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 filed by the applicant has been read and given careful consideration. The applicant has been assigned to a new examiner. Responses to the arguments of the applicant are presented after the first rejection they are directed.
The disclosure is objected to because of the following informalities:
“C6” should read - - C6- - , “C30” should read - - C30- - , “C3” should read - - C3- - , “C1” should read - - C1- - and “C20” should read - - C20- -
Appropriate correction is required.
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 1-19 are 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.
In the claims “C6” should read - - C6- -
In the claims “C30” should read - - C30- -
In the claims “C3” should read - - C3- -
In the claims “C1” should read - - C1- -
In the claims “C20” should read - - C20- -
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 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 1-4 and 6-17 are rejected under 35 U.S.C. 103 as being unpatentable over Nakafuji et al. 20160085152.
Nakafuji et al. 20160085152 exemplifies compound (1-2-7) on page 10.
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This is bounded by formula A, 0032] In the above formula (1), R.sup.1, R.sup.2 and R.sup.3 each independently represent a group represented by the following formula (a), wherein R.sup.1, R.sup.2 and R.sup.3 may be identical or different; R.sup.a, R.sup.b, R.sup.c and R.sup.d each independently represent a halogen atom, a hydroxy group, an amino group, a sulfanyl group, or a monovalent organic group having 1 to 20 carbon atoms and not including an aromatic ring; x, y and z are each independently an integer of 0 to 4; and w is an integer of 0 to 3, wherein in a case where R.sup.a to R.sup.d are each present in a plurality of number, a plurality of R.sup.as may be identical or different, a plurality of R.sup.bs may be identical or different, a plurality of R.sup.cs may be identical or different, and a plurality of R.sup.ds may be identical or different.
R.sup.A—C≡C—R.sup.B— (a)
In the above formula (a), R.sup.A represents a hydrogen atom, an aryl group, or an alkyl group unsubstituted or substituted with at least one of a hydroxy group and an aryl group; and R.sup.B represents a single bond or an arylene group, wherein a part or all of hydrogen atoms on an aromatic ring of the aryl group and the arylene group may be substituted with a halogen atom, a hydroxy group, an amino group, a sulfanyl group, or a monovalent organic group having 1 to 20 carbon atoms and not including an aromatic ring. Examples of the aryl group which may be represented by R.sup.A include a phenyl group, a tolyl group, a xylyl group, a naphthyl group, an anthryl group, and the like. The aryl group has preferably 6 to 20 carbon atoms, and more preferably 6 to 10 carbon atoms. The aryl group is preferably a phenyl group or a naphthyl group, and more preferably a phenyl group [0031-0034]. The monovalent organic group having 1 to 20 carbon atoms and not including an aromatic ring, which may substitute for a hydrogen atom on the aromatic ring of the aryl group, is exemplified by: a monovalent chain hydrocarbon group having 1 to 20 carbon atoms; a monovalent alicyclic hydrocarbon group having 3 to 20 carbon atoms; a group (a) obtained from the chain hydrocarbon group or the alicyclic hydrocarbon group by incorporating a divalent hetero atom-containing group between adjacent two carbon atoms thereof; a group obtained from the chain hydrocarbon group, the alicyclic hydrocarbon group or the group (a) by substituting a part or all of hydrogen atoms included therein with a hetero atom-containing monovalent group not including an aromatic ring; and the like [0041]. Compositions J-1 to J-6 for forming underlayer/hardmask layer include a compound bounded by formula A and cyclohexane (solvent). Compositions J-7 to J-9 include a compound bounded by formula A and cyclohexane (solvent), acid generator and a crosslinking agent (table 1, page 24). These are coated on various substrates and baked at 350 degrees C [0245-0249]. a pattern-forming method includes forming a resist pattern on an upper face side of a resist underlayer film which is formed by the resist underlayer film-forming method; and sequentially etching the resist underlayer film and a substrate using the resist pattern as a mask [0014,0251]. The active group (Q) in the crosslinking agents is an alkoxide (-OR4). Crosslinking agents are disclosed have phenolic hydroxy or alkoxy groups [0113-0115,0141]
Formula 2 is a substituted C6-30 aryl group and meets the limitations of a group represented by formula 2 and a substituted C6 to C30 aryl group. The applicant could obviate this rejection by clearly requiring one of R1-R5 to be formula 2 and another of R1 to R5 to be a substituted or unsubstituted C6 to C30 aryl group, a substituted or unsubstituted C3 to C30 heteroaryl group or a combination of thereof..
With respect to claims 1-4 and 6-14, it would have been obvious to one skilled in the art to modify the compositions of the examples by replacing the compound bounded by A with compound (1-2-7) on page 10 with a reasonable expectation of forming a useful photoresist underlayer where the alkoxy groups participate in crosslinking in the same manner as the alkoxy groups of the crosslinkers.
With respect to claims 1-4 and 6-16, it would have been obvious to one skilled in the art to modify the compositions and processes of the examples by replacing the compound bounded by A with compound (1-2-7) on page 10 and drying/curing the composition using heat with a reasonable expectation of forming a useful photoresist underlayer where the alkoxy groups participate in crosslinking in the same manner as the alkoxy groups of the crosslinkers.
With respect to claims 1-4 and 6-17, it would have been obvious to one skilled in the art to modify the compositions and processes of the examples by replacing the compound bounded by A with compound (1-2-7) on page 10 and drying/curing the composition using heat, overcoating it with a resist and then patterning the hardmask using the resist as taught at [0014,0251] with a reasonable expectation of forming a useful photoresist underlayer where the alkoxy groups participate in crosslinking in the same manner as the alkoxy groups of the crosslinkers.
