 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 49 recites the carboxyl substituted monomers which were cancelled in claim 2, which it depends on.
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 2,3,5,8-12,14,30,31 and 34-49 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
It is not clear that the applicant has support in the specification as filed for the range 50 mass% or more or 3 to 40 mass%.
The applicant asserts on page 7 of the response that the specification supports the amendment and that no new matter is added.
The examiner has searched the specification and found support for 30% or more, 35% or more, 35-98 mass% and 40-95 mass % at [0087] and 0-70 mas% and 3-55 mass% at [0088].
If the applicant maintains this position, they should clearly point where in the specification as filed their position is supported.
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.
Claims 2,3,5,7-14, 30-31 and 34-49 are rejected under 35 U.S.C. 103 as being unpatentable over Yamaguchi et al. JP 2016-173414, in view of Suwa JP 2001-123136.
Yamaguchi et al. JP 2016-173414 (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].
With respect to claims 2,3,5,11,14,34,39,45 and 47, it would have been obvious to one skilled in the art to modify example 1 Yamaguchi et al. JP 2016-173414 where an pressure sensitive adhesive formed by the reaction of an acrylic polymer with an epoxy crosslinker is applied to the pellicle frame by using other known useful acrylic polymers know the be useful adhesive compositions such as a 45 parts by weight of butyl acrylate, 50 parts by weight of methoxyethyl acrylate, 5 parts by weight of 2-hydroxyethyl (meth) acrylate in the presence of azobisisobutyronitrile of Suwa JP 2001-123136 (noting the equivalence of hydroxyethyl acrylates and acrylic acid as epoxy reactive repeating units (C ) in Suwa et al.) using monomers of Yamaguchi et al. JP 2016-173414 with a reasonable expectation of forming a useful mask adhesive based upon the disclosure of this monomer at [0056].
Alternatively with respect to claims 2,3,5,11,14,34,39,45 and 47, it would have been obvious to one skilled in the art to modify example 2 Yamaguchi et al. JP 2016-173414 where an pressure sensitive adhesive formed by the reaction of an acrylic polymer with an epoxy crosslinker is applied to the pellicle frame by using other known useful acrylic polymers know the be useful adhesive compositions such as a 20 parts by weight of butyl acrylate, 75 parts by weight of methoxyethyl acrylate, 5 parts by weight of 2-hydroxyethyl (meth) acrylate in the presence of azobisisobutyronitrile of Suwa JP 2001-123136 (noting the equivalence of hydroxyethyl acrylates and acrylic acid as epoxy reactive repeating units (C ) in Suwa et al.) using monomers of Yamaguchi et al. JP 2016-173414 with a reasonable expectation of forming a useful mask adhesive based upon the disclosure of this monomer at [0056].
Alternatively with respect to claims 2,3,5,11,14,34,39,45 and 47, it would have been obvious to one skilled in the art to modify example 1 Yamaguchi et al. JP 2016-173414 where an pressure sensitive adhesive formed by the reaction of an acrylic polymer with an epoxy crosslinker is applied to the pellicle frame by using other known useful acrylic polymers know the be useful adhesive compositions such as a 45 parts by weight of butyl acrylate, 50 parts by weight of ethoxyethyl acrylate, 5 parts by weight of 2-hydroxyethyl (meth) acrylate in the presence of azobisisobutyronitrile of Suwa JP 2001-123136 (noting the equivalence of hydroxyethyl acrylates and acrylic acid as epoxy reactive repeating units (C ) in Suwa et al. and the equivalence of 2-ethoxyethyl (meth) acrylate and methoxy (meth)acrylate at [0019] of Suwa JP 2001-123136) using monomers disclosed or similar to those of Yamaguchi et al. JP 2016-173414 with a reasonable expectation of forming a useful mask adhesive based upon the disclosure of this monomer at [0056].
Alternatively with respect to claims 2,3,5,11,14,34,39,45 and 47, it would have been obvious to one skilled in the art to modify example 2 Yamaguchi et al. JP 2016-173414 where an pressure sensitive adhesive formed by the reaction of an acrylic polymer with an epoxy crosslinker is applied to the pellicle frame by using other known useful acrylic polymers know the be useful adhesive compositions such as a 20 parts by weight of butyl acrylate, 75 parts by weight of ethoxyethyl acrylate, 5 parts by weight of 2-hydroxyethyl (meth) acrylate in the presence of azobisisobutyronitrile of Suwa JP 2001-123136 (noting the equivalence of hydroxyethyl acrylates and acrylic acid as epoxy reactive repeating units (C ) in Suwa et al. and the equivalence of 2-ethoxyethyl (meth) acrylate and methoxy (meth)acrylate at [0019] of Suwa JP 2001-123136) using monomers disclosed or similar to those of Yamaguchi et al. JP 2016-173414 with a reasonable expectation of forming a useful mask adhesive based upon the disclosure of this monomer at [0056].
