Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Continued Examination Under 37 CFR 1.114
1. A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 22 July 2025 has been entered.
Response to Arguments
2. Applicant’s arguments, see page 7, line 6, filed 23 June 2025, with respect to the rejection of Claim 3-6, 8, and 13-16 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; have been fully considered and, in light of the amendments made, are persuasive. Therefore, the rejection has been withdrawn.
3. Applicant’s arguments, see page 7, line 21, filed 23 June 2025, with respect to the rejection of Claim 1 under 35 U.S.C. 102(a)(1) as being anticipated by Kobayashi et al. (United States Patent Publication No. US 2013/0130183 A1), hereinafter Kobayashi 1; and Claim 1 under 35 U.S.C. 102(a)(1) as being anticipated by Kobayashi et al. (United States Patent Publication No. US 2013/0130177 A1), hereinafter Kobayashi 2; have been fully considered and, in light of the amendments made, are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of (Chinese Patent Publication No. CN 109206826 A; Applicant: WENG QIUMEI), hereinafter Weng.
4. Applicant’s arguments, see page 7, line 21, filed 23 June 2025, with respect to the rejection of Claim 9 under 35 U.S.C. 102(a)(1) as being anticipated by Kobayashi et al. (United States Patent Publication No. US 2013/0130183 A1), hereinafter Kobayashi 1; Claim 9 under 35 U.S.C. 102(a)(1) as being anticipated by Kobayashi et al. (United States Patent Publication No. US 2013/0130177 A1), hereinafter Kobayashi 2; Claims 10-12 under 35 U.S.C. 103 as being unpatentable over Kobayashi et al. (United States Patent Publication No. US 2013/0130183 A1), hereinafter Kobayashi 1; Claims 3-6, 8, and 13 under 35 U.S.C. 103 as being unpatentable over Hatakeyama et al. (Japanese Patent Publication No. JP 2011-039266 A), hereinafter Hatakeyama; and Claims 14-16 under 35 U.S.C. 103 as being unpatentable over Hatakeyama et al. (Japanese Patent Publication No. JP 2011-039266 A), hereinafter Hatakeyama; in view of Harada et al. (Japanese Patent Publication No. JP 2008-111103 A), hereinafter Harada; have been fully considered and, in light of the amendments made, are persuasive. Therefore, the rejection has been withdrawn.
Claim Rejections - 35 USC § 102
5. 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.
6. 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.
7. Claim 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by (Chinese Patent Publication No. CN 109206826 A; Applicant: WENG QIUMEI), hereinafter Weng.
8. Regarding Claim 1, Weng teaches (Example 18, Page 27, Lines 5-21 of English translation) a photosensitive polymer comprising a repeating unit of a vinyl heteroaromatic compound wherein the vinyl heteroaromatic compound is the first listed compound listed in Claim 1 of the present application.
Allowable Subject Matter
9. Claims 9-12 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. The analogous prior art, while teaching a solvent fails to teach the additional limitation of Claim 9 of a photoacid generator. Claims 10-12 are dependent of Claim 9.
10. Claims 3, 5-6, 8, and 13-16 are allowed. The prior art fails to teach all repeating unit limitations of Claim 3. Claims 5-6, 8, and 13-16 are dependent of Claim 3.
Conclusion
11. Any inquiry concerning this communication should be directed to RICHARD D CHAMPION at telephone number (571) 272-0750. The examiner can normally be reached on 8 a.m. - 5 p.m. Mon-Fri EST.
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/RICHARD DAVID CHAMPION/Examiner, Art Unit 1737