This is a new rejection, so the applicant did not have a comment. The performance would be similar to the results with compound A-5, which is nearly a structural isomer (the hydroxy groups vs the methoxy group).
Claims 1-4 and 6-17 are rejected under 35 U.S.C. 103 as being unpatentable over Nakafuji et al. 20160085152, in view of Saikaida et al. 20190163063.
Saikaida et al. 20190163063 establishes that alkoxy and hydroxy groups are known crosslinkable groups [0007].
In addition to the basis established above, the examiner cites Saikaida et al. 20190163063 to support the position that the methoxy group would be expected to be crosslinking sites.
Claims 1-16 and 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over Igarashi 20040232409.
Igarashi 20040232409 exemplifies compound
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wherein each of Ar.sup.61, Ar.sup.62, Ar.sup.63, Ar.sup.64, Ar.sup.65, Ar.sup.66, Ar.sup.67 and Ar.sup.68 represents an aryl group or a heteroaryl group; each of R.sup.61 and R.sup.62 represents a hydrogen atom or a substituent; each of R.sup.63, R.sup.64 and R.sup.65 represents a substituent; each of n.sup.61 and n.sup.62 is an integer of 0 to 5; each of n.sup.63 and n.sup.64 is an integer of 0 to 4; and n.sup.65 is an integer of 0 to 8. In the general formula (6), each of Ar.sup.61, Ar.sup.62, Ar.sup.63, Ar.sup.64, Ar.sup.65, Ar.sup.66, Ar.sup.67 and Ar.sup.68 is preferably selected from the group consisting of a phenyl group, a naphthyl group and a phenanthryl group. In particular, each of R.sup.61 and R.sup.62 is preferably selected from the group consisting of a hydrogen atom, a phenyl group and a pyrenyl group. Each of n.sup.61 and n.sup.62 is preferably 0 or 1 [0028-0030]. In the general formula (6), Ar.sup.61 and Ar.sup.68 are the same as the above Ar.sup.21; Ar.sup.62 and Ar.sup.67 are the same as the above Ar.sup.22; Ar.sup.63 and Ar.sup.66 are the same as the above Ar.sup.23; and Ar.sup.64 and Ar.sup.65 are the same as the above Ar.sup.24, in their definitions and preferred examples. Each of Ar.sup.61, Ar.sup.62, Ar.sup.63, Ar.sup.64, Ar.sup.65, Ar.sup.66, Ar.sup.67 and Ar.sup.68 may have a substituent, whose examples may be the same as those of R.sup.11 described above. Each of n.sup.61 and n.sup.62 represents an integer of 0 to 5, preferably 0 to 3, more preferably 0 or 1.
[0064] In the general formula (6), R.sup.61 and R.sup.62 are the same as the above R.sup.21 in their definitions and preferred examples. R.sup.63, R.sup.64 and R.sup.65 are the same as the above R.sup.52 in their definitions and preferred examples. Each of n.sup.63 and n.sup.64 represents an integer of 0 to 4, preferably 0 or 1, more preferably 0. n.sup.65 represents an integer of 0 to 8, preferably 0 to 2, more preferably 0 [0063-0064]. In the general formula (1), R.sup.11 represents a substituent. Examples of the substituents R.sup.11 include alkyl groups, the number of carbon atoms thereof being preferably 1 to 30, more preferably 1 to 20, most preferably I to 10, such as a methyl group, an ethyl group, an isopropyl group, a t-butyl group, a n-octyl group, a n-decyl group, a n-hexadecyl group, a cyclopropyl group, a cyclopentyl group and a cyclohexyl group; alkenyl groups, the number of carbon atoms thereof being preferably 2 to 30, more preferably 2 to 20, most preferably 2 to 10, such as a vinyl group, an allyl group, a 2-butenyl group and a 3-pentenyl group; alkynyl groups, the number of carbon atoms thereof being preferably 2 to 30, more preferably 2 to 20, most preferably 2 to 10, such as a propargyl group and a 3-pentynyl group; aryl groups, the number of carbon atoms thereof being preferably 6 to 30, more preferably 6 to 20, most preferably 6 to 12, such as a phenyl group, a p-methylphenyl group, a naphthyl group and an anthranil group; amino groups, the number of carbon atoms thereof being preferably 0 to 30, more preferably 0 to 20, most preferably 0 to 10, such as an amino group, a methylamino group, a dimethylamino group, a diethylamino group, a dibenzylamino group, a diphenylamino group and a ditolylamino group; alkoxy groups, the number of carbon atoms thereof being preferably 1 to 30, more preferably 1 to 20, most preferably 1 to 10, such as a methoxy group, an ethoxy group, a butoxy group and a 2-ethylhexyloxy group; aryloxy groups, the number of carbon atoms thereof being preferably 6 to 30, more preferably 6 to 20, most preferably 6 to 12, such as a phenyloxy group, a 1-naphthyloxy group and a 2-naphthyloxy group; heterocyclic oxy groups, the number of carbon atoms thereof being preferably 1 to 30, more preferably 1 to 20, most preferably 1 to 12, such as a pyridyloxy group, a pyrazyloxy group, a pyrirnidyloxy group and a quinolyloxy group; acyl groups, the number of carbon atoms thereof being preferably 1 to 30, more preferably 1 to 20, most preferably 1 to 12, such as an acetyl group, a benzoyl group, a formyl group and a pivaloyl