With respect to claims 2,3,5,11,14,30,31,34,35,37-41,45 and 47, it further would have been obvious to attach the pellicle to a (photo)mask and use it in a stepper with exposure sources emitting at 436, 356, 248 (KrF) , 193 (ArF) or 153 nm as taught at [0002-0003] of Yamaguchi et al. JP 2016-173414.
Alternatively with respect to claims 8-10,12,36, 42,46 and 48, it would have been obvious to one skilled in the art to modify example 1 Yamaguchi et al. JP 2016-173414 by using other known useful adhesive compositions of such as the 45 parts by weight of butyl acrylate, 50 parts by weight of methoxyethyl acrylate, 5 parts by weight of maleic, itaconic, crotonic or fumaric acid in the presence of azobisisobutyronitrile of Suwa JP 2001-123136 (noting the equivalence of hydroxyethyl acrylates and acrylic acid as epoxy reactive repeating units (C ) in Suwa et al.) using monomers of Yamaguchi et al. JP 2016-173414 with a reasonable expectation of forming a useful mask adhesive based upon the disclosure of this monomer at [0056].
Alternatively with respect to claims 8-10,12,36, 42,46 and 48, it would have been obvious to one skilled in the art to modify example 2 Yamaguchi et al. JP 2016-173414 by using other known useful adhesive compositions of such as the 20 parts by weight of butyl acrylate, 75 parts by weight of methoxyethyl acrylate, 5 parts by weight of maleic, itaconic, crotonic or fumaric acid in the presence of azobisisobutyronitrile of Suwa JP 2001-123136 (noting the equivalence of hydroxyethyl acrylates and acrylic acid as epoxy reactive repeating units (C ) in Suwa et al.) using monomers of Yamaguchi et al. JP 2016-173414 with a reasonable expectation of forming a useful mask adhesive based upon the disclosure of this monomer at [0056].
Alternatively with respect to claims 8-10,12,36, 42,46 and 48, it would have been obvious to one skilled in the art to modify example 1 Yamaguchi et al. JP 2016-173414 by using other known useful adhesive compositions of such as the 45 parts by weight of butyl acrylate, 50 parts by weight of ethoxyethyl acrylate, 5 parts by weight of maleic, itaconic, crotonic or fumaric acid in the presence of azobisisobutyronitrile of Suwa JP 2001-123136 (noting the equivalence of hydroxyethyl acrylates and acrylic acid as epoxy reactive repeating units (C ) in Suwa et al and the equivalence of 2-ethoxyethyl (meth) acrylate and methoxy (meth)acrylate at [0019] of Suwa JP 2001-123136.) using monomers taught or similar to those of Yamaguchi et al. JP 2016-173414 with a reasonable expectation of forming a useful mask adhesive based upon the disclosure of this monomer at [0056].
Alternatively with respect to claims 8-10,12,36, 42, 46 and 48, it would have been obvious to one skilled in the art to modify example 2 Yamaguchi et al. JP 2016-173414 by using other known useful adhesive compositions of such as the 20 parts by weight of butyl acrylate, 75 parts by weight of methoxyethyl acrylate, 5 parts by weight of maleic, itaconic, crotonic or fumaric acid in the presence of azobisisobutyronitrile of Suwa JP 2001-123136 (noting the equivalence of hydroxyethyl acrylates and acrylic acid as epoxy reactive repeating units (C ) in Suwa et al. and the equivalence of 2-ethoxyethyl (meth) acrylate and methoxy (meth)acrylate at [0019] of Suwa JP 2001-123136) using monomers taught or similar to those of Yamaguchi et al. JP 2016-173414 with a reasonable expectation of forming a useful mask adhesive based upon the disclosure of this monomer at [0056].
With respect to claims 8-10,12,36, 42-44,46 and 48, it further would have been obvious to replace the methoxyethyl (meth) acrylate repeating unit in the polymer with a 2-ethoxyethyl (meth) acrylate based repeating unit based upon their disclosed equivalence at [0019] of Suwa JP 2001-123136 with a reasonable expectation of forming a useful adhesive and/or to attach the pellicle to a (photo)mask and use it in a stepper with exposure sources emitting at 436, 356, 248 (KrF) , 193 (ArF) or 153 nm as taught at [0002-0003] of Yamaguchi et al. JP 2016-173414.
