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 .
DETAILED ACTION
Claims 1-3, 5, 6, and 8-36 are pending. Claims 4 and 7 have been canceled. Note that, Applicant’s amendment and arguments filed January 30, 2026, have been entered.
Claim 19 is withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on April 24, 2025.
Objections/Rejections Withdrawn
The following objections/rejections as set forth in the Office action mailed 7/8/25 have been withdrawn:
The objection to claims 11-16 due to minor informalities has been withdrawn.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claims 34 and 36 are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. With respect to instant claims 34 and 36, these claims are dependent upon instant claims 1 and 21, wherein claims 1 and 21 recite that the amine compound “comprises an amino alcohol, the amino alcohol has a quaternary carbon atom…”; instant claims 34 and 36 recite broad groups of amine compounds which do not further limit instant claims 1 and 21. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Claim Rejections - 35 USC § 102
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.
Claim Rejections - 35 USC § 103
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1, 3, 5, 6, 8, 11, 14, 15, 17, 18, 20, 23-25, 29, 30, and 34 are rejected under 35 U.S.C. 103 as being unpatentable over Ikemoto (US2006/0270574).
With respect to independent, instant claim 1, Ikemoto teaches a photoresist stripping agent which easily removes, at low temperatures in a short period of time, photoresist layers applied on substrates, photoresist layers remaining after etching and photoresist residues after ashing subsequent to etching. The photoresist stripping agent also removes the photoresist layers and photoresist residues without corroding substrates, wiring materials, insulating layers, etc. to enable the fine processing and provide high precision circuits. See Abstract. The photoresist stripping agent of the present invention contains at least one formaldehyde-alkanolamine reaction product which is a product of the reaction between formaldehyde and an alkanolamine. As an example of the reaction product of an amine and an aldehyde, methylolamine has been known in the art. The photoresist stripping agent of the present invention contains, as the effective ingredient, a formaldehyde-alkanolamine reaction product other than methylolamine. The chemical structure of the formaldehyde-alkanolamine reaction product is not completely known. See para. 11. The photoresist stripping capability of the formaldehyde-alkanolamine reaction product is enhanced by the co-existence of an alkali compound. Examples of the alkali compounds include alkylamines, alkanolamines, polyamines, cyclic amines, quaternary ammonium compounds and hydroxylamine compounds. See para. 15. Examples of alkanolamines include N-methyl-2-amino-propane-1-ol, N-ethyl-2- amino-propane-1-ol, diethanolamine, monoethanolamine, 2-amino-2-methylpropane-1-ol (i.e., 2-amino-2-methyl-1-propanol), etc., and examples of the quaternary ammonium compounds include tetramethylammonium hydroxide, tetraethylammonium hydroxide, tetrapropylammonium hydroxide, tetrabutylammonium hydroxide, choline hydroxide, and acetylcholine hydroxide. Note that, the alkali compounds may be used alone or in combination of two or more. See paras. 16-25.
The photoresist stripping agent of the present invention may contain an anticorrosion agent such as aromatic hydroxy compounds, sugar alcohols, triazole compounds and chelating compounds. Examples of the aromatic hydroxy compounds include phenol, cresol, xylenol, pyrocatechol, tert-butylcatechol, resorcinol, hydroquinone, pyrogallol, etc. Examples of the chelating compounds include phosphoric acid-based compounds such as 1,2 propanediaminetetramethylenephosphonic acid and hydroxyethanephosphonic acid; carboxylic acid-based compounds such as ethylenediaminetetraacetic acid, dihydroxyethylglycine, nitrilotriacetic acid, oxalic acid, citric acid, malic acid, and tartaric acid, etc., wherein these compounds may be used alone or in combination of two or more. See para. 29.
The content of the alkali compound is preferably 0 to 99.999% by weight, more preferably 10 to 99.99% by weight of the photoresist stripping agent. The content of the anticorrosion agent is not particularly limited. If used, the content of the anticorrosion agent is preferably 0.1 to 30% by weight, and more preferably 1 to 15% by weight based on the photoresist stripping agent. The use of water is not critical in the present invention, and the content thereof may be determined according to the conditions of etching and ashing processed, etc. If used, the content of water is preferably 1 to 50% by weight, and more preferably 5 to 40% by weight based on the photoresist stripping agent. See paras. 30-34. Note that, the Examiner asserts that the broad teachings of Ikemoto would suggest compositions having no flash point as recited by the instant claims because Ikemoto teaches compositions containing the same components in the same amounts as recited by the instant claims and further, such properties would flow naturally from the teachings of Ikemoto.