group; alkoxycarbonyl groups, the number of carbon atoms thereof being preferably 2 to 30, more preferably 2 to 20, most preferably 2 to 12, such as a methoxycarbonyl group and an ethoxycarbonyl group; aryloxycarbonyl groups, the number of carbon atoms thereof being preferably 7 to 30, more preferably 7 to 20, most preferably 7 to 12, such as a phenyloxycarbonyl group; acyloxy groups, the number of carbon atoms thereof being preferably 2 to 30, more preferably 2 to 20, most preferably 2 to 10, such as an acetoxy group and a benzoyloxy group; acylamino groups, the number of carbon atoms thereof being preferably 2 to 30, more preferably 2 to 20, most preferably 2 to 10, such as an acetylamino group and a benzoylamino group; alkoxycarbonylamino groups, the number of carbon atoms thereof being preferably 2 to 30, more preferably 2 to 20, most preferably 2 to 12, such as a methoxycarbonylamnino group; aryloxycarbonylamino groups, the number of carbon atoms thereof being preferably 7 to 30, more preferably 7 to 20, most preferably 7 to 12, such as a phenyloxycarbonylamino group; sulfonylamino groups, the number of carbon atoms thereof being preferably 1 to 30, more preferably 1 to 20, most preferably 1 to 12, such as a methanesulfonylamino group and a benzenesulfonylamino group; sulfamoyl groups, the number of carbon atoms thereof being preferably 0 to 30, more preferably 0 to 20, most preferably 0 to 12, such as a sulfamoyl group, a methylsulfamoyl group, a dimethylsulfamoyl group and a phenylsulfamoyl group; carbamoyl groups, the number of carbon atoms thereof being preferably 1 to 30, more preferably 1 to 20, most preferably 1 to 12, such as a carbamoyl group, a methylcarbamoyl group, a diethylcarbamoyl group, a phenylcarbamoyl group; alkylthio groups, the number of carbon atoms thereof being preferably 1 to 30, more preferably 1 to 20, most preferably 1 to 12, such as a methylthio group and an ethylthio group; arylthio groups, the number of carbon atoms thereof being preferably 6 to 30, more preferably 6 to 20, most preferably 6 to 12, such as a phenylthio group; heterocyclic thio groups, the number of carbon atoms thereof being preferably 1 to 30, more preferably 1 to 20, most preferably 1 to 12, such as a pyridylthio group, a 2-benzimidazolylthio group, a.2-benzoxazolylthio group and a 2-benzthiazolylthio group; sulfonyl groups, the number of carbon atoms thereof being preferably 1 to 30, more preferably 1 to 20, most preferably 1 to 12, such as a mesyl group and a tosyl group; sulfonyl groups, the number of carbon atoms thereof being preferably 1 to 30, more preferably 1 to 20, most preferably 1 to 12, such as a methane sulfonyl group and a benzene sulfinyl group; ureide groups, the number of carbon atoms thereof being preferably 1 to 30, more preferably 1 to 20, most preferably 1 to 12, such as a ureide group, a methylureide group and a phenylureide group; phosphoric aride groups, the number of carbon atoms thereof being preferably 1 to 30, more preferably 1 to 20, most preferably 1 to 12, such as a diethylphosphoric amide group and a phenylphosphoric amide group; a hydroxyl group; mercapto groups; halogen atoms such as a fluorine atom, a chlorine atom, a bromine atom and an iodine atom; cyano groups; sulfo groups; carboxyl groups; nitro groups; a hydroxamic acid group; a sulfino group; a hydrazino group; an amino group; heterocyclic groups that may have a nitrogen atom, an oxygen atom, a sulfur atom, etc. as a hetero atom, the number of carbon atoms thereof being preferably 1 to 30, more preferably 1 to 12, such as an imidazolyl group, a pyridyl group, a quinolyl group, a furyl group, a thienyl group, a piperidyl group, a morpholino group, a benzoxazolyl group, a benzimidazolyl group, a benzthiazolyl group, a carbazolyl group, an azepinyl group and a triazyl group; silyl groups, the number of carbon atoms thereof being preferably 3 to 40, more preferably 3 to 30, most preferably 3 to 24, such as a trimethylsilyl group and a triphenylsilyl group; siloxy groups, the number of carbon atoms thereof being preferably 3 to 30, more preferably 6 to 30, such as a triphenylsilyloxy group, a t-butyldimethylsilyloxy group; etc. These substituents may be further substituted. R.sup.11 is preferably an alkyl group or an aryl group [0052]. The light-emitting layer may be formed by a resistance-heating vapor deposition method; an electron beam method; a sputtering method; a molecular-stacking method; a coating method such as a spin-coating method, a casting method and a dip-coating method; an inkjet-printing method; a printing method; an LB method; a transferring method; an electrophotography method; etc. Preferable among them are the resistance-heating vapor deposition method and the coating method. Although the thickness of the light-emitting layer is not particularly limited, it is in general preferably 1 nm to 5 .mu.m, more preferably 5 nm to 1 .mu.m, particularly 10 to 500 nm [0090].