Alternatively with respect to claims 2,3,5,11,14,34,39,45,47 and 49, it would have been obvious to one skilled in the art to modify example 2 Yamaguchi et al. JP 2016-173414 where an pressure sensitive adhesive formed by the reaction of an acrylic polymer with an epoxy crosslinker is applied to the pellicle frame by using other known useful acrylic polymers know the be useful adhesive compositions such as a 20 parts by weight of butyl acrylate, 75 parts by weight of methoxyethyl acrylate, 2 or 3 wt% parts by weight of 2-hydroxyethyl (meth) acrylate and 3 or 2 wt% of maleic, itaconic, crotonic or fumaric acid in the presence of azobisisobutyronitrile of Suwa JP 2001-123136 (noting the equivalence of hydroxyethyl acrylates, maleic, itaconic, crotonic or fumaric acid and acrylic acid as epoxy reactive repeating units (C ) in Suwa et al.) using monomers of Yamaguchi et al. JP 2016-173414 with a reasonable expectation of forming a useful mask adhesive based upon the disclosure of this monomer at [0056].
Alternatively with respect to claims 2,3,5,11,14,34,39,45,47 and 49, it would have been obvious to one skilled in the art to modify example 1 Yamaguchi et al. JP 2016-173414 where an pressure sensitive adhesive formed by the reaction of an acrylic polymer with an epoxy crosslinker is applied to the pellicle frame by using other known useful acrylic polymers know the be useful adhesive compositions such as a 45 parts by weight of butyl acrylate, 50 parts by weight of ethoxyethyl acrylate, 2 or 3 wt% parts by weight of 2-hydroxyethyl (meth) acrylate and 3 or 2 wt% maleic, itaconic, crotonic or fumaric acid in the presence of azobisisobutyronitrile of Suwa JP 2001-123136 (noting the equivalence of hydroxyethyl acrylates, maleic, itaconic, crotonic or fumaric acid and acrylic acid as epoxy reactive repeating units (C ) in Suwa et al. and the equivalence of 2-ethoxyethyl (meth) acrylate and methoxy (meth)acrylate at [0019] of Suwa JP 2001-123136) using monomers disclosed or similar to those of Yamaguchi et al. JP 2016-173414 with a reasonable expectation of forming a useful mask adhesive based upon the disclosure of this monomer at [0056].
The commonality is the fact that these references both are directed to pressure sensitive adhesives which are formed by the crosslinking of acrylic polymers using epoxies. Suwa is moisture resistant, so water vapor will not contribute to haze or outgas.
The examiner agreed that Suwa JP 2001-123136 did not exemplify a polymer using the hydroxyalkyl groups or the maleic, fumaric, itaconic or crotonic acid repeating units. Suwa JP 2001-123136 does teach hydroxyalkyl acrylates as equivalent to acrylic acid as epoxy reactive monomer which is used in the polymer of example 1. There is an argument to be made of Yamaguchi et al. JP 2016-173414 reasonably directs one to Suwa JP 2001-123136. The rejection stands.
Claims 2,3,5,8-12,14, 30-31 and 34-49 are rejected under 35 U.S.C. 103 as being unpatentable over Yamaguchi et al. JP 2016-173414, in view of Suwa JP 2001-123136, further in view of Yano et al. JP 2013-134481.
Yano et al. JP 2013-134481 (machine translation attached) teaches in example 1, the formation of a pellicle adhesive comprising 77 parts butyl acrylate/19 parts methyl acrylate and 4 parts acrylic acid reacted in AIBN, which was then combined with an epoxy crosslinker to form a pressure sensitive adhesive, which was then applied to a pellicle with a pellicle film and attached to a photomask [0046-0054]. Example 3, the formation of an adhesive comprising 96 parts butyl acrylate/4 parts acrylic acid reacted in AIBN, which was then combined with an epoxy crosslinker to form a pressure sensitive adhesive, which was then applied to a pellicle with a pellicle film and attached to a photomask [0056]. The use of the pellicle with excimer exposures with KrF, ArF and F2 excimer lasers is disclosed [0003,0005]. The use of the pellicle in forming LCDs is disclosed [0001]. Chrome masks and masks with quartz surfaces are disclosed.