Ikemoto does not teach, with sufficient specificity, a composition containing an amine such as 2-amino-2-methyl-1-propanol, a chelating agent, water, and the other requisite components of the composition in the specific amounts as recited by independent, instant claim 1 and the respective dependent instant claims.
Nonetheless it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to formulate a composition containing an amine such as 2-amino-2-methyl-1-propanol, a chelating agent, water, and the other requisite components of the composition in the specific amounts as recited by independent, instant claim 1 and the respective dependent instant claims, with a reasonable expectation of success and similar results with respect to other disclosed components, because the broad teachings of Ikemoto suggest a composition containing an amine such as 2-amino-2-methyl-1-propanol, a chelating agent, water, and the other requisite components of the composition in the specific amounts as recited by independent, instant claim 1 and the respective dependent instant claims.
Claims 2, 9, 10, 12, 13, 21, 22, 26-28, 31, 32, and 36 are rejected under 35 U.S.C. 103 as being unpatentable over Ikemoto (US2006/0270574) as applied to claims 1, 3, 5, 6, 8, 11, 14, 15, 17, 18, 20, 23-25, 29, 30, and 34 above, and further in view of WO02/33033.
Ikemoto is relied upon as set forth above. However, Ikemoto does not teach a pH, for example, of 11 or the use of surfactants in addition to the other requisite components of the composition as recited by the instant claims.
‘033 teaches aqueous alkaline compositions useful in the microelectronics industry for stripping or cleaning semiconductor wafer substrates by removing photoresist residues and other unwanted contaminants. The compositions typically contain (a) one or more metal ion-free bases at sufficient amounts to produce a pH of about 10-13 and one or more bath stabilizing agents having at least one pKa in the range of 10-13 to maintain this pH during use; (b) optionally, about 0.01% to about 5% by weight (expressed as SiO2) of a water-soluble metal ion-free silicate; (c) optionally, about 0.01% to about 10% by weight of one or more chelating agents; (d) optionally, about 0.01% to about 80% by weight of one or more water-soluble organic co-solvents; and (e) optionally, about 0.01% to about 1% by weight of a water-soluble surfactant. See Abstract. The compositions of the present invention may also contain any suitable water-soluble amphoteric, non-ionic, cationic or anionic surfactant. The addition of a surfactant will reduce the surface tension of the formulation and improve the wetting of the surface to be cleaned and therefore improve the cleaning action of the composition. See pages 13 and 14.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to formulate the composition taught by Ikemoto to have a pH, for example, of 11, with a reasonable expectation of success, because ‘033 teaches the formulation of a similar composition at a pH, for example, of 11 and further, Ikemoto et al teach that the amounts and types of components added to the composition may be varied with wide ranges which would allow for the formulation of composition at various pH values.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to use surfactants in the composition taught by Ikemoto, with a reasonable expectation of success, because ‘033 teaches that the use of surfactants in a similar composition improves the cleaning action of the composition and further, such enhanced cleaning would be desirable in the compositions taught by Ikemoto.
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Ikemoto (US2006/0270574) as applied to claims 1, 3, 5, 6, 8, 11, 14, 15, 17, 18, 20, 23-25, 29, and 30 above, and further in view of Liu et al (US2017/0145311).
Ikemoto is relied upon as set forth above. However, Ikemoto does not teach the use of a sulfur-containing amino acid such as cysteine in addition to the other requisite components of the composition as recited by the instant claims.
Liu et al teach compositions that can be used for a variety of applications including, for example, removing unwanted resist films, post -ash residue on a semiconductor substrate, etc. See para. 2. The composition contains from about 25 to 80% by weight of water, from about 0 to about 60% by weight of a water-miscible organic solvent, from about 5 to about 30% by weight of a base comprising a quaternary ammonium compound, from about 0 to about 35% by weight of an amine compound, from about 0 to about 5% b weight of a buffering agent, and from about 0 to about 15% by weight of a corrosion inhibitor. Suitable amines include monoethanolamine, N-methyl ethanolamine, etc., and suitable quaternary ammonium compounds include benzyltrimethylammonium hydroxide, triethylammonium hydroxide, etc. See paras. 20-21 and 42-46 and claim 20. Suitable buffering agents include acids such as citric acid, etc., such that the composition has a pH of from 10 to 14. See paras. 46-49. Suitable solvents include dimethylacetamide, N-methyl pyrrolidone (NMP), dimethyl sulfoxide (DMSO), etc., wherein the solvent may be used alone or in combination with two or more. See paras. 50-52. Suitable corrosion inhibitors include catechol, t-butyl catechol, pyrocatechol, L-ascorbic acid, gallic acid, etc. See paras. 58-65. Chelating agents such as diethylenetriamine pentaacetic acid (DETPA), N,N,N,N-ethylenediaminetetra(methylene-phosphonic acid), nitrilotriacetic acid, cysteine, etc., may be used in the composition in amounts from 0 to 10% by weight. See paras. 73-77. Other additives may be used such as surfactants, etc. See para. 73.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to use cysteine in the composition taught by Ikemoto, with a reasonable expectation of success, because Liu et al teach the equivalence of cysteine to nitrilotriacetic acid as a chelating agent in a similar composition and further, Ikemoto teaches the use of nitrilotriacetic acid.