This is bounded by formula (1),
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, wherein each of Ar.sup.11, Ar.sup.12, Ar.sup.13, Ar.sup.14 and Ar.sup.15 represents an aryl group or a heteroaryl group; Ar represents a benzene ring, a naphthalene ring, a phenanthrene ring or an anthracene ring; at least one of Ar, Ar.sup.11, Ar.sup.12, Ar.sup.13, Ar.sup.14 and Ar.sup.15 is a condensed aryl group, a condensed or uncondensed heteroaryl group or a group comprising a condensed aryl group or a condensed or uncondensed heteroaryl group; Ar.sup.11, Ar.sup.12, Ar.sup.13, Ar.sup.14 and Ar.sup.15 are not bonded to each other to form a ring; R.sup.11 represents a substituent; and n.sup.11 represents an integer of 0 or more and formula (2)
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, wherein each of Ar.sup.21, Ar.sup.22, Ar.sup.23, Ar.sup.24 and Ar.sup.25 represents an aryl group or a heteroaryl group; at least one of Ar.sup.21, Ar.sup.22, Ar.sup.23, Ar.sup.24 and Ar.sup.25 is a condensed aryl group, a condensed or uncondensed heteroaryl group or a group comprising a condensed aryl group or a condensed or uncondensed heteroaryl group; Ar.sup.21, Ar.sup.22, Ar.sup.23, Ar.sup.24 and Ar.sup.25 are not bonded to each other to form a ring; R.sup.21 represents a hydrogen atom or a substituent [0013-0023]. In the general formula (1), each of Ar.sup.11, Ar.sup.12, Ar.sup.13, Ar.sup.14 and Ar.sup.15 represents an aryl group or a heteroaryl group. Examples of the aryl groups include a phenyl group, a naphthyl group, an anthryl group, a phenanthryl group, a fluoranthenyl group, a pyrenyl group, a perylenyl group, a chrysenyl group, a triphenylenyl group, a benzoanthryl group, a benzophenanthryl group, etc. Preferable among them are a phenyl group, a naphthyl group, an anthryl group, a phenanthryl group, a pyrenyl group and a perylenyl group. Examples of the condensed or uncondensed heteroaryl groups include a pyridyl group, a quinolyl group, a quinoxalyl group, a quinazolyl group, an acridyl group, a phenanthridyl group, a phthalazyl group, a phenanthrolyl group, a triazyl group, etc. Preferable among them are a pyridyl group, a quinolyl group and a triazyl group. Each of Ar.sup.11, Ar.sup.12, Ar.sup.13, Ar.sup.14 and Ar.sup.15 may have a substituent, whose examples may be the same as those of R.sup.11 described later. Each of Ar.sup.11, Ar.sup.12, Ar.sup.13, Ar.sup.14 and Ar.sup.15 is preferably an aryl group. Ar.sup.11, Ar.sup.12, Ar.sup.13, Ar.sup.14 and Ar.sup.15 are not bonded to each other to form a ring [0049].
With respect to claims 1-3 and 6-16 and 18-19, it would have been obvious to form a light emitting compound bounded by formula (6) where n61 and n62 are 2 and each of R62 and R61 are alkoxy, alkylthio or alkylamino as taught at [0028-0030,0052] and dissolving this in a solvent to allow the composition to be coated by spin coating, casting, dip coating, ink jet coating or the like as taught at [0090] with a reasonable expectation of forming a useful light emitting composition. The phenyl substituted by alkoxy, alkylthio or alkylamino meets both formula 2 and the limitation where one of R1 to R5 is a substituted aryl group.
With respect to claims 1-16 and 18-19, it would have been obvious to form a light emitting compound bounded by formula (6) where n61 and n62 are 2, each of R62 and R61 are alkylamino as taught at [0028-0030,0052] and R63 and R64 are substituents such as aryl or nitrogen containing heteroaryl as taught at [0028-0030,0052] and then dissolving this in a solvent to allow the composition to be coated by spin coating, casting, dip coating, ink jet coating or the like as taught at [0090] with a reasonable expectation of forming a useful light emitting composition.
With respect to claims 1-16 and 19, it would have been obvious to form a light emitting compound bounded by formula (6) where n61 and n62 are 2, each of R62 and R61 are alkoxy, alkylthio as taught at [0028-0030,0052] and R63 and R64 are substituents such as aryl or nitrogen containing heteroaryl as taught at [0028-0030,0052] and then dissolving this in a solvent to allow the composition to be coated by spin coating, casting, dip coating, ink jet coating or the like as taught at [0090] with a reasonable expectation of forming a useful light emitting composition.
With respect to claims 1-16 and 18-19, it would have been obvious to form a light emitting compound bounded by formula (6) where n61 and n62 are 1, one of Ar61-Ar64 and one of Ar65 and Ar68 are each heteroaryl group and as taught at [0028-0030] and R63 and R64 are substituents such as aryl or nitrogen containing heteroaryl as taught at [0028-0030,0052] and then dissolving this in a solvent to allow the composition to be coated by spin coating, casting, dip coating, ink jet coating or the like as taught at [0090] with a reasonable expectation of forming a useful light emitting composition.
With respect to claims 1-16 and 19, it would have been obvious to form a light emitting compound similar to that bounded by formula (6) where the central anthracene moiety is replaced with a benzene ring, a naphthalene ring, a phenanthrene ring as in formula (1) at [0013-0023], n61 and n62 are 2 of Ar61-Ar64 and each of R62 and R61 are alkoxy, alkylthio as taught at [0028-0030,0052] and R63 and R64 are substituents such as aryl or nitrogen containing heteroaryl as taught at [0028-0030,0052] and then dissolving this in a solvent to allow the composition to be coated by spin coating, casting, dip coating, ink jet coating or the like as taught at [0090] with a reasonable expectation of forming a useful light emitting composition.