It would have been obvious to modify the processes of using the pellicles bearing the adhesives rendered obvious by the combination of Yamaguchi et al. JP 2016-173414 and Suwa JP 2001-123136 by using it with masks bearing patterns for exposing liquid crystal displays based upon the use of pellicle covered masks for these exposures is known in the art as evidenced by Yano et al. JP 2013-134481.
The examiner relies upon the response above as no further arguments were directed at this rejection.
Claims 2,3,5,8-12,14, 30-31 and 34-49 are rejected under 35 U.S.C. 103 as being unpatentable over Yamaguchi et al. JP 2016-173414, in view of Suwa JP 2001-123136, further in view of Tanaka et al. 20030036293 or Iwai JP 05-107745.
Tanaka et al. 20030036293 illustrates in figure 4f, attaching the pellicle directly to the glass substrate of a half-tone phase shift mask used with an ArF laser exposure [0061].
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Iwai JP 05-107745 (machine translation attached) teaches a mask in which a portion of the light shielding material is removed to allow the pellicle (6,5) to be attached directly to the glass/quartz substrate (1) by the adhesive (7).
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It would have been obvious to modify the processes of using the pellicles bearing the adhesives rendered obvious by the combination of Yamaguchi et al. JP 2016-173414 and Suwa JP 2001-123136 by using attaching the pellicle directly to the quartz mask substrates bearing phase shifting elements as illustrated in figure 4f of Tanaka et al. 20030036293 or the patterned light shielding masks of illustrated in Iwai JP 05-107745 with a reasonable expectation of forming a useful mask protected by the pellicle.
The examiner relies upon the response above as no further arguments were directed at this rejection.
Claims 2,3,5,11,14, 30-31,34,35,37-38-41,45 and 47 are rejected under 35 U.S.C. 103 as being unpatentable over Yamaguchi et al. JP 2016-173414, in view of Nakamura et al. JP 2016191063, Tanaka et al. 20030036293 or Iwai JP 05-107745.
Nakamura et al. JP 2016191063 (machine translation attached) teaches the acrylic adhesive polymer B-1 which is the reaction of 80 parts by mass of methoxyethyl acrylate (hereinafter referred to as “MEA”), 15 parts by mass of butyl acrylate (hereinafter referred to as “BA”), 5 parts by mass of 2-hydroxyethyl acrylate (hereinafter referred to as “HEA”) in the presence of AIBN and ethyl lactate acetate. [0081]. This was combined with polymers A-1, coronate L45 as the crosslinking agents to form a pressure sensitive adhesive and it was evaluate [0083-0089]. Specific examples of the general adhesive processed product include an adhesive sheet, an adhesive film, an adhesive tape, a pressure sensitive tape, a surface protective film, a surface protective tape, a masking tape, an electrical insulating tape, and a laminate [0060]. This has excellent adhesion to plastic, paper, metal, glass and ceramics [0002]
With respect to claims 2,3,5,11,14, 30-31,34,35,37-38-41,45 and 47, it would have been obvious to one skilled in the art to modify example 1 Yamaguchi et al. JP 2016-173414 where an pressure sensitive adhesive formed by the reaction of an acrylic polymer with an epoxy crosslinker is applied to the pellicle frame by using other known useful acrylic polymers know the be useful adhesive compositions such as a 15 parts by weight of butyl acrylate, 80 parts by weight of methoxyethyl acrylate, 5 parts by weight of 2-hydroxyethyl (meth) acrylate in the presence of azobisisobutyronitrile of Nakamura et al. JP 2016191063 using monomers of Yamaguchi et al. JP 2016-173414 with a reasonable expectation of forming a useful mask adhesive based upon the disclosure of this monomer at [0056] and attaching the pellicle directly to the quartz mask substrates bearing phase shifting elements as illustrated in figure 4f of Tanaka et al. 20030036293 or the patterned light shielding masks of illustrated in Iwai JP 05-107745 with a reasonable expectation of forming a useful mask protected by the pellicle. Noting the good adhesion to glass described in Nakamura et al. JP 2016191063.
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.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 2,3,5,8-12,14, 30-31 and 34-49 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1,3,6-9,11-17,19 and 21-26 of copending Application No. 17/498892 (20220113623). Although the claims at issue are not identical, they are not patentably distinct from each other because claim 3 recites 20-59 mass % of the alkyl acrylate, claim 4 recited 40-79 % of the acrylate having the ether linkage, claim 5 recites 1-15% of a (meth acrylic or hydroxyalkyl acrylate repeating unit. Claim 11 recites the agglutinant on the pellicle with claim 12 reciting a mask and claims 13-18 reciting exposure processes.