Claims 33 and 35 are rejected under 35 U.S.C. 103 as being unpatentable over Ikemoto (US2006/0270574); or Ikemoto (US2006/0270574) in view of WO02/33033 as applied to the rejected claims above, and further in view of WO2016/011331.
Ikemoto is relied upon as set forth above. However, Ikemoto does not teach the use of tris(hydroxymethyl)aminomethane in addition to other requisite components of the composition as recited by the instant claims.
‘331 teaches provides a composition for cleaning contaminants from semiconductor wafers following chemical-mechanical polishing. The cleaning composition contains a bulky protecting ligand, an organic amine, an organic inhibitor, and water. See Abstract. The organic amine comprises monoethanolamine (MEA), diethanolamine (DEA), triethanolamine (TEA), 3-amino-1-propanol, 2-dimethylaminoethanol, tris(hydroxymethyl)aminomethane (Tris), or any combination thereof. See para. 37.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to use tris(hydroxymethyl)aminomethane in the composition taught by Ikemoto, with a reasonable expectation of success, because ‘331 teaches the equivalence of tris(hydroxymethyl)aminomethane to diethanolamine as a suitable amine in a similar composition and further, Ikemoto teaches the use of diethanolamine.
Response to Arguments
With respect to the rejection of the instant claims under 35 USC 103 using Ikemoto, Applicant states that while Ikemoto describe some concrete examples of an amino alcohol including N-methyl-2-amino-propane-1-ol, all of the examples do not have a quaternary carbon atom bonding to an amino group and three organic groups. In addition, an amino alcohol having a quaternary carbon atom bonding to an amino group and three organic groups as recited in the present claims 1 and 21 is not disclosed anywhere in Ikemoto.
In response, note that, the Examiner asserts that the teachings of a reference are not limited to the preferred embodiments and that the broad teachings of Ikemoto suggest compositions containing the same components in the same amounts as recited by the instant claims. Note that, the fact that a specific embodiment is taught to be preferred is not controlling, since all disclosures of the prior art, including unpreferred embodiments, must be considered. Merck & Co., Inc. v. Biocraft Labs., Inc., 874 F.2d 804, 807 (Fed. Cir. 1989). The prior art’s mere disclosure of more than one alternative does not constitute a teaching away from any of the disclosed alternatives. See In re Fulton, 391 F.3d 1195, 1201 (Fed. Cir. 2004). "[a] reference must be considered for everything that it teaches, not simply the described invention or a preferred embodiment." CRFD Research, Inc. v. Matal, 876 F.3d 1330, 1349 (Fed. Cir. 2017) (quoting In re Applied Materials, Inc., 692 F.3d 1289, 1298 (Fed. Cir. 2012)); see also In re Heck, 699 F.2d 1331, 1333 (Fed. Cir. 1983) (explaining that "[t]he use of patents as references is not limited to what the patentees describe as their own inventions". Additionally, disclosed examples and preferred embodiments do not constitute a teaching away from a broader disclosure or nonpreferred embodiments. In re Susi, 440 F.2d 442, 169 USPQ 423 (CCPA 1971); a known or obvious composition does not become patentable simply because it has been described as somewhat inferior to some other product for the same use. In re Gurley, 27 F.3d 551, 554, 31 USPQ2d 1130, 1132 (Fed. Cir. 1994); See MPEP 2123(II).
For example, Ikemoto clearly teaches that a suitable amine includes 2-amino-2-methylpropane-1-ol (i.e., 2-amino-2-methyl-1-propanol) (See para. 17), wherein this amine compound is the same recited by instant claim 8. Thus, the Examiner asserts that the teachings of Ikemoto are sufficient to render the claimed invention obvious under 35 USC 103.
Conclusion
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 GREGORY R DEL COTTO whose telephone number is (571)272-1312. The examiner can normally be reached M-F, 8:30am-6:00pm, EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Angela Brown-Pettigrew can be reached on (571) 272-2817. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/GREGORY R DELCOTTO/Primary Examiner, Art Unit 1761
/G.R.D/May 13, 2026
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