With respect to claims 1-16 and 18-19, it would have been obvious to form a light emitting compound similar to that bounded by formula (6) where the central anthracene moiety is replaced with a benzene ring, a naphthalene ring, a phenanthrene ring as in formula (1) at [0013-0023], n61 and n62 are 2, each of R62 and R61 are alkylamino as taught at [0028-0030,0052] and R63 and R64 are substituents such as aryl or nitrogen containing heteroaryl as taught at [0028-0030,0052] and then dissolving this in a solvent to allow the composition to be coated by spin coating, casting, dip coating, ink jet coating or the like as taught at [0090] with a reasonable expectation of forming a useful light emitting composition.
With respect to claims 1-3 and 5-16 and 19, it would have been obvious to form a light emitting compound bounded by formula (6) where the central anthracene moiety is replaced with a benzene ring, a naphthalene ring, a phenanthrene ring as in formula (1) at [0013-0023], n61 and n62 are 1, one of Ar61-Ar64 and one of Ar65 and Ar68 are each heteroaryl group and as taught at [0028-0030] and R63 and R64 are substituents such sch as aryl or heteroaryl as taught at [0028-0030,0052] and then dissolving this in a solvent to allow the composition to be coated by spin coating, casting, dip coating, ink jet coating or the like as taught at [0090] with a reasonable expectation of forming a useful light emitting composition.
With respect to claims 1-16 and 19, it would have been obvious to form a light emitting compound similar to that bounded by formula (6) where the central anthracene moiety is replaced with a benzene ring, a naphthalene ring, a phenanthrene ring as in formula (1) at [0013-0023], n61 and n62 are 1, Ar67 and Ar62 are alkoxy or alkylthio substituted phenyl as taught at [0028-0030,0052] and R63 and R64 are substituents such as aryl or nitrogen containing heteroaryl as taught at [0028-0030,0052] and then dissolving this in a solvent to allow the composition to be coated by spin coating, casting, dip coating, ink jet coating or the like as taught at [0090] with a reasonable expectation of forming a useful light emitting composition.
With respect to claims 1-16 and 18-19, it would have been obvious to form a light emitting compound similar to that bounded by formula (6) where the central anthracene moiety is replaced with a benzene ring, a naphthalene ring, a phenanthrene ring as in formula (1) at [0013-0023], n61 and n62 are 1, each of Ar67 and Ar62 are alkylamino substituted phenyl as taught at [0028-0030,0052] and R63 and R64 are substituents such as aryl or nitrogen containing heteroaryl as taught at [0028-0030,0052] and then dissolving this in a solvent to allow the composition to be coated by spin coating, casting, dip coating, ink jet coating or the like as taught at [0090] with a reasonable expectation of forming a useful light emitting composition.
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 1-3 and 6-19 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1-10 of U.S. Patent No. 11409197
.
Claim 1 of 11409197 recites:
A hardmask composition, comprising: a solvent; and a compound represented by Chemical Formula 1,
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wherein, in Chemical Formula 1, A is a C6 to C30 aromatic moiety, n is an integer of 2 or more, and each B is independently a group represented by Chemical Formula 2, ##STR00041## wherein, in Chemical Formula 2
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is a linking point with A in Chemical Formula 1, and R.sup.1 to R.sup.5 are each independently hydrogen, a substituted or unsubstituted aryl group of Group 2, or an unsubstituted heteroaryl group of Group 3, in which the substituted or unsubstituted aryl groups of Group 2 are separate or an adjacent two thereof are linked with each other to form a ring and the unsubstituted heteroaryl groups of Group 3 are separate, at least one of R.sup.1 to R.sup.5 being a substituted or unsubstituted aryl group of Group 2 or an unsubstituted heteroaryl group of Group 3:
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wherein, in Group 2 and Group 3,
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is a linking point.
Claim 4 recites
The hardmask composition as claimed in claim 1, wherein at least one of R.sup.1 to R.sup.5 is: an unsubstituted heteroaryl group of Group 3; or an aryl group of Group 2 substituted with a hydroxy group, an amino group, a mercapto group, a substituted or unsubstituted C1 to C30 alkoxy group, a substituted or unsubstituted C1 to C30 alkylthiol group, or a substituted or unsubstituted C1 to C20 alkylamino group.
Claim 10 recites :
A method of forming patterns, the method comprising: applying the hardmask composition as claimed in claim 1 on a material layer and heat- treating the resultant to form a hardmask layer; forming a photoresist layer on the hardmask layer; exposing and developing the photoresist layer to form a photoresist pattern; selectively removing the hardmask layer using the photoresist pattern to expose a portion of the material layer; and etching an exposed portion of the material layer.
With respect to claims 1-3,6-16 and 18-19, it would have been obvious to one skilled in the art to modify the hardmask composition of claim 1 by using a terphenyl in group 2 of claim 2 where the terminal phenyl is substituted with alkoxy, alkylthio or alkylamine recited in claim 4, which is dependent upon claim 2, with a reasonable expectation of forming a useful hardmask composition..
With respect to claims 1-3 and 6-19, it would have been obvious to one skilled in the art to modify the hardmask composition of claim 1 by using a terphenyl in group 2 of claim 2 where the terminal phenyl is substituted with alkoxy, alkylthio or alkylamine recited in claim 4 with a reasonable expectation of forming a useful hardmask composition and use the resulting composition in the process of claims 10 with a reasonable expectation of forming a useful patterned hardmask.
The provisional nature of the ODP rejection is withdrawn as the primary reference has issued as a patent. The applicant has declined to file a TD at this time. The rejection as articulated above, stands so that it may be timely addressed by the applicant with a TD as necessary.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Nasu et al. JP 2017155003 (machine translation attached) teaches compounds of formula
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where the substituents can be P-10 to P-14, P16 , P-17.