It would have been obvious to make agglutinants bounded by claims 3-5, to apply these to a pellicle as in claims 11 and 12 and to use the result in exposure processes recited in claims 13-18.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
The applicant has declined to address the ODP rejections at this time.
The examiner notes that a notice of allowance has been issued. The provisional nature of this rejection will be withdrawn when this application issues.
Claims 2,3,5,8-12,14, 30-31 and 34-49 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1,6-9,18-27,31-36,39-46 of copending Application No. 17/603930 (20220214611) in view of Yamaguchi et al. JP 2016-173414 and Suwa JP 2001-123136.
Claims 3-8, limit the acrylic polymer of the agglutinant to an acrylic polymer having a (meth)acrylic acid ester with a ethylene oxide group, claims 1-24 are directed to a pellicle with the agglutinant, clams 25- 26 are directed to exposure processes including the pellicle, claims 27-28 are to cleaning processes removing the agglutinant residues.
It would have been obvious to one skilled in the art to modify the invention claimed in claims 1-28 of copending Application No. 17603930 (20220214611) by using other known useful adhesive compositions for attaching pellicle to masks such as that of Yamaguchi et al. JP 2016-173414 with 0.1 to 4.9% of a polyethylene glycol(meth)acrylate monomers added taught at [0032] of Suwa JP 2001-123136 with a reasonable expectation of forming a useful mask adhesive based upon the disclosed use of these composition to bond pellicles.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Yamakawa et al. TW 201333137 (machine translation attached) teaches acrylic copolymer 1 75 mass% of 2-methoxyethyl acrylate, 24 mass% of n-butyl acrylate, and 1% by mass of hydroxyethyl acrylate and 0.2 part of 2,2'-azobisisobutyronitrile as a polymerization initiator were dissolved in 100% by mass of ethyl acetate, and after replacing with nitrogen, at 80 ° C Polymerization was carried out for 8 hours to obtain an acrylate copolymer (1) having a weight average molecular weight of 700,000 (page 17). Acrylic acid copolymer n a reaction vessel equipped with an acrylic copolymer preparation stirrer, a cold flow cooler, a thermometer, a dropping funnel, and a nitrogen inlet, 70% by mass of 2-methoxyethyl acrylate, 24% by mass of n-butyl acrylate, 1% by mass of hydroxyethyl acrylate, 5% by mass of acrylic acid, and 0.2 part of 2,2'-azobisisobutyronitrile as a polymerization initiator were dissolved in 100% by mass of ethyl acetate, and after being replaced by nitrogen, polymerization was carried out at 80 ° C. An acrylate copolymer (11) having a weight average molecular weight of 700,000 was obtained in an hour (page 20). These are combined with coronate HX crosslinking agent as in example 1 (page 22). Example 11 was used in comparative example 6.
Kanazuk et al. WO 2012093607 (machine translation attached) in examples 1 teaches a 60 parts by mass of methoxyethyl acrylate (MEA), 31 parts by mass of butyl acrylate (BA), 7 parts of 2-hydroxyethyl acrylate (HEA), 2 parts by mass of acrylamide (AM) and 100 parts by mass of methyl ethyl ketone (MEK) are added, 0.1 part by mass of 2,2′-azobisisobutyronitrile is added, and the air in the reaction vessel is replaced with nitrogen gas. did. Next, the mixture was heated to 70 ° C. with stirring in a nitrogen atmosphere, and then reacted for 5 hours. After completion of the reaction, the solution was diluted with methyl ethyl ketone to a nonvolatile content concentration of 40% by mass to obtain a (meth) acrylic polymer solution. Isocyanate-based crosslinking agent (TD-75: trimethylolpropane adduct of tolylene diisocyanate: manufactured by Soken Chemical Co., Ltd.) with respect to 100 parts by mass of the solid content of the (meth) acrylic polymer solution obtained above. 4 mass parts was added and the adhesive was obtained. This pressure-sensitive adhesive was coated on a polyethylene terephthalate substrate so that the thickness after drying was 175 μm, and dried for 2 minutes with a dryer at 80 ° C. to remove the solvent. Next, a peeled polyethylene terephthalate film was bonded to the pressure-sensitive adhesive layer surface, and aged for 7 days at 23 ° C. and 65% RH to obtain a pressure-sensitive adhesive sheet (see table at page 18, [0035-0036])
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MARTIN J. ANGEBRANNDT
Primary Examiner
Art Unit 1737
/MARTIN J ANGEBRANNDT/Primary Examiner, Art Unit 1737 March 16, 2026