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Compound 10 uses P-10, compound 11 uses P-11, compound 12 uses P-12, compound 13 uses P-13, compound 14 uses p-14, compound 16 uses P-16 and compound 17 uses P-17 (see tab le on page 10). These are bounded by the formulae
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, where R .sup.11 , R .sup.12 and R .sup.13 in the general formula (1) each independently represent a substituent. n11, n12 and n13 each independently represent an integer of 0 to 4, preferably an integer of 0 to 2, and more preferably 0 or 1. Further, at least one of n11, n12 and n13 is preferably 0, and more preferably all. When n11 is 2 or more, the two or more R .sup.11 s may be the same or different, and when n12 is 2 or more, the two or more R .sup.12 s are the same or different from each other. at best, when n13 is 2 or more, the two or more R .sup.13 may be the being the same or different. In addition, (R .sup.11 ) .sub.n11 , (R .sup.12 ) .sub.n12 , and (R .sup.13 ) .sub.n13 may be the same or different, but are preferably the same. Examples of the substituent that R .sup.11 to R .sup.13 and R .sup.21 can take include, for example, a hydroxy group, a halogen atom, a cyano group, an alkyl group having 1 to 20 carbon atoms, an alkoxy group having 1 to 20 carbon atoms, and an alkylthio having 1 to 20 carbon atoms. Group, an alkyl-substituted amino group having 1 to 20 carbon atoms, an acyl group having 2 to 20 carbon atoms, an aryl group having 6 to 40 carbon atoms, a heteroaryl group having 3 to 40 carbon atoms, an alkenyl group having 2 to 10 carbon atoms, C2-C10 alkynyl group, C2-C10 alkoxycarbonyl group, C1-C10 alkylsulfonyl group, C1-C10 haloalkyl group, amide group, C2-C10 alkylamide group A trialkylsilyl group having 3 to 20 carbon atoms, a trialkylsilylalkyl group having 4 to 20 carbon atoms, a trialkylsilylalkenyl group having 5 to 20 carbon atoms, and 5 to 5 carbon atoms Trialkylsilyl alkynyl group and nitro group of 0 and the like. Among these specific examples, those that can be substituted with a substituent may be further substituted. More preferred substituents are a halogen atom, a cyano group, a substituted or unsubstituted alkyl group having 1 to 20 carbon atoms, an alkoxy group having 1 to 20 carbon atoms, a substituted or unsubstituted aryl group having 6 to 40 carbon atoms, carbon A substituted or unsubstituted heteroaryl group having 3 to 40 carbon atoms and a dialkyl-substituted amino group having 1 to 20 carbon atoms. More preferable substituents are a fluorine atom, a chlorine atom, a cyano group, a substituted or unsubstituted alkyl group having 1 to 10 carbon atoms, a substituted or unsubstituted alkoxy group having 1 to 10 carbon atoms, and a substituted group having 6 to 15 carbon atoms. Or it is an unsubstituted aryl group, a C3-C12 substituted or unsubstituted heteroaryl group [0016-0022]. The examples use water, tetrahydrofuran and ammonia as solvents in the synthesis.
Murata et al. JP 2012046428 (machine translation attached) teaches compound
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Kido et al. JP 2010018557 (machine translation attached) teaches compounds
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and other luminescent compounds
Kido et al. JP 2007015993 (machine translation attached) teaches
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and similar electroluminescent compounds
Hayoz et al. CN 1867646 (machine translation attached) teaches electroluminescent compounds including
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JP 3760221 (machine translation attached) teaches compounds of formula
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Hashim et al. “Dissecting porosity in Molecular Crystals: Influence of Geometry,
Hydrogen Bonding, and [π···π] Stacking on the Solid-State Packing of
Fluorinated Aromatics”, JACS, vol 140 pp 6014-6026 (2018) exemplifies
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Yokozuka JP 2004250585 (machine translation attached) exemplifies compounds
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Igarashi JP 2002324678 (machine translation attached) exemplifies compounds
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(pg 11)
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(pg 11),
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(pg 17)
Which are embraced for formula (1)
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, where (Wherein, Ar .sup.11 , Ar .sup.21 , and Ar .sup.31 represent an arylene group, Ar .sup.12 , Ar .sup.22 , and Ar .sup.32 represent a substituent or a hydrogen atom. Ar .sup.11 , Ar .sup.21 , Ar .sup.31 , A At least one of the .sup.r 12, Ar 2 2, Ar 32 is a condensed ring aryl structure or a condensed ring heteroaryl structure. Ar represents an arylene group or a heteroarylene group. [0006-0007]. The general formula (1) will be described. Ar .sup.11 Ar .sup.21 and Ar .sup.31 represent an arylene group. The carbon number of the arylene group is preferably from 6 to 30, more preferably from 6 to 20, and even more preferably from 6 to 16. Examples of the arylene group include, for example, a phenylene group, a naphthylene group, an anthrylene group, a phenanthrylene group, a pyrenylene group, a perylenylene group, a fluorenylene group, a biphenylene group, a terphenylene group, a rubrenylene group, a chrysenylene group, a triphenylenylene group, and benzo. Examples include anthrylene group, benzophenanthrylene group, diphenylanthrylene group and the like, and these arylene groups may further have a substituent. As the substituent on the arylene group, for example, an alkyl group (preferably having 1 to 30 carbon atoms, more preferably 1 to 20 carbon atoms, particularly preferably 1 to 10 carbon atoms) For example, methyl, ethyl, iso-propyl, tert-butyl, n-octyl, n-decyl, n-hexadecyl, cyclopropyl, cyclopentyl, cyclohexyl and the like. ), An alkenyl group (preferably having 2 to 30 carbon atoms, more preferably having 2 to 20 carbon atoms, particularly preferably having 2 to 10 carbon atoms, and examples thereof include vinyl, allyl, 2-butenyl, and 3-pentenyl. ), An alkynyl group (preferably having 2 to 30 carbon atoms, more preferably having 2 to 20 carbon atoms, and particularly preferably having 2 carbon atoms. To 10, for example, propargyl, 3-pentynyl and the like. ), An aryl group (preferably having 6 carbon atoms) -30, more preferably 6-20 carbon atoms, particularly preferably 6-12 carbon atoms, for example, phenyl, p-methylphenyl, naphthyl, anthranyl and the like. ), An amino group (preferably having 0 to 30 carbon atoms, more preferably 0 to 20 carbon atoms, and particularly preferably 0 to 1 carbon atoms). 0, for example, amino, methylamino, dimethylamino, diethylamino, dibenzylamino, diphenylamino, ditolylamino and the like. ), An alkoxy group (preferably having 1 to 30 carbon atoms, more preferably having 1 to 20 carbon atoms, particularly preferably having 1 to 10 carbon atoms, and examples include methoxy, ethoxy, butoxy, 2-ethylhexyloxy and the like. ), An aryloxy group (preferably having 6 to 30 carbon atoms, more preferably having 6 to 2 carbon atoms) 0, particularly preferably 6 to 12 carbon atoms, for example, phenyloxy, 1-naphthyloxy, 2-naphthyloxy and the like. ), A heteroaryloxy group (preferably having 1 to 30 carbon atoms, more preferably having 1 to 2 carbon atoms) 0, particularly preferably 1 to 12 carbon atoms, for example, pyridyloxy, pyrazyloxy, pyrimidyloxy, quinolyloxy and the like. ), An acyl group (preferably having 1 to 30 carbon atoms, more preferably having 1 to 20 carbon atoms, and particularly preferably having 1 carbon atom; To 12, for example, acetyl, benzoyl, formyl, pivaloyl and the like. ), An alkoxycarbonyl group (preferably having 2 to 30 carbon atoms, more preferably having 2 to 20 carbon atoms, particularly preferably having 2 to 12 carbon atoms, such as methoxycarbonyl and ethoxycarbonyl), and aryloxycarbonyl Group (preferably having 7 to 30 carbon atoms, more preferably having 7 to 2 carbon atoms) 0, particularly preferably 7 to 12 carbon atoms, such as phenyloxycarbonyl. ), An acyloxy group (preferably having 2 to 30 carbon atoms, more preferably having 2 to 20 carbon atoms, particularly preferably having 2 to 10 carbon atoms, For example, acetoxy, benzoyloxy and the like can be mentioned. ), An acylamino group (preferably having 2 to 30 carbon atoms, More preferably, it has 2 to 20 carbon atoms, particularly preferably 2 to 10 carbon atoms, and includes, for example, acetylamino, benzoylamino and the like. ), An alkoxycarbonylamino group (preferably having 2 to 30 carbon atoms, more preferably having 2 to 20 carbon atoms, particularly preferably having 2 to 12 carbon atoms, and examples thereof include methoxycarbonylamino). An aryloxycarbonylamino group (preferably having 7 to 30 carbon atoms, more preferably having 7 to 20 carbon atoms, particularly preferably having 7 to 12 carbon atoms, such as phenyloxycarbonylamino, etc.), and a sulfonylamino group ( It preferably has 1 to 30 carbon atoms, more preferably 1 to 20 carbon atoms, and particularly preferably 1 to 12 carbon atoms, such as methanesulfonylamino and benzenesulfonylamino.), A sulfamoyl group (preferably carbon number) 0-30, more preferably 0-20 carbon atoms, particularly preferably 0-12 carbon atoms, for example, sulfamoyl, methylsulfamoyl, dimethylsulfamoyl, Phenylsulfamoyl and the like. ), A carbamoyl group (preferably having 1 to 30 carbon atoms, more preferably 1 to 20 carbon atoms, particularly preferably 1 to 12 carbon atoms, and examples thereof include carbamoyl, methylcarbamoyl, diethylcarbamoyl, and phenylcarbamoyl). An alkylthio group (preferably having 1 to 30 carbon atoms, More preferably, it has 1 to 20 carbon atoms, particularly preferably 1 to 12 carbon atoms, and examples thereof include methylthio and ethylthio. ), An arylthio group (preferably having 6 carbon atoms) -30, more preferably 6-20 carbon atoms, particularly preferably 6-12 carbon atoms, such as phenylthio. ), A heteroarylthio group (preferably having 1 to 30 carbon atoms, more preferably 1 to 20 carbon atoms, particularly preferably 1 to 12 carbon atoms, for example, pyridylthio, 2 Benzimizolylthio, 2-benzoxazolylthio, 2-benzthiazolylthio and the like. ), A sulfonyl group (preferably having 1 to 30 carbon atoms, more preferably having 1 to 20 carbon atoms, particularly preferably having 1 to 12 carbon atoms, and examples thereof include mesyl and tosyl). 1 to 30, more preferably 1 to 20 carbon atoms, particularly preferably 1 to 12 carbon atoms, such as methanesulfinyl and benzenesulfinyl, and a ureido group (preferably 1 to 30 carbon atoms) It preferably has 1 to 20 carbon atoms, particularly preferably 1 to 12 carbon atoms, and includes, for example, ureide, methyl ureide, phenyl ureide and the like, and a phosphoric amide group (preferably 1 to 30 carbon atoms, more preferably It has 1 to 20 carbon atoms, particularly preferably 1 to 12 carbon atoms, such as diethylphosphoramide, phenylphosphoramide and the like. ), Hydroxy group, mercapto group, halogen atom (for example, fluorine atom, chlorine atom, bromine atom, iodine atom), cyano group, sulfo group, carboxyl group, nitro group, hydroxamic acid group, sulfino group, hydrazino group, imino Group, heterocyclic group (preferably having 1 to 30 carbon atoms, more preferably having 1 to 12 carbon atoms, and examples of the hetero atom include a nitrogen atom, an oxygen atom, and a sulfur atom, specifically, for example, imidazolyl, pyridyl, quinolyl , Furyl, thienyl, piperidyl, morpholino, benzoxazolyl, benzimidazolyl, benzothiazolyl, carbazolyl group, azepinyl group, etc.), silyl group (preferably having 3 to 40 carbon atoms, more preferably 3 to 30 carbon atoms). , Particularly preferably 3 to 2 carbon atoms 4, for example, trimethylsilyl, triphenylsilyl and the like. ). These substituents may be further substituted. Ar .sup.11 , Ar .sup.21 , and Ar .sup.31 are preferably a phenylene group, a naphthylene group, an anthrylene group, a phenanthrenylene group, a biphenylene group, an arylene group having four or more rings (eg, a pyrenylene group, a peryleneylene group). And more preferably a phenylene group, a naphthylene group, a phenanthrene group, an arylene group having four or more rings, still more preferably a phenylene group, a phenanthrylene group or a pyrenylene group, and particularly preferably a pyrenylene group. The Ar.sup.12, Ar.sup.twenty two, Ar.sup.32 Is a substituent Or represents a hydrogen atom. As the substituent, the aforementioned Ar.sup.11 And the groups described for the substituent. Ar.sup.12, Ar.sup.22, Ar.sup.32 Is preferably a hydrogen atom, an aryl group, Loaryl group, alkyl group, alkenyl group, and more Preferably, a hydrogen atom, an aryl group, a heteroaryl group And more preferably a hydrogen atom or an aryl group. And particularly preferably a hydrogen atom and a pyrenyl group. The .sup.Ar 11, Ar 21, Ar 31 , Ar 12, A at least one of r .sup.22 and Ar .sup.32 is a condensed aryl structure; Or a condensed heteroaryl structure. Ar .sup.11 , A It is preferable that at least one of r .sup.21 , Ar .sup.31 , Ar .sup.12 , Ar .sup.22 and Ar .sup.32 has a condensed aryl structure. The condensed aryl structure is preferably a naphthalene structure, an anthracene structure, a phenanthrene structure, a pyrene structure, a perylene structure, more preferably It is a naphthalene structure, an anthracene structure, a pyrene structure, or a phenanthrene structure, more preferably a phenanthrene structure, an aryl structure having four or more rings, and particularly preferably a pyrene structure. The condensed heteroaryl structure is preferably a quinoline structure, a quinoxaline structure, a quinazoline structure, an acridine structure, a phenanthridine structure, a phthalazine structure, or a phenanthroline structure, more preferably a quinoline structure, a quinoxaline structure, They have a quinazoline structure, a phthalazine structure and a phenanthroline structure. Ar is a trivalent arylene group (preferably having 6 to 30 carbon atoms, more preferably 6 to 2 carbon atoms). 0, more preferably 6 to 16 carbon atoms, for example, phenylene group, naphthylene group, anthracenylene group, phenanthrene group, pyrenylene group, triphenylene group and the like. ), A heteroarylene group (preferably a nitrogen atom, a sulfur atom, an oxygen atom as a hetero atom, more preferably a nitrogen atom, preferably 2 to 30 carbon atoms, more preferably 3 to 20 carbon atoms, and still more preferably 3 to 16 carbon atoms. For example, a pyridylene group, a pyrazylene group, a thiophenylene group, a quinolylene group, a quinoxalylene group, a triazylene group and the like), and these groups may have a substituent. Examples of the substituent include the groups described above for the substituent on Ar .sup.11 . Ar is a trivalent group, each of which is a phenylene group (benzenetriyl), a naphthylene group (naphthalenetriyl), an anthracenylene group (anthracentriyl), a pyrenylene group (pyrentriyl), It is preferably a triphenylene group, more preferably a phenylene group, and is unsubstituted (Ar .sup.11 , Ar .sup.21 , Ar .sup.31 is more preferably a phenylene group or an alkyl-substituted phenylene group [0016-0028].
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The general formula (2) will be described. Ar .sup.11 , Ar .sup.21 , Ar .sup.31 , Ar .sup.12 , Ar .sup.22 , A of the general formula (2) r .sup.32 is Ar .sup.11 , Ar .sup.21 , Ar described in the general formula (1). .sup.31 , Ar .sup.12 , Ar .sup.22 , and Ar .sup.32 have the same meanings, The preferred range is also the same. R .sup.1 , R .sup.2 and R .sup.3 represent a hydrogen atom or a substituent. Examples of the substituent include the groups described above for the substituent on Ar .sup.11 . R .sup.1 , R .sup.2 and R .sup.3 are preferably a hydrogen atom, an alkyl group or an aryl group, more preferably a hydrogen atom or an alkyl group [0032-0033]
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 February 2, 2026